Dear member of the list,
 
Assalamualikum.
 
You may know that there is a move to make Shariah Council for the islami Banks 
optional, not mandatory and there are some newspapers writing against Sharaiah 
Council. Today (14 march 2006) there is a news published in The New Nation 
regarding this issue including the opinion of Shah Abdul Hannan, former finance 
secretary and former chariman of Islami Bank Bangladesh Ltd. I am forwarding 
the portion of that report which contains his opinion about the matter.
 
SHAKIL ABDULLAH  



Move to change structure of Islami banks opposed

 

 

 

 A  move initiated to make for making Shariah Councils for Islamic Banks 
optional ,not mandatory, has been opposedby a majority of  members of the focus 
group on Islami Banks.Experts in Banking and Finance find the move unnecessary 
because the Islami Banks have been faring better than other Private Commercial 
Banks(PCBs)Success of Islami Banks has prompted somePCBs to openIslamibanking 
branches in Dhaka and some other parts of the country,they pointed out.

 

When contacted former finance secretaryShah Abdul Hannantold this correspondent 
that there was some misleading news in some news papers about the Central 
Shariah Board(CSB) and Shariah Councils of Islami Banks in Bangladesh. 

 

The CSB was established on August 16, 2001 in a meeting of all the chairmen and 
managing directors of Islami banks. Each bank was represented by four members. 
The meeting was chaired by Shah Abdul Hannan. Khatib of Baitul Mukarram mosque 
and chairman of shariah council of several banks Obaidul Huq was made chairman 
of Central Shariah Board.

 

He also said the formation of the CSB started following a meeting of the 
managing directors of the Islami banks and Bangladesh Bank authority. The 
decision of the meeting drew the attention of all the Islami banks and asked 
them to form Joint Shariah Board. The matter was considered by each Islami 
banks and they proposed to the Islami Bank Consultative Forum (IBCF) to form 
the Central Shariah Board.

 

Shah Abdul Hannan also said there might be conflict of opinions among the 
scholars of Shariah Council of various Islami banks regarding the 
permissibility or non-permissibility of some modes of investment. If opinion of 
various Islami Banks differ on permissibility, the people may get confused. So 
the need was felt of a higher collective body of scholars where the difference 
can be resolved or where banks can refer their problems on islamic issues. And 
this was the reason why the central bank and individual banks at that time felt 
the need for the Central Shariah Board.

 

He further said all the Islami banks are now members of the CSB and Bangladesh 
Bank refers issues to the CSB for advice. He claimed that CSB never violate any 
law, operating within the legal system and it only advices the member banks and 
the central bank on their request and references, he added. 

 

He said CSB was not a regulatory body; it neither issues any regulation on 
banking nor violates any Bangladesh Bank regulation. The CSB only research on 
Islami banking, publishes a journal and advice the banks on Shariah issues. So 
any understanding to the contrary of operation of the CSB is misconceived and 
due to ignorance of history of the formation of it. 

 

He also said the central bank issued the license or charter to Islami banks 
with the condition that there shall be a Shariah Council. According to the 
order all the Islami banks have Shariah Council in line with the islami banks 
of the world 

 

He said it is working fine and there is no need to change a good thing. 

He argued the government and the central bank authority not to compound 
problems, which might threaten Shariah Board for the betterment of the Islami 
banking in Bangladesh.   






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{Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom 
(i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue 
with them in a way that is better. Truly, your Lord knows best who has gone 
astray from His Path, and He is the Best Aware of those who are guided.} 
(Holy Quran-16:125)

{And who is better in speech than he who [says: "My Lord is Allah (believes in 
His Oneness)," and then stands straight (acts upon His Order), and] invites 
(men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I 
am one of the Muslims."} (Holy Quran-41:33)
 
The prophet (peace and blessings of Allah be upon him) said: "By Allah, if 
Allah guides one person by you, it is better for you than the best types of 
camels." [al-Bukhaaree, Muslim] 

The prophet (peace and blessings of Allah be upon him)  also said, "Whoever 
calls to guidance will have a reward similar to the reward of the one who 
follows him, without the reward of either of them being lessened at all." 
[Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah] 
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