Entire Section
IFR 1 IFR 1 Introduction
IFR 1.1 IFR 1.1 Application
IFR 1.1.1 IFR 1.1.1
This module (IFR) applies to:
(a) everyPerson who carries on, or holds itself out as carrying on, aFinancial Service in or from theDIFC as in accordance with Shari'a;(b) aDomestic Fund which is operated or held out as being operated as anIslamic Fund ;(c) aPerson making anOffer in or from theDIFC relating to anInvestment which is held out as Islamic or Shari'a compliant.Derived from DFSA RM69/2010 (Made 1st March 2010). [VER1/03-10]
[Amended] DFSA RMI317/2021 (Made 30th June 2021). [VER18/10-21]IFR 1.1.1 Guidance
1. Most of the requirements that apply toPersons conductingFinancial Services or distributingSecurities as Islamic or Shari'a compliant are included in this module. There are other more generic requirements relating to suchFinancial Services or activities that are included in other modules of the DFSA Rulebook.2. To enablePersons carrying on or proposing to carry on Islamic finance activities to easily access the Islamic finance related requirements applicable to their activities, the DFSA has created a web-based Islamic Finance Handbook. This handbook allows electronic navigation to reach the relevant provisions in the IFR and other DFSA Rulebook modules where Islamic finance related requirements applicable to specific Islamic finance activities are located. The handbook is accessible from the DFSA web-site.3. Investment Tokens are Investments defined in GEN A2.1.1(3). An Investment Token is likely to be held out as being Islamic or Shari’a compliant when it is referred to using terms such as ‘Islamic investment token, ‘Islamic security token’, ‘sukuk token’, ‘Islamic fund token’ or any other name that suggests or implies it is Islamic or Shari’a compliant.Derived from DFSA RM69/2010 (Made 1st March 2010). [VER1/03-10]
[Added] DFSA RMI317/2021 (Made 30th June 2021). [VER18/10-21]IFR 1.2 IFR 1.2 Overview of the IFR Module
IFR 1.2 Guidance
1. Rules in this module are made under or for the purposes of a number of laws, including the Regulatory Law 2004, the Law Regulating Islamic Financial Business 2004 and the Collective Investment Law 2010. Guidance may indicate the relevant legislation.2. Chapters IFR 2 and IFR 3 contain the general requirements and obligations that apply to anAuthorised Person who carries on anyFinancial Service asIslamic Financial Business . IFR Chapter 4 contains the accounting and audit requirements that apply to such Persons.3. IFR Chapter 5 contains additional requirements that apply to anAuthorised Firm that carries on theFinancial Service ofManaging Profit Sharing Accounts .4. IFR Chapter 6 contains the additional requirements that apply to aFund Manager of anIslamic Fund .5. IFR Chapter 7 contains specific requirements that apply toReporting Entities whichOffer Securities as Shari'a compliant. However, the general requirements that apply to such Offers with which theReporting Entities must comply continue to be in the Market Rules (MKT module).6. IFR Chapter 8 contains the additional requirements applying toPersons who carry onInsurance Business orInsurance Intermediation asTakaful Insurance .Derived from DFSA RM69/2010 (Made 1st March 2010). [VER1/03-10]
[Amended] DFSA RM72/2010 (Made 11th July 2010). [VER2/07-10]
[Amended] DFSA RM94/2012 (Made 14th June 2012). [VER4/06-12]