IRTI 15 th DL Course 9 th

IRTI 15 th DL Course : 9 th lecture 8 Rajab 1433 H, 29 th May 2012, O ye who believe!, If a wicked person comes to you with any news, ascertain the truth, lest ye harm people unwittingly and afterwards become full of repentance for what ye have done” REINVENTIN G AUDITING AND ACCOUNTIN G FOR ISLAMIC FINANCE: THE IDEAL, REALITIES AND CHALLENGES Assoc. Professor Dr Shahul Hameed bin Mohamed Ibrahim Head, CIFP International Centre for Education in Islamic Finance Kuala Lumpur, Malaysia

CONTENTS Why Accounting and Auditing needs to be redefined Existing and Proposed definitions Existing standards: AAOIFI, IFSB and IASB Annual Reports: Cross Standard Comparison Issues in shariah auditing Shariah Audit Report 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 2

WHY THE NEED FOR REINVENTING • The purpose of developing Islamic socio-economic organizations such as IFIs are to: • Achieve the socio-economic objectives of the islamic economic system especially social justice. • Need fullfillment • Equitable earnings • Dignity of the khalifa • Less concentration of wealth • While operating with the bounds of the Shariah 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 3

WHY THE NEED FOR REINVENTING • Accounting and auditing are both tools to provide information and to measure performance. • Conventional accounting and auditing have been developed in a environment with materialistic values where financial objectives are emphasized for finance providers 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 4

CONTEMPORARY DEFINITIONS OF ACCOUNTING identifying classifying Economic Events and Transactions Financial Statements measuring recording Finance Providers summarizing Reporting and Interpreting Buy , Sell and Hold shares The process of identifying, classifying, measuring, recording, summarizing and reporting economic events to interested shareholders and creditors for them to make informed decisions (i. e to buy, hold or sell their shares) as to the amount, timing and certainty of future cash flows, the which is said to allocate scarce resources to the most efficient uses and which is said to achieve social welfare. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 5

RESULT OF INCONGRUENCY BETWEEN ECONOMIC SYSTEM AND ACCOUNTING SYSTEM SSYSTEMSYSTEM(SOURCE; SHAHUL, 2001) 4. THE SOCIO -ECONOMIC OBJECTIVES OF THE SHARI’A 5 A. THE SOCIO-ECONOMIC OBJECTIVES OF THE SECULAR CAPITALIST ECONOMIC SYSTEM 4 A. CAPITALIST ECONOMIC INSTITUTIONS 5. THE ISLAMIC ECONOMIC SYSTEM & FINANCIAL SYSTEM 1. ESTABLISHMENT OF ISLAMIC SOCIOECONOMIC INSTITUTIONS 2 A. USE OF CONVENTIONAL ACCOUNTING BASED ON SECULAR PHILOSOPHICAL VALUES INCONSISTENT WITH ISLAMIC VALUES 3 A. INCONSISTENT OR DEVIANT DECISION MAKING OF MUSLIM USERS (HOMEO ECONOMICUS) 2. USE OF ISLAMIC ACCOUNTING CONSISTENT WITH ISLAMIC VALUES 3. CONSISTENT DECISION MAKING IN LINE WITH ISLAMIC NORMS (HOMEO ISLAMICUS) 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 6

PROPOSED DEFINITIONS Islamic accounting can be defined as the “accounting process” which provides appropriate information (not necessarily limited to financial data) to stakeholders of an entity which will enable them to ensure that the entity is continuously operating within the bounds of the Islamic Shari’a and delivering on its socioeconomic objectives. Islamic accounting is also a tool, which enables Muslims to evaluate their own accountabilities to God (in respect of inter-human/environmental transactions). 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 7

INFORMATION FOR IFIS ACCORDING TO AAOIFI has thus identified the common “minimum “information needs as follows: Information which can assist in evaluating the bank’s compliance with the principles of Shari’a in all of its financial and other dealings. Information which can assist in evaluating the bank’s ability in: § Using the economic resources available to it in a manner that safeguards these resources while increasing their value, at reasonable rates. § Carrying out its social responsibilities and in particular those that have been specified by Islam, including the good use of available resources, the protection of the rights of others and the prevention of corruption on earth. § Providing for the economic needs of those who deal with the bank. § Maintaining liquidity at appropriate levels. Information which can assist those employed by the bank in evaluating their relationship and future with the Islamic bank, including the bank’s ability to safeguard and develop their rights and develop their managerial and productive skills and capabilities. (para 28) 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 8

