The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia
With the enactment of the Islamic Financial Services Act 2013 (IFSA 2013) in Malaysia, the dispute resolution landscape has been transformed to reflect more on effective dispute settlement that would ensure consumer protection without prejudicing the interests of the financial service providers. Th...
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International Islamic University Malaysia
2016
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iium-565842019-07-12T04:00:52Z http://irep.iium.edu.my/56584/ The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia Mohd. Zain, Nor Razinah Engku Ali, Engku Rabiah Adawiah HB126.4 Islamic Economics HG3368 Islamic Banking and Finance HG4001 Financial management. Business finance. Corporation finance. With the enactment of the Islamic Financial Services Act 2013 (IFSA 2013) in Malaysia, the dispute resolution landscape has been transformed to reflect more on effective dispute settlement that would ensure consumer protection without prejudicing the interests of the financial service providers. The Central Bank of Malaysia, as the main regulatory body for the Islamic financial services industry in Malaysia, indicates that the Financial Mediation Bureau (FMB) is in the process of implementing the Financial Ombudsman Scheme (FOS). In analysing this statutory by-product of IFSA 2013, this paper examines the transformation of FMB as a structured statutory body in resolving Islamic finance disputes. In addition, the dispute resolution structure of FMB under the FOS is evaluated and appreciated. A comparative legal analysis is provided in a separate section by examining the structures of other financial ombudsmen as available in other jurisdictions. The examples are taken from other financial ombudsmen practices as applied in selected Commonwealth countries, i.e., Ireland, United Kingdom, and Pakistan. International Islamic University Malaysia 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/56584/8/56584_The%20introduction%20of%20the%20financial%20ombudsman%20scheme.pdf application/pdf en http://irep.iium.edu.my/56584/1/56584_The%20introduction%20of%20the%20financial%20ombudsman%20scheme_WoS.pdf application/pdf en http://irep.iium.edu.my/56584/9/56584_the%20introduction%20of%20The%20introduction%20of%20the%20financial%20ombudsman_scopus.pdf Mohd. Zain, Nor Razinah and Engku Ali, Engku Rabiah Adawiah (2016) The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia. Al-Shajarah, 21 (3 Special Issue). pp. 243-260. ISSN 1394-6870 http://journals.iium.edu.my/shajarah/index.php/shaj/article/view/420 |
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HB126.4 Islamic Economics HG3368 Islamic Banking and Finance HG4001 Financial management. Business finance. Corporation finance. |
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HB126.4 Islamic Economics HG3368 Islamic Banking and Finance HG4001 Financial management. Business finance. Corporation finance. Mohd. Zain, Nor Razinah Engku Ali, Engku Rabiah Adawiah The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia |
description |
With the enactment of the Islamic Financial Services Act 2013 (IFSA 2013) in Malaysia, the dispute resolution landscape has been transformed to reflect more on effective dispute settlement that would ensure consumer protection without prejudicing the interests of the
financial service providers. The Central Bank of Malaysia, as the main regulatory body for the Islamic financial services industry in Malaysia, indicates that the Financial Mediation Bureau (FMB) is in the process of implementing the Financial Ombudsman Scheme (FOS). In analysing this statutory by-product of IFSA 2013, this
paper examines the transformation of FMB as a structured statutory body in resolving Islamic finance disputes. In addition, the dispute resolution structure of FMB under the FOS is evaluated and appreciated. A comparative legal analysis is provided in a separate section by examining the structures of other financial ombudsmen as available in other jurisdictions. The examples are taken from other
financial ombudsmen practices as applied in selected Commonwealth countries, i.e., Ireland, United Kingdom, and Pakistan. |
format |
Article |
author |
Mohd. Zain, Nor Razinah Engku Ali, Engku Rabiah Adawiah |
author_facet |
Mohd. Zain, Nor Razinah Engku Ali, Engku Rabiah Adawiah |
author_sort |
Mohd. Zain, Nor Razinah |
title |
The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia |
title_short |
The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia |
title_full |
The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia |
title_fullStr |
The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia |
title_full_unstemmed |
The introduction of the financial ombudsman scheme as an alternative to dispute resolution in the Islamic financial services industry in Malaysia |
title_sort |
introduction of the financial ombudsman scheme as an alternative to dispute resolution in the islamic financial services industry in malaysia |
publisher |
International Islamic University Malaysia |
publishDate |
2016 |
url |
http://irep.iium.edu.my/56584/ http://irep.iium.edu.my/56584/ http://irep.iium.edu.my/56584/8/56584_The%20introduction%20of%20the%20financial%20ombudsman%20scheme.pdf http://irep.iium.edu.my/56584/1/56584_The%20introduction%20of%20the%20financial%20ombudsman%20scheme_WoS.pdf http://irep.iium.edu.my/56584/9/56584_the%20introduction%20of%20The%20introduction%20of%20the%20financial%20ombudsman_scopus.pdf |
first_indexed |
2023-09-18T21:19:50Z |
last_indexed |
2023-09-18T21:19:50Z |
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