Skip to content
In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

Part X · General Provisions

123. Power to specify standards or guidelines

Feedback & support
(1)

Standards or guidelines may be specified as may be necessary or expedient for carrying out the purposes or provisions of this Act including any supplemental, incidental or consequential matters in relation to this Act.

(2)

Without prejudice to the generality of subsection (1), standards or guidelines may be specified on—

(a)

Shariah matters—

(i)

in respect of the carrying on of any Islamic credit business, affair or activity by an Islamic credit provider which require the ascertainment of

Islamic law by the Shariah Advisory Council;

and

(ii)

to give effect to the advice or ruling of the Shariah

Advisory Council;

(b)

the following matters which do not require the ascertainment of Islamic law:

(i)

Shariah governance including—

(A)

functions, powers and duties of the board of directors, partners and senior management of an Islamic credit provider in relation to compliance with Shariah;

(B)

internal Shariah compliance functions; and

118

(C)

the appointment of a person to advise an Islamic credit provider in ensuring its

Islamic credit business, affairs and activities comply with Shariah;

(ii)

the appointment of an independent person to carry out an audit of Shariah compliance by the Islamic credit provider; and

(iii)

any other matter in relation to the Islamic credit business, affairs and activities of an Islamic credit provider for the purposes of compliance with Shariah;

(c)

the business conduct and credit consumer protection matters including matters set out in section 85; and

(d)

the forms or manner in respect of any matter under this Act.

(3)

Standards or guidelines made under paragraph (2)(a) shall be in accordance with the advice or ruling of the Shariah Advisory

Council.

(4)

For the purposes of subsection (1), the following persons may specify such standards or guidelines:

(a)

a Regulatory and Supervisory Authority in respect of a credit provider or credit service provider regulated by the Regulatory and Supervisory Authority under this Act or any written laws administered by the Regulatory and Supervisory Authority, as the case may be; or

(b)

the Commission in respect of all matters relating to consumer credit as set out under this Act.

(5)

Standards or guidelines specified under this section may relate to all or any class, category or description of persons, and different provisions for different classes, categories or descriptions of persons.

Consumer Credit 119

Report