No description available.

This thesis aims at investigating the validity of baiʿ al-ʿīnah, not only in classical terms but also in modern practice in the Malaysian banking industries. It also examines modes of Islamic personal financing, apart from baiʿ al-ʿīnah, which are currently practised, or may potentially be used in the future, and their validity, viability and marketability as Islamic financing tools. They include classical and organised tawarruq, rahn-based qarḍ, qarḍ and sale financing, takāful-based qarḍ and hibah-sale based financing. It also investigates the proper legal foundation for the alternatives, namely maṣlaḥah mursalah and its connection with ḥīlah and, whether or not the former could replace the latter as an Islamic legal foundation. Furthermore, it examines parameters for the alternatives to be Sharia compliant. Analysis is confined to the instrument of baiʿ al-ʿīnah in personal financing by using the primary and secondary sources of Sharia through legal analysis of uṣūl al-fiqh. It is concluded that the application of baiʿ al-ʿīnah in the Malaysian banking industries should not be solely referred to the ruling of the instrument in its classical form. Contemporary baiʿ al-ʿīnah is considered non-Sharia compliant if the instrument contains one of the prohibited elements such as the element of a sale for a sale, a sale for a qarḍ, a sale with invalid conditions, selling unavailable or unpossessed items, selling without the responsibility to guarantee and non-Sharia ḥīlah. Any alternative to baiʿ al-ʿīnah could be based on maṣlaḥah mursalah or ḥīlah sharʿīyah to comply with their requirements. The instruments of salam-based financing, classical and organised tawarruq, rahn-based qarḍ, takāful-based qarḍ and hibah for a reward financing have the qualities to replace baiʿ al-ʿīnah as Sharia compliant personal financing instruments.

The dissertation seeks to contribute to the existing body of work in the area of Islamic finance by examining the extent of divergence in practice of Islamic financing from the traditional Shari`ah in the Australian context. To this end, the dissertation presents a discursive analysis of the regulation of Islamic Finance in Australia in terms of (a) the financing instruments used, (b) certainty of transactions between participants in the system, and (c) institutional risk management of Islamic Financial Institutions (IFIs). The methodology chosen for the study is through the Shari`ah, where law, finance, economics and business form a single dimension only, even though a very significant one. Examination of the issues of this study is undertaken through the literature in the relevant field as well as the author’s personal expertise and working experience with several Islamic banks (IBs) and IFIs for a considerable period of time, in addition to his active involvement with at least two of Islamic Financial Services Providers (IFSPs) in Australia. / Doctor of Philosophy (PhD)

No description available.

Rapid development and commercialization within the emerging field of Islamic finance are strong evidence of its sustainability. The Islamic finance industry has experienced remarkable growth, more than US$1 trillion in just 40 years.This consistent growth and the industry’s proven ability to safely navigate global recession and financial crisis while still coming up with innovative products indicate its resilience and competitive edge. Its gradual adoption into the financial portfolios of important financial centres including London, Singapore and Hong Kong is further evidence of its promising future. While numerous studies on Islamic banking, finance and insurance are now available, there has been very little systematic research on this industry’s actual and possible implicationsin maritime trade and commerce. This research aims to fill those gaps. The feasibility of applying Islamic principles to maritime trade is the main theme of this research, which argues that the reduction or removal of unnecessary uncertainties and harmful risks as required under Islamis necessary to strengthen global maritime trade. Islamic principles, as seen in various Islamic financial products applicable to modern maritime trade, will be relevant in strengthening global trade. This is due to, among other things, Islam’s prohibition from dealing with transactions tainted by excessive speculations in addition to the fairer allocation of risks that it required. However, to truly benefit global trade it is proposed here that Islamic financial products must consist of more than merely cosmetic changes to conventional products;their essence must also be different. 　　Global trade can be very volatile, particularly in periods of recession and financial crisis. Instead of wealth with real trade based on productivity, partnership and risk sharing, an increasing number of people are simply conducting speculative activities based on zero-sum risk-transfer and the speculative activities of others. Rather than reducing risk, interested parties are making profits by increasing risk through a variety of speculative and risky transactions. This unprecedented increase in speculative activities in maritime trade, from derivative products to shipbuilding, is a dangerous scenario if left unmonitored. This research proposes that the legal and regulatory framework governing maritime trade could be improved by incorporating some Islamic principles. The legal and regulatory framework governing Islamic finance is also analyzed here. The development of Islamic finance in Southeast Asia is also covered, together with a comparative study of the maritime trade sector in Malaysia, Singapore and Hong Kong as background to show potential. This thesis proposes that a conducive legal and economic environment is fundamental for maritime nations. / published_or_final_version / Law / Doctoral / Doctor of Philosophy

Thesis (Ph.D.)--University of Western Sydney, 2007. / A thesis presented to the University of Western Sydney, College of Business, School of Law, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.

