Sharia Supervisory Board Religious Compliance in the Islamic
Banks: An Interpretive Approach
Yuliana Sari
1
, Agnemas Yusoep Islami
2
and Isni Andriana
3
1
Polytechnic Sriwijaya, Palembang, Indonesia
2
Management and Science University, Shah Alam, Malaysia
3
Universitas Sriwijaya, Palembang, Indonesia
Keywords: Sharia Supervisory Board, religious compliance, Islamic banks, interpretive approach
Abstract: The concept of SSB religious compliance comes from a Sharia (Islamic teaching) law as foundation rules and
principles in the Islamic banks. The concept of SSB religious compliance is shaped by the role of religious,
normative and moral values. The objective of this paper is to explore how SSB articulates the notion of
religious compliance in the context of Sharia compliance process in the Islamic banks. This paper is a
conceptual based on previous researches to adopt in examining how SSB constructs the meaning of religious
compliance in Islamic banks. This paper is deemed to provide the richest from a literature review and analysis
using an interpretive approach to describe the meaning of SSB religious compliance in the Islamic banks.
This paper demonstrates that SSB constructs the meaning of religious compliance in appearance and in fact
through the social interactions at three levels: micro or personal self-reflexivity through ethical reasoning and
image of individual SSB; institutional or organizational culture through a range of business activities and
reputation; and macro or regulators and governance structure. This paper contributes to the Islamic banking
literature by providing understandings into the construction of the meaning of SSB religious compliance from
an interpretive approach.
1 INTRODUCTION
The concept of sharia supervisory board (SSB)
religious compliance develops out from a religious
imperative within Islamic banking and finance
industry (IBF) in keeping with the principles and
teaching of Islam. The religious imperative stresses
the preservation of ethically based credentials and
other exploitative and speculative based activities and
promotion of risk sharing, innovation,
entrepreneurship in the IBF business and operations
(Warde, 2010; Diwany, 2010; Archer & Karim,
2007). The religious compliance in the IBF is deeply
dependent on the views of SSB members. However,
most of the theological exegeses are based on
personal judgment, creating a risk of certifier bias
(Hayat, et al., 2013).
In a border research perspective, the concept of
SSB religious compliance is shaped by the role of
religious, normative and moral values. Some previous
research explores the compliance behavior related to
the notion of power, control in an institutional setting.
For example, three top-rank journals in accounting
and finance are Accounting Organizations & Society
(AOS), Journal of Business Ethics (JBE), and
Accounting Auditing & Accountability Journal
(AAAJ). Some researches review the concept of
compliance, for example, Denyer (2009) and Dixon-
Woods, et al. (2006) discuss the different
perspectives of compliance within complex
organizational systems and its environments.
Further, Sutinen & Kuperan (1999) also study the
intrinsic and extrinsic motivation of compliance
behavior, such as detention of enforcement system,
illegal gains and its related sanctions, social influence
and legitimacy objectives, and internal and external
moral development and personal values. In
determining compliance, the form of pure and social
power or normative power is more useful and also can
represent through ritual, symbol, esteem, and prestige
(Etzioni, 1961). Weber, et al. (1946) put forward that
the concept of compliance base on the conformity to
legitimate order, charismatic devotion, and
obedience. Weber’s form came from the personal
religious need and the perceived ideal interest within
the social order. Parsons (1968) provided that the
Sari, Y., Yusoep Islami, A. and Andriana, I.
Sharia Supervisory Board Religious Compliance in the Islamic Banks: An Interpretive Approach.
DOI: 10.5220/0008443806690676
In Proceedings of the 4th Sriwijaya Economics, Accounting, and Business Conference (SEABC 2018), pages 669-676
ISBN: 978-989-758-387-2
Copyright
c
2019 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
669
concept of compliance includes common sentiments,
a model of action or social relationship and the
integrity of the value pattern.
