Download or read book Islamic Finance and the Shari ah written by Michael J. T. McMillen and published by CreateSpace. This book was released on 2013-12-26 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about how Islamic finance is conducted in contemporary times. It is also about change and how change occurs in two areas. The first area is change in a body of law, both generally and specifically with respect to Islamic Shari`ah in the areas of commerce and finance. The second area is Islamic finance. Change in the Shari`ah and in Islamic finance are intimately and inextricably related: the Shari`ah defines and constrains change in Islamic finance. Legal change necessarily involves consideration of the interpretive modalities that are employed in effecting that legal change, and interpretive modalities in Islamic finance are also considered.The book is divided into four parts. Part I outlines the context and provides background for later discussions. Part II introduces the Shari`ah and its interpretation. Part III discusses a specific fatwa issued to Dow Jones in 1998 in respect of equity investing and equity indices (the Dow Jones Fatwa), its sequelae, and murabaha transactions. And Part IV addresses issues pertaining to and criticisms of Islamic finance.Part I describes the objectives and organization of the book, provides a short history of modern Islamic finance, and sets forth a categorized summary of the issues and criticisms raised by various critics.The discussion of Shari`ah matters in Part II begins with a summary of the nature of the Shari`ah (Islamic law) as applied in Islamic finance. This is followed by a detailed description of the Shari`ah scholars and Shari`ah boards that interpret and apply Islamic law in the field of Islamic finance. Topics considered include the qualifications of scholars, the nature and structure of Shari`ah boards and how they are comprised and operate, and the roles and functions of Shari`ah boards. The final chapter in this Part discusses the fatwa (legal opinion) that implements Islamic law in the transactional, operational entity and standard-setting context. Part III provides detailed discussions of the Dow Jones Fatwa, its equity investment tests, permissible and impermissible equity instruments, permissible and impermissible business activities, financial screens for impermissible interest income, and other important principles. In particular, the discussion focuses on the principles of “permissible variance” (or “permissible impurity”) and “purification” that have been instrumental in the development and growth of Islamic finance. Succeeding chapters in this Part trace how the permissible variance principles have evolved and expanded in areas such as equity, private equity and real estate investing, and the financing of those activities, and in project and infrastructure finance. Six areas of evolution and expansion are considered. These include (1) modification of the initial tests, (2) new equity investing tests, (3) permissible and impermissible business activities in different areas of practice and the variations in impurity that are permitted in those areas, (4) the most commonly used structures in modern Islamic finance (the lease or ijara and the murabaha or cost-plus sale), and) (5) when and how purification (largely by donation to charity) are effected.The final group of chapters, in Part IV, discuss the various issues and criticisms in detail. Topics include (i) the amount of discretion afforded Shari`ah scholars, (ii) the intentions of different transactional parties in Islamic finance transactions, (iii) the degree of formalism in application of interpretive modalities, (iv) complexities and transaction costs (both absolutely and relative to corresponding conventional transactions), (v) social justice and policy issues, and (vi) the application of interpretative modalities and their relationship to different jurisprudential theories of legal change.The book includes an extensive bibliography and index.For further information, please see http://www.islamicfinanceinpractice.com

Download or read book Concept And Application Of Shariah For The Construction Industry Shariah Compliance In Construction Contracts Project Finance And Risk Management written by Khairuddin Abdul Rashid and published by World Scientific. This book was released on 2018-10-19 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Download or read book A Critique of Creative Shari ah Compliance in the Islamic Finance Industry written by Ahmad A Alkhamees and published by Martinus Nijhoff Publishers. This book was released on 2017-09-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Edinburgh Companion to Shari ah Governance in Islamic Finance written by Syed Nazim Ali and published by Edinburgh University Press. This book was released on 2020-03-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a group of prominent shari'ah scholars, academics and practitioners in the field of Islamic finance, this book contains 17 in-depth case studies of shari'ah governance practices and experiences as well as critical analysis of these practices. It serves as a standalone comprehensive reference work on shari'ah governance, containing an overview of its Islamic legal foundations, its evolution and development over the years, current practices and debates on shari'ah governance standards and future prospects for shari'ah governance in the global Islamic finance market.

