The Legal System For The Supervision Of Libyan Islamic Commercial Banks

Authors

  • Adem Mohamed Cafcouf Postgraduate Student
  • Mohd Zaidi Daud Senior Lecturer
  • Mohd Hafiz Jamaludin Senior Lecturer

Keywords:

Legal, Libyan, Islamic, Commercial, Banks

Abstract

The study aims to identify the legal system for the supervision of Islamic commercial banks. The problem of the study is the lack of clarity in the legal system for the control of Islamic commercial banks, and there are many bodies that exercise control over Islamic commercial banks. The study highlights the importance of shedding light on the legal system for the supervision of Islamic commercial banks. The study followed the descriptive analytical approach to describe and analyze the legal system for the control of Islamic commercial banks. The study results show that the law in force in regulating the work and practice of the Islamic banking sector also regulates the traditional banking sector, and the legislator should have introduced a special law for the work of Islamic banks, due to the specificity of their nature and Islamic economic activity, especially after the abolition of dealing with traditional banking activity inside Libya by Law No. (1) of the year 2013 AD. The result also shows the legislative authority in Libya has granted the Audit Bureau to carry out its duties in supervising, following up and evaluating the financial performance of Islamic commercial banks in accordance with the laws regulating it. Dozens of years ago with different names and minor modifications to them, and it was not enough to this extent, as the legislative authority established another body to monitor the oversight of institutions and agencies in the state and named it the Anti-Corruption Authority.

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Author Biographies

Adem Mohamed Cafcouf , Postgraduate Student

Department of Syariah and Law, Academy of Islamic Studies, University of Malaya.

Mohd Zaidi Daud, Senior Lecturer

Department of Syariah and Law, Academy of Islamic Studies, University of Malaya

Mohd Hafiz Jamaludin, Senior Lecturer

Department of Syariah and Law, Academy of Islamic Studies, University of Malaya.

References

Book

Abdul Razzaq Jaber. 2004. Financial Control and Financial Controller in Theory. Beirut, Lebanon: Dar al-Nahda al-Arabiya, 1st Ed.

Mirjam Künkler. Lawyers in the Muslim World: Between Social Transformation, Judicial Control, and Feminisation. In: Rick Abel, Ole Hammerslev, Hillary Sommerlad, Ulrike Schultz (eds.) Lawyers in 21st-Century Societies: Comparisons and Theories. Oxford: Hart.

Gamal El-Din Awad. 1993. Banks’ Operations from the Legal Interface, A Study of the Egyptian and Comparative Judiciary and the Legislation of Arab Countries.

Garrido, J., Liu, Y., Sommer, J., & Viancha, J. S. 2022. Keeping Pace with Change: Fintech and the Evolution of Commercial Law. FinTech Notes, (001).

Mejia, A. L., Aljabrin, S., Awad, R., Norat, M. M., & Song, M. I. 2014. Regulation and supervision of Islamic banks. International Monetary Fund

Journal

Abdalla, M. A., Aziz, M. R., & Johari, F. 2015. Analyzing the Impact of Banking laws and Legislations on the Converting of Conventional Banks into Islamic in Libya. International journal of management and applied research, 2(4), 156-171.

Abdullah Yassin. 2014. Shari’a Supervision of Islamic Banks. Journal of Law and Human Sciences, Zayan Ashour University in Djelfa, No. 19.

Abudirbala, A. M., & Mukhtar, M. M. 2019. Shifting from Conventional to Islamic Banking: Challenges and Barriers (a case study on Libya). Journal of Pure & Applied Sciences, 18(2).

Al-Beshtawi, S. H., Zraqat, O. M., & Moh'd Al-hiyasat, H. 2014. The Impact of Corporate Governance on Non-Financial Performance in Jordanian Commercial Banks and Islamic Banks. International Journal of Financial Research, 5(3), 54.

Alfadli, A., & Djalila, S. 2022. Factors Affecting Commercial Banks’ Capital Adequacy Ratios in Gulf Cooperation Council (GCC) Countries. Sch J Econ Bus Manag, 2: 37-42.

Archer, S., & Karim, R. A. A. 2012. The structure, regulation and supervision of Islamic banks. Journal of Banking Regulation, 13(3), 228-240.

Čihák, M., & Hesse, H. 2010. Islamic banks and financial stability: An empirical analysis. Journal of Financial Services Research, 38(2), 95-113.

El-Brassi, M. A. A., Bello, N., & Alhabshi, S. M. 2018. Conversion of conventional banks to islamic banks in Libya: issues and challenges. International Journal of Accounting, 3(15), 25-39.