TYPES OF REPORTS REQUIRED BY AAOIFI (a) Analytical financial reports about sources of funds for Zakah and their uses. Although the financial statements of Islamic banks will disclose the liability for Zakah and the amount that has been disbursed, users of financial statements might be interested in additional analysis of sources of funds for Zakah, methods of its collection including controls to safeguard these funds and their uses. (b) Analytical financial reports about earnings or expenditures prohibited by the Shari’a It is our intent for the financial statements to disclose income earned by the Islamic bank from prohibited transactions or sources and expenditures prohibited by the Shari’a and how those earnings were disposed of. However, users of the financial statements may be interested in detailed financial reports. Such reports may include information about the causes of such earnings, their sources, how they were disposed of and procedures established to prevent entering into transactions prohibited by the Shari’a. (c) Reports concerning the Islamic bank’s fulfillment of its social responsibilities (d) Reports about the development of the Islamic bank’s human resources 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 9

OBJECTIVES OF ISLAMIC FINANCIAL ACCOUNTING To determine the rights and obligations of all interested parties, including those rights and obligations resulting from incomplete transactions and other events, in accordance with the principles of Islamic Shari’a and its concepts of fairness, charity and compliance with Islamic business values. To contribute to the safeguarding of the Islamic bank’s assets, its rights and the rights of others in an adequate manner. To contribute to the enhancement of the managerial and productive capabilities of the Islamic bank and encourage compliance with its established goals and policies and, above all, compliance with Islamic Shari’a in all transactions and events. To provide, through financial reports, useful information to users of these reports, to enable them to make legitimate decisions in their dealings with Islamic banks. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 10

INFORMATION REQUIRED BY IFI’S USERS (a) Information about the Islamic bank’s compliance with the Islamic Shari’a and its objectives and to establish such compliance; (b) Information establishing the separation of prohibited earnings and expenditures, if any, which occurred, and of the manner in which these were disposed of. (para 37) (b) Information about the Islamic bank’s economic resources and related obligations (the obligations of the Islamic bank to transfer economic resources to satisfy the rights of its owners or the rights of others), and the effect of transactions, other events and circumstances on the entity’s economic resources and related obligations. (b) This information should be directed principally at assisting the user evaluating the adequacy of the Islamic bank’s capital to absorb losses and business risks; assessing the risk inherent in its investments and; evaluating the degree of liquidity of its assets and the liquidity requirements for meeting its other obligations. (para 38) (c) Information to assist the concerned party in the determination of Zakah on the Islamic bank’s funds and the purpose for which it will be disbursed(). (d) Information to assist in estimating cash flows that might be realized from dealing with the Islamic bank, the timing of those flows and the risk associated with their realization. This information should be directed principally at assisting the user in evaluating the Islamic bank’s ability to generate income and to convert it into cash flows and the adequacy of those cash flows for distributing profits to equity and investment account holders. (e) Information to assist in evaluating the Islamic bank’s discharge of its fiduciary responsibility to safeguard funds and to invest them at reasonable rates of return, and information about investment rates of returns on the bank’s investments and the rate of return accruing to equity and investment account holders. (f) Information about the Islamic bank’s discharge of its social responsibilities 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 11

AAOIFI’s Recommended Set of Financial Statements Similar to conventional to Financial Statements Statement of Financial Position (Balance Sheet) Cash Flow Statement Unique to Islamic Financial Institutions Income Statement (Profit and Loss Account) Statement of Changes In Restricted Investments Statement of Retained Earnings (Statement of Changes in Owners’ Equity) Statement of Sources and Uses of Funds in the Qard Statement of Sources and Uses of Funds in the Zakah and Charity Fund 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 12

EXAMPLES OF ANNUAL REPORTS CONVENTIONAL BANKS ISLAMIC BANKS NOT FOLLOWING AAOIFI ISLAMIC BANKS FOLLOWING AAOIFI 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 13

