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This chapter aims to explore the Shari’ah governance rules applied in the Malaysian Islamic banking arena and the effect of Islamic Financial Services Act 2013 on it.

This is a legal exploratory study primarily focused on library research.

Shari’ah governance is a concept that has been developed and applied gradually in Malaysia and the new Islamic Financial Services Act 2013 has taken it to the next level. However, this does not mean that it has resolved the problems in Shari’ah governance that existed before the enactment of the act.

Islamic Financial Services Act 2013 is a new statute that repealed Islamic Banking Act 1983. As such, not many have reviewed this new piece of legislation. This chapter will give insight into the evolution of Shari’ah governance as part of corporate governance of Islamic banks in Malaysia and will help explain the most recent developments in this arena along with the challenges.

This chapter explores the historical development of shari’ah governance infrastructures in the Malaysian landscape, pre- and post-Islamic Financial Services Act 2013 (IFSA) and its implications on the industry. This chapter analyzed two approaches developed in the shari’ah governance, namely, the inclusivity and uniformity approach. Inclusivity approach showed that the shari’ah compliance responsibility is shared inclusively by the shari’ah committee together with the institution’s top management. While the uniformity approach showed that the end-to-end shari’ah compliance is achieved through issuance of shari’ah standards that can be easily related by the practitioners into their banking operations and business. The coherence implementation of these approaches has enabled another important stakeholder, the judiciary to have more clarity and certainty in dealing with matters pertaining to Islamic banking and finance. Consumers’ trust and confidence in the financial sector is thereby secured and sustained, hence providing financial stability within the industry, which meets with the expectation and mandate given to IFSA.

Purpose: Pandemics lead to a sudden decline in the level of economic activities. Lending institutions reduce credit supply to businesses due to fears of rising bad debts during a pandemic. This chapter highlights some approach to financial regulation and bank supervision during a pandemic such as the SARS and COVID-19 pandemic.

Methodology: This chapter uses discourse analysis based on the literature on banking regulation and supervision.

Findings: The author shows that financial regulation during a pandemic can be enhanced by diversifying the financial system, maintaining adequate liquidity in the financial system, stimulating financial institutions to provide more credit, delaying the recognition of significant increase in credit risk, lowering the reference interest rate to encourage more lending, and providing stimulus packages to financial institutions in the economy. The author also suggest measures to improve bank supervision during a pandemic which include adopting a flexible supervisory framework, modifying bank supervisory examinations, using ad hoc stress tests, releasing the countercyclical capital buffer to banks, and increase the use of regulatory forbearance.

Implications: The implication of these approaches to coping with a pandemic is that these measures can help to ensure the survival of small and large businesses and financial institutions. It can also help to preserve jobs and help to reduce the long-term damage to the economy caused by the pandemic.

Originality: Prior studies have not examined the effect of COVID-19 pandemic on bank supervision and financial regulation.

Low interest rates around the world due to adaptive monetary policy regulations for some time a source of concern for the banking sector and depositors of the bank. In this environment, interest rates have raised concerns about nominal deposit interest rates which cannot be lowered below zero without destroying bank customers. Bank loans are becoming less vulnerable to lower interest rates on deposits approaching zero, indicating that the financial channel is weakened when interest rates are close to zero. Demographic pressures associated with longer life expectancy, China's gradual integration into global financial markets and changes in supply and asset requirements are attributed as reasons for low interest rates. Volatility of CPI inflation, interest rates on bank deposits attracting income tax and discontented depositors due to lower rates are cited as reasons for the suffering of bank depositors. This chapter thus discusses the impact of negative rate on economic growth and bank customers besides discussing the future trends of negative interest rates.

International banking refers to the activities of providing financial services (banking) to clients (both institutional and individual) located in many different countries. This encompasses a wide range of activities, including transactions with foreigners and domestic residents relating to deposits and lending in domestic and foreign currencies, facilitating foreign currency transactions and foreign exchange risk hedging, participating in international loan syndications, and facilitating international trade finance for clients.

The analysis considers the use of Benford’s Law as a forensic tool to audit the quality of accounting information reported by banks in emerging market countries. History suggests that lack of financial standards and reporting transparency can ultimately lead to bank failures in these nations. We use the Benford Distribution to analyze the first digits of bank financial statement entries and show the value of accounting standards in producing information of high quality. Benford’s Law maintains that the first digits of an unconstrained, large array of numbers might follow a lognormal pattern. It can be applied, for example, to financial statements issued by banks to infer their data integrity. To illustrate the importance of accounting standards and reporting transparency, the analysis utilizes Russian bank statement data from 2001 to 2011. The main finding is that accounting standards matter. After the Russian Central Bank required all banks to adopt International Financial Reporting Standards in 2004, the financial statement data largely conformed to Benford’s Law. While the Benford distribution can be used to infer the overall quality of bank financial statement data in emerging market countries, it is less effective in spotting troubled banks that commit reporting fraud. One possible reason is that the Benford distribution is scale invariant, and violation of Benford’s Law is a sufficient but not necessary condition for accounting irregularities.