Download or read book Shari ah Maxims written by Muḥammad T̤āhir Manṣūrī and published by . This book was released on 2012 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mastering Islamic Finance A practical guide to Sharia compliant banking investment and insurance written by Faizal Karbani and published by FT Press. This book was released on 2015-02-19 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical and accessible guide to Islamic finance that helps demystify the differences with conventional banking, enabling practitioners to develop Sharia compliant products for customers. The Islamic Finance industry is estimated to be worth $1.2 trillion and is growing globally at over 10% per year. Mastering Islamic Finance will give practitioners an understanding of Islamic finance, from the basic techniques, through to advanced applications. Helping to demystify and clarify the differences with conventional banking, it will enable practitioners to develop Sharia compliant products for customers. According to Sharia law there are strict rules on how financial services and products can be designed; in Islamic Finance money cannot make money and the subject of the finance must be an asset or a verifiable, real trade or business activity. Sharia compliant financial instruments have been devised to enable Muslims to abide by the principles of Islam and still make the most of their money. Mastering Islamic Finance will equip readers with an understanding of Islamic financial instruments so they can sensibly apply them in practice. For each instrument there is a definition of the concept and how it differs from its equivalent in conventional banking. There are also examples and case studies to highlight practical applications. The full text downloaded to your computer With eBooks you can: search for key concepts, words and phrases make highlights and notes as you study share your notes with friends eBooks are downloaded to your computer and accessible either offline through the Bookshelf (available as a free download), available online and also via the iPad and Android apps. Upon purchase, you'll gain instant access to this eBook. Time limit The eBooks products do not have an expiry date. You will continue to access your digital ebook products whilst you have your Bookshelf installed.

Download or read book Shari ah Compliant Private Equity and Islamic Venture Capital written by Fara Madehah Ahmad Farid and published by Edinburgh University Press. This book was released on 2012-11-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows you how Shari'ah theory is applied to the private equity industry and how this works in practice. Case studies and examples of business financial appraisals give an in-depth view of areas including: the Islamic banking industry; its use as a source of funding in the biotechnology industry, pharmaceuticals, ICT, agriculture and fisheries; and how it is used by investment companies as part of their asset management strategies.

Download or read book An Overview of Islamic Finance written by Mr.Mumtaz Hussain and published by International Monetary Fund. This book was released on 2015-06-02 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic finance has started to grow in international finance across the globe, with some concentration in few countries. Nearly 20 percent annual growth of Islamic finance in recent years seems to point to its resilience and broad appeal, partly owing to principles that govern Islamic financial activities, including equity, participation, and ownership. In theory, Islamic finance is resilient to shocks because of its emphasis on risk sharing, limits on excessive risk taking, and strong link to real activities. Empirical evidence on the stability of Islamic banks, however, is so far mixed. While these banks face similar risks as conventional banks do, they are also exposed to idiosyncratic risks, necessitating a tailoring of current risk management practices. The macroeconomic policy implications of the rapid expansion of Islamic finance are far reaching and need careful considerations.

Download or read book Research in Corporate and Shari ah Governance in the Muslim World written by Toseef Azid and published by Emerald Group Publishing. This book was released on 2019-05-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research in Corporate and Shari'ah Governance in the Muslim World: Theory and Practice aims to address a critical disciplinary gap between Islamic theory and the practice of the corporate sector in the Muslim World. Adopting a critical approach, the book sheds light on the impact of corporate governance on the economies of the Muslim world.

