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Book
Islamic commercial law : contemporariness, normativeness, and competence
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ISBN: 9004344462 9789004344464 9789004344419 9004344411 9789004344419 Year: 2018 Publisher: Leiden, Netherlands ; Boston, [Massachusetts] : Brill Nijhoff,

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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.


Book
The Negotiability of Debt in Islamic Finance : An Analytical and Critical Study.
Authors: ---
ISBN: 9004340742 9789004340749 9789004340275 9004340270 Year: 2016 Publisher: [S.l.] : Brill Academic Pub,

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The challenges posed by the non-liquidity and non-diversity of the Islamic debts market make the market an inefficient tool on contributing to Muslim economic growth. Islamic scholars and experts created sukuk as an Islamic debt instrument to avoid riba (usury), but the sukuk market (especially in the Gulf) still struggles with the prohibition of the trade of debt due to the prohibition of the two Fiqh Academies. Trading and securitizing debts should be permitted in Islamic law, with one condition, that the debt should be considered low risk. This new rule, the permissibility of trading debts, is supported by three Islamic legal bases, istishab, qiyas, and maslaha, which are recognized by all four Islamic schools of legal thought. Furthermore, permitting the trading of debts is more consistent with the principles and theories of Islamic law than is forbidding it. It is consistent with the obligations theory that debt is a personal right. It is consistent with the mal (property) theory that debt may be sold according to the three Islamic schools of legal thought, all of which consider debt as property. It is consistent with other modern Islamic financial transactions that are permitted by the two Fiqh Academies, such as tawarruq and murabaha.


Book
A critique of creative Shari'ah compliance in the Islamic finance industry
Author:
ISBN: 9004344438 900434439X Year: 2017 Publisher: Leiden, The Netherlands ; Boston, [Massachusetts] : Brill Nijhoff,

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Ahmad Alkhamees defines Creative Shari‘ah compliance as compliance with the letter but not the objectives of Shari‘ah. In recent years, Islamic finance industry practises have come under scrutiny, with strong critiques levelled against many institutions that claim to provide Shari‘ah-compliant products and services, which in fact undermine the spirit and the objectives of Shari‘ah. This book significantly contributes to the sphere of Islamic finance in three main ways. First, it critically appraises justifications of creative Shari‘ah compliance practises. Second, it examines how Shari‘ah supervisory board (SSB) governance practises, and the inconsistent fatwas issued by SSBs, contribute to the issue of creative Shari‘ah compliance. Most importantly, it suggests regulatory mechanisms which regulators can employ in Islamic countries such as Saudi Arabia and in secular countries such as the United Kingdom to deal with the issue of creative Shari‘ah compliance.


Book
Islamic commercial law
Author:
ISBN: 111919895X 1283835266 1118504046 Year: 2013 Publisher: Singapore : John Wiley & Sons Singapore Pte. Ltd.,

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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 pra


Book
Islamic finance : instruments and markets.
Author:
ISBN: 1472920376 128319502X 9786613195029 1849300380 1849300399 Year: 2010 Publisher: London Bloomsbury

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"Islamic Finance: Instruments and Markets looks at the application of Sharia law to the world of banking and finance. It provides you with an understanding of the rationale behind the instruments and the rapidly developing Islamic financial markets. Coverage includes in-depth analysis of the financial instruments within the Sharia framework and how they are applied in various sectors including insurance, investment and capital markets. Regulatory issues are also discussed both from the role of the Sharia board to reporting financial risk to legal bodies."--Bloomsbury Publishing Islamic Finance: Instruments and Markets looks at the application of Sharia law to the world of banking and finance. It provides you with an understanding of the rationale behind the instruments and the rapidly developing Islamic financial markets. Coverage includes in-depth analysis of the financial instruments within the Sharia framework and how they are applied in various sectors including insurance, investment and capital markets. Regulatory issues are also discussed both from the role of the Sharia board to reporting financial risk to legal bodies. It addresses issues such as bringing a New Ethical Dimension to Banking through to The International Role of Islamic Finance and provides you with a range of checklists from Business Ethics in Islamic Finance to The Role of the Shariah Advisory Board in Islamic Finance and Regulatory and Capital Issues under Shariah Law


Book
Actualization (Taf'il) of the Higher Purposes (Maqasid) of Shariah
Author:
ISBN: 1642053457 1565649990 Year: 2020 Publisher: London, England : International Institute of Islamic Thought,

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Book
Advances in Islamic finance, marketing, and management : an Asian perspective
Authors: --- ---
Year: 2017 Publisher: Bingley, England : Emerald Group Publishing Limited,

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Demonstrating high quality theoretical and empirical findings in the areas of Islamic finance, banking, entrepreneurship, insurance, capital market, Islamic leadership, and Halal marketing, this new work includes topics on consumer perception, services orientation, new product development, risk management, industry readiness for better customer satisfaction, and policy issues coupling strategy and best practices. Of interest to both academics and practitioners who assist in making Shariah-centric strategies, this work is particularly important as Asia holds a major percentage of Islamic assets in South Asia, Southeast Asia, and the Middle East, with new opportunities opening in Central Asia.


Book
Emerging issues in Islamic finance law and practice in Malaysia
Authors: --- ---
ISBN: 1789735475 9781789735451 1789735459 9781789735475 1789735467 1789735483 Year: 2019 Publisher: Bingley, England : Emerald Publishing,

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Law and regulation are becoming increasingly important in any discourse involving the Islamic financial services industry. This important aspect comprises both the legal and Sharīah aspects from the pre-contract stage up to the post-execution phase, and even post-contract termination phase.Emerging Issues in Islamic Finance Law and Practice in Malaysia focuses on emerging legal, Sharī'ah and regulatory issues in the Islamic finance industry in Malaysia. Through the lens of the Malaysian legal framework, financial experts Umar A. Oseni, M. Kabir Hassan, and Rusni Hassan and their expert contributors raise and discuss issues that cut across borders and, as such, can be transposed to other Islamic finance jurisdictions. With the different perspectives and approaches adopted by various chapters, Emerging Issues is specifically designed to meet the needs of academics and practitioners of Islamic finance law to provide general legal and Sharīah guidance on the emerging issues identified. In Emerging Issues, Oseni, Hassan and Hassan provide rigorous research for curious minds who seek to ascertain the position of Islamic law on certain new issues, such as the application of Fintech in Islamic finance and the regulation of digital currencies. Readers will also benefit from the case studies included, which are based on the Malaysian legal and Sharīah framework since Malaysia is generally considered a model for other Islamic finance jurisdictions.


Book
Principles of Islamic international criminal law : a comparative search
Author:
ISBN: 9789004203976 9004203974 9789004203969 9004203966 9786613161604 1283161605 Year: 2011 Publisher: Leiden ; Boston : Brill,

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While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In fact, most Islamic nations have ratified the ICC Statute. They have thereby contributed to the establishment of the pillars of morality, equality, peace and justice. At the same time, those pillars may be strengthened by means of an accurate interpretation of the principles of international criminal laws by all parties. The objective of these comparative philosophies is to examine their core principles, similarities and differences. The intention is to indicate that the variation in theories may not obstruct the legal implementation of international criminal law if their dimensions are judged objectively and with the noblest of motives towards mankind.


Book
Ijtihad and renewal
Authors: ---
ISBN: 1565645405 Year: 2017 Publisher: Herndon, VA : International Institute of Islamic Thought,

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