الرقابة الشرعية في المصارف الإسلامية في ليبيا "دراسة تحليلية تقويمية"

Abstract

The salient research problems of this study are represented by the lack of clarity of the actual role of Shari’ah supervisory in the Libyan Islamic banking system, and the extent to which some of the employees and managers are uninformed about Shari’ah compliant Islamic financial transactions. This study has therefore aimed at examining the practices of the Shari’ah supervisory body in the Libyan Islamic banks. The study has also investigated the extent to which the current problems and challenges the body faces have reduced its effectiveness so much so that there is a need for developing a practical model for the Shari’ah supervisory body coupled with developing the Shari’ah supervisory methodology that is consistent with the nature of Islamic banks in Libya. The significance of the study lies in creating the mechanism for the working of the Shari’ah supervisory body in the Libyan banks, investigating the extent to which these banks comply with implementing Shari’ah parameters and principles in their transactions, and to investigate the abilities of Shari’ah supervisory members in guiding this transitionary period towards a transformatory one. This study has adopted a qualitative method in the form of descriptive, analytical, and interviews with a sample of (Twelve) experts in total, that include managers and staff members working in banks and Shari’ah supervisory body. Data obtained from the respondents working in these banks were analyzed to validate the model developed. The study has arrived at several major findings: firstly, the views of the experts unanimously support the proposed model for Shari’ah supervisory for the Islamic banks in Libya. Secondly, the model has spelt out the terms of reference and responsibilities of Shari’ah members and the quality of human resources required for undertaking the supervisory assignments, among others. The study has proposed several recommendations including: strategic plans and programs for the training and qualification of human resources working in Islamic banks, and how to introduce these human resources to the principles and precepts of Islamic economics and Islamic banking in relation to the market practices. A good Shari’ah supervisory model coupled with good quality of human resource would ensure safety, security Shari’ah compliance and accountability for the activities carried out by Islamic banks in Libya.