Shariah Committee
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Guided by a team of expert scholars, ensuring our operations are in full compliance with Shariah principles.
Shariah Committee
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Sheikh Dr. Nedham Yaqouby Chairman of the Shariah Committee
Sheikh Dr. Nedham Yaqouby Chairman of the Shariah CommitteeKey responsibilities: Sheikh Dr. Nedham Yaqouby oversees Sharia compliance and supervision as the Chairman of the Shariah Committee.
Career summary: Sheikh Yaqouby is a prominent, highly respected Islamic Sharia scholar and a successful businessman from the Kingdom of Bahrain. He is a member of the Ithmaar Holding and IB Capital Sharia Supervisory Boards. He holds many academic, appreciation, and honorary degrees and has authored many books. In 2007, the King of Bahrain, His Majesty King Hamad bin Isa Al Khalifa, awarded Sheikh Yaqouby the Order of Merit in recognition of his services in Bahrain and abroad. Sheikh Yaqouby has also received the Euromoney Award for Innovation in Sharia Supervision, the Malaysian Islamic Banking Award, and other accolades.
Other engagements: Sheikh Yaqouby is a member of the Sharia Board of the AAOIFI, a member of the Sharia Advisory Board of the Central Bank of Bahrain (CBB) and serves as Chairman or a member of the Sharia Supervisory Boards of several banks, Islamic financial institutions, investment funds, and international banks in the GCC region, Arab countries, and around the world.
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Sheikh Dr. Mohamed Ali Elgari Member of the Shariah Committee
Sheikh Dr. Mohamed Ali Elgari Member of the Shariah CommitteeKey responsibilities: Sheikh Dr. Mohamed Ali Elgari serves as a Member of the Shariah Committee.
Career summary: Dr. Elgari was a Former Professor of Islamic Economics at King Abdulaziz University, Jeddah, Saudi Arabia, and Former Director of the Center for Research in Islamic Economics at the same university. He holds a PhD from the University of California. He has authored several books in Islamic finance and published numerous articles on the subject in both Arabic and English. Dr. Elgari is also a frequent speaker at conferences worldwide.
Other engagements: Dr. Elgari is an Expert at the Islamic Jurisprudence Academy of the OIC and the Islamic Jurisprudence Academy of the Islamic World League, and a member of the Shari’ah Council of AAOIFI. He is a member of the editorial board of several academic publications in the field of Islamic Finance and Jurisprudence, including the Journal of the Jurisprudence Academy (of the IWL), Journal of Islamic Economic Studies (IDB), Journal of Islamic Economic (IAIE, London), and the advisory board of Harvard Series in Islamic Law, Harvard Law School. Dr. Elgari is a member of numerous Shariah Boards of Islamic Banks and Takaful Companies worldwide.
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Sheikh Dr. Yousef Al Shubaily Member of the Shariah Committee
Sheikh Dr. Yousef Al Shubaily Member of the Shariah CommitteeKey responsibilities: Sheikh Dr. Yousef Al Shubaily serves as a Member of the Shariah Committee.
Career summary: Dr. Shaikh Yousef is a faculty member of the Higher Institute of Justice with a wide range of experience in various Shari’ah advisory roles. He is a lecturer at the Department of Comparative Jurisprudence at the Higher Institute of Justice and a former researcher at the Court of Grievances. He also previously taught at the Institute of Islamic Sciences in the United States. Shaikh Yousef holds a Master’s degree and a Doctorate from Imam Muhammad bin Saud University.
Other engagements: Shaikh Yousef is a Member of the Fiqh Council of North America, the Saudi Fiqh Society, and the Shari’ah Committee for Collecting and Organizing of Zakat in Saudi Arabia.
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Dr. Faisal Zaheer Mughal
Dr. Faisal Zaheer MughalDate of joining team NBB: 2019Key responsibilities: Dr. Faisal Zaheer Mughal leads the Islamic Banking Department at NBB KSA.
Career summary: Dr. Mughal has been working as a Shariah Advisor in several financial entities since 2007. He has written several books in the field of Islamic Banking and Finance and holds a bachelor’s degree from the College of Sharia, a Master’s degree, and a Ph.D. in Comparative Fiqh and Law from the Higher Judicial Institute at Imam Muhammad bin Saud Islamic University.
Other engagements: Dr. Mughal is a member of the Islamic Banking Committee of the Central Bank of Saudi Arabia.
Duties of the Shariah Committee
Approve all and any Shariah implications to the Memorandum of Association, the Articles of Association, and the policies, regulations and models used in the Bank.
Review the structure of Islamic products, related documents, records, contracts, agreements, forms, and opinion and recommend amendments if any.
Contribute to the innovation and development of products in light of the provisions of Shariah and in accordance with best International practices.
Set framework for Islamic products, dividend / income purification and past due penalties (monitor spending of such amounts to charity).
Adopting the Shariah Supervisory Program, and considering the reports of the Shariah Supervisory, and issuing the necessary provisions (Shariah Audit).
Issuing the annual report (Shariah Audit Report) related to all Islamic activities to ensure Shariah compliance to the respective.
Review the Islamic financial statements of the Bank, where applicable, to ensure Shariah Compliance.
Powers of the Shariah Committee
The right to access all the Bank’s operations related to offering Shariah products and services, to identify other Shariah alternatives to ensure that they comply with the provisions of Shariah.
The right of communication and direct communication with the concerned parties in the Bank, in order to facilitate the functioning of the Shariah Committee, and in case of non-response, direct contact with the concerned authorities.
The Bank may not provide financial or investment services in accordance with the provisions of the Islamic Shariah, or offer Islamic products or contracts, except after submitting them to the Shariah Committee and taking their approval in the manner mentioned in these Regulations.
All directives and Fatwas issued by the Shariah Committee shall be binding and enforceable by the relevant departments of the Bank. Other Departments to provide necessary supporting to implement this.
Decisions of the Shariah Committee
The Shariah Committee shall issue its decisions or recommendations in the proceedings before it. The decision shall include a summary of the subject presented, and the final outcome of the Shariah Committee, together with evidence, reasons and supporters.
The Shariah Committee shall issue its decisions or recommendations by the majority of the members present (absolute majority). When the votes are equal, the Chairman will make the final decision. The dissenting or abstaining member or the reserving party shall have the right to prove his opinion in the minutes of the meeting and in the resolution.
Fatwas issued by other Shariah Committees shall not be binding on the Shariah Committee or its decisions.
Decisions of the Shariah Committee are binding on the Bank and its Executive Management and its staff, and are deemed to be enforceable from the date on which the Bank is notified.
Shariah Committee can pass decision through Circulations.
Islamic Banking Department
To carry out the work of the secretariat of the Shariah Committee from arranging the work to present to the Shariah Committee, to participate in its meetings, to complete all the required clarifications and information and to edit the minutes of its meetings and decisions in accordance with its directives and obtain approval of the minutes of the meeting as a prelude to adoption and communicate the decisions and directions of the Shariah Committee of the concerned parties of the Bank.
Develop policies and procedures for Shariah supervision programs, training and so on.
To ensure Shariah compliance, review of Shariah Audit framework and responsible for having all the necessary approvals in place for offering Shariah products.