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ISSUES IN USING IASB STANDARDS , IFRS • the prohibition on partaking in interest-based • transactions and whether this should affect the use of discount rates for measuring financial instruments. • whether concepts such as ‘control’, ‘risks and • rewards’ or ‘rights and obligations’, essential in determining the accounting treatment under IFRS, , are readily translatable to Islamic finance, where the sanctity of contractual form is so important the unique structures in Islamic finance that can • confer rights and obligations on institutions, which are quite distinct from apparently similar conventional products (eg profit-sharing investment accounts based on murabaha) • whether potential changes to IFRS, such as in the • areas of lease accounting, financial instruments, insurance accounting and consolidation may have an impact on institutions applying IFRS, in the future. Source: ACCA report: Harmonising financial reporting of islamic finance 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 23

CONTEMPORARY DEFINITIONS OF AUDITING “The objective of an audit of financial statements is to enable the auditor to express an opinion whether the financial statements are prepared, in all material respects, in accordance with an applicable financial reporting framework”. International Standards on Auditing (ISA) 200, Objective and General Principles Governing an Audit of Financial Statemen Auditing is “a systematic process of objectively obtaining and evaluating evidence regarding assertions about economic actions and events to ascertain the degree of correspondence between those assertions and established criteria and communicating the results to interested users” (Committee on Basic Auditing Concepts [COBAC], 1972: 2) , 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 24

AN EXAMPLE OF CONFLICT BETWEEN IFRS AND AAOIFI Example: Ijara and presentation of leases off balance sheet One of the most common structures used in Islamic finance is the Ijara – a form of leasing arrangement. The pure Ijara is essentially an operating lease and there would appear to be little conflict in accounting for this (either for the lessor or the lessee) under the requirements of IAS 17. Increasingly used forms of leasing by IFIs are the ijara muntahia bittamleek (ijara MB) or ijara wa iqtina, which are similar to a hire purchase agreement popular in conventional finance. This is essentially a form of financing which, under IFRS, is treated as a finance lease because, as with a hire purchase agreement, the risks and rewards associated with owning the asset are in substance transferred to the lessee. Thus under IAS 17 the asset would be booked as such by the lessee, while the lessor (the financer) would book a receivable for the rent and related interest receivable. (ACCA 2010) 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 25

AUDITING PROCESS Systematic process Collection of evidence Reliable and sufficient About subject matter Comparison with criteria Communication of findings 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 26

Comparison between conventional and islamic auditing Element Conventional Audit 3 party relationship Entity, auditor, user Appropriate subject matter Suitable criteria Sufficient appropriate evidence Written assurance report Islamic Auditing Entity, auditor and broader range of users Financial statement Processes, contracts, assertions personnel, systems, performance, financial statements IFRS Shari’a principles and rules, aaoifi standards and appropriate parts of IFRS Observation, inquiry, Same techniques on physical examination, relevant documents vouching of documents and events. and minutes of directors meetings Standard audit report A more detailed report prepared by auditor prepared by a shari’a auditor 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 27

Evolution of Auditing Financial Audit Financial statement s Late 1800 s/1900 s Performance Audit Economy, effectiveness and efficiency of resource utilization, programs & activities 1960 s/1970 s Social & Environmental Audit Social contribution & environmental compliance 1970 s Shari’ah Audit Every aspect of organization’s activities as required by Islamic religiious teaching 2000 s 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 28

ISSUES IN SHARIAH AUDITING REVIEW VS AUDIT SCOPE QUALIFICATIONS, EXPERIENCE AND COMPETENCY OF AUDITORS AUDIT STANDARDS ESTABLISHED CRITERIA AUDIT REPORTS 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 29

SHARIAH AUDITING DEFINITION According to GSIFI 2 of AAOIFI, Shari’a review is an examination of the extent of an IFI’s compliance, in all its activities, with the Shari’a. This examination includes contracts, agreements, policies, products, transactions, memorandum and articles of association, financial statements, reports (especially internal audit and central bank inspection), circulars, etc. The objective of a Shari’a review is to ensure that the activities carried out by an IFI do not contravene the Shari’a. While the SSB is responsible forming and expressing an opinion on the extent of an IFI’s compliance with the Shari’a, the responsibility for compliance therewith rests with the management of an IFI • The AAOIFI definition is broad “in all its activities” • It uses the word “review” instead of the word audit • Review =negative assurance, lower level of assurance than audit • Perhaps in the beginning this is better than a full scale audit, however, the scope in AAOIFI is quite broad 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 30

