Dispute Resolution In Islamic Finance

Author : Adnan Trakic,John Benson,Pervaiz K Ahmed
Publisher : Routledge
Page : 196 pages
File Size : 52,6 Mb
Release : 2019-01-22
Category : Business & Economics
ISBN : 9781351188890

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Dispute Resolution in Islamic Finance by Adnan Trakic,John Benson,Pervaiz K Ahmed Pdf

Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.

Author : Anonim
Publisher : Unknown
Page : 197 pages
File Size : 41,6 Mb
Release : 2009
Category : Banking and banking
ISBN : 9834416946

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Dispute Resolution in Islamic Banking by Anonim Pdf

Author : Rafay, Abdul
Publisher : IGI Global
Page : 888 pages
File Size : 45,7 Mb
Release : 2019-12-27
Category : Business & Economics
ISBN : 9781799802204

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Handbook of Research on Theory and Practice of Global Islamic Finance by Rafay, Abdul Pdf

As an emerging global phenomenon, Islamic economics and the financial system has expanded exponentially in recent decades. Many components of the industry are still unknown, but hopefully, the lack of awareness will soon be stilled. The Handbook of Research on Theory and Practice of Global Islamic Finance provides emerging research on the latest global Islamic economic practices. The content within this publication examines risk management, economic justice, and stock market analysis. It is designed for financiers, banking professionals, economists, policymakers, researchers, academicians, and students interested in ideas centered on the development and practice of Islamic finance.

Author : Camille Paldi
Publisher : Unknown
Page : 156 pages
File Size : 47,5 Mb
Release : 2019-12-06
Category : Electronic
ISBN : 1096353571

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Dispute Resolution in Islamic Finance: Problems and Solutions by Camille Paldi Pdf

As the Islamic finance industry is growing annually at a rate of 10% to 15% per year, it is imperative that a unique, independent, legal framework is established in order to effectively adjudicate Islamic finance disputes, sukuk bankruptcies, and takaful disputes. The aim of this book is to explore the role of the proposed Dubai World Islamic Finance Arbitration Center ("DWIFAC") and its' jurisprudence office ("DWIFACJO") plus the Sukuk Bankruptcy Tribunal ("SBT") and the Takaful Tribunal ("TT") as the dispute resolution center of the Islamic finance industry. The objective of the book is to show how using a common law jurisdiction inadvertently transforms Islamic financial transactions into conventional disputes. Through case analysis combined with an exploration of the efficacy of existing arbitration centers and dispute resolution methods available to Islamic finance, this book will seek to reveal that the Islamic finance industry currently lacks an adequate dispute resolution mechanism and facility to adjudicate disputes arising from Islamic finance contracts including sukuk and takaful contracts.

Author : David Eisenberg
Publisher : OUP Oxford
Page : 470 pages
File Size : 55,6 Mb
Release : 2012-03-22
Category : Law
ISBN : 9780191630897

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Islamic Finance by David Eisenberg Pdf

This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.

Author : Hakimah Yaacob
Publisher : Unknown
Page : 200 pages
File Size : 42,9 Mb
Release : 2012
Category : Finance
ISBN : 9671031862

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Alternative Dispute Resolution (ADR) by Hakimah Yaacob Pdf

Author : Umar A. Oseni,S. Nazim Ali
Publisher : Routledge
Page : 292 pages
File Size : 53,9 Mb
Release : 2019-06-07
Category : Business & Economics
ISBN : 9781351025560

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Fintech in Islamic Finance by Umar A. Oseni,S. Nazim Ali Pdf

Featuring high-level analysis of Islamic law, this book examines fintech in Islamic finance from both theoretical and empirical perspectives. Whilst building on existing approaches, it also discusses the current application of fintech in promoting financial inclusion through innovative solutions in Muslim-majority countries, identifying future directions for policy-makers. With original chapters written by prominent academics, senior lawyers and practitioners in the global Islamic finance industry, this book serves as the first standalone pioneering reference work on fintech in Islamic finance. It also, for the first time, examines the position of Islamic law on cryptocurrencies, such as bitcoin. Besides the conceptual analysis of the Sharīʿah and legal aspects of fintech in Islamic finance, this book provides relevant case studies showing current and potential developments in the application of fintech in various sectors ranging from crowdfunding and smart contracts, to Online Dispute Resolution, Investment Account Platform and identity verification in the KYC process. Setting the agenda for researchers in the field, Fintech in Islamic Finance will be useful to students and scholars of Islamic finance and financial technology.

Author : Miss Inutu Lukonga
Publisher : International Monetary Fund
Page : 39 pages
File Size : 52,9 Mb
Release : 2015-05-18
Category : Business & Economics
ISBN : 9781513577975

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Islamic Finance, Consumer Protection, and Financial Stability by Miss Inutu Lukonga Pdf

Consumer protection and financial literacy are essential pillars of a well functioning and stable financial system. As the global financial crisis demonstrated, inadequate attention to consumer protection and financial literacy can lead to financial instability. Though Shari’ah principles provide a strong foundation for consumer protection, the principles alone cannot provide adequate protection because not all providers are guided by ethical precepts and the practices have deviated from the principles. To safeguard the stability of the Islamic finance industry, consumer protection frameworks that cater to the specifics of Islamic financial products should be an integral part of regulatory frameworks.

