Maruf Adeniyi Nasir, Dato’ Ng See Teong


The dangerous dimension which the terrorism financing incursion introduced to peace and harmonious life globally makes the issue of money laundering and combatting financing terrorism (AML/CFT) a serious phenomenon. The compliance with the AML/CFT laws now generates global interest. Assessment of whether Islamic banks are complying with AML/CFT compliance measures becomes a grave issue that require attention particularly against the background of allegation by Western countries of lax control and supervision. This is probably because of the havoc that the world has continuously experienced as a result of this menace. The issue has continued to come in different dimensions and like a Siamese twin, the banks have become the focal point and inseparable in the issue of how to combat this menace. Incidentally, the increase in the growth and development of Islamic banks across the globe has dragged it to the centre of discussion. Thus, there have being a recurring issue on Islamic financial institutions regarding its compliance with Anti-money laundering laws and Combating Financing Terrorism (AML/CFT) measures. There were allegations of non-compliance with AMLCFT laws by Islamic banks, particularly by some Western countries led by the United States of America. Consequently,  the issue of combatting money laundering and terrorism has become a major issue in the global domain. This paper has extensively examined the allegation of non-compliance of Islamic banks with AML/ CFT laws. This is done by beaming searching light on the growing perception of lax in the control, monitoring, weak supervision, and non-compliance of Islamic banks with AML/CFT measures that is been spearheaded by some western countries, led by the US. Thus, by using the doctrinal research methodology, the paper sought to determine the veracity of the allegation and incidentally found that the allegation is not only baseless but lacks empirical evidence. 


Islamic Banking, Non-compliance, Money Laundering and Terrorism Financing

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Ali, S Nazim, and Abdur Rahman Syed. “Post-9/11 Perceptions of Islamic Finance.” International Research Journal of Finance and Economics 39 (2010): 27–39.

Ariff, Mohamed. Islamic Banking, 1988.

Associate, By, Mohammad Akram, and Hafas Furqani. “NEW HORIZON Jamatul Thani - Sha ’ Ban 1434 The Objective of the Shari ’ Ah in Islamic Finance : Identifying the Ends and the Means,” n.d., 26–31.

Beracah Majanga, Byson. “Is Time Ripe to Adopt Islamic Financial Systems in Secular Developing Countries? A Review of Literature.” Global Journal of Management And Business Research 15, no. 8 (2015).

Bexley, James B, Balasundram Maniam, and Joe F James. “Perception of Islamic Financial System: Its Obstacles in Application, and Its Market.” In Allied Academies International Conference. Academy of Accounting and Financial Studies. Proceedings, 5:1. Jordan Whitney Enterprises, Inc, 2000.

Bourne, Jane. “Money Laundering: What Is Being Done to Combat It-A Comparative Analysis of the Laws in the United States of America, the United Kingdom and South Africa.” S. Afr. Mercantile LJ 14 (2002): 475.

DemAetis, D S. “Technology and Anti-Money Laundering: A Risk-Based and Systems Theory Approach.” Edward Elgar, Cheltenham, 2010.

Demetis, Dionysios S. “Fighting Money Laundering with Technology: A Case Study of Bank X in the UK.” Decision Support Systems 105 (2018).

Drakos, Konstantinos. “Terrorism-Induced Structural Shifts in Financial Risk: Airline Stocks in the Aftermath of the September 11th Terror Attacks.” European Journal of Political Economy 20, no. 2 (2004): 435–46.

Drakos, Kostas, and Andreas Gofas. “The Determinants of Terrorist Activity: A Simple Model for Attack Occurrence across Space and Time.” In Conference on the Political Economy of Terrorism, University of Southern California, 2004.

Force, Financial Action Task. “Methodology for Assessing Compliance with the FATF 40 Recommendations and the FATF 9 Special Recommendations.” Paris, Www. Fatf-Gafi. Org, 2004.

———. “The Forty Recommendations,” 2003.

Hamin, Z, M B Othman, and S Kamaruddin. “The Evolution of the Anti-Money Laundering and Anti-Terrorism Financing (AML. ATF) Regime in Malaysia.” In International Conference on Law, Policy and Social Justice, 10–11, 2014.

Hamin, Zaiton, Wan Rosalili Wan Rosli, Normah Omar, and Awang Armadajaya Pengiran Awang Mahmud. “Configuring Criminal Proceeds in Money Laundering Cases in the UK.” Journal of Money Laundering Control 17, no. 4 (2014): 374–84.

Isa, Yusarina Mat, Zuraidah Mohd Sanusi, Mohd Nizal Haniff, and Paul A Barnes. “Money Laundering Risk: From the Bankers’ and Regulators Perspectives.” Procedia Economics and Finance 28, no. April (2015): 7–13.

