v anglickém jazyce This theses deals with the nature of Islamic banks and their products in the context of the regulation of financial markets and banking. Islamic banking can be understood as a banking activity that is consistent with sharia - Islamic law. Despite considerable obstacles that Islamic banking has faced in the past, it now occupies a significant and growing portion of the global financial system. In the first part, I will introduce the principles of Islamic law, on which Islamic banking is built, along with the key principles of Islamic finance. Special attention is also paid to the recent history of Islamic banking. Following is a section dealing with selected banking products offered by Islamic banks, whose understanding is crucial for the comprehension of the specific challenges that Islamic banks are facing. The second part is devoted to the issues of regulation of Islamic banks. Firstly, an overview of international regulatory institutions operating in the field of Islamic finance is given and I further explore the question of the impact of Basel III measures on Islamic banks. Due to its nature, Islamic banks are in need of further internal and external audit which examines compliance of their activities with Islamic law. This work is carried out by Sharia Supervisory Boards...

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Cette étude couvre les institutions financières islamiques en général, avec une attention particulière accordée aux banques islamiques. L’intérêt est suscité par la relation directe avec notre sujet traitant de la surveillance de conformité avec la charia, réglementaire et légale, des banques islamiques. Les institutions financières et banques islamiques proposent divers produits de financement et développent plusieurs produits classiques en les adaptant aux principes de la finance islamique, dont l’absence de l’usure (interdiction du riba). Par ailleurs, nous notons que d’une part, certaines institutions financières et banques islamiques commencent à détourner à leur avantage les principes et les règles de base qui ont justifié l’existence même de la finance islamique en tant que substitut à la banque classique, et que d’autre part, même quand lesdites institutions se dotent d’instance de surveillance, leurs prérogatives se limitent à conseiller sans intervention pour réparer les défaillances et sans que leurs décisions et recommandations n’aient de force obligatoire. Ces constats nous amènent plus loin dans notre analyse, et nous poussent à nous interroger sur le fait d’assumer les implications de la responsabilité civile sous ses deux formes ; contractuelle et délictuelle ainsi que les implications de la responsabilité pénale pour les membres de ces instances. Le rôle de ces organes peut être plus effectif et plus efficace, comme nous le montrerons grâce à une approche réglementaire légale des activités et travaux des instances de surveillance de la charia. De ce fait, le sujet de la thèse implique une comparaison et un parallélisme entre les activités bancaires islamiques et la surveillance réglementaire du point de vue de la loi islamique charaique et la surveillance réglementaire des activités bancaires islamiques d’un point de vue légal. / The present study covers the issue of islamic financial institutions in overall, with a particular attention attributed for islamic banks. The topic is interesting because of the direct relationship with the compliance monitoring with the Shariaa, regulatory and legal of Islamic banks. These financial institutions and Islamic banks offer various products of financing and develop several conventional products adapting them to the principles of Islamic finance, including the absence of usury (interdiction of riba). We should mention that some financial institutions and Islamic banks begin to divert for their advantages the principles and the basic rules that justified the existence of Islamic finance, like substitute for the traditional bank. And the role of institutions of compliance monitoring is limited to provide advises without intervention to prepare the failures, in other terms their decisions and recommendations did not have the binding force. These findings allowed deepening our analysis to pose the question regarding assuming the consequences of the civil liabilities under the 2 forms: contractual and delictual, in addition to the consequences and the criminal liabilities for the members of these authorities of compliance monitoring. The role of these organs could be more effective and efficient, like we underlined with the regulatory approach of their activities and the works of these authorities of compliance with the Shariaa. The present dissertation provides a comparison between the Islamic banks activities and the regulatory monitoring from the perspective of the Islamic rules of Shariaa and the regulatory monitoring of the activities of Islamic banks form legal perspective.

The diploma thesis deals with the Turkish insurance market. First it is about Turkey itself, its insurance history, then it defines Turkish sectors of life insurance, pension insurance, compulsory insurance and commercial health insurance. Another important part of the thesis presents main Turkish insurance legislation and its harmonization with the EU. It is followed by the analysis of indicators of the Turkish insurance market in 2012. The thesis should provide sufficient information about the most important Turkish institutions and insurance and reinsurance companies. The final chapter is devoted to Turkey's potential for Islamic banking and insurance, because it should not be forgotten that the vast majority of Turkish are Muslims.

