Islamic Finance And Law

Author : David Eisenberg
Publisher : OUP Oxford
Page : 470 pages
File Size : 44,6 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 : Mahmoud A. El-Gamal
Publisher : Cambridge University Press
Page : 239 pages
File Size : 42,7 Mb
Release : 2006-07-03
Category : Business & Economics
ISBN : 9781139457163

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Islamic Finance by Mahmoud A. El-Gamal Pdf

This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.

Author : Maha-Hanaan Balala
Publisher : Bloomsbury Publishing
Page : 230 pages
File Size : 47,6 Mb
Release : 2010-10-30
Category : Business & Economics
ISBN : 9780857719058

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Islamic Finance and Law by Maha-Hanaan Balala Pdf

Islamic commercial and financial practice has not experienced the trial-and-error style of development that has characterised the development of the common law in the English-speaking world. Many of the principles, rules and practices prevalent in the Islamic law of contract, commerce, finance and property remain the same as those outlined by the Quran and the Prophet Muhammad, and expounded by scholars of jurisprudence as far back as the 13th century, despite the advancement in time and sophistication of commercial interaction. Hanaan Balala here demonstrates how, in order to bridge the gap between the principles outlined by the Quran and the Prophet in the 7th century and commercial practice in the 21st century, Islamic finance jurisdictions need to open themselves to learning from the experience (including the mistakes) of the English common law. 'Islamic Finance and Law: Theory and Practice in a Globalized World' provides an analysis of the fundamental principles underlying the Islamic law of contract and commercial practice in comparison with their equivalents in common law in the English-speaking world. It seeks to draw parallels (and differences where appropriate) to facilitate the growth and development of Islamic commercial and financial law globally.

Author : Frank E. Vogel,Samuel L. Hayes
Publisher : BRILL
Page : 358 pages
File Size : 54,8 Mb
Release : 1998-01-01
Category : Business & Economics
ISBN : 9041105476

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Islamic Law and Finance by Frank E. Vogel,Samuel L. Hayes Pdf

Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the "Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest "(riba) and speculation "(gharar). "Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.

Author : Ayesha Bhatti,Saad Azmat
Publisher : Routledge
Page : 112 pages
File Size : 53,8 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 : Umar A. Oseni,M. Kabir Hassan,Rusni Hassan
Publisher : Emerald Group Publishing
Page : 378 pages
File Size : 54,6 Mb
Release : 2019-08-26
Category : Business & Economics
ISBN : 9781789735475

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Emerging Issues in Islamic Finance Law and Practice in Malaysia by Umar A. Oseni,M. Kabir Hassan,Rusni Hassan Pdf

Through a thorough analysis of emerging legal and regulatory issues in Islamic finance law and practice in Malaysia, this exciting new study covers issues such as blockchain technology, anti-money laundering, and FinTech in Islamic finance.

Author : Syed Nazim Ali
Publisher : Debolsillo
Page : 230 pages
File Size : 55,5 Mb
Release : 2005
Category : Banking law (Islamic law)
ISBN : UOM:39015063256492

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Islamic Finance by Syed Nazim Ali Pdf

Author : Humayon A. Dar,Umar F. Moghul
Publisher : Harriman House Limited
Page : 372 pages
File Size : 42,5 Mb
Release : 2012-01-09
Category : Business & Economics
ISBN : 9780857192004

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The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance by Humayon A. Dar,Umar F. Moghul Pdf