INDEPENDENCE AND QUALIFICATIONS OF SHARIAH AUDITORS (SSB) A unique corporate governance mechanism of Islamic financial Institutions is the shari’a supervisory board (SSB) which is theoretically an independent external body akin to external auditors. Consisting of at least 3 scholars in fiqh muamalat, who may be supported by experts in Islamic banking with knowledge of fiqh muamalat- problem may not have accounting or auditing expertise The board is supposed to direct, supervise and review the activities of the Islamic Financial Institution to ensure shari’a compliance in all its activitiesproblem. Self interest threat to independence. The SSB is known under various names § In Malaysia, Bank Negara calls it shari’a committee, although Bank Islam Malaysia Bhd. , uses the term Shariah Supervisory Council, § whereas Meezan Bank of Pakistan has both a Shari’a Advisor (who issued the Shari’a Report) and a SSB, § Shamil Bank of Bahrain uses Religious Supervisory Board, § and al Baraka Bank uses the term Shari’a Board. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 31

Confusion in SSB Nomenclature? Bank Islam Malaysia Bank Negara Malaysia Shariah supervisory Council Shari’a Committee Meezan Bank Pakistan Shari’a Advisor Al Baraka Bank Bahrain Shamil Bank Bahrain Shari’a Board Religious Supervisory Board 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 32

DUTIES OF THE SSB – A MALAYSIAN VIEW GPS 1 (Shariah Guideline 1 of the Central Bank of Malaysia gives what i believe is a more thought out role of the SSB then the AAOIFI standard i. e. vparticipate and actively engage in deliberating Shariah issues put before them. vadvise the BOD on Shariah matters in its business operation. v Endorse Shari’a Compliance Manuals which specify the manner in which a submission or request for advice is to be made to the SC, the conduct of SC meetings, and the manner of compliance with any shari’a decision. v endorse and validate relevant documentations such as contracts, agreemnts, product manual, marketing, advertisements, sales illustrations and brochures used to describe the product. for shari’a compliance. v. To assist related parties such as the IFI’s legal counsel, auditor, or consultant, on shari’a matters for advice upon request. v. To advise on matters which have not been endorsed or resolved to the Shariah Advisory Concil of BNM. v. To provide written shari’a opinions where the IFI requests advice and on applications for product approvales to the BNM and to assist the SAC on reference for advice e. g by explaining shari’a issues involved and references to jurisprudential literature. And established sources. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 33

THE MEANING OF “SHARIA’” IN SHARIA AUDITING Ø Shariah compliance according to AAOIFI means “compliance with Islamic Shari’a Rules and Principles as reflected in the fatwas, rulings and guidelines issued by them (hereinafter, the Shari’a) Ø This seems contradictory. Unless fatwas, rulings and guidelines covers all activities, then the “extent of shariah compliance in all its activities cannot be reviewed. ” Ø In practice, as our research confirms, the SSB is mainly issuing fatwa's related to financing products and not other activities, hence aaofi’s definition is a bit contradictory. Ø Auditing by persons based on criteria issued by the auditor themselves poses a “self review” threat to independence. Ø It does not bode well for the use of audit judgment making the review a mechanistic procedure. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 34

Shariah auditing standards In the conventional accounting world, the IAASB develops International standards on auditing and assurance services and these are pretty established and accepted globally In the case of shariah auditing, the Accounting and Auditing Association for Islamic Financial Institutions (AAOIFI ) has a set of standards both for conventional and shariah auditing of IFIs. The shariah auditing standards were reclassified as Governance standards. These are : § § Shari’a Supervisory Board: Appointment, Composition and Report Shari’a Review Internal Shari’a Review Audit and Governance Committee for Islamic Financial Institutions § Independence of Shari’a Supervisory Board (new) § Statement on Governance Principles for Islamic Financial Institutions (new) § Corporate Social Responsibility 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 35

AAOIFI’s Auditing, Governance and Ethics Standards Auditing Standards Objective and principles of auditing 1 Shari’a Supervisory Board: Appointment, Composition and Report The Auditor’s Report 2 3 Terms of Audit Engagement 3 4 Testing for Compliance with Shari’a Rules and Principles by an External Auditor 4 Shari’a Review Internal Shari’a Review Audit and Governance The Auditor’s Responsibility to Consider Fraud and Error in an Audit of Financial Statements Ethics standards: 5 1. Code of ethics for accountants 7 1 2 5 and auditors of IFIs. Governance Standards Committee for IFIs Independence of Shari’a Supervisory Board 6 Statement on Governance Principles for IFIs Corporate Social Responsibility 2. Code of ethics for employees of IFIs 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 36

