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Law and regulation are becoming increasingly important in any
discourse involving the Islamic financial services industry. This
important aspect comprises both the legal and Shari'ah aspects from
the pre-contract stage up to the post-execution phase, and even
post-contract termination phase. Emerging Issues in Islamic Finance
Law and Practice in Malaysia focuses on emerging legal, Shari'ah
and regulatory issues in the Islamic finance industry in Malaysia.
Through the lens of the Malaysian legal framework, financial
experts Umar A. Oseni, M. Kabir Hassan, and Rusni Hassan and their
expert contributors raise and discuss issues that cut across
borders and, as such, can be transposed to other Islamic finance
jurisdictions. With the different perspectives and approaches
adopted by various chapters, Emerging Issues is specifically
designed to meet the needs of academics and practitioners of
Islamic finance law to provide general legal and Shari'ah guidance
on the emerging issues identified. In Emerging Issues, Oseni,
Hassan and Hassan provide rigorous research for curious minds who
seek to ascertain the position of Islamic law on certain new
issues, such as the application of Fintech in Islamic finance and
the regulation of digital currencies. Readers will also benefit
from the case studies included, which are based on the Malaysian
legal and Shari'ah framework since Malaysia is generally considered
a model for other Islamic finance jurisdictions.
The book is a research monograph which contains high-level research
by leading experts in waqf and charitable endowment. The subject
has international appeal in jurisdictions having Islamic financial
institutions and this includes all countries in the Middle East and
North Africa (MENA) region in particular, and Africa at large, some
leading countries in Southeast Asia such as Malaysia, Singapore,
and Indonesia The book will be useful for all institutions across
the world having charitable endowments, social finance, and Islamic
finance curriculum Experts involved in charitable endowments and
global Non-governmental organizations and humanitarian groups will
also find the book very useful The editors were formally affiliated
with the Harvard Law School at some time during their careers and
some of the contributors are leading experts in Islamic social
finance. One of the contributors is a recipient of the prestigious
Islamic Development Bank Prize in Islamic Economics.
The book is a research monograph which contains high-level research
by leading experts in waqf and charitable endowment. The subject
has international appeal in jurisdictions having Islamic financial
institutions and this includes all countries in the Middle East and
North Africa (MENA) region in particular, and Africa at large, some
leading countries in Southeast Asia such as Malaysia, Singapore,
and Indonesia The book will be useful for all institutions across
the world having charitable endowments, social finance, and Islamic
finance curriculum Experts involved in charitable endowments and
global Non-governmental organizations and humanitarian groups will
also find the book very useful The editors were formally affiliated
with the Harvard Law School at some time during their careers and
some of the contributors are leading experts in Islamic social
finance. One of the contributors is a recipient of the prestigious
Islamic Development Bank Prize in Islamic Economics.
Featuring high-level analysis of Islamic law, this book examines
fintech in Islamic finance from both theoretical and empirical
perspectives. Whilst building on existing approaches, it also
discusses the current application of fintech in promoting financial
inclusion through innovative solutions in Muslim-majority
countries, identifying future directions for policy-makers. With
original chapters written by prominent academics, senior lawyers
and practitioners in the global Islamic finance industry, this book
serves as the first standalone pioneering reference work on fintech
in Islamic finance. It also, for the first time, examines the
position of Islamic law on cryptocurrencies, such as bitcoin.
Besides the conceptual analysis of the Shari'ah and legal aspects
of fintech in Islamic finance, this book provides relevant case
studies showing current and potential developments in the
application of fintech in various sectors ranging from crowdfunding
and smart contracts, to Online Dispute Resolution, Investment
Account Platform and identity verification in the KYC process.
Setting the agenda for researchers in the field, Fintech in Islamic
Finance will be useful to students and scholars of Islamic finance
and financial technology.
Featuring high-level analysis of Islamic law, this book examines
fintech in Islamic finance from both theoretical and empirical
perspectives. Whilst building on existing approaches, it also
discusses the current application of fintech in promoting financial
inclusion through innovative solutions in Muslim-majority
countries, identifying future directions for policy-makers. With
original chapters written by prominent academics, senior lawyers
and practitioners in the global Islamic finance industry, this book
serves as the first standalone pioneering reference work on fintech
in Islamic finance. It also, for the first time, examines the
position of Islamic law on cryptocurrencies, such as bitcoin.
Besides the conceptual analysis of the Shari'ah and legal aspects
of fintech in Islamic finance, this book provides relevant case
studies showing current and potential developments in the
application of fintech in various sectors ranging from crowdfunding
and smart contracts, to Online Dispute Resolution, Investment
Account Platform and identity verification in the KYC process.
Setting the agenda for researchers in the field, Fintech in Islamic
Finance will be useful to students and scholars of Islamic finance
and financial technology.
The first comprehensive treatment of Islamic contract law in the
English language, Islamic Contract Law serves as both a reference
work and an authoritative statement of the law and the Fiqh
underlying it. The book's structure draws from the tradition of
western contract law books to enable non-expert readers to easily
navigate its structure, sources, and application. It covers the
complete spectrum of Islamic contract regulation, and includes
chapters on the formation of contracts, the sources of Islamic
contract law, the role of intention, legal capacity, the importance
of the subject matter, as well as the prohibited elements of
contracts. Further chapters discuss validity and defects,
contractual terms, bilateral agreements, equity-based partnership
contracts, ancillary and unilateral contracts, termination and
damages, and the role of third parties. Finally, a chapter is
devoted to the application of Islamic law in contemporary
Muslim-majority legal systems. This is a key work for understanding
the contract underpinnings of Islamic finance instruments and is a
must-read for scholars, legal professionals, and students with an
interest in contracts governed by Islamic Law.
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