Despite the growth in the religious compliance
literature on the context of SSB, there has been little
effort to understand how the “meaning” of SSB
religious compliance in the Islamic banks. SSB
religious compliance is constructed in a context of
Islamic banks that has its roots for the assurance of
religious compliance for the Sharia compliance
process. Rahman (2011) exposed that SSB religious
compliance has brought a more focus on the need for
religious compliance to strengthen Islamic bank’s
credibility. Nevertheless, Shafii, et al. (2013) and
Yahya & Mahzan (2012) noted that religious
compliance also could be understood from a legal
insight. This reviews focused on the
underperformance of formal monitoring of religious
compliance.
Some critics in the early development stage of the
religious compliance practices in Islamic banks, such
as Hayat, et al. (2013) and Pitluck (2012) make a
comparison of Islamic finance in the different form of
investment alternative. They concerned Islamic banks
practices as ambiguous in much of the translation of
the Sharia law as the divine law. It described the
conflict with societal expectations of Islamic banks
ethicality and philanthropic motivation. Maurer
(2003) described the powerful and emotionally
unsettling in the negotiate and compromise ability in
the Islamic banks between alternative religious and
dominant values in a strange blend of a capitalist and
moral economy.
Therefore, this paper attempt to address the gap in
the literature by investigating how the meaning of
SSB religious compliance is constructed in the
context of Sharia compliance in Islamic banks using
the interpretative approach. This paper explores how
SSB articulates the notion of religious compliance in
the context of Sharia compliance process in the
Islamic banks.
Since this paper are concerned with an
understanding and explain the social world primarily
from the point of view of the actors directly involved
in the social process (Burrel & Morgan, 1979). Using
an interpretive approach to study the phenomenon, as
it offers the prospect of reflecting some of the
complexity and richness of Sharia compliance
process in the Islamic banks within which religious
compliance is being practised.
The remainder of the paper is organized as
follows. Next section, this paper explains the
theoretical framework SSB religious compliance and
Sharia compliance process in the Islamic banks. The
following section describes the methodology,
followed by discussion. The last section presents the
conclusions
2 THEORETICAL FRAMEWORK
The Sharia supervisory board (SSB) is part of the
key organ on Sharia governance to comply with the
Sharia rules and law in the Islamic banks. Nathan &
Ribiere (2007) exposed that the existence of the SSB
is very crucial to ensure the integrity and credibility
of Islamic banks. SSB is the independent body, which
has a responsibility to direct, review and supervise all
the banking activities and products to comply with the
Sharia rules and principles. Although SSB is a vital
resource in Islamic banks, SSB is derived from
different resources of the board of director (BoD).
Choudhury & Hoque (2005) and Daoud (1996)
explained that SSB authorities base on religious, legal
and systematic resources. The main obligation of SSB
is to ensure that Islamic bank conducts their business
activities in compliance with Sharia rules and
principles (Algaoud & Lewis, 1997).
SSB as individuals, groups, and sub-groups
through their interaction in the Sharia compliance
process, construct meanings based on their
understanding, experience and interpretation of their
surroundings and actions at every level in the Sharia
compliance process. Therefore, an interpretative
approach provides a framework to investigate how
the meaning of SSB religious compliance is formed
in the Islamic banks and its implications on the Sharia
compliance process.
Interpretative or natural approaches mainly focus
on people’s perceptions of reality and individual
meanings (Hopper and Powell, 1985). The overall
objective of the interpretive approach can be
classified with meaning and understanding from the
result of processes of interpreting. For example, the
grasping and comprehending of the meaning that is
felt, intended, and/or expressed by actors (Denzin,
2001).
An interpretive approach focuses on the details
and processes from actors’ interpretation of the
meaning of their own and others actions (Schwandt,
2000). Most of the interpretive researchers combine
around the effort to explicate the ways people in
specific social settings come to understand, account
for, and manage their daily life to build
understandings. Therefore, there are three main
central concepts in an interpretive approach,
interpretation, meaning, and understanding (Denzin,
2001).