DUTIES OF THE SSB – A MALAYSIAN VIEW GPS 1 (Shariah Guideline 1 of the Central Bank of Malaysia gives what i believe is a more thought out role of the SSB then the AAOIFI standard i. e. vparticipate and actively engage in deliberating Shariah issues put before them. vadvise the BOD on Shariah matters in its business operation. v Endorse Shari’a Compliance Manuals which specify the manner in which a submission or request for advice is to be made to the SC, the conduct of SC meetings, and the manner of compliance with any shari’a decision. v endorse and validate relevant documentations such as contracts, agreemnts, product manual, marketing, advertisements, sales illustrations and brochures used to describe the product. for shari’a compliance. v. To assist related parties such as the IFI’s legal counsel, auditor, or consultant, on shari’a matters for advice upon request. v. To advise on matters which have not been endorsed or resolved to the Shariah Advisory Concil of BNM. v. To provide written shari’a opinions where the IFI requests advice and on applications for product approvales to the BNM and to assist the SAC on reference for advice e. g by explaining shari’a issues involved and references to jurisprudential literature. And established sources. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 37

SHARIAH AUDIT PROCEDURES (3) Documenting Conclusions & Reporting to shareholders (1) Planning Review Procedures SHARI’A REVIEW CYCLE (2) Executing Review Procedures & preparing working papers 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 38

PLANNING REVIEW PROCEDURES The Shari’a review procedures shall be planned so that it is completed in an effective and efficient manner. The plan shall be adequately developed to include a complete understanding about the IFI’s operations in terms of products, size of operation, locations, branches, subsidiaries and divisions. The planning shall include obtaining a list of all fatwas, rulings and guidelines issued by the SSB. Understanding the activities, products and management’s awareness and attitude towards compliance with the Shari’a is essential. This will have a direct effect on the nature, extent and timing of the Shari’a review procedures. The plan shall be properly documented including the sample selection criteria and sizes, taking into consideration complexity, and frequency of transactions. The review procedures shall be designed based on the above input. The review procedures shall cover all activities, products and locations. These procedures shall ascertain whether the SSB approved transactions and products have been undertaken and all related conditions have been met. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 39

EXECUTING REVIEW PROCEDURES & PREPARING WORKING PAPERS At this stage all the planned review procedures are executed. The SSB review procedures shall normally include: § obtaining an understanding of the management’s awareness, commitment and compliance control procedures for adherence to the Shari’a; § reviewing of contracts, agreements, etc. ; § ascertaining whether transactions entered into during the year were for products authorised by the SSB; § reviewing other information and reports such as circulars, minutes, operating and financial reports, policies and procedures, etc. ; § consultation/co-ordination with advisors such as external auditors; and § discussing findings with an IFI’s management. The execution of the above review procedures shall be documented in work papers which shall be complete, neat and cross referenced to review procedures. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 40

SHARIAH AUDIT PROCEDURES (3) Documenting Conclusions & Reporting to shareholders (1) Planning Review Procedures SHARI’A REVIEW CYCLE (2) Executing Review Procedures & preparing working papers 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 41

PLANNING REVIEW PROCEDURES The Shari’a review procedures shall be planned so that it is completed in an effective and efficient manner. The plan shall be adequately developed to include a complete understanding about the IFI’s operations in terms of products, size of operation, locations, branches, subsidiaries and divisions. The planning shall include obtaining a list of all fatwas, rulings and guidelines issued by the SSB. Understanding the activities, products and management’s awareness and attitude towards compliance with the Shari’a is essential. This will have a direct effect on the nature, extent and timing of the Shari’a review procedures. The plan shall be properly documented including the sample selection criteria and sizes, taking into consideration complexity, and frequency of transactions. The review procedures shall be designed based on the above input. The review procedures shall cover all activities, products and locations. These procedures shall ascertain whether the SSB approved transactions and products have been undertaken and all related conditions have been met. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 42

