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The contemporary finance deals mainly with multilateral and
multi-counterparty transactions. Islamic Jurisprudence (Fiqh) has
yet to develop its conceptualization of this modality of financing.
Thus far, it has become a norm for large financing projects to rely
on a complex structure of interconnected bilateral contracts that
in totality becomes opaque, complex and costly. An unfortunate
result of the unavailability of an efficient Fiqhi model applicable
to modern multilateral and multi-counterparty contracts has been
the fact that the present Islamic finance has been forced to
replicate conventional risk-transfer (interest rate based) debt
contracts thus drawing severe criticisms of duplicating
conventional finance. In 2012, a gathering of some of the Muslim
world's most prominent experts in Jurisprudence (Fuqaha) and
economists issued the Kuala Lumpur Declaration (Fatwa) in which
they identified risk sharing as the essence of Islamic finance. The
Declaration opened the door for a new Fiqh approach to take the
lead in developing the jurisprudence of multilateral and
multi-counterparty transactions. This Declaration (Fatwa) provides
a prime motivation to search for a comprehensive model of risk
sharing that can serve as an archetypal contract encompassing all
potential contemporary financial transactions. From the perspective
of Islamic Jurisprudence (Fiqh), the technicalities of the concept
of risk sharing in contemporary finance have yet to be defined in
Islamic literature. This book attempts to clarify and shed light on
these technicalities from the perspective of Fiqh. It is a
comprehensive study that relies on the fundamental Islamic sources
to establish a theoretical and practical perspective of Fiqh
encompassing risk-sharing Islamic finance as envisioned in the
Kuala Lumpur Declaration of 2012. This new paradigm should lead to
a more efficient approach to multilateral and multi-counterparty
Islamic contracts which, here-to-fore has been lacking in the
current configuration of Islamic finance.
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