SEABC 2018 - 4th Sriwijaya Economics, Accounting, and Business Conference
670
The purpose of an interpretive approach is not
always to find one truth. It gave the social
construction from reality that might be many truths to
construct (Shotter, 1993). Every understanding has
negotiated meanings, and, as such, it is open to
reconstruction (Schwandt, 2000). Therefore, Blumer
(1969) proposed the three concepts in an interpretive
approach, including social interactions, joint action
and differential degree of power. Social interactions
can be defined as learning conditions to fit with others
who share the same world interpret as a collective
voice or by adjusting one’s manner to fit with
accepted norms. For example, SSB often has their
own pre-conceived judgments concerning the Sharia
compliance process in the Islamic banks. When SSB
encounters a new situation or rule, SSB must redefine
their opinion based on interactions with others, such
as BoD, Sharia compliance officers, internal auditors,
etc.
Furthermore, Blumer (1969) explained that joint
action relates to the collective manner of diverse
participation in the negotiation process when a new
situation arises. For instance, among SSB members
experience the negotiation process, can take joint
action to accept or reject new rules or recommended
practices. The differential degree of power also forms
the meaning within the structure and organizations
held by various actors. It may not only influence but
also change the meanings of the phenomenon. For
example, the change in meanings and actions
attributes the higher level of negotiation powers held
by some actors relative to others in the negotiation
process, e.g. authority, intellect, etc.
The concept of compliance shapes from the role
of religious, normative and moral values (Smith,
1790). Drawing from the previous studies, this paper
adopts the notion of SSB religious compliance to be
articulated within the set of characteristics that reflect
a particular social reality. At the macro level or
regulatory level, factors such as ideational realm of
cultures such as general values and norms,
philosophy, religious beliefs, and ethical principles,
would set the limitations within which actors
cooperate and develop their actions. Within an
institutional or at the meso level, the interaction
between SSB members and the bank’s management
may be influenced by the organizational culture. At
the micro level or personal, self reflexivity will
support individuals to interpret the meanings and to
see themselves from the perspectives of others.
3 METHODOLOGY
This paper is conceptual in nature. Based on
previous researches to adopt in examining how SSB
constructs the meaning of religious compliance in
Islamic banks. This study explores how SSB
articulates the notion of religious compliance in the
context of Sharia compliance process in the Islamic
banks based on an interpretive approach. The
discussion and conclusions of this paper as a concept
for describing the meaning of SSB religious
compliance in the Islamic banks using an interpretive
approach.
Thus, the methodologically, this paper is deemed
to provide the richest from a literature review and
analysis. A theoretical and extensively study of
literature to bring out the objective of presenting the
SSB religious compliance observes to the following
principles:
Study behaviour, the range and variety of
meanings of religious compliance, and
The actor’s definition of the situation of reality
and their relation to behaviour need.
4 DISCUSSION
Macro or regulatory constructs of SSB religious
compliance
The Islamic bank develops from a religious
imperative to provide alternative financial services in
keeping with the principles and teaching of Islam.
Diwany (2010) and Archer & Karim (2007)
suggested that the religious imperative demands are
to preserve of ethically based credentials, which
include the bank on Usury (interest) and other
exploitative and speculative based activities and
promotion of risk sharing, innovation,
entrepreneurship.
Further, the Islamic bank’s compliance is heavily
reliant on the views of Sharia boards (Sharia
supervisory boards/SSB). However, most of the
theological exegeses are based on personal judgment,
creating a risk certifier bias (Hayat, et al., 2013;
Dranove & Jin, 2010). As an in-house Sharia board of
the Islamic banks, their decision will have to refer to
the national Sharia institution, and at the same time,
certain prominent individual Sharia board members
might have a powerful impact on higher level Sharia
rulings (Fatwa). Their decision of interpretation from
Islamic law as a source of guidance for Islamic banks,
for example, is a strategy for responding to existential
uncertainty (Clack, 2008).
