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The Transformation of Islamic Law in Global Financial Markets

The Transformation of Islamic Law in Global Financial Markets
Author: Jonathan Ercanbrack
Publisher: Cambridge University Press
Total Pages: 425
Release: 2015
Genre: Business & Economics
ISBN: 1107061504

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


Islamic Finance: Instruments and Markets

Islamic Finance: Instruments and Markets
Author: Bloomsbury Publishing
Publisher: Bloomsbury Publishing
Total Pages: 238
Release: 2010-11-15
Genre: Business & Economics
ISBN: 1849300399

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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. 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.


Contemporary Issues in Islamic Law, Economics and Finance

Contemporary Issues in Islamic Law, Economics and Finance
Author: Flavia Cortelezzi
Publisher: Taylor & Francis
Total Pages: 197
Release: 2022-08-12
Genre: Business & Economics
ISBN: 1000689131

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This book explores how Islam can impact the structures and performance of firms, financial institutions and capital markets across a range of countries and industries. The Islamic finance industry represents an important reality not only because of the oil wealth of the Gulf states, which have fueled demand for such financial services, but also for an increased demand from a growing Muslim population in the West that aspires to express a full and all-inclusive religious identity. The increased demand for Muslim financial institutions has prompted Western non-Islamic firms to begin providing these services in an interesting effort of acculturation to the new plural scenario. By adopting a multidisciplinary approach, which also takes into account the theological, legal and geopolitical framework, the book offers a comprehensive picture of Islamic financial tools, contracts and business opportunities. Drawing on different fields of expertise, it deals with various themes, such as the theological roots of Islamic economics and finance and its geopolitical impact; the EU policy of cooperation with MENA and GCC countries; the instruments of Islamic finance, its legal principle and ability to become an instrument for enhancing business opportunities; the functioning of Islamic banks; the development of capital markets within a financial model influenced by religious constraints and, finally, the new relationships of this religious financial system with Western legal systems. The book thus provides a complete and extensive overview of the practice of Islamic finance through the lenses offered by studies of economics and management. Providing a careful analysis and an integrated framework of geo-economic and political issues, the book will be a valuable resource for academics, researchers and professionals in International Business, Entrepreneurship and Small Business Management, Law and Religion and Intercultural Studies.


Development of Islamic Finance in the Global Financial Markets

Development of Islamic Finance in the Global Financial Markets
Author: Wazir Khan
Publisher:
Total Pages: 436
Release: 2018-12
Genre:
ISBN: 9781731533715

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Allah [SWT] for his great love for mankind has set limits which we are not permitted to transgress, and has set out prohibitions which we are not allowed (haram). If something is considered haram, it remains prohibited no matter how good the intention is or how honourable the purpose is. In this book I have discussed Islamic finance and investment free of all such prohibitions. This book consists of sixteen (16) Chapters. Chapter 1 consists of Introduction. Chapter 2 consists of Basis Of Development Of Islamic Finance: Major Prohibitions and includes: Introduction; Prohibition Of Interest, The Usury (Al-Riba); Prohibition Of Gharar (Uncertainty); Maysir And Qimar (Gambling - Game Of Chance); Prohibited Products And Industries; and Prohibition Of Financial System Which Is Not Based On Justice And Equity. Chapter 3 consists of Business Ethics In Islamic Framework. Chapter 4 consists of Islamic Value-Based Business Ethical System. Chapter 5 Consists of Basic Principles Of Islamic Finance. Chapter 6 consists of Evolution And Historical Development Of Islamic Finance And Insurance. Chapter 7 consists of Contracts In Islamic Commerce and includes: Introduction; Islamic Fiqah Schools (Islamic Jurisprudence); and Concluding Remarks. Chapter 8 consists of Introduction To Islamic Banking And Insurance and includes: Introduction; Principles Of Islamic Banking; The Liabilities Of Islamic Banks; Development Of Islamic Insurance; and Islamic Insurance Explained. Chapter 9 consists of Development Of Islamic Financial Products And Instruments and includes: General Perspective; Specific Perspective On Retai Financial Products; Specific Perspective On Islamic Corporate Financial Products And Instruments; Specific Perspective On Islamic Treasury Financial Products And Instruments; Development Of Islamic Funds; and Development Of Sukuk- Islamic Bonds.Chapter 10 consists of Development Of The Structure Of Islamic Finance and includes: Introduction; Mudarabah Model; Musharakah Model; Murabaha Model; Bai Muajjall Model; Bay Al-Salam Model; Istisna Model; Ijara; Wakala; Qard Al-Hasan Model; Waqaf; and Others. Chapter 11 Consists of Development Of The Institution Of Zakat And Sadqah (Caerity) and includes: Introduction; Origin Of Zakat; Legitimacy Of Zakat And Its Principles Since The Advant Of Islam; Establishment Of The Islamic Organisation Structure; Benefits Of Zakat System; Wealth Subjected To Zakat; Wealth Exempted From Zakat; Payer Of Zakat; Zakat Base For Companies And Institutions covering: General Principles For Zakat Calculation, Zakat On Fixed Assets, Zakat On Liquid Or Current Assets, Zakat On Liabilities, and Zakat On Provisions And Reserves; Sadaqah (Voluntary Charity); and Comcluding Remarks.Chapter 12 Consists of Development Of The Institution Of Waqf and includes: Introduction; Origin Of The Institution Of Waqf; Historic Perspective Of Waqf Institutin; Status On Waqf In Shariah; Characteristics Of Waqf; Types And Classification Of Waqf Under Islamic Banking And Finance; Basic Elements Of Waqf covering: Formation Of The Waqf, The Donor Of Waqf, and Beneficiary Of The Waqf; Principles Of Shariah Related To Waqf covering: Principles Of Waqf Property, Principles For The Waqf Contract, and Principles For The Waqf Supervision And Management; Principles Of Leasing Waqf Assets; Principles For The Development Of Waqf Assets; Principles For The Maintenance And Renovation Of Waqf Assets; Replacement Of Waqf Assets; and Current Trend And Future Needs To Revive The Institute Of Waqf In The Muslim World. Chapter 13 consists of Islamic Finance Is Providing Better Alternative To Conventional Finance In The Global Financial Markets. Chapter 14 Consists of Development Of The Islamic Capital Market In International Financial Markets. Chapter 15 Consists of The Way Forward For Islamic Finance. Chapter 16 consists of Summary and Conclusion. The Book is supported with Bibliography.


