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In this chapter muamalah contracts are developed through the derivation of the respective rules from the requirement of shari'ah, not only avoiding the prohibited items in commercial transaction but at the same time enforcing the rights of parties to the contract in accordance with the contractual needs. Thus, these contracts safeguard the parties from being victim of the other in pursuing their commercial gains. The study examines the requirement of mudarabah and musyarakah contracts in the context of the relationship between shareholders and corporation as a foundation of a sound corporate governance mechanism. It is derived that the muamalah contracts if applied in its true nature are capable of defining and protecting the rights of all parties ridding crucial corporate governance concern which are mostly incited by the distrust of the parties in the running of the corporation and generation of benefits.

This chapter aims to provide the fundamental grounds in shari'ah for corporate governance. It searches the main sources of Islamic teachings around the main pillars for corporate governance and describes the basic norms built for the foundation of corporate governance in the Islamic framework. This chapter also provides numerous original evidences linking principles of corporate governance to the main objectives of shari'ah. In the end, this chapter presents the review of the included chapters in the current volume.

This chapter gives an overview on the importance of business innovation during the COVID-19 pandemic with a special reference to Brunei Darussalam. It also highlights the important role of technology and digitalization of businesses. Micro, small, and medium-sized enterprises (MSMEs) have been the backbone of the Association of Southeast Asian Nations (ASEAN) economy, thus innovative strategies are required to assist them in during the pandemic. The information obtained is based on observation and secondary sources. Despite businesses struggling to stay afloat as a result of movement restriction orders and partial lockdown, new startups were created as a result of addressing a specific problem during the pandemic which requires entrepreneurs to be more innovative and proactive. However, being innovative should not be focused on businesses only. As maintaining positive cash flow is the main issue among MSMEs, a financial innovation to assist MSMEs should be explored, learning from the experience of Islamic banking and finance during global financial crisis. This chapter also suggests future studies, for instance exploring a resilient and adaptable business model during economic uncertainties, the important role of Islamic financial technology and financial digital economy which could help to empower both startups and MSMEs.

Purpose – A study of Islamic banking products, especially bay’ al-tawarruq transactions, demonstrates that the purpose of these transactions is to provide liquidity to the customer, such as personal financing, working capital expenditure, cash lines and credit cards. However, as the industry expands, the industry is innovating to extend products to include an investment and deposit instrument that provides a fixed return to the customer. As the second fully-fledged Islamic bank in Malaysia, Bank Muamalat Malaysia Berhad (BMMB) offers products based on the bay’ al-tawarruq concept.

Methodology/approach – This study investigates the original principles of the bay’ al-tawarruq contract and its current applications in BMMB.

Findings – The study found that the bay’ al-tawarruq contract is being adopted as an alternative to the bay’ al-‘inah contract, especially for financing-based products offered by BMMB.

Originality/value – This is an attempt to study the application of Tawarruq contract in Bank Muamalat’s product offerings based on the process and mechanism of Bursa Suq al-Sila’ (BSAS).

Hisbah is one of the distinguished institutions that had emerged since the early days of the Islamic empire. Based on its cardinal duty to enjoin good and prohibit evil, over time, its functions gradually expanded, and its responsibilities increasingly grew. In light of the contemporary trend in establishing institutional framework for consumer protection, entrusting an agency with multifarious tasks may not be the best and effective way in handling consumer protection issues. Thus, this chapter attempts to explore the new paradigm of hisbah as a consumer protection institution in Malaysia with a special reference to the Islamic consumer credit industry. While utilising the doctrinal legal research methodology, relevant sources of law have been examined and analysed. This research finds that the classical hisbah institution provides a good reference point in establishing regulatory agency and dispute management body. Nevertheless, some modifications are required to remain relevant especially in terms of specialisation of role and function. Likewise, it is viewed that adjustment of the hisbah institution is also necessary regarding the characteristic of the muhtasib (ombudsman).

Legal and Sharīʿah issues abound in creating security to finance waqf property development in Malaysia, for it involves integrating the Sharīʿah concept of waqf with requirements of Malaysian land law as well as the requirements of modern finance under civil law. Banks and financial insti­tutions will not generally finance property development without any form of security for the loan. The best type of security transaction under Malaysian land law is to create a charge on the land under the National Land Code 1965, rendering the land liable as a security which upon default of the chargor, would entitle the chargee to seek statutory remedies including sale of the land. Such may not be feasible for waqf properties due to the inalienable nature of such properties. Due to the remedy of sale of the land upon default, the same issues would arise in regard to other types of securities like a lien and a loan agreement cum assignment. There is therefore a need to diversify the available options in creating security over waqf property. What are the existing Sharīʿah restrictions on waqf property? Do these restrictions affect the creation of security over waqf lands under conventional Malaysian land law? What are the legal and Sharīʿah issues relating to creating a charge over waqf lands? What are some feasible options? Initial findings are that creating a charge on a lease of waqf land as well as resorting to a hybrid form of a traditional security transaction in Malaysia, called ‘Jualjanji’, may hold some answers. Through doctrinal legal research and content analysis, this chapter explores these issues and recommends feasible solutions.

Purpose – The purpose of the research is to analyze the efficiency of Islamic banks in Indonesia. The data used in this research are panel data observed from 2012 until 2016. The sampling of this research is conducted on five Sharia banks in Indonesia, that is, Bank Muamalat, Bank SyariahMandiri, BukopinSyariah, BRI Syariah, and Bank Mega Syariah.

Design/Methodology/Approach – The study uses a quantitative method to analyze the efficiency of Sharia banking with formulation of comparison of operating expenses to operating revenues (BOPO).

Finding – The result of this research concludes that Sharia banking in Indonesia has not been efficient during the last five years, that is, 2012–2016. This can be seen from the range of banking efficiency ratio. The average level of Islamic banking efficiency ranges between 89.73% and 94.16%. Bank Muamalat whose range is 94.16% shows the highest average efficiency ratio compared to other Sharia banks. Meanwhile, Bank Mega Syariah maintains the lowest average efficiency ratio that is 89.37%. The five Sharia banks have a high efficiency ratio of over 80%. This shows that Sharia banking in Indonesia is inefficient

Originality/Value – The bank should be able to balance between cost (cost) and revenue. Sharia banks must also be able to create good product innovation in order to increase the collection of funds from the community, such as for competitive outcomes, prizes, or other programs that raise public interest to use the services of Sharia banking.

Research Limitations/Implications – This inefficiency is due to the high bank operating costs compared to the bank’s operating income.