Sharia Supervisory Board Religious Compliance in the Islamic Banks: An Interpretive Approach
671
Government and regulatory bodies have
committed to developing formal regulations for an
Islamic bank. A number of governancesstandard and
guidelines are issued on the international level, i.e.,
the Accounting and Auditing Organizations of
Islamic Financial Institutions (AAOIFI) and the
Islamic Financial Services Board (IFSB). Several
central banks, such as Bank Negara Malaysia (BNM),
Bank Indonesia (BI), Central Bank of Bahrain (CBB),
and State Bank of Pakistan (SBP), have also
published governance guidelines for Islamic banks to
raise the confidence of the users of financial
statements in the information covered in them.
In regards to the Islamic bank industry as the
social phenomenon, there are some issues in Islamic
banks that relate the picture of religious compliance.
Islamic banks as the fairly new and unfamiliar
industry for regulators have been operating in a
weaker government oversight and non-transparent
environment. For example, the collapse of Ihlas
Finance House (IFH) of Turkey in 2001 showed
about the weaknesses of corporate governance in
practice. It describes that a failure for the
implementation of religious compliance, which
entails negative repercussion for trustworthiness and
sustainability of an Islamic financial institution
(Sultan, 2007; Jang, 2003).
Thus, most of the regulators arrange their
governance structure by the addition of SSB to
distinguish from conventional governance structures.
The addition of SSB in the governance structure is
required to encourage transparency and disclosure in
decision-making and religious compliance in Islamic
banks. The regulator adds SSB as an in-house
religious advisor to ensure that Islamic bank’s
business practices and products comply with Islamic
law, and also to mitigate the institution’s exposure to
fiduciary and reputational risk related to religious
compliance in Islamic law (Algaoud & Lewis, 1999).
Linking back to Islamic banks, Sharia rules and
principles are intended to stabilize the structure of
compliance behavior. However, regulators have left
religious compliance under the Islamic bank as
institutional for many reasons. As the result, the level
of enforcement of religious compliance in Islamic
banks is endogenous. In a sense, Islamic banks
reflexivity in religious compliance behavior lies
within a continuum of an expected cost linked to
institutional legitimacy and pressures, and the extent
of the accepted level of non-compliance. Gidden
(1986) emphasized that human action occurs as
continues the flow of conduct, as does cognition. So,
the religious compliance in Islamic banks is
composed of an aggregate of their actors and
institutional, reasons and motives.
In short, regulators set Sharia rules and principles,
which based on the Quran and Sunnah (an illustration
of the lifestyle, daily religious practices, acts and
behaviors of the Prophet Muhammad) as religious
compliance in the Islamic banks. Sharia rules and
principles provide a set of rights and obligations that
enable Islamic banks to gain credibility and integrity
as an ethical and religious compliance based financial
services provider (Diwany, et al., 2010).
The main sources for Islamic bank as religious
compliance codes are the Quran and Sunnah. The
Quran and Sunnah as the main guidance in Islam
divided three foundations for the religious
compliance codes, namely Aqidah (the code of faith),
Sharia (the code of practice), and Akhlaq (the code of
ethics). Aqidah defines the principles of faith and
belief in Islam. Akhlaq governs the Islamic ethical
and moral code at a personal level. Further, Sharia
treats as a being synonymous with the law and
governs all forms of practical action, such as ethics
and the religious compliance approach to faith are
directly connected. It involves both the law that
governs man’s worship of God, which pertains to
Ibadah (devotional matters) and the law that relates
to man’s acts in terms of political, economic and
social domains of behavior (Mu’amalat). Sharia is
considered enforceable in both these areas (Diwany,
et al., 2010).
As a result, the regulators have left religious
compliance under the Islamic bank as institutional for
many reasons. However, regulators construct the
religious compliance base on the Quran and Sunnah.
