حوكمة الشركات وتطبيقاتها على المعاملات الإلكترونية للبنوك والمؤسسات الإسلامية: دراسة مقارنة

Abstract

The development in transactions and services offered by Islamic banks and financial institutions have coincided with the tremendous progress in the field of information and communication technology, with one of its most important manifestations is the provision of transactions and services through electronic means. Furthermore, since Islamic bodies and regulators are keen to ensure that all activities within the Islamic bank or Islamic financial institution are compatible with Shariah, through the enforcement of the principles and provisions of governance and Shariah supervision of the activities of these institutions as well as its transactions and services. Therefore, this study was conducted to determine the principles of corporate governance and its applications in the electronic transactions at the Islamic financial institutions from the fact that the Islamic Shariah adheres the most to the protection of all parties, in order to contribute to the dissemination of knowledge associated with these principles so that the stakeholders would know to which extent these financial institutions are abiding by the principles of justice, accountability and transparency and to realize that these principles have become an important parts of their financial and banking institutions. In addition, the researcher adopted the descriptive analytical method and consequently, important results were obtained from this study. It has revealed the existence of some problems associated with the application. These problems are evident in the following contexts: 1. How can Islamic regulatory bodies keep up with the rapid developments in the field of electronic transactions. 2. There is no guarantee that all transactions concluded through electronic means are Shariah-compliant because of the constant and rapid evolution of these means. 3. The absence of adequate protection for the rights of stakeholders in accordance with the provisions of Islamic law, in view of the fact that the consolidation of values and principles contained in the corporate governance confirms that it is the firm origin of corporate governance, because it calls for justice and protect and regulate the rights and duties of stakeholders. This couldn’t be practically achieved by the development of modern standards related to corporate governance and supervision, nonetheless it was achieved since the issuance of the first criterion to regulate the work of Islamic banks and financial institutions. This is due to the fact that the prohibition of riba (usury) is the first manifestation of justice sought by the traditional principles of corporate governance, and it is a solid Shariah principle, along with the activities of Islamic banks and financial institutions.