Browsing by Topics Fiqh muamalat

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Showing results 1 to 10 of 31
  • introduction_theoretical_foundations_Islamic_transactions_cover.jpg.jpg
  • Book

  • An introduction to the theoretical foundations of Islamic transactions

    • Authors: Saleem, Muhammad Yusuf (2012)

  • The book presents a study of the theoretical foundations for Islamic transactions. It provides the reader with a solid background which is essential for a comprehensive knowledge Islamic transactions, banking and finance. The main discussion include the sources for Islamic commercial and financial laws, the objectives of Sharia'ah with regard to commercial and financial transactions, property and its classifications and their implications for transactions, rights and financial rights, ownership and its types, the theory of contract, the pillars of contract, its classifications, and its options. The last chapter discusses factors that invalidate transactions such as usury/interest (rib...
  • appointment_female_judges_muslim_countries_aishath.pdf.jpg
  • Journal Article

  • Appointment of female judges in Muslim countries

    • Authors: Muneeza, Aishath (2014)

  • The purpose of this article is to illuminate one of the contemporary legal dilemmas in Islamic law, namely the appointment of female judges in Muslim countries. The methodology employed is library-based research. The focus of this article is to determine the legal status of appointments of female judges in Shariah courts. It is argued here that female judges can be appointed in Muslim countries and that the main reason for this is that there is no explicit prohibition of it in the fundamental sources of Islamic law. However, the claims that it is contrary to Islamic law to appoint female judges are also discussed here. The outcome of this article is to prove that there is nothing wron...
  • benchmarking_objectives_Shariah_Islamic law_index_performance_select_OIC_countries_alaabed.pdf.jpg
  • Journal Article

  • Benchmarking objectives of Shari'ah (Islamic law): index and its performance in select OIC countries

    • Authors: Alaabed, Alaa; Askari, Hossein; Iqbal, Zamir; Ng, Adam Boon Ka (2016)

  • Islam offers a sustainable and comprehensive development model for humanity that can be systematically categorised as the means as well as the ideal outcome of achieving Maqasid (objectives) of Shari'ah (Islamic law). As a rule-based religion, Islam's prescription for development goes well beyond market regulations and includes rules necessary to maintain a dignified life; in order that the faithful can maximise their intellectual capacity, preserve and promote their health and education, and have equal opportunity for employment and partnership in the economic and social development of society, and unhampered by practices of fraud, cheating, corruption, or property abuse, among other...
  • PhD_Beneficial_ownership_and_its_application_in_Islamic_finance_Nik_Abdul_Rahim.pdf.jpg
  • PhD

  • Beneficial ownership and its application in Islamic finance: an analysis from the Shari'ah perspective

    • Authors: Nik Abdul Rahim Nik Abdul Ghani (2017)

  • Beneficial ownership is applied in the modern Islamic financial contracts such as financing and sukuk structure, especially in countries where common law is dominant. It has been recognized by some scholars and rejected by others. In this regard, the concept of beneficial ownership in Shari'ah should be analysed to develop a clear interpretation of the concept of beneficial ownership from the Shari'ah perspective. The purpose of this study is to examine the meaning of beneficial ownership in Common Law system and its recognition from the Shari’ah point of view. It begins with identifying the meaning of milkiyyah (ownership) and its characteristics in the Islamic law and followed by th...
  • long_divergence_islamic_law_held_back_middle_east_timur_kuran_murat.pdf.jpg
  • Journal Article

  • Book reviews 'Timur Kuran. The long divergence: how Islamic law held back the Middle East'

    • Authors: Cizakca, Murat (2011)

