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36 SECTION 7: THE DIFC’s ISLAMIC FINANCE REGIME: COMPARATIVE POSITION Challenges and opportunities ahead for Islamic finance There are a number of key strengths of the DIFC’s operating environment for the offer of Islamic Finance in or from the DIFC starting with its regulatory regime. The DFSA’s regulatory regime for Islamic Finance is based on the importance of implementing regulatory standards according to international best practice, whilst ensuring that this incorporates an appropriate structure for Islamic Finance to provide a sufficient degree of Shari’a oversight that may not be prescribed in widely-used international standards.

Listing on the DIFX The DIFC boosts its own international financial exchange which is home to the worlds largest Sukuk market. Under the provisions of the DIFC Markets Law, and the DFSA Authorised Market Institution Rules (AMI Module), the DFSA requires the DIFX to put in place appropriate listing requirements 33 and business requirements. The DIFX has therefore implemented the DIFX Listing Rules and DIFX Business Rules. The DIFX currently provides a platform for the listing and trading of securities which are admitted to the official list of securities maintained by the exchange.

Consequently the DFSA is able to view regulatory issues across the market as a whole and is able to identify and respond more efficiently than perhaps a sectoral regulator where regulatory overlap may occur. Additionally, certain Islamic finance products are cross-sectoral in nature. For example, certain products, such as Profit Sharing Investment Accounts (PSIA) are treated in some jurisdictions as hybrid banking and capital market products. A cross-sectoral, unitary regulator, like the DFSA is able to address these risks more effectively.

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A Guide To Islamic Finance : In Or From The DIFC by DIFC Incorporated LLP

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