Through the Quran and Sunnah as the elements in the
macro environment is making it easier to take joint
actions to bring about changes, SSB construct their
meanings of religious compliance accordingly. Then,
interactions also occur at the institutional level
between SSB, and this affects their construction of the
meaning of religious compliance, as discussed next.
Meso or institutional constructs of SSB religious
compliance
The ambiguities in Islamic banks are evident and
unresolved even at the regulatory level, have
subsequently drifted down into the institutional level.
The unresolved ambiguity combined with the low
exogenous pressure could create a grey area. It leaves
some rooms between the rules and Islamic banks as
institutional understanding and interpretation, and a
gap to construct the meaning of SSB religious
compliance, which has drifted down into institutional
levels.
SEABC 2018 - 4th Sriwijaya Economics, Accounting, and Business Conference
672
In the governance structure in Islamic banks,
regulators require banks to employ a Sharia
Compliance Officer (SCO) as an independent,
extended structure of the SSB. Some critics from
scholarly works highlighted that the Islamic banks
heavy dependent on the views of SSB as in-house
Sharia scholars in the seal of approval of compliance
(Hayat, et al., 2013; Dranove & Jin, 2010). In the
course of interpretation of the theological exegeses
are based on personal judgment and could lead a risk
of certifier bias (Unal, 2011, Rammal &Parker,
2010).
In regards to the construction of the meaning for
SSB religious compliance as the social phenomenon
of this paper, there are issues in Islamic banks, which
provide a picture of religious compliance. The SSB
activities are the key to corporate governance in
Islamic banks to ensure the constant surveillance and
check-and-balance over the Islamic bank’s products
and operations (Al Nashmi, 2002). Hasan (2008) and
Rahim (2008) stated that the roles and functions in
Islamic banks are directing, reviewing and
supervising all activities, products, and services of the
Islamic banks to ensure they are in compliance with
Sharia law.
Sharia law as a base of religious compliance in
Islamic banks has the ultimate objective to bring
about human prosperity. Linking back to Islamic
banks as a financial institution based on the Sharia
law, hence advancing society’s well-being,
eventually becomes part of the organizational
objective. In this case, the SSB religious compliance
from the institutional perspective is merely a tool for
checking the fulfilment of Sharia legal requirements
(Muneeza & Hassan, 2013).
SSB religious compliance can be an assurance
program, if properly in place, and becomes a
compliance defiance system. SSB religious
compliance brings about the reference to a
restructuring program to stabilize the dynamic of
religious compliance attitude, which in the end guides
the Islamic banks to comply with Sharia law.
However, some criticisms for Islamic banks showed
that the doubts in the interpretation of religious
compliance principles, and a lack of monitoring of
Sharia compliance (Rahman, 2011; Kasim, et al.,
2009).
The focus on SSB is controlled demands and
expectations to ensure religious compliance are being
met in Islamic banks environment. But a lack of
consensus on Sharia compliance criteria in this
industry is trapped within the battle of defining
religious compliance parameter. Islamic banks as
financial institutions have been trapped into legally
based religious compliance whilst seeking to build
moral commitment to the Sharia principles and rules
with the religious compliance law. This is represented
through the differences of interpretation of Sharia as
religious compliance in different jurisdiction and
Islamic banks as financial institutions (Hameed,
2009; Aggarwal & Yousef, 2000).
In other words, the meaning of SSB religious
compliance in Islamic banks is flourishing with the
academic work to the industry focus on legitimating
legal compliance to the religious order (Yahya &
Mahzan, 2012; Muhamad, Edil bin Abd. Sukor, &
Shihabuddin, 2009). Islamic banks as a financial
institution with the Sharia law become alerted to
legitimating the ethical aspect and morality in their
operations and products since an ethical lapse could
damage organizational reputation. Power (1999) put
an argument that the rise of religious compliance has
roots in political demands for accountability and
control, and the assurance of religious compliance
becomes subject to formal scrutiny.
