Page 165 - Bank-Muamalat_Annual-Report-2023
P. 165

ANNUAL REPORT 2023
                                                                                                         GOVERNANCE














                     all  aspects  of  the  products  or  activities  are  in   xvii.  The Shariah Committee shall maintain the confidentiality
                     accordance  with  Shariah  requirements  as  set  out    of   the   Bank’s   internal   information   and   shall
                     in  the  relevant  securities  laws  and  guidelines     responsible  for  the  safe  guarding  of  confidential
                     issued by the SCM;                                information.  He  or  she  should  maintain  all  information
                                                                       in  strict  confidence,  except  when  disclosure  is
                 b.   ensure  that  the  applicable  Shariah  rulings,
                                                                       authorised by the Bank or required by law.
                     principles  and  concepts  endorsed  by  the  SAC
                     are complied with; and                        xviii.  The  Shariah  Committee  shall  ensure  the  quality  and
                                                                       consistency of the Shariah decisions.
                 c.   apply  ijtihad  (intellectual  reasoning)  to  ensure
                     all  aspects  relating  to  the  Islamic  capital  market
                                                                   COMPOSITION OF SHARIAH COMMITTEE
                     products  and  the  Islamic  capital  market  activity
                     are in compliance with Shariah, in the absence of
                                                                   According  to  Policy  Document  on  Shariah  Governance
                     any  Shariah  rulings,  principles  and  concepts
                                                                   (PDSG),  the  composition  of  Shariah  Committee  at  minimum
                     endorsed by the SAC.
                                                                   must comprise of at least five (5) members and the member
                                                                   must not accept any appointment in more than one licensed
            ix.   Provide Written Shariah Opinions
                                                                   Islamic  bank,  one  licensed  takaful  operator  and  one
                 The  Shariah  Committee  is  required  to  provide  written   prescribed  institution.  Furthermore,  a  Shariah  Committee
                 Shariah  opinions  in  circumstances  where  the  Bank     member  must  not  serve  the  same  Islamic  Financial
                 make  reference  to  the  SAC  for  further  deliberation,     Institutions  (IFI)  for  more  than  nine  (9)  years  with  effective
                                                                        st
                 or  where  the  Bank  submits  applications  to  the  Bank    from  1   April  2023.  For  this  year,  the  Bank  has  appointed
                 for new product approval.                         two  (2)  new  members  and  subsequently  appointed  a  new
                                                                   Chairman  after  the  previous  Chairman  has  reached  the
            x.   Provide the Bank with guidelines and advice on religious   maximum period of appointment as set by BNM.
                 matters to ensure that the Bank’s overall activities are in
                 line with Shariah.                                As  at  December,  Shariah  Committee  of  Bank  Muamalat
                                                                   comprises  of  six  (6)  members  where  they  are  based  on
            xi.   Make decisions on matters arising from existing and future   renewal  as  per  guided  under  PDSG.  A  brief  profile  of
                 activities of the Bank which have religious repercussions.  each  member  of  the  Shariah  Committee  is  presented  on
                                                                   pages 134 to 137 of this Annual Report.
            xii.  Report  to  the  shareholders  and  the  depositors  that
                 all the Bank’s activities are in accordance with Shariah.
                                                                   APPOINTMENT/REAPPOINTMENT OF SHARIAH
            xiii.  Provide  Shariah  advisory  and  consultancy  services  in   COMMITTEE
                 all  matters  relating  to  Bank’s  products,  transactions
                 and  activities  as  well  as  other  businesses  involving    The  appointment/reappointment  of  the  Shariah  Committee
                 the Bank.                                         members and Chairman of the Shariah Committee is subject
                                                                   to assessment and evaluation based on necessary conditions
            xiv.  Scrutinise and endorse the annual financial report of the   made  by  the  Bank  and  met  all  requirements  specified
                 Bank.                                             in the policies issued by BNM.
            xv.   Provide training to the staff as well as notes or relevant   The  Board  shall,  upon  recommendation  of  its  Nomination
                 materials for their reference.                    Committee,  nominate  the  appointment  of  the  members
                                                                   of the Shariah Committee.
            xvi.  Represent  the  Bank  or  to  attend  any  meetings  with
                 the  SAC  or  other  relevant  bodies  concerning  any     Further written approval and endorsement from Bank Negara
                 Shariah issues relating to the Bank.              Malaysia  must  be  obtained  after  approval  from  the  Board
                                                                   at  least  three  (3)  months  before  it  expects  a  proposed
                                                                   candidate  to  assume  his/her  responsibilities.  In  the  case  of
                                                                   reappointment,  the  application  must  be  submitted  three
                                                                   (3)  months  prior  to  the  expiry  of  the  Shariah  Committee
                                                                   member’s tenure.

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