As a result of globalization, the concept of Corporate Social responsibility (CSR) has become on the agendas of organizations over the past decade. The organizations in Kuwait are no exception; they have been striving to address and execute the best practices of CSR. The banking sector in Kuwait, which plays a pivotal role in the economy, represents an area of strong interest for anyone wanting to research the depiction of CSR in Kuwait since it was the first sector that introduced corporate social responsibility and is considered a pioneer in that field. However, no studies were found that have examined CSR policies in practice in Kuwait or in the banking sector in particular. This thesis therefore focuses on obtaining a better understanding of how corporate social responsibility works in practice in the Kuwaiti banks from the perspective of three groups: the decision makers of CSR in the Kuwaiti banks, the employees of the banks, and the banks’ customers. The researcher used a qualitative approach in which data were collected using interviews and document analysis. The collected data were interpreted and analysed and thereafter drawn the conclusion that banks are very clear in defining their CSR objectives which are aligned with their overall corporate strategy. However, there were commonalities and differences in how stakeholders understand and perceive CSR. The study also revealed that both the 2008 financial crisis and Islam influenced the way CSR is exercised in the banks, and moderately, influenced the employees and customers. / Burgan Bank

The corporate world today is highly competitive and in order for organizations to survive and remain competitive, they must constantly evolve through change. However, the majority of organizational changes neither result in successful implementation or foster sustained change. It is suggested that the success of changes are highly contingent on employees’ responses towards them. To this end, Islamic Work Ethic (IWE) has become a subject of growing interest amongst academia and human resource literature attempting to understand and predict employees’ responses towards organizational change, particularly in Muslim societies. Despite this, studies attempting to uncover IWE’s influence on characteristics of employees’ responses towards change have revealed varying outcomes. Thus, the nature of the relationship remains ambiguous. To tackle this gap, this study contributes to knowledge by developing a conceptual model that assists in identifying the influence of IWE on employees’ responses towards change in the shape of their commitment to change and organizational deviance behaviors. The testing of these relationships was carried out in the ever changing and developing Islamic banking industry within the Middle Eastern context of Kuwait. Through a quantitative case-study approach, data was collected from 398 branch-level employees via questionnaires. The outcomes revealed that the extent of IWE’s influence on employee commitment to change varied greatly across different components (affective, normative and continuance). On the other hand, IWE was found to negatively influence employee engagement in organizational deviance towards change. Due to such findings, several theoretical implications, practical recommendations and future research directions are put forward.

Thesis (MBA)--Stellenbosch University, 2011. / The Islamic Banking industry has been one of the fastest growing industries worldwide with a compound annual growth rate of 28% between 2006 and 2009(Reuters, 2010). These growth rates were experienced amidst the worst economic meltdown the world has seen in decades. This is a clear indication that there is a high level of confidence in the industry. Although the industry has existed for centuries, the past few decades have brought about a revival in Islamic banking. Many Western countries are recognising the industry’s importance and have taken various steps in supporting the establishment of it. South Africa has also taken such steps and has a vision of becoming a hub for Islamic banking on the African continent. This mini thesis examines the differences in nature of the underlying principles of Islamic and conventional banking which then brings to the fore the various challenges that exist in the unhindered functioning of Islamic banks within Western countries. These challenges revolve around institutional and legal frameworks, regulatory and supervisory bodies, South African Reserve Bank requirements, interest, taxation and conceptual understandings. In order to provide recommendations to address these challenges, case studies of Islamic banking in both, Islamic and Western countries were conducted. These case studies provided insight into how countries have addressed similar challenges and to what degree were they successful. This provided the basis from which recommendations were made for Islamic banking to function efficiently and effectively in South Africa and for the country to achieve its goal of becoming a hub of Islamic banking on the African continent.

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.

