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The 2008 financial crisis has become one of the defining features
of the twenty first century's first decade. The series of events
which unfolded in the aftermath of the crisis has exposed major
structural flaws in many of the financial systems around the globe,
triggering a global call for legal and regulatory reforms to
address the problems that have been uncovered. This book deals with
a neglected angle of the 2008 financial crisis looking in-depth at
the implicit effects of the 2008 crisis on the UK financial market.
The book considers new trends in finance which have emerged since
the crisis as well as the challenges faced by some older practices
in the UK financial markets. After providing a reflective account
of the history of law and creditors in the UK the book investigates
the proliferation of certain forms of financing that have recently
become very visible parts of the UK financial market's structure,
such as high cost short term lending and peer to peer lending. It
provides legal and economic accounts of these forms of alternative
lending, charting their developments, current status and critically
assesses their impact on the UK financial market. Also examined are
the ongoing funding difficulties faced by Small and Medium
Enterprises (SMEs) and the suitability of the UK current legal
framework to support these institutions. The book goes on to look
at the viability and safety of some other post crisis trends such
as banks use of Contingent Convertible Bonds (CoCos) to improve
their resilience.
During the last ten years the Islamic banking sector has grown
rapidly, at an international level, as well as in individual
jurisdictions including the UK. Islamic finance differs quite
substantially from conventional banking, using very different
mechanisms, and operating according to a different theory as it is
based on Islamic law. Yet at the same time it is always subject to
the law of the particular financial market in which it operates.
This book takes a much-needed and comprehensive look at the legal
and regulatory aspects which affect Islamic finance law, and
examines the current UK and international banking regulatory
frameworks which impact on this sector. The book examines the
historical genesis of Islamic banking, looking at how it has
developed in Muslim countries before going on to consider the
development of Islamic banking in the UK and the legal position of
Islamic banks within English law. The book explores company,
contract, and some elements of tax law and traces the impact it has
had on the development of Islamic banking in the UK, before going
on to argue that the current legal and regulatory framework which
affects the Islamic banking sector has on certain occasions had an
unintended adverse impact on Islamic banking in the UK. The book
also provides an overview of the Malaysian experience in relation
to some of the main legal and regulatory challenges in the context
of Islamic banking and finance.
During the last ten years the Islamic banking sector has grown
rapidly, at an international level, as well as in individual
jurisdictions including the UK. Islamic finance differs quite
substantially from conventional banking, using very different
mechanisms, and operating according to a different theory as it is
based on Islamic law. Yet at the same time it is always subject to
the law of the particular financial market in which it operates.
This book takes a much-needed and comprehensive look at the legal
and regulatory aspects which affect Islamic finance law, and
examines the current UK and international banking regulatory
frameworks which impact on this sector. The book examines the
historical genesis of Islamic banking, looking at how it has
developed in Muslim countries before going on to consider the
development of Islamic banking in the UK and the legal position of
Islamic banks within English law. The book explores company,
contract, and some elements of tax law and traces the impact it has
had on the development of Islamic banking in the UK, before going
on to argue that the current legal and regulatory framework which
affects the Islamic banking sector has on certain occasions had an
unintended adverse impact on Islamic banking in the UK. The book
also provides an overview of the Malaysian experience in relation
to some of the main legal and regulatory challenges in the context
of Islamic banking and finance.
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