This article examines the occurrence and legal implications of ‘ fatwā shopping’ in the Islamic finance industry and the need to put the proper legal mechanisms in place to regulate the phenomenon. It provides a case study of the existing legal restrictions in some jurisdictions with a centralised Sharīʿah Supervisory Board at the national level such as in Malaysia. As a preliminary review of the implications of ‘ fatwā shopping’ in the industry, this study examines the consequential problems, current perceptions and prospects of such practice. The study finds that instances of ‘ fatwā shopping’ are common in cross-border Islamic finance transactions such as cross-border ṣukūk transactions where there is less regulation.
Arab Law Quarterly – Brill
Published: Feb 24, 2016
Keywords: fatwā ; fatwā shopping; Islamic finance; Sharīʿah Supervisory Boards; Sharīʿah compliance
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