Syarah Syahira Mohd Yusoff and Umar A. Oseni
This paper aims to provide an analytical literature survey of selective studies on legal documentation in Islamic home financing with particular reference to Malaysia.
Abstract
Purpose
This paper aims to provide an analytical literature survey of selective studies on legal documentation in Islamic home financing with particular reference to Malaysia.
Design/methodology/approach
This study adopts the legal positivist methodology, with particular reference to inclusive legal positivism which takes into consideration the possibility of moral values challenging positive law. Within the context of this study, though positive law provides for rules that govern contractual matters in Islamic home financing, standardisation is a functionality of maslahah (or public interest) which transcends the mandatory provisions of positive law but helps to protect the interest of all stakeholders. This is analysed through a systematic literature review which aims to provide practical insights into industry practices relating to Islamic home financing in Malaysia.
Findings
This paper provides information on the standard documentation used by conventional banks and existing practices of diverse models of legal documentation in the home financing sector within the Islamic financial services industry in Malaysia. It also recognises the need for standard documentation that is not only Sharīʿah-compliant but also consumer-friendly, as the terms of any standard financing agreement ought to ensure consumer protection. There is also the need for a Shari’ah-compliant Sales and Purchase Agreement, as it forms part of the complete set of legal documentation for Islamic home financing.
Research limitations/implications
It is not an exhaustive study, as it did not consider practices in other jurisdictions offering Islamic financial services and products but only focusses on Malaysia. Though one may not generalise the findings of this study, Malaysia remains a leading model and a global hub for Islamic financial services and products.
Practical implications
A very useful source of information on the current state of legal documentation in Islamic home financing in Malaysia and the prevailing practices in the industry, which may serve as a guide for policymakers such as the Association of Islamic Banks in Malaysia (AIBIM) to embark on a full scale project of standardisation of all the legal documentation used in Islamic home financing.
Originality/value
This study fulfils an identified need of standardisation of legal documentation used in Islamic home financing in Malaysia and offers practical help to policymakers and future researchers starting out on systemic reforms.
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Umar A. Oseni, Mohd Fairullazi Ayob and Khairuddin Abdul Rashid
This chapter provides a case study on a Sharīʿah-compliant home facility contract based on the Bai Bithaman Ājil (BBA) contract, generally used by Islamic banks in Malaysia. The…
Abstract
This chapter provides a case study on a Sharīʿah-compliant home facility contract based on the Bai Bithaman Ājil (BBA) contract, generally used by Islamic banks in Malaysia. The study emphasises on the need to comply with the existing legal framework and execute relevant contracts in line with the Sharīʿah resolutions of the Sharīʿah Advisory Council of Bank Negara Malaysia without causing harm (ḍarar) to the customers or introducing uncertain elements or procedures (gharar) in the execution of the agreements. This chapter is based on doctrinal analysis of the relevant issues as well as a qualitative legal research through content analysis of relevant BBA agreements, case law as well as statutory provisions. The case study used in this chapter is completely anonymised. The study finds that the execution of BBA agreements in Malaysia leaves much to be desired. Even though the regulatory framework for Sharīʿah-compliant home financing in Malaysia is robust, there are some legal and Sharīʿah considerations which the stakeholders need to look into in order to project Malaysia as the main global hub of Islamic finance. This study demonstrates the need for proper Sharīʿah auditing of the practical execution of BBA agreements to avoid an incorporated element of gharar at the time of execution of the agreements, which might ultimately lead to unforeseen reputation risks for the bank. Though there are several studies on the Sharīʿah, financing and accounting aspects of the BBA home facility agreement, this study focusses on both Sharīʿah and legal issues, using the case study approach. The recommendations are expected to provide a good policy framework for the stakeholders in the Islamic financial services industry in Malaysia.
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Shinaj Valangattil Shamsudheen and Saiful Azhar Rosly
This paper aims to examine the influence of ethical judgement on decision-making behaviour related to ethical issues of Islamic banking practitioners in the United Arab Emirates…
Abstract
Purpose
This paper aims to examine the influence of ethical judgement on decision-making behaviour related to ethical issues of Islamic banking practitioners in the United Arab Emirates (UAE).
