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A Rulebook for an Industry With No Single Code

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A Rulebook for an Industry With No Single Code

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

When six Islamic financial institutions sat down in Algiers in February 1990 to sign the agreement that became AAOIFI, they were solving a problem that had been quietly slowing their entire industry down. Islamic banks and takaful insurers had grown up across dozens of countries through the 1970s and 1980s, each working out for itself, often bank by bank, what actually satisfied the underlying prohibitions on riba, interest, and gharar, excessive uncertainty. A murabaha cost-plus sale structure a Malaysian bank considered clean might be waved off by a scholar reviewing a similar product in Bahrain. Auditors had no shared standard to check against. Investors moving money between markets had no way to compare one institution's Shariah compliance claims against another's.

AAOIFI, registered in Bahrain in March 1991, exists to close exactly that gap, and it is worth being precise about what kind of body it is. It is not a court, a legislature, or a religious authority in its own right; it is a private, member-funded standard setter, closer in function to an international accounting standards board than to a fatwa council, even though its standards translate the substance of Islamic legal prohibitions into rules an auditor can actually test a balance sheet against. Its 131 standards and technical pronouncements cover Shariah compliance itself, but also ordinary accounting treatment, auditing procedure, professional ethics and institutional governance, because a genuinely comparable Islamic bank needs all four to line up the same way a conventional bank's do.

What gives the standards teeth varies enormously by country, and that variation is itself instructive for anyone trying to understand how transnational private regulation actually works. Bahrain and Sudan require comprehensive compliance as a matter of law. Forty-seven other regulatory authorities across forty-two countries adopt or reference the standards in some more partial way, sometimes for specific products, sometimes as a benchmark examiners consult without a binding legal requirement to follow it. Everywhere else, an institution that follows AAOIFI standards is making a voluntary claim about its own rigor, one its Shariah supervisory board and outside auditors are expected to be able to defend. The result is a financial regulatory system built almost entirely from the bottom up, member institution by member institution, rather than handed down by a single sovereign or a single religious authority, which is unusual enough among the world's regulatory bodies to be worth a comparative lawyer's attention on its own terms.

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