Although the meaning of SSB religious
compliance in appearance is associated with the
interpretation of Sharia law within Islamic banks as
financial institutions, SSB also needs to interpret their
actions based on their personal values, and this is
discussed next.
Micro or actors constructs of SSB religious
compliance
Self-reflexivity becomes an important variable in
enabling individuals, through their social interactions
to build a perspective or opinion of a particular
concept (Hudaib & Haniffa, 2009). Alford &
Friedland (1985) emphasized that individual behavior
can never be adequately explained by individual
interest, perceptions, and motivations, nor can
individual behavior or social interaction theories
explain organizational or societal processes.
In the case of Islamic banks, they face two highly
institutionalized environments, the regulatory
environment with its own authoritative, and the
endogenous religious rules and governance
environment that need to be satisfied to be qualified
as a Sharia-compliant financial institution. SSB as the
in-house scholars have a crucial role to assure the
Sharia law as the values basis in the Islamic bank’s
products and operation. SSB is an independent body
in Islamic bank’s governance structure, which
designs to perform religious compliance law
translation and interpretation. SSB also have a
responsibility to assure the implementation of
religious compliance principles in the Islamic bank’s
products and operation (Kasim, et al., 2009).
Sharia Supervisory Board Religious Compliance in the Islamic Banks: An Interpretive Approach
673
SSB certifies the Sharia-compliant aspect for
every product, transactions, and agreements of the
Islamic bank by issuing a Sharia legal opinion called
Fatwa. The role and function of SSB as the in-house
religious scholar is central to internalization of Sharia
compliance principles for the overall aspects of the
Islamic bank’s products and operations. SSB has a
crucial responsibility to assure the implementation of
the pronounces Sharia rules and principles for
religious compliance and SSB must be separated with
the Sharia compliance officer as an internal religious
compliance to review all banking activities in day-to-
day operation (Besar, et al., 2009).
In the Sharia compliance process, SSB is
described as a traditional controller in order to
develop credible images that rationalize what they are
doing. SSB tacit knowledge plays an important role
in every decision on Sharia compliance approval for
each product and operation in Islamic banks. In this
case, the construction of SSB religious compliance
comes from their tacit knowledge and power as the
individual religious scholar controls and balances the
ambiguous religious rules to meet the business
demand.
Further, there is a heavy reliance on the tacit
knowledge of SSB as the individual scholar to
perform the meaning of religious compliance and also
as the rules maker, the rules-fine runes, the rules
refine and the rules auditor. At the individual level,
SSB has an ambiguity to interpret the religious
compliance, when a single individual handles the
Sharia governance main functions. So, the
construction of SSB religious compliance is very
much related to personal style, power, personal
religious views, and independency (Archer & Karim,
2007).
The above rhetoric shows that a gap between
Sharia rules and implementation might create rules
ambiguity in relation with the SSB religious
compliance, and this becomes wider when the rules
maker is also the rules auditor. The issue is the lack
of direction of religious compliance principles makes
inconsistency and the absence of operational
principles enables actors and institutions to exploit
the inherent openness of rules interpretation, and
shape the religious compliance according to their
preferred direction (Al Nashmi, 2002).
SSB religious compliance behavior describes a
dynamic process reflecting the trade-off between two
poles of Sharia law and business logic and the
rationalization of power and resource allocation
(Daoud, 1996). From the Islamic perspective, Sharia
as a law is considered enforceable for devotional or
Ibadah (ritual matters), and in any political, social,
economic and commercial activities (Mu’amalat)
(Hameed, 2009).
In SSB assurance program, a religious compliance
defense system brings a reference to a rectification
program to stabilize the dynamic of religious
compliance attitude, which in the end guides Islamic
banks to be congruent with its ideals.
5 CONCLUSIONS
This paper provides understandings and
interpretations of the meaning of SSB religious
compliance in the context of Islamic banks. The
constructions and interpretations are drawn from the
richest from a literature review and analysis.