Essa pesquisa procura mostrar as possibilidades de relacionamento entre a economia islâmica e o capitalismo, a partir de um de seus pensadores contemporâneos, Aiatolá Muhammad Baqir Assadr, iraquiano que desenvolveu pesquisas nas áreas de jurisprudência islâmica, economia e bancária. Em seus trabalhos, como Iqtsaduna e A Banca Livre de Juros, procuramos explorar os princípios e sua filosofia para o desenvolvimento de um modelo que atendesse as necessidades da população muçulmana. Na primeira parte de nossa pesquisa, procuramos levantar a biografia do autor, assim como seu contexto histórico, com o intuito de compreender as razões de suas críticas aos modelos capitalista e socialista. Num segundo momento, tendo em mente o cenário em que vivia Assadr, foram analisadas suas principais obras na área econômica, onde buscamos compreender sua proposta para um modelo econômico islâmico, que serviu como base para o pensamento moderno. Na parte final desta pesquisa procuramos debater o pensamento econômico dentro do contexto internacional, mostramos também a adaptação da lei islâmica, que pode ser restritiva para o sistema capitalista internacional e seu posicionamento liberal, mas também, buscamos refletir a criação de sistema capitalista islâmico, já que ao que parece, temos diversas faces do sistema econômico islâmico. / This research aims to show the possibilities of relationship between Islamic economics and capitalism, from one of his contemporary thinkers, Ayatollah Muhammad Baqir Sadr. Iraqi who developed research in the areas of Islamic jurisprudence, economics and banking. In his works, as Iqtsaduna and The Interest Free Banking, we try to explore the principles and philosophy to develop a model that would meet the needs of the Muslim population. In the first part of our research, we try to raise the author\'s biography as well as its historical context in order to understand the reasons for their criticism of the capitalist and socialist models. Secondly, bearing in mind the scene in which he lived Sadr, was considered his major works, in the economic area, where we try to understand his proposal for an Islamic economic model, which served as the basis for modern thought. In the final part of this research seek to discuss economic thinking within the international context, we also show the adaptation of Islamic law, which can be restrictive for international capitalist system and its liberal position, but also seek to reflect the creation of Islamic capitalist system, as that it seems we have the various aspects of Islamic economic system.

Essa pesquisa procura mostrar as possibilidades de relacionamento entre a economia islâmica e o capitalismo, a partir de um de seus pensadores contemporâneos, Aiatolá Muhammad Baqir Assadr, iraquiano que desenvolveu pesquisas nas áreas de jurisprudência islâmica, economia e bancária. Em seus trabalhos, como Iqtsaduna e A Banca Livre de Juros, procuramos explorar os princípios e sua filosofia para o desenvolvimento de um modelo que atendesse as necessidades da população muçulmana. Na primeira parte de nossa pesquisa, procuramos levantar a biografia do autor, assim como seu contexto histórico, com o intuito de compreender as razões de suas críticas aos modelos capitalista e socialista. Num segundo momento, tendo em mente o cenário em que vivia Assadr, foram analisadas suas principais obras na área econômica, onde buscamos compreender sua proposta para um modelo econômico islâmico, que serviu como base para o pensamento moderno. Na parte final desta pesquisa procuramos debater o pensamento econômico dentro do contexto internacional, mostramos também a adaptação da lei islâmica, que pode ser restritiva para o sistema capitalista internacional e seu posicionamento liberal, mas também, buscamos refletir a criação de sistema capitalista islâmico, já que ao que parece, temos diversas faces do sistema econômico islâmico. / This research aims to show the possibilities of relationship between Islamic economics and capitalism, from one of his contemporary thinkers, Ayatollah Muhammad Baqir Sadr. Iraqi who developed research in the areas of Islamic jurisprudence, economics and banking. In his works, as Iqtsaduna and The Interest Free Banking, we try to explore the principles and philosophy to develop a model that would meet the needs of the Muslim population. In the first part of our research, we try to raise the author\'s biography as well as its historical context in order to understand the reasons for their criticism of the capitalist and socialist models. Secondly, bearing in mind the scene in which he lived Sadr, was considered his major works, in the economic area, where we try to understand his proposal for an Islamic economic model, which served as the basis for modern thought. In the final part of this research seek to discuss economic thinking within the international context, we also show the adaptation of Islamic law, which can be restrictive for international capitalist system and its liberal position, but also seek to reflect the creation of Islamic capitalist system, as that it seems we have the various aspects of Islamic economic system.