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         Philosophy and Fundamentals of Sharī’ah for Islamic Finance
         SHA0011


               UNIT 4:  ROLES AND DUTIES OF SHARĪ’AH ADVISOR AT FUND
                         MANAGEMENT LEVEL
                 Among other, Shariah advisor is expected :


                 1.     To advise all aspects of Islamic fund management business in
                        accordance with Sharī’ah principles.

                 2.     To provide Sharī’ah expertise and guidance on all matters, particularly in
                        documentation, structuring and investment instruments, and ensure
                        compliance with relevant SC regulations and/or standards, including
                        resolutions issued by the SAC.

                 3.     To review reports prepared by compliance officers of the Islamic fund
                        manager on investment transaction to be in compliance with Sharī’ah
                        principles.

                 4.     To provide a written opinion and/ or periodic report to confirm and
                        certify whether the Islamic fund management business has been
                        managed and/or administered in accordance with Sharī’ah principles.

                 In carrying out the roles above, a Sharī’ah advisor must act with due care,
                 skill and diligence.


               UNIT 5:  ROLES AND DUTIES OF SHARĪ’AH OFFICER/SECRETARIAT AT
                         INSTITUTIONAL LEVEL (BANK & TAKAFUL)


               1.     Sharī’ah Review
                      a.      Sharī’ah review is a regular assessment on Sharī’ah compliance
                              in the activities and operations of the IFI

                      b.      The review process shall cover:

                              i.     planning the review program which includes the objectives,
                                     scope, reporting, rectification and follow-up actions
                                     followed by the execution of the program.

                              ii.    documentation of the processes involved in the review

                              iii.   communicating the outcome of the review and high
                                     lighting any non- compliances to the Sharī’ah committee
                                     and the management; and rectifying any instances of
                                     non-compliance with the Sharī’ah to prevent such events
                                     from recurring.

               2.     Sharī’ah Audit
                      a.      Sharī’ah  audit is a periodical assessment conducted from time
                              to time, in order to provide an independent assessment and
                              objective assurance designed to add value and improve
                              the degree of compliance in relation to the IFI’s business operations.
                              The main objective is  to ensure a sound and effective internal
                              control system for Sharī’ah compliance.
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