As #Sukuk Disputes Simmer, Islamic Scholars Ponder Legal Risks

Senior scholars in Islamic finance are exploring ways to prevent legal disputes with new rules aiming to clarify responsibilities. The discussions are part of the annual sharia conference of the Bahrain-based Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). AAOIFI has developed a comprehensive sharia standard for sukuk that is being finalised, with work underway on three accounting standards and a governance standard. According to Said Bouheraoua, director of the Malaysia-based International Sharia Research Academy for Islamic finance, Dana Gas and other cases highlight the potential need to legislate work of scholars and penalties for breaches. At present, only the central bank of Malaysia has stipulated such fines, although this requires proving breaches occurred in 'bad faith' making penalties difficult to apply.