Kazakhstan: the compliance of Banking Law, part of islamic banking with the Shariah principles and rules
DOI:
https://doi.org/10.26577//EJRS.2022.v32.i4.r7Keywords:
Banking, Law, Compliance, Legislation, RegulationAbstract
The Kazakhstan government was from first country in the central Asia and post-soviet countries took initiation for amending the legislation to introduce Islamic Banking in the country. For this reason, the government of Kazakhstan decided to promote Islamic Banking in the country therefore, it introduced amendments into the existing legislation. The aims of this study were to analyze and find out the compliancy of Kazakhstan Banking law, part of Islamic banking to the Shariah Standard of AAOIFI. Islamic banking sector is in the beginning of its development and growth, hence the government of Kazakhstan and banking system regulatory authority have to focus to build a competitive financing sector that to be attractive more for Islamic finance companies, not only two by financial institutions, and to promote attraction of investment and financing into real economy sector development of Kazakhstan through Islamic banking and financing. The reason for introducing Islamic banking is to reduce any future financial crises and to create stable economic system.
Keywords: Banking, Law, Compliance, Legislation, Regulation.
References
Holy Quran
Baidaulet Y., Salihova A., Kashimova L. et.al. (2014) Osnovy jeticheskih (islamskih) finansov [Basics of ethical Islamic financ-ing]. – Pavlodar: PrimaLux. – 325. (in Russian)
Civil Code of the Republic of Kazakhstan (Special part). 1 July, 1999. № 409-1.
Ibn Hajar al-Asqalani (1429) Bulugh al-Maram. – Riyadh, Saudi Arabia: Darussalam Publishers&Distributors. – 522.
Imam Tirmidhi (2000) The Book of Jami’ Tirmidhi (Sunnan - Al-Tirmidhi), vol.4. Published by Ministry of Islamic Affairs, Dawah and Guidance of Saudi Arabia. – 579.
Islamic Financial Services Act 2013 (Gazette, 22 Mar 2013).
Law of the Republic of Kazakhstan on Bank and Banking Activities (August 31, 1995 N 2444). (in Russian)
Maggs, P. B. (2011). Islamic Banking in Kazakhstan Law. Journal Review of Central & East European Law, 3 (6); https://pages.law.illinois.edu/p-maggs/islamic-banking-in-kazakhstan.pdf
Mufti Ismail Ebrahim Desai (2019) What is a Shariah Compliant Investment. https://journal.wahedinvest.com/what-is-a-shariah-compliant-investment/. (Accessed on: 15/11/2021).
National Bank of Kazakhstan (2017) Hronika razvitija islamskogo finansirovanija v Kazahstane [History of Islamic Finance in Kazakhstan]. Available at: https://www.finreg.kz/document/?docid=4680&switch=rus (in Russian)
Noggarth, D. (2016). The Rise of Islamic Finance in Post - Colonial Market - Building in Central Asia and Russia. – 115-136.
Oman Law Blog (2012) Islamic Banking: A Brief Introduction. https://omanlawblog.curtis.com/2012/07/islamic-banking-brief-introduction.html. (Accessed on: 15/11/2021).
Peter Knaack (2022) Global Financial Networked Governance: The Power of the Financial Stability Board and its Limits. DOI:10.4324/9781003290001. Data access 15.10.2022
Study lecture notes (2022) Secondary Sources of Islamic Law, Ijma, Ijtehad, Qiyas & Urf. http://studylecturenotes.com/secondary-sources-of-islamic-law-ijma-ijtehad-qiyas-urf/
The Republic Tajikistan Law (2014) Law of the Republic of Tajikistan on Islamic Banking Activities
Translation of Quran By Mufti Taqi Usmani in Urdu https://muftitaqiusmani.com/en/Books/noble-quran (in Urdu)
ZICO Shariah (2020) Islamic Finance Master Plan for the Republic of Kazakhstan 2020-2025. – Nur-Sultan: Prepared for AIFC, Supported by IsDB. Available at: https://tinyurl.com/ISMPRK2025 (Accessed on: 15/11/2021).