Design/methodology/approach
The study adopted a confirmatory approach in which validated/established “normative ethical standards” are taken into the consideration as theoretical underpinning. In total, 262 samples are collected from Islamic banking practitioners in the UAE and data analysis is conducted using structural equation modelling.
Findings
The empirical findings indicate that the decision-making behaviour related to ethical issues of Islamic banking practitioners in UAE does not adhere to any set of normative ethical standards and respondents are pragmatic in nature when it comes to the decision-making behaviour related to ethical matters.
Practical implications
The study elucidates to what extent Islamic banking practitioners have encountered themselves with situations that demand the proper attention to the ethical aspects, which affecting decision-making behaviour related to ethical issues. According to the findings, those situations considerably demand the attention of ethical judgement in the decision-making behaviour of Islamic banking practitioners. Hence, it is recommended for Islamic banks in UAE to contain or intensify the training on the importance of ethics, Islamic thought and worldview to enhance corporate decision-making and banking profitability within the purview of Islamic principles.
Originality/value
While ample emphasis has been given to the juristic (fiqh) aspects of Sharīʿah-compliant in Islamic banking and finance, relatively little has been attempted to explore its ethical dimensions (akhlaq) in the compliance parameters. Further, Sharīʿah-compliant has been product-centric rather than people-centric. While there is numerous literature documented that links ethics and Islamic banking and finance, ethical framework and practice in Islamic finance institutions, studies focusing on the “people” and their “ethical decision-making behaviour” in Islamic financial institutions found missing in the literature. These gaps serve as justification for undertaking this research.
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Dayang Hafiza Abang Ahmad, Corina Joseph and Roshima Said
This chapter examines the determinants of accountability practices disclosure on the websites of Malaysian local authorities, from the institutional isomorphism perspective.
Abstract
Purpose
This chapter examines the determinants of accountability practices disclosure on the websites of Malaysian local authorities, from the institutional isomorphism perspective.
Design/methodology
A content analysis was employed to examine the websites of all local authorities in Malaysia. A modified accountability disclosure index was used to examine the extent of accountability practices disclosure on websites. Multiple regression analysis was conducted to examine the significant impact of institutional factors on the accountability practices disclosure.
Findings
The results suggest that, on average, Malaysian local authorities have disclosed 42 items (or 42%) of the accountability practices disclosure on the websites. The implementation of innovation activities, political competition and press visibility has statistically influenced the extent of accountability practices disclosure of Malaysian local authorities on the websites on the premise of coercive isomorphism.
Research limitations/implications
This chapter highlights the institutional factors that influence the extent of online accountability practices disclosure of local authorities in developing countries. The findings therefore enable local authorities to explore the best possible approaches to effectively discharge accountability and to promote greater transparency through the dissemination of information on the website.
Originality/value
This chapter contributes to the public sector accounting literature by introducing new institutional factors that influence the disclosure practice of local authorities in Malaysia i.e. the establishment of the Integrity Unit and implementation of innovation activities under the public sector reform agenda.
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Ranto Partomuan Sihombing, Noorlailie Soewarno and Dian Agustia
Government institutions in Indonesia have implemented an integrity system as a strategy to prevent fraud and corruption by integrating the risk management and organizational…
Abstract
Purpose
Government institutions in Indonesia have implemented an integrity system as a strategy to prevent fraud and corruption by integrating the risk management and organizational ethics. This integration is important to increase the awareness of fraud in the organization. Based on self-determination theory, this study examines the mediating effect of fraud awareness on risk management and integrity systems.
Design/methodology/approach
The study was carried out by using a quantitative approach. The participants of the survey were auditors of the inspectorate of Ministries and Government Agencies in Indonesia. The number of respondents was 103 auditors. The hypothesis testing method used the partial least squares structural equation modeling (PLS-SEM) approach. The data were processed by using WarpPls 7.0 software.
Findings
There are two main results in this study. First, risk management directly affect the integrity of the system. Second, fraud awareness mediates the relationship between risk management and integrity systems.