Author : Hussain Mohi-ud-Din Qadri,M. Ishaq Bhatti
Publisher : Routledge
Page : 346 pages
File Size : 45,8 Mb
Release : 2019-08-23
Category : Business & Economics
ISBN : 9780429553035

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The Growth of Islamic Finance and Banking by Hussain Mohi-ud-Din Qadri,M. Ishaq Bhatti Pdf

This book covers the recent literature concerning Islamic banking and finance (IBF), focuses on the history of IBF since its inception and introduces the latest innovative concepts and practices in the field. The authors cover important topics such as the role of ownership, Shari`ah compliance and governance structures in raising debt capital using IBF practices, including Fatwa issues and the use of benchmarking practices. The book also addresses topics like archival data, the influence of leverage on ownership structure, and sukuk structures, as well as misconceptions, threats, challenges and opportunities in IBF. Finally, the book deals with prominent issues such as business score-carding, Takāful (Islamic Insurance), IBF implications for block-chain-based fintech and finance hub concepts in Islamic microfinance models. This edited volume is an important contribution to the IBF literature as it provides a much-needed in-depth look into industry practices through the perspective of corporate finance and governance. With its interdisciplinary approach covering legal and financial issues along with a wide variety of notable contributors, this book will be a valuable reference guide to both teachers and students of Islamic banking and economics.

Author : Ayesha Bhatti,Saad Azmat
Publisher : Routledge
Page : 112 pages
File Size : 40,6 Mb
Release : 2018-12-12
Category : Business & Economics
ISBN : 9781317064084

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Rethinking Islamic Finance by Ayesha Bhatti,Saad Azmat Pdf

Islamic finance’s phenomenal growth owes to the Shariah compliant nature of its financial instruments. Shariah forbids the charging of interest (Riba) and instead promulgates risk-sharing and trade-based modes of financing. The Islamic financial industry has been subject to both critique and admiration. Critics argue that Islamic instruments (bearing debt-based structures) differ from their conventional counterparts only in legal lexicon and not in economic impact. The admirers argue that such instruments, irrespective of wider economic implications, rigorously comply with ‘juristically sound’ Islamic principles. This book aims to reconcile the above dispute. It argues that the financial impact of instruments is a consequence of the way they are priced and structured. The similarity in pricing and structures is an outcome not of the underlying Islamic financial modes but of the competitive environment in which Islamic instruments compete. Even risk-sharing and trade-based Islamic structures, if implemented in such an environment, would have a financial impact similar to that of conventional instruments. This book has a wider appeal for both academic and non-academic audiences. It can complement undergraduate and graduate courses as an additional reading on the intricacies of Islamic financial instruments and markets. For PhD students, it would help identify future research areas. To non-academics, it offers a deeper understanding regarding the working of the Islamic finance industry.

Author : S. Nazim Ali,Shariq Nisar
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 45,8 Mb
Release : 2016-07-27
Category : Social Science
ISBN : 9781785363368

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Takaful and Islamic Cooperative Finance by S. Nazim Ali,Shariq Nisar Pdf

Islamic finance distinguishes itself from conventional finance with its strong emphasis on the moral consequences of financial transactions; prohibiting interest, excessive uncertainty, and finance of harmful business. When it comes to risk mitigation, it is unique in its risk sharing approach.

Author : Ahcene Lahsasna
Publisher : John Wiley & Sons
Page : 243 pages
File Size : 55,5 Mb
Release : 2014-04-02
Category : Business & Economics
ISBN : 9781118796863

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Shari'ah Non-compliance Risk Management and Legal Documentations in Islamic Finance by Ahcene Lahsasna Pdf

A comprehensive guide to one of the key risk management issues in the expanding field of Islamic finance For Islamic financial institutions, Sharia non-compliance is a growing and key risk that must be carefully managed. This book offers a thorough look at non-compliance risk and explains the legal documentation necessary to ensure compliance for professionals in the Islamic finance industry. In addition, the book offers helpful guidance and understanding for the legal departments of Islamic financial institutions, as well as lawyers, legal firms, Shariah advisors, Shariah officers, and students studying Islamic finance. The book covers fundamental concepts, major risk elements, tools and techniques for identifying non-compliance, legal documentation, and the impact of non-compliance, among other vital topics. Offers comprehensive coverage of the growing field of non-compliance risk management in Islamic finance Includes in-depth coverage of legal documentation Written by an expert on the topic who teaches at INCEIF, The Global University for Islamic Finance and IIUM, International Islamic University of Malaysia in Malaysia

Author : Jeffrey Golden,Carolyn Lamm
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 48,7 Mb
Release : 2015
Category : Law
ISBN : 0199687862

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International Financial Disputes by Jeffrey Golden,Carolyn Lamm Pdf

The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.

Author : Khairuddin Abdul Rashid,Kiyoshi Kobayashi,Sharina Farihah Hasan,Masamitsu Onishi
Publisher : World Scientific
Page : 344 pages
File Size : 40,5 Mb
Release : 2018-10-19
Category : Technology & Engineering
ISBN : 9789813238923

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Concept And Application Of Shariah For The Construction Industry: Shariah Compliance In Construction Contracts, Project Finance And Risk Management by Khairuddin Abdul Rashid,Kiyoshi Kobayashi,Sharina Farihah Hasan,Masamitsu Onishi Pdf

The application of Shariah compliance in business transactions continues to increase. The Asian financial crisis of 1997, global financial crisis of 2007-2008, Enron scandal and other reported ills besieging conventional business transactions have led to advocates of Shariah-compliant business transactions promoting the latter as a credible alternative. However, unlike the banking, commerce and financial sectors, the uptake by the construction sector was sluggish due to limited understanding of Shariah among the practitioners and policymakers compounded by the lack of research and publications on its application for the construction sector.This book is intended for students, researchers, practitioners and policymakers of the construction industry as well as the related upstream and downstream activities. It offers basic theories, challenges current practices, and proposes innovative ideas on Shariah compliance and its application for the construction industry.Related Link(s)

Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 51,6 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475

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Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.