  • Timur Kuran is an avid reader of Islamic economic and legal history and an immensely well informed scholar. This latest work not only combines his earlier arguments but also provides some new perspectives. The gist of Kuran's arguments is the following (p. 281) - 1. In its early centuries Islam developed a law of contracts that was sophisticated for the time; 2. This law allowed passive investors to shield their personal assets while … however, active partners carried full liability; 3. The death of a partner terminated the partnership automatically; 4. Due to the Islamic inheritance law and polygamy the numbers of heirs could be large; 5. The partnership termination rule, like the la...
  • Bridging_Islamic_juristic_differences_in_contemporary_Islamic_finance_Younes.pdf.jpg
  • Journal Article

  • Bridging Islamic juristic differences in contemporary Islamic finance

    • Authors: Younes Soualhi (2012)

  • This article is an attempt to formulate a viable Shari'ah framework for juristic differences in contemporary Islamic finance. While acknowledging the legitimacy of juristic differences as an inherent feature of Islamic law, such differences could jeopardize a nascent Islamic finance industry, leading to what has come to be arbitrarily termed 'Shari'ah risk' in Islamic finance. Two blocks appear to represent the two disputing sides since the launch of this industry, i.e., the Middle Eastern and South East Asian markets. Thus, this article aims to bridge differences in Islamic finance by proposing a framework and set of parameters that can be applied to all Islamic banking, Islamic capi...
  • item.jpg
  • Master

  • Codified Shariah law & the development of the Islamic finance industry: a general survey of four countries (Sudan, Saudi Arabia, Pakistan & Malaysia)

    • Authors: Izani, Izahairani (2016)

  • To codify or not to codify, is, in matters of the law, the paramount jurisprudential question. More so when the laws in question relate to and are to govern a relatively budding industry, such as that of the Islamic banking and finance (IBF) industry. This paper examines the respective legal and regulatory landscape of four countries, Saudi Arabia, Pakistan, Sudan and Malaysia vis-a-vis IBF, particularly whether the presence or absence of codified Shariah law for IBF matters play any role in the development of their respective IBF industries and whether Malaysia can draw any lessons from the experiences in Saudi Arabia, Pakistan and Sudan to ascertain the need/viability/manner in whic...

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Browsing by Topics Fiqh muamalat

Jump to: 0-9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
or enter first few letters:  
Showing results 1 to 10 of 31
  • introduction_theoretical_foundations_Islamic_transactions_cover.jpg.jpg
  • Book

  • An introduction to the theoretical foundations of Islamic transactions

    • Authors: Saleem, Muhammad Yusuf (2012)

  • The book presents a study of the theoretical foundations for Islamic transactions. It provides the reader with a solid background which is essential for a comprehensive knowledge Islamic transactions, banking and finance. The main discussion include the sources for Islamic commercial and financial laws, the objectives of Sharia'ah with regard to commercial and financial transactions, property and its classifications and their implications for transactions, rights and financial rights, ownership and its types, the theory of contract, the pillars of contract, its classifications, and its options. The last chapter discusses factors that invalidate transactions such as usury/interest (rib...
  • appointment_female_judges_muslim_countries_aishath.pdf.jpg
  • Journal Article

  • Appointment of female judges in Muslim countries

    • Authors: Muneeza, Aishath (2014)

  • The purpose of this article is to illuminate one of the contemporary legal dilemmas in Islamic law, namely the appointment of female judges in Muslim countries. The methodology employed is library-based research. The focus of this article is to determine the legal status of appointments of female judges in Shariah courts. It is argued here that female judges can be appointed in Muslim countries and that the main reason for this is that there is no explicit prohibition of it in the fundamental sources of Islamic law. However, the claims that it is contrary to Islamic law to appoint female judges are also discussed here. The outcome of this article is to prove that there is nothing wron...
  • benchmarking_objectives_Shariah_Islamic law_index_performance_select_OIC_countries_alaabed.pdf.jpg
  • Journal Article

  • Benchmarking objectives of Shari'ah (Islamic law): index and its performance in select OIC countries

    • Authors: Alaabed, Alaa; Askari, Hossein; Iqbal, Zamir; Ng, Adam Boon Ka (2016)