The contextual analysis in this paper at the macro
level or regulator level indicates the meanings of the
concept of SSB religious compliance to a large extent
are being associated with Sharia rules and principles,
which based on the Quran and Sunnah. Government
and regulatory bodies have committed to developing
formal regulations for an Islamic bank. On an
international level, a number of governances’
standard and guidelines are issued, such as the
Accounting and Auditing Organizations of Islamic
Financial Institutions (AAOIFI) and the Islamic
Financial Services Board (IFSB).
Sharia rules and principles are intended to
stabilize the structure of compliance behavior.
However, regulators have left religious compliance
under the Islamic bank as institutional for many
reasons. As the result, the level of enforcement of
religious compliance in Islamic banks is endogenous.
As a result, the SSB religious compliance in Islamic
banks is constructed of an aggregate of their actors
and institutional, reasons and motives.
Similarly, lack of meaning of SSB religious
compliance might lead frustrating for some SSB. In
the same vein, lack of religious compliance means
that SSB needs to deal with pressures of bias and
discrimination in maintaining SSB religious
compliance. The business and economic objectives
by Islamic banks could force the meaning of SSB
religious compliance to the disturbance and might
lead to the image of Sharia compliance process within
Islamic banks.
At the meso or institutional level, the Sharia law
largely influences the meaning of SSB religious
compliance as the mandatory regulations and rules in
the Islamic banks. Linking back to Islamic banks as a
financial institution based on the Sharia law, hence
advancing society’s wellbeing, eventually becomes
part of the organizational purpose. SSB religious
SEABC 2018 - 4th Sriwijaya Economics, Accounting, and Business Conference
674
compliance can be an assurance program, if properly
in place, and becomes a compliance defiance system.
SSB religious compliance brings about the reference
to a restructuring program to stabilize the dynamic of
religious compliance attitude, which in the end guides
the Islamic banks to comply with Sharia law.
Further, the meaning of SSB religious compliance
in Islamic banks is flourishing with the academic
work to the industry focus on legitimating legal
compliance to the religious order (Najeeb & Ibrahim,
2013; Yahya & Mahzan, 2012). The Sharia law
becomes alerted to legitimating the ethical aspect and
morality in the Islamic bank's operations and products
since an ethical lapse could damage organizational
reputation.
At the micro level, the SSB religious compliance
is often related to the personal reputation and
understanding of the local environment and religious
norms rather than the organizations and general
ethics. Understanding the nature of SSB as a symbol
in the Islamic banks, it can help to understand the
concept of SSB religious compliance and the need for
adaptation of such concept to be in line with Sharia
law.
From the various interpretation of the
construction of the meanings of SSB religious
compliance in Islamic banks, it can be determined
that SSB as a personal actor has a crucial role to
assure the Sharia law as the values basis in the Islamic
bank’s products and operation. SSB is an independent
body in Islamic bank’s governance structure, which
designs to perform religious compliance law
translation and interpretation.
SSB is described as a traditional controller in
order to develop credible images that rationalize what
they are doing. SSB own a tacit knowledge to manage
every decision on Sharia compliance approval for
each product and operation in Islamic banks. In
Islamic banks, the construction of SSB religious
compliance comes from their tacit knowledge and
power as the individual religious scholar controls and
balances the ambiguous religious rules to meet the
business demand. The concern for constructing the
meaning of SSB religious compliance comes from the
adoption of Sharia law values, expression, a reflection
of societal needs, competent judgments, and an
independent and influential from the professional
body.
The limitation of this paper is this paper only
focuses on understanding the construction of the
meanings of SSB religious compliance base on
interactions at macro, institutional and personal level.
This paper does not distinguish how different social,
cultural, firm and personal factors, which can
influence the perceptions on the SSB religious
compliance when faced with specific situations of
conflict. As a result, it would be interesting for future
study to explore this aspect.
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