Kammer, Mr Alfred, Mr Mohamed Norat, Mr Marco Pinon, Ananthakrishnan Prasad, Mr Christopher M Towe, and Mr Zeine Zeidane. Islamic Finance: Opportunities, Challenges, and Policy Options. International Monetary Fund, 2015.

Kyriakos-Saad, Nadim, Manuel Vasquez, Chady El Khoury, and Arz El Murr. “Islamic Finance and Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT),” 2016.

Ladan, Muhammed Tawfiq. “Appraisal of Legal, Regulatory and Institutional Frameworks in Combating Money Laundering and Terrorism Financing in Nigeria,” 2013.

Maruf Adeniyi Nasir and Norhashima Mohd Yasin. “An Appraisal of Anti-Money Laundering Concept in Islamic Law.” Miyetti Quarterly Law Review 2, no. 4 (2017): 35–66.

Maruf Adeniyi Nasir, Norhashima Mohd Yasin and Yazid Mohd bin Kepli. “Anti-Money Laundering (AML) Legal Framework: The Shari’ah Perspective.” Journal of Islamic Law Review 13, no. No. 2 (2017): 211–32.

Naceur, Sami Ben, Adolfo Barajas, and Alexander Massara. “Can Islamic Banking Increase Financial Inclusion?,” 2015.

Nasir, Maruf Adeniyi. “Anti-Money Laundering Laws: The Sharia Perspectives.” In International Seminar on Islamic Jurisprudence in Contemporary Society. Kuala Terranganu, Malaysia: Universiti Sultan Zainal Abidin, 2017.

———. “Compatibility of Islamic Finance and Anti-Money Laundering Laws: A Myth or Reality?” IIUM Law Journal 26, no. 1 (2018): 55.

———. “Global Perspectives on AML/CFT Risks in Islamic Banking Institutions: Facts or Fallacy?” In 6th International Conference on Islamic Jurisprudence in the 21st Century, 544–58. Kuala Lumpur, Malaysia., 2017.

———. “Islamic Finance and Anti-Money Laundering: A Myth or Reality?” In 5TH ASEAN University International Conference on Islamic Finance, 61–73. Jerudong, Brunei Darussalam, 2017.

Omar, Normah. “Terrorist Financing and Perceeptions on Islamic Financial Institutions,” 2010.

Razzano, Frank C. “American Money Laundering Statutes: The Case for a Worldwide System of Banking Compliance Programs.” J. Int’l L. & Prac. 3 (1994): 277.

Said, Jamaliah, Erlane K Ghani, Normah Omar, and Sharifah Norzehan Syed Yusuf. “Money Laundering Prevention Measures among Commercial Banks in Malaysia.” International Journal of Business and Social Science 4, no. 5 (2013).

Sampathkumar, Mythili. “UN Jerusalem Vote: General Assembly Rules against US, Declaring Recognition of Israel Capital ’null and Void.” Independent. 2017.

Shanmugam, Bala, and Haemala Thanasegaran. “Combating Money Laundering in Malaysia.” Journal of Money Laundering Control 11, no. 4 (2008): 331–44.

Sullivan, John L, and Henriët Hendriks. “Public Support for Civil Liberties Pre-and Post-9/11.” Annual Review of Law and Social Science 5 (2009): 375–91.

Trakic, Adnan, and Hanifah Haydar Ali Tajuddin. Islamic Banking & Finance: Principles, Instruments & Operations. CLJ Publication, 2016.

Yasin, Norhashimah Mohd. Legal Aspects of Money Laundering in Malaysia from the Common Law Perspective. Lexis Nexis, 2007.

———. “Regulation of Islamic Banks and Allegations of Lax Control of Money-Laundering.” Journal of Islamic Law Review 4 (2008).

———. “Statutory Obligations for Banks to Comply with the Anti-Money Laundering Legislation in Malaysia: Lessons from the United Kingdom.” Journal of Banking Regulation, 2014.

———. “Statutory Obligations for Banks to Comply with the Anti-Money Laundering Legislation in Malaysia: Lessons from the United Kingdom.” Journal of Banking Regulation 16, no. 4 (2015): 326–44.

Yazid Mohd Bin Kepli. “The Common Mistakes in Combating Terrorism Financing.” International Journal of Business, Economic and Law 10, no. 2 (2016).

Yazid Mohd Bin Kepli and Nasir Maruf Adeniyi. “Money Laundering: Analysis of Placement Methods.” International Journal of Business, Economics and Law 11, no. 5 (2016): 32–40.



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