Unprecedented economic growth and wealth accumulation in predominately Muslim countries have prompted many financial institutions in the US and Europe to position their investment teams across the Middle East and Asia to be closer to the markets in which they invest, and to take advantage or asset-gathering opportunities. This growth has also encouraged an increasing number of western industrialised countries to adopt legislation that responds to the requirements of the Musli investment community. To be effective in these markets it is essential that professionals have an understanding of how Shari'a legal principles are applied in the financial sector. Failure to do so exposes them and their clients to potential financial, legal and reputational pitfalls. The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance is the first professional reference to focus specifically on the legal dimension of Islamic Finance. The guide brings together nineteen Islamic Finance legal practitioners and advisers to provide a comprehensive yet practical legal perspective on the subject. Each contributor draws on several years' hands-on experience in Islamic Finance product development and advice to leading financial institutions to provide a real-world, contemporary assessment of the key legal issues in Islamic Finance. The guide's hands-on approach and accessible style make it required reading for everyone with a professional interest in Islamic Finance, be they lawyers, accountants, regulators, bankers or investors. It is also a unique reference for academic institutions worldwide.

Author : Asmadi Mohamed Naim,Mohamad Yazid Isa,Mohd Liki Hamid
Publisher : UUM Press
Page : 204 pages
File Size : 53,9 Mb
Release : 2020-01-01
Category : Business & Economics
ISBN : 9789672210924

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Islamic Finance: Legal Frameworks, Practices and Shariah Criteria Review (UUM Press) by Asmadi Mohamed Naim,Mohamad Yazid Isa,Mohd Liki Hamid Pdf

The book provides comprehensive compilation on Islamic legal documents related to Islamic financial system consists of legal statutes, frameworks, guidelines, circulars and internal compliant manual covering Islamic banking, takaful and Islamic capital markets. Brief description of those documents are laid down to assist non-legal background readers in having comprehensive view of Islamic finance legal system. Few special focuses are done to Shariah screening methodologies for stocks, Islamic fund and real estate with special review on few sukuk issuances as to familiarize reader with the principle terms and conditions (PTC) of the sukuk. Islamic finance is not just a system but it is a way to achieve the spirit of Shariah i.e. maqasid Shariah in providing prosperity to the society in blessing ways avoiding all prohibited elements as stated in Islamic law.

Author : Hussain Mohi-ud-Din Qadri,Nasir Iqbal
Publisher : Routledge
Page : 214 pages
File Size : 51,6 Mb
Release : 2021-06-30
Category : Business & Economics
ISBN : 9781000406368

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Islamic Financial Contracts by Hussain Mohi-ud-Din Qadri,Nasir Iqbal Pdf

Islam encourages business and financial transactions as a way of securing the basic needs for all human beings, but these need to be conducted in accordance with the principles contained in the Qur’ān and Sunnah. However, these legal concepts are not classified subject-wise, and the verses on commercial law, like all other topics, are scattered throughout the Qur’ān, making it difficult for readers to gain a full understanding of the topic. This, therefore, is the first comprehensive book to demystify Islamic contract law and specifically Islamic financial contracts, and to examine its roots and history. The book is written in a clear style to allow for a greater understanding of the more challenging and misunderstood areas pertaining to Islamic business and financial contracts. It also contributes a series of chapters which address the market niche and need, concerning Shariah compliance for Islamic financial products and services. The book is divided into 16 chapters in order to provide a holistic and thorough overview of Islamic law of contract. It covers the objections and misconceptions surrounding Islamic business and financial contracts. It also includes the key features and guiding principles of Islamic law of contract and offers technical know-how, illustrating the concept of formation of a contract, as well as the essential elements of a valid contract. The authors also offer a discussion on the system of options under Islamic business and financial contracts and potential solutions to breach of contracts. The book will serve as a handy reference for scholars and students of Islamic business and finance and Islamic commercial law and will also be beneficial for practitioners as well as legal and judicial officers. It will open new doors for further research in the field of Islamic financial contracts.

