This thesis challenges two key assumptions made in the current Islamic banking literature. Firstly, this thesis challenges and empirically invalidates the assumption that all Islamic banks are indistinguishable from their conventional counterparts and are thus equally unIslamic. To do so, this thesis uses the profit and loss sharing (PLS) criteria, which is central to the philosophy of Islamic banking and is the key principle differentiating Islamic from conventional banking, in theory and practice. By investigating variation in PLS levels between Islamic banks and comparing with conventional banks with and without Islamic windows, this thesis illustrates that the Islamic banking industry does not comprise a homogeneous group of banks that are all indistinguishable from their conventional counterparts. Rather, a typology of Islamic banks exists, comprising of three distinct groups of banks, each one following a different business model. While one group can genuinely be considered indistinguishable from conventional banks, another group shows clear evidence of pursuing PLS-oriented strategies in formulating its asset portfolio, differentiating itself from the purely debt-based intermediation model adopted by conventional banks. As such, empirical evidence shows that some Islamic banks are, in practice, operating closer to the PLS principle and can thus be considered more Islamic than others. Further investigation illustrates that the institutional environment matters for the provision of ideal PLS Islamic financing instruments. Secondly, this thesis overcomes two methodological issues to compare the corporate social performance (CSP) of Islamic and conventional banks. In doing so, this thesis challenges the second identified assumption from the literature, that religion-specific category of corporate social responsibility (CSR) is particular to Islamic banking, and invalidates it on conceptual, theoretical and empirical basis. A novel CSP Index based on the evidence-based disclosure criteria, comprising of 6 dimensions and 25 social performance indicators is constructed and complemented with three Social Performance Quantitative Indicators (SPQIs) to compare the CSP of Islamic and conventional banks. From this comparison, this thesis concludes that, contrary to the industry s claims and expectations held of it, Islamic banking does not offer an ethical alternative to conventional banking. Differences in the level and composition of CSP between the two industries are more subtle and require a nuanced approach to be studied.

Die Arbeit untersucht in Form einer prospektiven Implementierungsstudie juristische und ökonomische Voraussetzungen und Folgen eines Angebots von murābaḥa-basierten Verträgen in Deutschland. Dabei werden einzelne Herausforderungen dargestellt und Lösungsansätze erarbeitet. / This thesis examines legal and economic requirements and consequences for offering murābaḥa-based contracts in Germany in the form of a prospective implementation study. Different challenges and solution approaches are presented.

Islamic banking in the United States of America, became recognized as an alternative to expand into the market of traditional Muslim consumers, living in the United States. Because of strict regulatory guidelines, no Islamic banks exist in the United States. Instead, conventional banks, Islāmic banking windows (IBW) and other financial institutions offer Shari‘ah compliant products by modifying classical Islamic contracts or attaching a rider to define contract verbiage. This study reviewed techniques of adapting contracts used for Shari‘ah compliant products in the United States to determine if the contracts maintain the true characteristics of the original classical Islamic contracts. Contracts in Islamic sacred law provide protections by ensuring wealth is not wasted, and no injustice is performed by either of the contracting parties. Wealth protection and justice are the inherit characteristics of contracts in the Islāmic law. Any changes or modifications may void or decrease the protections provided in Islamic law. This research reviewed the theoretical aspects of contract modifications, by analyzing the procedures used for the derivative Shari‘ah compliant product contracts used in the Islamic finance industry in the United States. Data was evaluated and compared with the requirements of classical Islamic contract equivalents, to determine the effects of these changes. / Religious Studies and Arabic / D. Phil. (Religious Studies)