  • Islam offers a sustainable and comprehensive development model for humanity that can be systematically categorised as the means as well as the ideal outcome of achieving Maqasid (objectives) of Shari'ah (Islamic law). As a rule-based religion, Islam's prescription for development goes well beyond market regulations and includes rules necessary to maintain a dignified life; in order that the faithful can maximise their intellectual capacity, preserve and promote their health and education, and have equal opportunity for employment and partnership in the economic and social development of society, and unhampered by practices of fraud, cheating, corruption, or property abuse, among other...
  • PhD_Beneficial_ownership_and_its_application_in_Islamic_finance_Nik_Abdul_Rahim.pdf.jpg
  • PhD

  • Beneficial ownership and its application in Islamic finance: an analysis from the Shari'ah perspective

    • Authors: Nik Abdul Rahim Nik Abdul Ghani (2017)

  • Beneficial ownership is applied in the modern Islamic financial contracts such as financing and sukuk structure, especially in countries where common law is dominant. It has been recognized by some scholars and rejected by others. In this regard, the concept of beneficial ownership in Shari'ah should be analysed to develop a clear interpretation of the concept of beneficial ownership from the Shari'ah perspective. The purpose of this study is to examine the meaning of beneficial ownership in Common Law system and its recognition from the Shari’ah point of view. It begins with identifying the meaning of milkiyyah (ownership) and its characteristics in the Islamic law and followed by th...
  • long_divergence_islamic_law_held_back_middle_east_timur_kuran_murat.pdf.jpg
  • Journal Article

  • Book reviews 'Timur Kuran. The long divergence: how Islamic law held back the Middle East'

    • Authors: Cizakca, Murat (2011)

  • Timur Kuran is an avid reader of Islamic economic and legal history and an immensely well informed scholar. This latest work not only combines his earlier arguments but also provides some new perspectives. The gist of Kuran's arguments is the following (p. 281) - 1. In its early centuries Islam developed a law of contracts that was sophisticated for the time; 2. This law allowed passive investors to shield their personal assets while … however, active partners carried full liability; 3. The death of a partner terminated the partnership automatically; 4. Due to the Islamic inheritance law and polygamy the numbers of heirs could be large; 5. The partnership termination rule, like the la...
  • Bridging_Islamic_juristic_differences_in_contemporary_Islamic_finance_Younes.pdf.jpg
  • Journal Article

  • Bridging Islamic juristic differences in contemporary Islamic finance

    • Authors: Younes Soualhi (2012)

  • This article is an attempt to formulate a viable Shari'ah framework for juristic differences in contemporary Islamic finance. While acknowledging the legitimacy of juristic differences as an inherent feature of Islamic law, such differences could jeopardize a nascent Islamic finance industry, leading to what has come to be arbitrarily termed 'Shari'ah risk' in Islamic finance. Two blocks appear to represent the two disputing sides since the launch of this industry, i.e., the Middle Eastern and South East Asian markets. Thus, this article aims to bridge differences in Islamic finance by proposing a framework and set of parameters that can be applied to all Islamic banking, Islamic capi...
  • item.jpg
  • Master

  • Codified Shariah law & the development of the Islamic finance industry: a general survey of four countries (Sudan, Saudi Arabia, Pakistan & Malaysia)

    • Authors: Izani, Izahairani (2016)

  • To codify or not to codify, is, in matters of the law, the paramount jurisprudential question. More so when the laws in question relate to and are to govern a relatively budding industry, such as that of the Islamic banking and finance (IBF) industry. This paper examines the respective legal and regulatory landscape of four countries, Saudi Arabia, Pakistan, Sudan and Malaysia vis-a-vis IBF, particularly whether the presence or absence of codified Shariah law for IBF matters play any role in the development of their respective IBF industries and whether Malaysia can draw any lessons from the experiences in Saudi Arabia, Pakistan and Sudan to ascertain the need/viability/manner in whic...