the Role of Jurisprudential Specialized Council in the Advancement of Level of Legalization and Competence of Islamic Banks (A Study of Experiences of a Few Islamic Countries)

The conceivers of Islamic banks expected that, removal of interest from the funds’ collection and utilization methods and using Islamic contracts, will secure banking from the accusations of usury. The variety of customer needs with respect to deposits and finance, disagreements in identifying the suitable Islamic contracts for them, differences in juristic opinions, differences in the understanding of banking issues among the jurisprudents, and numerous other factors give birth to a phenomenon in Islamic banking, known as the Shariah risk. Today the mere claim of being Islamic, does not give any reliability to a bank’s transactions. On the other hand, through the invention of a variety of modern instruments, the banking industry continues to cover various and everchanging needs of economic agents, and is finances economic plans and projects. Reliance on regular banking instruments has brought the competence of Islamic banks under doubt and will gradually remove it from the competition arena. Through a descriptive and matter-analysis method, this article follows this supposition that creation of a Jurisprudential Council, will promote the level of legality and competence of Islamic banks. Such an institute, with a supervision over harmoniousness of banking laws and activity with Islamic rules, will help bankers feel confident in themselves, create an environment of confidence for the customers, will reduce the Shariah risk, and, on the other hand, by updating the Laws of Banking Activities and designing new financial tools, will increase the competence of Islamic banks.