EXECUTING REVIEW PROCEDURES & PREPARING WORKING PAPERS At this stage all the planned review procedures are executed. The SSB review procedures shall normally include: § obtaining an understanding of the management’s awareness, commitment and compliance control procedures for adherence to the Shari’a; § reviewing of contracts, agreements, etc. ; § ascertaining whether transactions entered into during the year were for products authorised by the SSB; § reviewing other information and reports such as circulars, minutes, operating and financial reports, policies and procedures, etc. ; § consultation/co-ordination with advisors such as external auditors; and § discussing findings with an IFI’s management. The execution of the above review procedures shall be documented in work papers which shall be complete, neat and cross referenced to review procedures. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 43

DOCUMENTING CONCLUSIONS & REPORTING TO SHAREHOLDERS The SSB shall document their conclusions and prepare their report to the shareholders based on the work done and discussions held. The SSB report shall be read at the annual general meeting of the IFI. A detailed report, when warranted, shall also be issued to an IFI’s management. Quality assurance § The SSB shall implement adequate quality control policies and procedures to ensure that the review is conducted in accordance with this standard. § Quality control procedures may include review of all work papers to ensure that review procedures were properly understood and executed. Additional discussions may be held with the IFI’s management, if required, to ensure that all significant matters were covered during the review. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 44

INTERNAL SHARIAH REVIEW In addition to the shari’a review, the IFI is also required to conduct an internal shari’a review by a special shari’a compliance unit or department or a branch of the internal audit department depending on the size of the bank. This is just like the internal audit and external audit which complement each other. It is plainly impossible for the SSB to carry out a vouching audit to verify the shari’ah compliance of an IFI. Therefore, it has to rely on its internal control systems, part of which is the internal shari’a review. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 45

SHARIAH AUDIT REPORTS Title Of Report Signatures of the members of the SSB Date Of Report Addressee Elements of An SSB Report Opinion paragraph on the compliance of the IFI with Shari’a Opening or Introductory Paragraph Scope paragraph indicating nature of work performed 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 46

AAOIFI’S SHARIAH AUDIT REPORT In the name of Allah, The Beneficent, The Merciful To the Shareholders of The Example Islamic Financial Institution Assalam Alaikum Wa Rahmat Allah Wa Barakatuh In compliance with the letter of appointment, we are required to submit the following report: We have reviewed the principles and the contracts relating to the transactions and applications introduced by the Example Islamic Financial Institution during the period ended. We have also conducted our review to form an opinion as to whether the Example Islamic Financial Institution has complied with Shari’a Rules and Principles and also with the specific fatwas, rulings and guidelines issued by us. The Example Islamic Financial Institution’s management is responsible for ensuring that the financial institution conducts its business in accordance with Islamic Shari’a Rules and Principles. It is our responsibility to form an independent opinion, based on our review of the operations of the Example Islamic Financial Institution, and to report to you. We conducted our review which included examining, on a test basis of each type of transaction, the relevant documentation and procedures adopted by the Example Islamic Financial Institution We planned and performed our review so as to obtain all the information and explanations which we considered necessary in order to provide us with sufficient evidence to give reasonable assurance that the Example Islamic Financial Institution has not violated Islamic Shari’a Rules and Principles. In our opinion: a) the contracts, transactions and dealings entered into by the Example Islamic Financial Institution during the year ended . . . that we have reviewed are in compliance with the Islamic Shari’a Rules and Principles; b) the allocation of profit and charging of losses relating to investment accounts conform to the basis that had been approved by us in accordance with Islamic Shari’a Rules and Principles; (where appropriate, the opinion paragraph shall also include the following matters: ) c) all earnings that have been realized from sources or by means prohibited by Islamic Shari’a Rules and Principles have been disposed of to charitable causes; and d) the calculation of Zakah is in compliance with Islamic Shari’a Rules and Principles. We beg Allah the Almighty to grant us all the success and straight-forwardness. Wassalam Alaikum Wa Rahmat Allah Wa Barakatuh (Names and signature of the members of the Shari’a supervisory board) Place and Date 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 47

EXTREMES IN PRACTICE - TOO BRIEF (THE MALAYSIAN CASE) 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 48

EXTREMES IN PRACTICE – THE GOLD STANDARD – MEEZAN BANK OF PAKISTAN 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 49

EXTREMES IN PRACTICE – THE GOLD STANDARD – MEEZAN BANK OF PAKISTAN 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 50

WHO SHOULD CONDUCT SHARI’AH AUDIT? New Professionals called Shari’ah auditors? ? Islamic Jurists (Ulama)? External Financial auditors? ? Shari’ah Supervisory Board? ? Internal auditors under supervision of SSB? ? 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 51

