Analysis the Gap Between BNM Regulation and MM Application in Islamic Banking

  • Audia Syafaatur Rahman International Islamic University Malaysia
Keywords: Musharakah Mutanaqisah, Gap, Bank Practices


Bank Negara Malaysia resolved the utilization of Musharakah Mutanaqisah on the Shariah Advisory Committee 56th meeting in 2010. In the practice, most of the bank use Musharakah Mutanaqisah for the home financing purpose. This study examines the gap between the BNM regulation and both the Maybank Islamic and HSBC Amanah practices. The method of analysis is using qualitative study based on the library research. The result has found the gaps which consist of one major gap and three minor gaps, the major gap is related to charging early settlement fee by HSBC Amanah. In addition, three minor gaps are related to wa’d statement in both banks, pledge statement in Maybank side, and default approach compliance in both banks. However, this study does not examine the gap that related to the contract validity. Nevertheless, one single gap found might create the serious issue that leads to effect the contract validity of the product. By uncovering one gap that existed in their practices, this study suggests for better monitoring and supervision conducted by all involved parties. BNM Shariah Advisory Council and Respective Islamic Bank committee should verify the practice that may cause the contract to become void. In addition, the Islamic Financial Institutions should strictly follow all the regulation issued by the Bank Negara Malaysia in all their practices and publication in order to make the contracts acceptable according to Shariah and to cater public confidence. Adhering to guidelines along with the sharia standard of the product further increases accountability and trustworthy of sharia compliancy in particular product.


Abdullah, Nurdianawati Irwani. (2009). Application of Promise (wa’ad) in Islamic Banking and Securities: A Risk Management or Unjust Management, Paper Presented at International Conference of Islamic Perspective of Management and Finance, 1-2 July 2009, Leicester University, UK.

Asian Institute of Finance (2013). Musharakah Mutanaqisah Home Financing. Retrieved from

Bank Negara Malaysia (2010). Shariah Resolutions in Islamic Finance 2nd edition. Kuala Lumpur, Malaysia

BNM (2011). Regulatory and Supervisory Framework. Retrieved from

BNM (2015). Musyarakah Sharia Standard Retrieved from http: //www. guidelines/ 05_shariah/ Musyarakah.pdf

BNM (2016). Ijarah Sharia Standard. Retrieved from http:// www. bnm. gov. my/ guidelines/ 05_ shariah/ PD_ijarah.pdf

BNM (2013). Guidelines on Ibra’ (Rebate) for Sale-Based Financing. Retrieved

Hanafi, H.H. (2012). Critical Perspectives on Musharakah Mutanaqisah Home Financing in Malaysia: Exploring Legal Regulative and Financial Challenges (Doctoral Thesis), University of Durham, United Kingdom.

Hashim & Hassan (2015). Musharakah Mutanaqisah (MM) from Shari’ah Perspectives

HSBC Amanah (2016). Product Disclosure Sheet Home Smart-i. Retrieved from

INCEIF (2015). Is interest-rate benchmarking good enough?. Retrieved from

ISRA (2010). Managing Default in Musharakah Mutanaqisah. ISRA Bulletin, (5), 5-7

Maybank Islamic (2016). Product Disclosure Sheet. Retrieved fromhttp://www. maybank2u. _info/m2u /public/ personalDetail04

Meera, A.K.M. & Razak, D.J. (2009). Home Financing through the Musharakah Mutanaqisah Contracts: Some Practical Issues. Islamic Economics Journal, 22(1), 121-143

Naim, Asmadi Mohamed. (2011). “Purchase Undertaking Issues In Musharakah Mutanaqisah Home Financing”. ISRA International Journal of Islamic Finance, 3(1), 25-47

Lung, L.C. (2013). Musharakah Mutanaqisah Partnership in Malaysia’s Islamic Bank: A Comparison Between Theory and Practice. American Journal of Economics and Business Administration, 5 (3), 95-106

Smolo, Edib. (2010). Managing Default in Musharakah Mutanaqisah, ISRA Bulletin, 5, June 2010.

Smolo, Edib, and Hassan, Mohd Kabir. (2011). “The Potential of Musharakah Mutanaqisah for Islamic Housing Finance”.International Journal of Islamic and Middle Eastern Finance & Management, 4(3), 237-258.

Sundararajan, V., and Errico, L. (November 2002). Islamic Financial Institutions and the Products in the Global Financial System: Key Issues in Risk Management and Challenges Ahead: IMF Working Paper.

Taib, Fauziah Md, Ramayah,T., and Razak, Dzuljastri Abdul.(2008).“Factors Influencing Intention to Use Diminishing Partnership Home Financing”.International Journal of Islamic and Middle Eastern Finance and Management. 1(3), 235-248.

Usmani, T. (2004). An Introduction to Islamic Finance. Maktab Maa’rul Quran, Karachi, Pakistan

How to Cite
Rahman, A. S. (2017). Analysis the Gap Between BNM Regulation and MM Application in Islamic Banking. European Journal of Islamic Finance, (8).