THE THOUGHT OF ABU YA’LA CONCERNING FINANCIAL SUPERVISION (STUDY ON THE BOOK OF AL-AHKĀM AL-SULṬĀNIYYAH)

This study aims to find out the thought of Abu Ya'la concerning public finance supervision according to Islamic law in the book of al-Aḥkām al-Sulṭāniyyah. This research is qualitative descriptive research with library research method and juridical-philosophical approach. The results showed that construction of Abu Ya'la's thought on public finance supervision was included in the system of hisbah, i.e. the system of the indication and the possibility to involve two parties; (1) an independent institution created by the government to supervise the financial management of the state, whether structural in the state institutions or independent purely and non-structural; (2) other parties involved in this efforts is society, so that the entire community of people are kindly participated in the oversight efforts. In Abu Ya'la's perspective, a Hisbah institution is not a pro justicia institution that does not have the right to impose criminal or civil sanctions, but has the right to listen to public complaints about the deviation of the state's financial management and cooperate with law enforcement agencies making claims.

Innovative regulating technologies: revision of finance supervision

The global finance crisis of 2008 ushered a new era of finance technologies (fintech) marked by a whole wave of new start-ups supplying new technologies. At the same time the global finance crisis caused a serious reform of finance regulation and considerable revision of finance supervision efficiency. As a result of post-crisis reforms a drastic transformation of the finance market and finance services took place. The author shows that growth in finance technologies raises certain questions for finance bodies, for example, whether it is necessary to extend regulating and supervising perimeter; if new types of digital finance services comply with existing rules; how to identify, estimate, cut and monitor risks of fintech-innovation. There are also questions concerning possible disintermediation caused by finance technologies, which means the exclusion of mediators from production and sale chain, i.e. selling products directly to customers without wholesale and retail resellers and potential impact on finance stability as well as new ways of central banks functioning. And finally, another question, if risks to cyber-security and data protection are well understood, managed and reduced.