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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Islamic Financial Services Act 2013 is a new statute that repealed Islamic Banking Act 1983.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 aims to highlight the background of Islamic Financial Services Act 2013 (IFSA). It also highlights experiences of Malaysia in dealing with IFSA. The analysis is tackled along the lines of the background and the constitutional frameworks of the country, the initiatives introduced by the government for the development of shari’ah compliance within the Islamic banking and finance fraternity as well as the relevant organs in carrying out the audit exercises over the Islamic banks and financial institutions in Malaysia. The chapter critically elucidates the implementation of the IFSA and its impact on shari’ah governance. It concludes by suggesting that the areas in the constitutional legal framework of the contemporary Islamic finance in Malaysia support the development of the Islamic banking and finance fraternity as with the shari’ah compliance of the same and it applies to all cooperative society.

We examine whether systematic risk of the financial services industry (banks, finance, insurance, and real-estate sectors) declined after the passage of GLBA. This study differs from prior work in that we examine changes over a long period of time (5 years before and 5 years after the Act) and we use the Carhart (1997) four-factor model for assessing changes in risks. The study finds that banks, insurance, finance, and real-estate segments load on the market, size, and value factors before as well as after GLBA (the real-estate segment loads on the value factor only after GLBA). Except for finance companies, betas decline significantly for all the other segments after the GLBA. In the case of banks even their loadings on the size and value factors decline after the GLBA, while in the case of finance and real-estate companies the loadings on the momentum factor exhibits reduction in risk after the Act. Overall, the GLBA had a risk reducing impact on the financial services industry.

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.

This chapter aims to examine Bank Negara Malaysia’s (BNM) approach in fulfilling its financial consumer protection mandate from unfair contract terms and the statutory framework relevant for consumer protection in the domestic market. This is a qualitative-based research. Using content analysis, this study analyses BNM’s Financial Stability and Payment Systems Report from 2012 to 2016, specifically on the ‘market conduct and consumer empowerment’ to explore BNM’s prudential regulatory, supervisory and consumer protection roles in protecting bank consumers from unfair contract terms. It is found that even if a number of standards and guidelines have been issued by BNM in improving ‘fairness and transparency’, the potential risk facing bank consumers from unfair terms in standard consumer contracts of Islamic banks especially where terms may be unfair or unclear remains unchanged. This study recommends that BNM as the Central Bank and financial regulator of Malaysia promotes self-regulation of the Islamic banks by adopting value-based banking of a consumer-focussed culture in delivering an effective protection for consumers from unfair contract terms and empowering them in their dealings with Islamic banks in Malaysia. This study will be helpful in bringing a policy formulation by BNM in identifying their weak areas and suggesting improvements in pursuing a strong consumer protection agenda from unfair contract terms.

Extant research on non-financial service firms indicates that board size is a key determinant of firm performance. Property-liability (P&L) insurers, however, face a different set of agency costs and a more intense regulatory environment than most non-financial firms. Both of these factors were reinforced by the implementation of the Financial Services Modernization Act in 2000. We document a significant inverse relation between publicly traded P&L insurer performance and board size in the post-Financial Services Modernization Act period. Publicly traded P&L insurer performance, measured by market-to-book ratio, return on revenues, and the operating ratio, was enhanced for firms with smaller board sizes in 2000 and 2001. Ironically, we find that publicly traded P&L insurers on average increased board size in 2000 and 2001. In a post-Financial Services Modernization Act environment, board size appears to be related to publicly traded P&L insurer performance, but more research is necessary to develop a complete understanding of its role in P&L insurer corporate governance.

The evolution of new technologies like cloud computing, artificial intelligence and block chain has led to phenomenal growth of the FinTech Industry. The digital-only banking also known as neo, virtual or challenger banks leverage these technologies with the ultimate aim of enhancing the reach of the formal banking sector to the hinterlands of our country which are currently plagued with the problem of inadequate infrastructure. It is evident that convergence of the neo-bank with the traditional banking system would be a path-breaker as it caters to the gamut of services which can be offered to the end customer. Recent trends indicate that regulators are concentrating on consolidating different enactments in the form of codes instead of separate and piecemeal laws to control regulatory cholesterol and promoting digital technologies, thereby nurturing competitiveness in the market. Through this chapter we aim to do a comparative analysis of the technological advancements and its implementation in India with other jurisdictions. We will be relying on secondary data sourced from various governmental websites, surveys and journals. With the FinTech industry gaining traction and decentralization of this sector, it becomes imperative to have proper regulations to curb unwarranted risks, the absence of which might just halt the potential growth and can turn out to be a nightmare for the economy if not dealt with caution. There exists unexploited potential in the digital sector which can also be used across the borders to realize its true worth. However, it should be based on responsible innovation which attends to the interoperability issues while preserving the functioning and stability of the financial system.