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Author: Michael J. T. McMillen
Publisher: CreateSpace
ISBN: 9781494717292
Category : Religion
Languages : en
Pages : 380
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Book Description
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
Author: Michael J. T. McMillen
Publisher: CreateSpace
ISBN: 9781494717292
Category : Religion
Languages : en
Pages : 380
Get Book Here
Book Description
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
Author: Abdullah, Daud Vicary
Publisher: Marshall Cavendish International Asia Pte Ltd
ISBN: 9814516821
Category : Business & Economics
Languages : en
Pages : 216
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Book Description
Islamic finance has been growing faster than conventional finance for most of the past decade. It has done this on a model of finance that rejects interest and promotes profit sharing. How is this possible? Yet the wealth potential of Islamic finance is far from being its most attractive feature. What is most compelling about Islamic finance are its ethical principles and strong corporate governance based on Shariah law. This SECOND EDITION explains and updates how conventional financial products work — from mortgages and leases to trade finance and insurance — before delving into their Islamic versions and contains three new topics on microfinance, the ethical company and wealth successionAbout the Authors Daud Vicary Abdullah has been in the finance and consulting industry for more than 40 years, and has focused solely on Islamic finance since 2002. At Hong Leong Islamic Bank, he was instrumental in transforming an Islamic banking window into a full-fledged Islamic banking subsidiary. Today, he helms INCEIF (International Centre for Education in Islamic Finance), the global university for Islamic finance set up by Bank Negara (Central Bank of Malaysia) in December 2005. He is also a frequent speaker and commentator on matters relating to Islamic finance. Keon Chee is a senior executive in Singapore where he oversees the wills, trusts and corporate services businesses in his firm. He has many years' experience in investment research, derivatives, financial training and insurance. He obtained an MBA from Columbia University and an LL.B (Hons) from the University of London, and enjoys using his broad background in helping clients with their estate planning needs. He is also co-author of the best-selling Make Your Money Work For You.
Author: Mondher Bellalah
Publisher: Cambridge Scholars Publishing
ISBN: 1443849995
Category : Business & Economics
Languages : en
Pages : 295
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Book Description
Islamic finance is founded on principles that constitute the guidelines governing any Islamic economic or financial dealings. Innovative financial engineering today constitutes one of the most critical needs of Islamic financial institutions. It represents the forces that will drive Islamic finance toward continuous growth and efficiency. The structuring of new financing and Shariah-complaint instruments plays an important role in the enhancement of Islamic financial markets, and Islamic risk management practices, combining basic Shariah-complaint financial instruments within Shariah structures to precise identified needs. The financial engineering process in Islamic finance is a process that is very sensitive and complex. It requires multidisciplinary considerations, involving deep knowledge of finance, economy, Shariah law and commercial law. Divergence of opinions among different Shariah scholars and boards, as well as the absence or lack of effectiveness of a central regulatory body, is perceived as an obstacle to the growth of investment confidence in Islamic finance. Hence, innovation, along with greater uniformity, is essential to make Islamic finance an international financial system and to attract a greater number of customers. This book addresses the main issues of concern within Islamic banking, namely the development of conceptual framework, the viability of interest-free banking, and the assessment of its performance and future. In a world where conventional interest-based finance is the dominant framework, Islamic banking faces many challenges that must be addressed. This book discusses these issues and challenges and will be of great interest to both researchers and practitioners. It analyses the past experiences of Islamic banks worldwide, and provides an objective assessment of their successes and failures.
Author: Ahmad A Alkhamees
Publisher: Martinus Nijhoff Publishers
ISBN: 9004344438
Category : Law
Languages : en
Pages : 301
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Book Description
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.
Author: Muḥammad Taqī ʻUs̲mānī
Publisher: Arham Shamsi
ISBN:
Category : Banks and banking
Languages : en
Pages : 169
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Book Description
Author: Hans Visser
Publisher: Edward Elgar Publishing
ISBN: 1786433508
Category : Business & Economics
Languages : en
Pages : 296
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Book Description
In this extensively updated third edition, Hans Visser explores the ideas and concepts that drive and shape Islamic finance. This incisive book reviews the products, institutions and markets offered by Islamic finance in the modern marketplace, offering a critical discussion of the ways in which fiscal and monetary policy can be adapted to Islamic financial institutions. Visser offers new directions for economics and finance students, as well as students of Islamic finance and Islam studies more broadly.
Author: Asmadi Mohamed Naim
Publisher: UUM Press
ISBN: 9672210922
Category : Business & Economics
Languages : en
Pages : 204
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Book Description
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: Shayerah Ilias
Publisher: DIANE Publishing
ISBN: 1437918395
Category : Social Science
Languages : en
Pages : 6
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Book Description
Discusses Islamic finance, which is based on principles of ¿shariah,¿ or ¿Islamic law.¿ Major principles of ¿shariah¿ are a ban on interest, a ban on uncertainty, adherence to risk-sharing and profit-sharing, promotion of ethical invest. that enhance society, and asset-backing. The international market for Islamic finance has grown between 10% to 15% annually in recent years. Critics of Islamic finance express concerns about possible ties between Islamic finance and political agendas or terrorist financing and the use of Islamic finance to circumvent U.S. economic sanctions. Proponents argue that Islamic finance presents significant new business opportunities and provides alternate methods for capital formation and economic development. Graph.
Author: Faizal Karbani
Publisher: FT Press
ISBN: 1292001453
Category : Business & Economics
Languages : en
Pages : 192
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Book Description
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.
Author: Ayesha Bhatti
Publisher: Routledge
ISBN: 1317064089
Category : Business & Economics
Languages : en
Pages : 112
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Book Description
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.