Practical implications
The result of this study implicates the policymakers in Ministries and Government Agencies in Indonesia to increase organizational fraud awareness through the involvement of internal audits with risk management. The fraud awareness will greatly improve the performance of the integrity system.
Originality/value
This is the first study examined fraud awareness of integrity systems and risk management. This study can enrich the literature on internal audits, especially the duties of auditors with risk management.
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Ifrah Harun, Rosli Mahmood and Hishamuddin Md. Som
This study aims to investigate the role of work–family conflict (WFC) and work engagement (WE) and its influence on role stressors and turnover intention among medical doctors in…
Abstract
Purpose
This study aims to investigate the role of work–family conflict (WFC) and work engagement (WE) and its influence on role stressors and turnover intention among medical doctors in Malaysian public hospitals. Doctors who experience higher work stress will inevitably experience WFC, consequently triggering their intention to quit.
Design/methodology/approach
A total of 202 structured questionnaire responses were collected from medical doctors in four Malaysian public hospitals. The study used partial least squares structural equation modeling (SmartPLS 3.0) for hypotheses testing.
Findings
As hypothesized, WFC encourages turnover intention while WE mitigate the relationship between role ambiguity (RA)-TI. RA is also observed to reduce WE, which, in turn, increases the intention to quit. Findings showed that both role conflict and WFC share a positive relationship with TI while WE and TI are negatively related. Furthermore, it was found that WE and WFC are significant mediators in the RA and TI relationship. WFC is also reported to be a significant mediator between the RC and TI relationship.
Research limitations/implications
The causality effects remain limited due to the nature of the cross-sectional design. Future studies should use a longitudinal approach to gauge a better understanding of these relationships.
Practical implications
This study provides insights for policymakers in resolving the increase of turnover issues by providing support and relieving medical doctors’ stress levels. Health directors should be encouraged to focus on the key aspects that may directly affect the well-being of medical doctors and eventually reduced staff turnover.
Originality/value
The study contributes to existing knowledge by measuring variables such as job demand (RS and WFC), personal resources (WE) and job outcomes (TI) in the public health care sector. Additionally, research involving COR theory in Asian countries like Malaysia remains relatively underexplored.
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The purpose of this paper is to explain three additional parameters, namely maqasid al‐Shariah, financial reporting, and legal documentation of contract for determining Shariah…
Abstract
Purpose
The purpose of this paper is to explain three additional parameters, namely maqasid al‐Shariah, financial reporting, and legal documentation of contract for determining Shariah legitimacy of financial instruments in Islamic financial institutions. Currently, contract ('aqd) is the only parameter recognized by Shariah scholars at the supervisory level.
Design/methodology/approach
This analysis begins with examining the pitfalls of the contract approach and proceeds to present the maqasid, financial reporting and legal documentation approaches in ascertaining absolute Shariah compliant of financial products.
Findings
The paper argues that the four approaches must be applied in package in determining Shariah compliant status to avoid costly errors that might lead to litigations and loss of competitiveness in the Islamic financing business.
Originality/value
The paper provides new insights and integrated analysis of Shariah auditing where knowledge clusters concerning the Shariah, economics, finance and accountancy, and law are algamated to ascertain wholesome Shariah viewpoint.
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Shinaj Valangattil Shamsudheen and Saiful Azhar Rosly
The purpose of this paper is to use Ferrell and Gresham (1985) contingency model to examine the impact of situational factors on decision-making behaviour related to ethical…
Abstract
Purpose
The purpose of this paper is to use Ferrell and Gresham (1985) contingency model to examine the impact of situational factors on decision-making behaviour related to ethical issues of Islamic banking practitioners.
Design/methodology/approach
A total of 262 samples are collected from Islamic banking practitioners in the United Arab Emirates (UAE) and data analysis is conducted using structural equation modelling (SEM) with a confirmatory approach.
