Shari A Law In Commercial And Banking Arbitration

Author : Abdulrahman Yahya Baamir
Publisher : Routledge
Page : 232 pages
File Size : 48,9 Mb
Release : 2016-04-01
Category : Law
ISBN : 9781317055631

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Shari’a Law in Commercial and Banking Arbitration by Abdulrahman Yahya Baamir Pdf

This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.

Author : Abdulrahman Yahya Baamir
Publisher : Unknown
Page : 213 pages
File Size : 48,6 Mb
Release : 2010
Category : Arbitration and award
ISBN : 1315608901

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Shari'a Law in Commercial and Banking Arbitration by Abdulrahman Yahya Baamir Pdf

Author : Maria Bhatti
Publisher : Routledge
Page : 290 pages
File Size : 54,9 Mb
Release : 2018-09-27
Category : Business & Economics
ISBN : 9780429888212

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Islamic Law and International Commercial Arbitration by Maria Bhatti Pdf

This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Author : Mohamed H Reda
Publisher : BRILL
Page : 218 pages
File Size : 45,9 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.

Author : Humayon A. Dar,Umar F. Moghul
Publisher : Harriman House Limited
Page : 372 pages
File Size : 53,7 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 : David Eisenberg
Publisher : OUP Oxford
Page : 470 pages
File Size : 42,8 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 : W. M. Ballantyne,Howard L. Stovall
Publisher : American Bar Association
Page : 272 pages
File Size : 40,6 Mb
Release : 2002
Category : Arab countries
ISBN : STANFORD:36105063161595

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Arab Commercial Law by W. M. Ballantyne,Howard L. Stovall Pdf

This text give the reader an analysis of existing law and predictions as to likely developments in the years to come with respect to six general topics relevant to the Arab world: Islamic law; corruption; privatization; arbitration; trade sanctions; and e-commerce. Most of the papers gathered here were first presented at a one-day conference in London on July 20, 2000, entitled Arab Commercial Law - into the Future (co-sponsered by England's Middle East Association and the Middle Eastern Law Committee of the American Bar Association's Section on International Law and Practice). Some chapters have been updated since to reflect events since the conference.

Author : Glenn Roberts
Publisher : Universal-Publishers
Page : 119 pages
File Size : 49,5 Mb
Release : 2007
Category : Law
ISBN : 9781581123487

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Sharia Law and the Arab Oil Bust by Glenn Roberts Pdf

The delayed development of the Islamic world, in defiance of the formulaic approaches long favored by economists, suggests that the traditional Sharia and Islamic values and principles are at least partially responsible for the region s persistent backwardness. By analyzing the impact of the legal regime of the Sharia on Saudi Arabia during the Arab Oil Bust of the 1980s, this thesis concludes that Islamic social values and the Sharia s de facto role as an uncodified pre-emptive Arab common law implemented with high regard to precedent by ulama with extraordinary power of judicial review had the effect of accentuating the effects of the Oil Bust, making the theory of the Petrocurse a subset of a larger Cost of Being Muslim. On the other hand, the author concludes that not only is the Sharia not constrained by its nature to playing a deleterious economic role, but that it has broad commercial application, both domestically and internationally, and a new generation of more flexible Muslim economists, lawyers, and financial theorists have pointed the way toward a possible comprehensive modern adaptation of Islamic laws and principles.

Author : Jonathan Ercanbrack
Publisher : Cambridge University Press
Page : 425 pages
File Size : 46,6 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107061507

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The Transformation of Islamic Law in Global Financial Markets by Jonathan Ercanbrack Pdf

This contextual analysis of Islamic financial law challenges our understanding of both Islamic law and global financial markets.

Author : Muhammad Yusuf Saleem
Publisher : John Wiley & Sons
Page : 176 pages
File Size : 52,8 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 : Comair-Obeid
Publisher : BRILL
Page : 255 pages
File Size : 41,9 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004634909

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The Law of Business Contracts in the Arab Middle East by Comair-Obeid Pdf

This book is a basic treatise for those practising and arbitrating in the legal and commercial aspects of business in Middle East Countries. It examines the influence of traditional Islamic law on modern legislation as it affects trade, contracting, banking and financial operations. This book is highly topical and serves the needs of academics, of legal practitioners and of contractors.

Author : several - See below for the reference.
Publisher : STA Law Firm
Page : 17 pages
File Size : 51,7 Mb
Release : 2018-12-26
Category : Law
ISBN : 8210379456XXX

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Court Uncourt | STA Law Firm by several - See below for the reference. Pdf

Are you aware that the perception of time differs dramatically across the globe? While the Americans tend to think about time in a 5-minute increment, Middle Easterners do so in 15 minute increments, implying that an American’s five minute siesta and a Middle Easterner’s fifteen minute siesta are actually experienced as the same length of time! "Lawyers in Dubai" "International Law Firm" "Lawyers in Abu Dhabi" "Best Lawyers in Dubai" "Lawyers in RAK"

Author : Sayed Hassan Amin
Publisher : Hyperion Books
Page : 504 pages
File Size : 47,7 Mb
Release : 1988
Category : Arbitration and award
ISBN : 0946706468

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Commercial Arbitration in Islamic and Iranian Law by Sayed Hassan Amin Pdf

Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 373 pages
File Size : 50,8 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781351984065

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Transnational Construction Arbitration by Renato Nazzini Pdf

Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.

Author : Razali Hj. Nawawi
Publisher : Unknown
Page : 276 pages
File Size : 50,6 Mb
Release : 1999
Category : Banks and banking
ISBN : 9834020813

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Islamic Law on Commercial Transactions by Razali Hj. Nawawi Pdf