CHAPTER Regulation of Islamic Financial Institutions Firms in the financial services industry, especially banks and insurance companies, are subject to various forms of regulation. As the financial services industry has advanced, the regulation of the industry has also become more experienced, complex and dynamic. The nature of regulation of any industry can be understood by asking the questions why is regulation required?, what needs to be regulated?, and finally how to regulate? The rationale for regulation (i.e., Why") is the same for Islamic Financial Institutions (IFIs) as for conventional financial institutions but there are visible differences in the "what" and "how" questions. Diverse views on the need for regulation in conventional finance range from positions of almost total opposition to any regulation, to the justification of broad, intrusive regulation. The arguments for the regulation of conventional financial services include the public good, mitigation of systemic nsk, the protection of depositors, and the integrity of fiduciary contracts
Public Good View. One view of regulation is that it provides a Public public good that the market cannot supply on its own. This perspective proceeds from two premises. The first that the objective of prudential regulation is the mitigation of risks taken by the stakeholders (e.g., depositors) unable to undertake on their own the necessary due diligence to assess these risks. Some stakeholders have sufficient investment to these assessments on their own and would not, in principle, need, same the pport of public regulation, except for transparency and disclosure