Financial Crime World

Strengthening Shariah Governance: New Regulations for Malawi’s Islamic Finance Industry

Reserve Bank of Malawi Introduces New Rules for Shariah Boards and Non-Interest Banking Products

Blantyre, Malawi - The Reserve Bank of Malawi has taken a significant step to enhance the integrity of Islamic finance in the country by introducing new regulations governing Shariah boards and non-interest banking products.

Independent Shariah Board Members: A Key Requirement

The new rules emphasize that members of Shariah boards or advisors must not be salaried or employed by banks. This ensures that they remain independent and impartial in their decision-making processes, thereby maintaining the integrity of the Shariah governance framework.

Key Responsibilities of Shariah Boards

Shariah boards or advisors are responsible for:

  • Reviewing and approving non-interest banking products
  • Certifying that these products are Shariah-compliant
  • Overseeing the development of innovative Shariah-compliant products

Transparency and Market Discipline: Essential Components

The new regulations also highlight the importance of transparency and market discipline. Banks engaged in non-interest banking must:

  • Establish an effective disclosure regime on all their non-interest banking products
  • Offer these products to all customers

Compliance with Anti-Money Laundering Requirements and Risk Management Systems

In addition, banks are required to comply with anti-money laundering requirements and implement robust risk management systems to ensure the stability of the Islamic finance industry.

Permissible Non-Interest Banking Products: Guidelines Issued

The Reserve Bank of Malawi has issued guidelines on permissible non-interest banking products, including:

  • Murabaha
  • Mudaraba
  • Musaharaka
  • Diminishing Musharaka
  • Ijarah
  • Istisna

These products will be mapped to conventional products for regulatory treatment purposes and treated as deposits, residential mortgages, commercial real estate loans, leases, or normal lending, depending on their characteristics.

Promoting a Robust and Sustainable Islamic Finance Industry

The new regulations aim to promote a robust and sustainable Islamic finance industry in Malawi, which is seen as an important contributor to the country’s economic growth and development.