Page 166 - Bank-Muamalat_Annual-Report-2023
P. 166

BANK MUAMALAT MALAYSIA BERHAD




          SHARIAH
          COMMITTEE







          RESIGNATION AND TERMINATION OF THE SHARIAH            For  the  period  of  January  to  December  2023,  12  Shariah
          COMMITTEE                                             Committee  meetings  were  held,  of  which  all  Shariah
                                                                decisions  were  disseminated  for  further  action  by  relevant
          Where  a  Shariah  Committee  member  resigns  or  is
                                                                business units:
          disqualified  pursuant  to  the  relevant  paragraphs  in  PDSG,
          section  33(2)  and  34(1)  of  the  IFSA  impose  obligations
                                                                 No.           Meeting                 Date
          on  the  Bank  and  the  Shariah  Committee  member  to  notify
                                                                      st
          the  BNM  of  that  fact  and  its  reason  immediately  or  in  any    1.  1  Monthly Meeting 2023  11 January 2023
          cases no later than fourteen (14) days of such circumstances.   2.  2  Monthly Meeting 2023  25 January 2023
                                                                      nd
                                                                      rd
          For the purpose of the application for termination, the Bank   3.  3  Monthly Meeting 2023  23 February 2023
          must  provide  justifications  as  well  as  assessment  on  the   4.  4  Monthly Meeting 2023  8 March 2023
                                                                      th
          performance of such member to BNM.
                                                                      th
                                                                  5.  5  Monthly Meeting 2023    22 March 2023
                                                                      th
                                                                  6.  6  Monthly Meeting 2023    10 May 2023
          NEGATIVE LIST
                                                                  7.  7  Monthly Meeting 2023    24 May 2023
                                                                      th
          The  Shariah  Committee  member  or  his  immediate  family   th
                                                                  8.  8  Monthly Meeting 2023    21 June 2023
          member must not:
                                                                  9.  9  Monthly Meeting 2023    27 July 2023
                                                                      th
          a.   be  an  executive  of  the  Bank  during  the  tenure  of   10.  10  Monthly Meeting 2023  14 September 2023
                                                                        th
              his  appointment  or  within  the  last  two  (2)  years  of
                                                                 11.  11  Monthly Meeting 2023   19 October 2023
                                                                       th
              his  proposed  appointment  as  a  Shariah  committee
                                                                       th
              member;                                            12.  12  Monthly Meeting 2023   22 November 2023
          b.   be  a  substantial  shareholder,  executive  director     The  Shariah  Committee  member  is  expected  to  contribute
              or senior officer of the Bank or any of its affiliates; or  and  allocate  adequate  time  and  efforts  to  discharge  his
                                                                duties  effectively.  The  Shariah  Committee  member  must
          c.   have  a  significant  business  or  other  contractual   attend at least 75% of the Shariah Committee meetings held
              relationship  with  the  Bank  or  any  of  its  affiliates    in  each  financial  year.  Where  necessary,  the  participation  of
              within the last two (2) years                     the Shariah Committee can be facilitated by way other than
                                                                physical presence, remains the exception rather than the norm,
                                                                and  is  subject  to  appropriate  safeguards  to  preserve
          SHARIAH COMMITTEE MEETINGS
                                                                confidentiality of the deliberations.
          According to PDSG, the Shariah Committee meetings shall be
          held at least once in every two (2) months. Meetings shall be   In  respect  of  the  quorum  for  Shariah  committee  meetings,
          held regularly to ensure that:                        the Bank must ensure that there is a majority of Shariah qualified
                                                                members to be present at each meeting. The Bank shall ensure
          a.   the Shariah Committee is kept sufficiently in touch with   that any decision of the Shariah Committee must be made on
              the business of the Bank;                         the basis of simple majority.

          b.   the  operations  of  the  Bank  are  not  adversely     The  Shariah  Committee  shall  put  on  record  in  its  report  or
              affected  because  of  the  difficulty  in  securing  the     statements  directed  to  the  board,  its  concerns  over  any
              Shariah Committee’s approval for policy and decision.   Shariah non-compliance issues.














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