Download or read book Islamic Finance written by Mahmoud A. El-Gamal and published by Cambridge University Press. This book was released on 2006-07-03 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Shari ah Governance in Islamic Banks written by Zulkifli Hasan and published by Edinburgh University Press. This book was released on 2012-07-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth and insightful study of Shari'ah governance from a theoretical and practical perspective

Download or read book Islamic Law and Finance written by Frank E. Vogel and published by BRILL. This book was released on 1998-01-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Foundations of Shari ah Governance of Islamic Banks written by Karim Ginena and published by John Wiley & Sons. This book was released on 2015-04-06 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide for robust sharī'ah governance of the Islamic banking industry Debate in the market on the extent of sharī'ah compliance of Islamic banks, their products, and activities has piqued stakeholders' interest. In Foundations of Sharī'ah Governance of Islamic Banks, Karim Ginena and Azhar Hamid explore the depths of sharī'ah governance to unravel its mysterious dimensions, and equip academics and practitioners with a solid understanding of the subject, which has become a serious challenge and thus deserves dedicated attention. The authors make a strong case for the need to contain the sharī'ah risk that Islamic banks experience, and present a compelling argument for how this should be done. Ginena and Hamid propose a robust sharī'ah governance model that comprehensively tackles thisrisk, and helps improve the extent of sharī'ah compliance of market players. The authors detail the internal, external, and institutional arrangements needed to promote responsible sharī'ah governance, and critically analyze current laws, regulations, and industry practices on the topic. The chapters of the book do the following: Examine the roots, characteristics and objectives of sharī'ah and its relation to financial dealings; Probe the role of regulators in sharī'ah governance, explore the different approaches adopted by banking supervisors, and provide examples of relevant legal and regulatory measures; Explain to bank directors and management the fiduciary duty they assume with respect to sharī'ah compliance, and detail how they could discharge this responsibility in line with best practices; Elaborate on the purpose of the Sharī'ah Supervisory Board (SSB), its responsibilities, competence criteria, internal regulations, and key governance guidelines; additionally, they explore different SSB models; Describe the internal sharī'ah control system including its six components, and examine the internal sharī'ah audit function as well as different stages of conducting a sharī'ah audit; Clarify the role of a sharī'ah auditor, with guidance on reporting lines, scope of duties, authority, and practical ways on fulfilling tasks, such as a sample sharī'ah risk assessment grid and audit checklists; Discuss the newly emerging external sharī'ah advisory firms that are expected to play a key role in the coming years and the services they provide. Through an effective treatment of each of these elements, and the way that they interact with one another, the book offers a fresh take on how robust sharī'ah governance of Islamic banks can be successfully accomplished. It is a comprehensive resource for academics, regulators, directors, lawyers, auditors, consultants, employees, and customers of Islamic banks interested in learning more about these challenges. This essential reading persuasively extends the discourse on the subject and addresses critical sharī'ah issues that have policy implications for decision makers in jurisdictions aiming to attract the fast-growing Islamic finance industry or increase their market share.

Download or read book Shari ah Non compliance Risk Management and Legal Documentations in Islamic Finance written by Ahcene Lahsasna and published by John Wiley & Sons. This book was released on 2014-04-02 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Islamic Finance written by Qatar Financial Centre and published by A&C Black. This book was released on 2010-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation 'Islamic Finance' covers the application of Sharia law to the world of banking and finance and provides the reader with an understanding of the rationale behind the instruments and the development of Islamic financial markets.

Download or read book Shariah Investment Agreement written by Syed Adam Alhabshi and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-02-08 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk-sharing investment is currently the buzz word in Islamic finance. However, there is an incongruence in applying multilayered and opaque Tijarah contracts for investment purposes. This has contributed to the divergence between Shariah and Common Law and caused tremendous problems and systemic legal risks to Islamic finance. The authors of Shariah Investment Agreement introduce a legal tool in the form of a Shariah Investment Agreement carefully drafted to ensure that it is Shariah-compliant and can be applied in Common Law jurisdictions as well, so as to allow for the execution of risk-sharing investment in Islamic finance. It details the building blocks and key considerations that must be noted when drafting such agreements so the investor and investee will know what to expect when entering into such a contract. Proper implementation of the Shariah Investment Agreement will pave a clear route to a harmonious convergence between Shariah and Common Law and lead to Islamic finance developing further to become a stronger, unstoppable force in the finance industry.

Download or read book Islamic Finance written by David Eisenberg and published by OUP Oxford. This book was released on 2012-03-22 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.