Grassa, R. 2015. Shariah supervisory systems in Islamic finance institutions across the OIC member countries: An investigation of regulatory frameworks. Journal of Financial Regulation and Compliance.

Habib Khalifa Jabouda. 2017. Law No. (46) for the year 2012 AD regarding Islamic banking “politics and mechanisms”. Journal of Law, University of Tripoli, Libya, the 6th issue of the 2nd honorary conference.

Lawhaishy, Z. B. 2018. English Legal and Regulatory Framework of Islamic Banking in Libya. Al Mashalih-Journal Of Islamic Law, 1(2), 46-46.

Nasri Abu Munis. 2016. Reputational Risks and Compliance with Islamic Law, Case Study on Reserves in Central Banks and How to Form Sharia Supervisory Boards. Journal of Sharia Studies and Law, University of Jordan, Vol. 43, No.1.

Pratten, J. D., & Mashat, A. A. 2009. Corporate social disclosure in Libya. Social Responsibility Journal.

Rammal, H. G. 2006. The importance of Shari’ah supervision in Islamic financial institutions. Corporate Ownership and Control, 3(3), 204-208.

Shafii, Z., Shahimi, S., & Saaid, A. 2016. Obstacles and motivation behind conversion of conventional banks to Islamic banks: An overview. International Review of Management and Business Research, 5(3), 1021-1038.

Waseem Ismail Al-Habil, Imad Al-Masry. 2011. The Impact of the Application of the Islamic Supervision Principle on the Success of the Performance of Islamic Banks in the Gaza Strip: Case Study of the Arab Islamic Bank and the Palestinian Islamic Bank. Journal of Al-Azhar University in Gaza, Humanities Series, 2011, Issue B1.

Youssef Hammumi. 2016. The Risks of Banking Work: A Comparative Study between Conventional Banks and Participation Banks. Journal of Law, Legal and Judicial Knowledge Series, No. 49.

Theses & Dissertation

Abdullah Muhammad Abu Aqleh. 2018. The Impact of the Application of the Standards of the Islamic Financial Services Board in Achieving Control and Supervision of Islamic Banks: a field study on Islamic banks. PhD Thesis, Omdurman Islamic University, College of Research and Studies Institute of the Islamic World.

Shalba, A. 2016. An investigation of the roles and responsibilities of the board of directors in the Libyan banking sector. United Kingdom: Nottingham Trent University.

Siham Milad. 2014. The Legal System of Banking Institutions in Algeria. Master Thesis, Larbi Ibn al-Mahdi University, Umm al-Bawa'i, Faculty of Law and Political Science, Department of Law.

Zagoub, A. A. 2011. Corporate governance in Libyan commercial banks. Doctoral dissertation, University of Dundee.

Conference

Qasaimeh, G., Al-Gasaymeh, A., Kaddumi, T., & Kilani, Q. 2022. Expert Systems and Neural Networks and their Impact on the Relevance of Financial Information in the Jordanian Commercial Banks. In 2022 International Conference on Business Analytics for Technology and Security (ICBATS), 1-7, IEEE.

Law

Article (60) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and the addition of a special chapter on Islamic banking.

Article (61) of Law No. (1) of 2005, amended by Law No. (46) of 2012 regarding commercial.

Article (62) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and adding a special chapter on Islamic banking.

Article (62 - First) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and the addition of a special chapter on Islamic banking.

Article (62-Second) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and adding a special chapter on Islamic banking.

Article (63) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and the addition of a special chapter on Islamic banking.

Article (83) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and the addition of a special chapter on Islamic banking.

Article (84) of Law No. (1) of 2005, as amended by Law No. (46) of 2012 regarding commercial banks and the addition of a special chapter on Islamic banking.

Article (85) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and the addition of a special chapter on Islamic banking.

Article (100-bis/4-5) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and the addition of a special chapter on Islamic banking.

Article (100 bis/5/first) of Law No. (1) of 2005 AD, as amended by Law No. (46) of 2012 AD regarding commercial banks and adding a special chapter on Islamic banking.

Law No. (1) of 2013 regarding the prevention of usurious transactions, Official Gazette No. (5), second year, issued on 1-7-2013.

Law No. (4) of 1951 AD, Official Gazette Issue (1) of 1951 AD.

Law No. (46) of 2012 AD, Official Gazette Issue (13), issued on 7-5-2012 AD, and is effective from the date of its publication.

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Published

2023-03-01

How to Cite

Cafcouf , A. M. ., Daud, M. Z. ., & Jamaludin, M. H. . (2023). The Legal System For The Supervision Of Libyan Islamic Commercial Banks. Al-Qanatir: International Journal of Islamic Studies, 30(1), 52–69. Retrieved from http://al-qanatir.com/aq/article/view/489