QUALIFICATION & COMPETENCE REQUIREMENTS Degree/Professional qualification in accounting and specialized certification in Shari’ah audit? ? ? Degree/Professional qualification in accounting & Fiqh (Islamic Law)? ? Trax Associates, Sept 2003 Degree/Professional qualification in accounting? ? 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 52

Scope of Shari’ah Audit Human resource Management? ? Business Policies? ? Processes & Procedures? ? Scope of Shari’ah Audit Marketing & advertising? ? Zakat calculation & payment? ? Contracts & agreements? ? Social contribution? ? Environmental impact of operation? ? 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 53

TO WHAT EXTENT & WHEN SHOULD SHARI’AH AUDIT BE PERFORMED? To what extent? When? Every single activity? Throughout financial year? To the extent deemed satisfactory by the auditors? During new product application? Using sampling method? At the end of financial year? 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 54

THE MALAYSIAN PRACTICE The following is the result of interviews conducted by my student Sister Nawal Kassim who is undertaking a Ph. D in Accounting under my supervision. § 22 respondents comprising external auditors, Sharia supervisory board members and staff of shariah compliance units/internal auditors of 9 IFIs and 6 Islamic branches of conventional banks in Malaysia. v. Interviews covered: vdefinition and responsibility, v organization of the shariah compliance function v. Reporting structures of shariah compliance units v scope of audit, vaudit procedures, v independence, qualifications and authority of SSBs. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 55

MALAYSIAN PRACTICE- DEFINITION Preference for shariah review as opposed to audit (in line with aaoifi definition. ) One respondent (head of Islamic bank audit dept of local Islamic branch) consider no need for separate audit unit as “procedures and processess are the same as conventional auditing” – minority view Another respondent (shariah compliance unit) said that the responsibility for the shariah audit is the responsibility of the Shariah supervsory board or in Malaysia known as the Shariah Committee Another respondent (external auditor) is of the view that shariah compliance audit is an internal matter nothing to do with external auditor because: § Not required by law § Lack of expertise § Will increase audit cost 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 56

PRACTICE- ORGANIZATION OF THE SHARIAH COMPLIANCE FUNCTION Many different structures as illustrated below: Foreign IFIs Internal Audit Shariah Compliance SSB Shariah Dept Risk management Division Shariah Compliance Dept Shariah Division Shariah Compliance Unit Risk Management Dept Internal Auditing and Shariah Compliance Dept Shariah department 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 57

REPORTING STRUCTURES OF SHARIAH COMPLIANCE UNITS The shariah departments or units reports to various persons in different IFIs. This includes § Reporting to CEO/MD (3/22 ) § Reporting to SSB (10/22) § Reporting to Risk manager (4/22) § Product development manager (3/22) Problems of independence can be seen. Perhaps should report to audit committee of the BOD All products/findings are endorsed by SSB No direct contact with Scompliance personnel but through shariah division head or shariah co-ordinator who attends the SSB meetings. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 58

MALAYSIAN PRACTICE- AUDIT SCOPE Most IFIs audit compliance of products only. § Cost consideration of extending scope § Newcomers and therefore need to compete by developing new products § (discuss Implication on audit report on activities and operations) § Education of staff needed before scope expansion § Perceived to be difficult Other scope under research stage Extension of scope in agenda Discussion on going on staff compliance with sharia dress codes and marketing of products Not in favour of social and environmental or performance audit as considered not within scope and lack of public awareness § Fear workload increase without adequate resources § Capitalist mentality- shariah audit is a business unit to make profits. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 59

MALAYSIAN PRACTICE- AUDIT PROCEDURES Begins at proposal stage Use of checklist with non-compliance parameters development by shariah division and endorsed by SSB Key Risk indicators Use shariah policy, guidelines, circulars and fatwas. Non compliance reported to SSB on a monthly basis 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 60

EX POST AUDIT Documents reviewed include § Concept papers, structure and terms sheet § Documentation examined include agreements, letters of offer, policies and procedures, corporate advertisements/brochures and pamphlets The above documents are compared with § Fatwas § Central bank regulations § Company’s shariah compliance audit manual Non compliance are noted as comments and queries and post audit monitoring is carried out. Observation: lack of audit judgment, very mechanical process is evidence. 15 TH IRTI DL PROGRAM IN ISLAMIC FINANCE 61