نوع مقاله : مقاله پژوهشی
1 دانشیار پژوهشگاه فرهنگ و اندیشه اسلامی.
2 کارشناسارشد پژوهشکده پولی و بانکی و دانشجوی دکترای رشته اقتصاد دانشگاه امام صادق
عنوان مقاله [English]
Jurisprudential surveillance has been considered as one of the major components of the proper implementation of Riba-free banking policies, and is industriously accomplished in nearly all of the countries which have somehow proceeded to float Islamic and Riba-free banks. There are some serious deficiencies in this connection in the Iranian banking system, the most important one of which is the Riba-free Banking Operations Law and the other relevant regulations and laws' being silent in this regard.
In this research, which has been done by the descriptive-analytical method, we have proceeded to analyze the issue of the existing banking relations' being correspondent with the jurisprudential standards, and some policy recommendations in connection with implementing the jurisprudential surveillance on the Iranian banks and non-bank credit institutions have been proposed. Furthermore, in order for the judicial grounds of jurisprudential surveillance to be provided, we have presented an exemplar of the necessary regulations and laws in the three following levels: "adding a new separate chapter in the field of jurisprudential surveillance to the Riba-free Banking Operations Law", "formulating a statute for implementing this judicial chapter in order for the central bank's jurisprudential assembly to be formed," and "preparing jurisprudential surveillance checklists for bank branches".
11. IFSB; “Guiding principles on Sharia governance system for institutions offering Islamic financial services”; Kuala Lumpur: Islamic Financial Services Board, 2009.
12. Zulkifli, H; “Regulatory Framework of Shari’ah Governance System in Malaysia, GCC Countries and the UK”; Kyoto Bulletin of Islamic Area Studies, Vol. 3, 2010.
13. Zulkifli, H; “A survey on Shari’ah governance practices in Malaysia, GCC countries and the UK: Critical appraisal”; International Journal of Islamic and Middle Eastern Finance and Management, Vol. 4, 2011.
14. AAOIFI; Accounting, Auditing and Governance Standards for Islamic Financial Institutions; Bahrain: Accounting and Auditing Organization for Islamic Financial Institutions, 2010.
15. Landeta, J.; “Current validity of the Delphi method in social sciences”; Technological Forecasting and Social Change, V. 73, N. 5, 2006.
16. Okoli, C., Pawlowski, S.D.; “The Delphi method as a research tool: an example, design, considerations and applications”; Information and Management, Vol. 42, 2004.
17. Rowe, M., Wright, N.; “The Delphi technique as a forecasting tool: issues and analysis”; International Journal of Forecasting, V. 15, 1999.
18. Rowe, M., Wright, N.; Expert Opinions in Forecasting: Role of the Delphi Technique; Boston: Kluwer Academic Publishers, 2001.
19. Tapio, P.; “Disaggregative Policy Delphi: Using cluster analysis as a tool for systematic scenario formation”; Technological Forecasting and Social Change, V. 70, 2003.
20. Theodore, J., Gordon, M.; The Millennium Project: Futures Research Methodology; New York: Amer Council for the United Nations, 2009.