Author : Wim Decock,Vincent Sagaert
Publisher : Unknown
Page : 0 pages
File Size : 46,6 Mb
Release : 2019
Category : Banking law
ISBN : 1780686196

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Islamic Finance by Wim Decock,Vincent Sagaert Pdf

This book explores the tensions between the religious and legal principles of Islamic finance and Islamic banking in practice. It does not limit itself to a legal discussion and presents a truly interdisciplinary and intercultural dialogue between lawyers, theologians, and economists with roots in academia and practice. There is considerable divergence in their evaluation of the status quo and future of Islamic finance.Contributions cover aspects of Islamic finance in theory and practice. It provides insights into the interplay of religion, ethics and finance covering both the Islamic and Christian traditions that sets the scene for Islamic finance in practice: economic technicalities of Islamic banking services, its regulatory aspects, and the complex legal arrangements of Islamic finance in non-Muslim-majority countries. Islamic Finance is a truly international collaboration of outstanding scholars and practitioners in their field that reveals the complexities involved in applying religious principles and legal theory to the daily practice of business and finance.

Author : Muhammad Yusuf Saleem
Publisher : John Wiley & Sons
Page : 176 pages
File Size : 49,7 Mb
Release : 2012-11-09
Category : Business & Economics
ISBN : 9781118504062

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Islamic Commercial Law by Muhammad Yusuf Saleem Pdf

A concise study of the practices in Islamic commercial law Filling a gap in the current literature, Islamic Commercial Law is the only book available that combines the theory and practice of Islamic commercial law in an English-language text. From the experts at the International Islamic University Malaysia, the book examines the source materials in the Qur'an and Hadith, and highlights the views and positions of leading schools of Islamic law, without burying the reader in juristic minutia. It combines theory with practice to address the needs of students while providing a pragmatic treatment of Islamic contracts. It provides diagrams for individual contracts to reveal the type and nature of the contractual relationships between parties and discusses all types of fundamental transactions, including sales, loans, debt transfers, partnerships, and more. Written by experts from the International Islamic University Malaysia, the leading organisation in research in Islamic finance Closes a vital gap in the English-language literature on Islamic commercial law Features end-of-chapter questions to enable self-testing and provoke critical thinking An ideal guide for current students, researchers, and practitioners, Islamic Commercial Law offers a concise yet comprehensive coverage of the subject.

Author : Umar A. Oseni,M. Kabir Hassan,Rusni Hassan
Publisher : Emerald Group Publishing
Page : 320 pages
File Size : 46,6 Mb
Release : 2019-08-26
Category : Business & Economics
ISBN : 9781789735451

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Emerging Issues in Islamic Finance Law and Practice in Malaysia by Umar A. Oseni,M. Kabir Hassan,Rusni Hassan Pdf

Through a thorough analysis of emerging legal and regulatory issues in Islamic finance law and practice in Malaysia, this exciting new study covers issues such as blockchain technology, anti-money laundering, and FinTech in Islamic finance.

Author : Rodney Wilson
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 42,8 Mb
Release : 2012-07-30
Category : Religion
ISBN : 9780748645060

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Legal, Regulatory and Governance Issues in Islamic Finance by Rodney Wilson Pdf

From Iran, where all banking is Shari'ah compliant, to Malaysia and the gulf, where Islamic financial institutions compete with conventional banks, Rodney Wilson examines how Islamic financial institutions are licensed and governed by common and civil law. Covering Islamic banks, takaful operators, fund management and Shari'ah-compliant securities, it examines how their assets and liabilities differ from their conventional counterparts and what the implications are for risk management.

Author : Mohamed H Reda
Publisher : BRILL
Page : 218 pages
File Size : 45,8 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004344464

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Islamic Commercial Law by Mohamed H Reda Pdf

Islamic Commercial Law: Contemporariness, Normativeness and Competence offers new perspectives on why for centuries Islamic commercial law has been perceived as arbitrary and unpredictable, and on its evolution to a contemporary, consistent, reliable and credible body of law. The book also examines why Western positivists have viewed Islamic commercial law in a simplistic or archaic religious framework and counters those arguments with an examination of its normative legal qualities. The work analyses the competencies of Fiqh (jurisprudence) for structuring new financial instruments, and restructuring conventional financial products more equitability.