Islamic Finance

Islamic Finance
Author: Various Authors
Publisher: Bloomsbury Academic
Total Pages: 320
Release: 2011-02-15
Genre: Business & Economics
ISBN: 9781849300179

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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. 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.


Rethinking Islamic Finance

Rethinking Islamic Finance
Author: Ayesha Bhatti
Publisher: Routledge
Total Pages: 112
Release: 2018-12-12
Genre: Business & Economics
ISBN: 1317064089

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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.


Global Suk?k and Islamic Securitization Market

Global Suk?k and Islamic Securitization Market
Author: Muhammad al-Bashir Muhammad al-Amine
Publisher: BRILL
Total Pages: 482
Release: 2011-11-25
Genre: Law
ISBN: 9004202676

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The book discusses the Suk?k market, its developments, and the legal, Shar?‘ah, risks, and rating issues facing Suk?k. Securitisation as the best way forward for Suk?k structuring is emphasized and issues such as Suk?k listing, Suk?k index and Suk?k fund are highlighted.


The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance

The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance
Author: Humayon A. Dar
Publisher: Harriman House Limited
Total Pages: 281
Release: 2012-01-09
Genre: Business & Economics
ISBN: 0857192000

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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.


Rethinking Regulation of International Finance

Rethinking Regulation of International Finance
Author: Uzma Ashraf Barton
Publisher: Kluwer Law International B.V.
Total Pages: 280
Release: 2016-04-24
Genre: Law
ISBN: 9041189181

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Why have financial standards and institutions almost always failed to effectively predict and respond to real-world financial crises? The answer, this challenging book shows, is that international financial law suffers from a persistent lack of judicial or quasi-judicial enforcement mechanisms, leaving flaws in the structure of the international financial system that lead inevitably to excesses that threaten the public good of global financial stability. The author, an internationally renowned legal expert on financial and fiscal reforms, responds to the increasingly urgent call for rethinking the structure and the functioning of international financial law. Centering on the concept of enforcement – which continues to be an unresolved issue in the discipline of international financial law – the analysis describes the likely contours of hard-law regulatory reform. It weighs the pros and cons of much-talked-about regulatory and policy issues like the following and more: – policy implications from the transformation of finance from a domestic to an international concept; – new or revised supervisory and regulatory bodies with redefined mandate, jurisdictions and powers; – possibility of a treaty-based structure similar to the European Union’s integration framework; and – consolidation of crisis-prevention and crisis-management policies; The analysis takes into account instances from trade and monetary systems pertinent to the development of the discipline of international financial law. A concluding chapter explores possibilities for putting in place an asset-backed resilient financial system based on risk-sharing and empowered to legislate reform and authorized to seek compliance from its members. With its provision of unconventional alternatives for further development of international financial law to realize stable, predictable and robust international markets – including early-warning systems and fully primed crisis-prevention mechanisms – the book explores the essential link between global financial stability, effective regulation and institutional development that will engender realistic global policy solutions. It will prove to be of great importance to regulatory and legal practitioners as well as to academic and think-tank scholars.


Islamic Finance and Law

Islamic Finance and Law
Author: Maha-Hanaan Balala
Publisher: Bloomsbury Publishing
Total Pages: 230
Release: 2010-10-30
Genre: Business & Economics
ISBN: 085771905X

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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.