Findings
The empirical findings indicate that decision-making behaviour related to ethical issues of Islamic banking practitioners is significantly influenced in the process of interacting with persons who are part of the organisation, and these influences are determined by the intra-organisational distance and legitimate authority between the individuals and the focal person. Further, it is also empirically verified that decision-making behaviour related to ethical issues of Islamic banking practitioners is significantly influenced by the presence and/or absence of the opportunity factors such as corporate policies, professional codes of ethics and rewards/punishment system that prevails in the organisation.
Research limitations/implications
Coverage of respondents in this study limited to single country, and the scope is limited to the model that adopted in the study.
Practical implications
It is recommended that respective authorities should have proper control over situational factors (i.e. significant others and opportunity factors) in organisations by encouraging ethical actions so that individuals are learned and influenced by each other and reviewing and improving existing corporate policies, professional codes of ethics and rewards/punishment system that limit the barrier and provide recompenses to the individuals in the organisation.
Originality/value
While the literature has presented the connection between ethics and Islamic banking, they failed to address ethical decision-making in Islamic financial institutions (IFIs). Hence, the empirical findings provide insights towards understanding organisational decision-making behaviour that to enhance governance.
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This study aims to define the parameters of the reward-risk principle in Islamic finance as established in the literature and discuss propositions that are presented on how such a…
Abstract
Purpose
This study aims to define the parameters of the reward-risk principle in Islamic finance as established in the literature and discuss propositions that are presented on how such a principle is to be applied to Islamic banking products.
Design/methodology/approach
A descriptive approach is used to explore the normative parameters and criticisms of the application of reward-risk in Islamic finance.
Findings
The study finds that the principle of reward-risk is embodied in the multi-component concept of ʿiwaḍ (counter value) which must be evident in market transactions that involve commercial exchanges. The components include risk, costs, effort, value-adding and capital, all of which apply uniquely to different contractual forms of financing.
Research limitations/implications
The study uses academic literature and industry documents along with modest contact with prominent practitioners who provided general feedback on prevalent Islamic finance industry practices.
Practical implications
This study exposits the variety of approaches in applying the reward-risk principle and sheds light on the primary elements of the principle which will facilitate its greater consideration by the Islamic finance industry.
Originality/value
This study is a meaningful attempt at conveniently summing up and applying the parameters that are considered when discussing the scope of the reward-risk principle in Islamic finance.
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Shinaj Valangattil Shamsudheen and Saiful Azhar Rosly
This paper aims to develop and validate scale for ethical decision-making model in marketing that confirms religious–humanistic approach with special reference to ethical…
Abstract
Purpose
This paper aims to develop and validate scale for ethical decision-making model in marketing that confirms religious–humanistic approach with special reference to ethical philosophy in Islam. Synthesized model of Ferrell and Gresham contingency framework for ethical decision-making in marketing and Al-Ghazali’s ethical philosophy are considered as theoretical background of this study.
Design/methodology/approach
“Content validity test” and “factor analysis” are used to refine measurement items and define as well as validate the scale, respectively. A total of 362 samples were collected from Islamic banking practitioners in the United Arab Emirates.
Findings
Item scale of the constructs comprised in the conceptual model defined and validated by using content validity test (CVT). Underlying theoretical dimensions of the constructs were extracted through exploratory factor analysis (EFA), and evidence of validation of scale/construct reported through CFA.
Research limitations/implications
The scope of this paper is limited to development and validation of scale. Future studies are suggested to use the newly validated scale/construct in descriptive model, and examine the hypotheses prescribed in the model. Further, explanations on theoretical background of this paper is limited as the main objective of this paper is to statistically validate the conceptual model adopted.
Practical implications
Proper application of validated scale of ethical decision-making model in marketing should enable concerned authorities of marketing department to gauge and understand the ethical aspects of individuals in the organizations. Apparently, apprehension of ethical perception of workforces in organizations should benefit in enhancing competence and minimize the costs from unethical behaviour, and, thus, better governance in whole level of management.
Originality/value
To the best of the authors’ knowledge, this is an initial attempt to develop and validate the scale of ethical decision-making model in marketing that accommodates both religious and humanistic aspects into a single model to examine the decision-making behaviour related to ethical issues of individuals in organizations.