Posted on Leave a comment

The fatwa lag: How AI is overtaking the system designed to govern Islamic finance

A sharia bank in Jakarta asked me last quarter whether their new credit scoring model needed Sharia Supervisory Board review. They had deployed it three months earlier, trained on five years of their own portfolio data, and were preparing to roll it out across their consumer financing book. The risk committee was satisfied. Nobody had asked the sharia supervisory board.

That conversation is the part of Islamic finance’s AI story we have not yet written honestly.

I have spent four years inside sharia risk policy at Indonesian banks, and fifteen years across the country’s financial functions. The structures that govern sharia finance — fatwa, supervisory boards, classical jurisprudence applied to modern instruments — are robust at what they were designed to govern. They were not designed to govern algorithms that retrain themselves quarterly. The gap between what these institutions can review and what their banks are deploying is widening faster than anyone inside the system is willing to name.

I would call it the fatwa lag.

The structure that worked

Every sharia banking product, across the major Islamic finance markets, must pass through a formal sharia review before launch. In Indonesia, that means a fatwa from the National Sharia Council (DSN-MUI). At the institution level, every sharia bank operates with an independent Sharia Supervisory Board (DPS) that reviews products, contracts, and operational practices against classical jurisprudence.

The system has, for decades, worked. It has prevented riba from creeping into modern Islamic banking products. It has flagged gharar — excessive uncertainty — and maysir, speculation, inside derivative-like instruments that conventional finance accepted without question.

What it has not faced before is a class of products that change their own logic between fatwa hearings.

Also Read: In SEA, Millennial Muslims in Indonesia are more confident about using AI for travel: HHWT

Where AI breaks the system

Three problems are emerging quickly enough to deserve naming while there is still time to design around them.

The black-box gharar problem. Sharia explicitly prohibits gharar in contracts and transactions. When a customer is denied financing by a machine learning model that nobody at the bank can fully explain, the basis of the decision is opaque. Conventional finance has been wrestling with this through model explainability tools. Sharia finance faces a sharper version of the same question: at what level of opacity does a decision become non-compliant by virtue of the uncertainty alone?

The fatwa cycle versus the model cycle. A new sharia banking product typically takes six to eighteen months to receive a DSN-MUI fatwa. A credit model can be retrained quarterly, sometimes monthly. The current version of the model is therefore almost never the version that received scholarly review. The bank assumes the principle approved in the original fatwa survives across retraining cycles. In many cases, it does. In some cases, it cannot.

The board capacity gap. Sharia Supervisory Boards across ASEAN are composed of distinguished scholars — masters of classical jurisprudence, often with limited exposure to model architectures, training data biases, or drift monitoring. The review process was designed around contracts, not statistical artefacts. Asking these boards to certify AI-driven products in their current form is asking them to review what they were never trained to read.

What is starting to happen

A few institutions are quietly responding.

Joint sharia-and-model reviews. A small number of leading sharia banks now run parallel reviews — one by the DPS, one by the model risk function — and reconcile the two before deployment. The process is slow. It is also producing the most defensible decisions.

Bilingual practitioners. The most valuable people in this space are the ones with both sharia training and quantitative risk fluency. Universities in Indonesia, Malaysia, and the Gulf are beginning to design joint programmes, but the first graduates are years from sufficient seniority.

Conservative model design. Some sharia banks deliberately choose simpler, more explainable model classes for sharia products — accepting a small loss in predictive accuracy for the ability to defend each decision to the DPS. The institutions doing this do not advertise it publicly. It is the right instinct.

Also Read: Seasonal product cycles: Why some features only work at certain times

What the framework should look like

A serviceable AI compliance framework for Islamic finance would need at least three components.

A standing AI advisory protocol inside each Sharia Supervisory Board, with bilingual practitioners attached for technical translation. The classical scholarly authority remains on the board. The technical literacy that informs it sits beside.

A version-aware fatwa system. Rather than approving a model once at deployment, fatwas for AI-driven products should specify the boundary conditions under which the fatwa remains valid — training data scope, model class, performance envelope. Re-training inside those bounds requires no new fatwa. Re-training outside them does.

Cross-jurisdictional coordination. The DSN-MUI, the Shariah Advisory Council at Bank Negara Malaysia, and equivalents across the Gulf are wrestling with the same problem in isolation. A shared registry of approved AI compliance approaches, even at the level of guidance, would accelerate the system as a whole.

The macro stakes

Indonesia is the largest Muslim-majority economy in the world. Malaysia, Brunei, and the southern Philippines are growing sharia finance markets. The Gulf states host the deepest pool of sharia compliance scholarship globally. Each is now deploying AI inside financial services at the same pace as conventional banking — without the same maturity of risk infrastructure designed for the questions AI raises.

The Islamic finance system has spent forty years proving that principles can govern modern markets without being compromised. The next decade will test whether those principles can also govern markets that change their own logic between reviews. The institutions that answer that question first will set the standard. The ones that wait will inherit one.

Editor’s note: e27 aims to foster thought leadership by publishing views from the community. You can also share your perspective by submitting an article, video, podcast, or infographic.

The views expressed in this article are those of the author and do not necessarily reflect the official policy or position of e27.

Join us on WhatsAppInstagramFacebookX, and LinkedIn to stay connected.

The post The fatwa lag: How AI is overtaking the system designed to govern Islamic finance appeared first on e27.

Leave a Reply

Your email address will not be published. Required fields are marked *