Thesis (MBA (Business Management))--Stellenbosch University, 2008. / ENGLISH ABSTRACT: The South African retirement fund industry, financially sound and well regulated includes a private savings sector and government employees provided for with a near fully-funded retirement arrangement, but approximately three-quarters of the population reach retirement without adequate savings and are dependent on a government social assistance grant programme. One of the broad objectives of government retirement policy is to encourage individuals to provide adequately for their retirement needs and that of their dependents. The retirement funding system has been codified in the Pension Funds Act of 1956. The only investment guidelines that trustees of retirement funds had to follow was Regulation 28 of the Pension Funds Act, which prescribed maximum limits for investments of funds in the various asset classes but provided very little guidance on appropriate investment strategies. The new draft Regulation 28 compels trustees to draw up carefully considered investment strategies. The South Africa Muslim population, though two percent in number has a significant impact on the economy. This report investigates how Regulation 28 collectively with the new draft regulation can be modified to comply with the tenets of the Muslim faith i.e. Shari'ah (Islamic law) requirements. Perhaps the most significant distinction is investment in equity instruments are the main avenue available to Muslim investors for wealth creation, as Islamic law forbids interest. Islamic Commercial Law differs from conventional Western Finance, the most significant difference being the prohibition of riba (interest), commonly equated to interest in conventional finance. However, there are Muslim scholars and thinkers who are not convinced about equating interest with riba with some challenging the riba interest equation. / AFRIKAANSE OPSOMMING: Die finansieel sterk en goed gereguleerde Suid-Afrikaanse Aftreefondsindustrie sluit 'n privaat spaarsektor in en voorsien aan staatsdienswerknemers 'n aftreeplan wat byna ten volle befonds word. Ongeveer twee derdes van die populasie bereik egter aftrede sonder voldoende fondse en is van die regering se Sosiale Bystandsfondsprogram afhanklik. Een van die bree doelwitte van die regering se aftreefondsbeleid is om individue aan te moedig om voldoende aan hulle en hulle afhanklikes se afreebehoeftes te voorsien. Die aftreefondstelsel is in die Pensioenfondswet van 1956 gekodifiseer. Die enigste beleggingsriglyne wat deur trustees van afreefondse gevolg moes word is Regulasie 28 van die Pensioenfondswet. Hierdie riglyne het maksimum limiete vir die belegging van fondse in verskillende bate kategoriee voargeskryf, maar het baie min leiding ten opsigte van die geskikte beleggingstrategiee voorsien. Die nuwe Regulasie 28 konsep verplig trustees am weldeurdagte beleggingstrategiee op te stel. Die Suid-Afrikaanse Moslem populasie, alhoewel net 2% van die totale populasie, het 'n beduidende impak op die ekonomie. Hierdie verslag ondersoek hoe Regulasie 28 in samewerking met die nuwe Regulasie 28 konsep verander kan word am aan die Moslem geloofsleerstellings, bv. Shari'ah (Islam wet) se vereistes te voldoen.

This dissertation assesses how Islamic finance fares as an example of 'civil compromise' in Islamic law. By focusing on the Islamic project finance sector, my research examines how the industry's main stakeholders (representing faith, capital, and power) cooperate and compete to bring about this compromise through the 'Game of Islamic Bank Bargains'. The Islamic finance industry is a work in progress, and while it has made some significant strides, it is still a niche in the global conventional financial order rather than an alternative to it. It has fallen short of fulfilling its originally-stated social justice aspirations, but has provided a previously unavailable form of banking and finance for Muslims to transact, at least formalistically, in accordance with widely-believed tenets of their faith. Thus, those who hold up Islamic finance as a universal panacea or dismiss it outright as a fraud have both got it wrong. It is neither. It is, rather, a complex myriad of incentives and aspirations of a multitude of stakeholders muddled together across numerous geographies and evolving incrementally and constantly. The state of the industry is the result of how the stakeholders (the shariah scholars, lawyers, bankers, government officials, and customers) have pursued their self-interest in the Game of Islamic Bank Bargains. My research examines who are the 'winners' and 'losers' of this game, and what religious, commercial, and political factors have influenced this outcome. I assess what may incentivise the incumbent 'winners' to guide the Islamic finance industry away from a formal and legalistic approach towards one that also incorporates principles from Islamic economics. I explore how the 'losers' - whose interests are not accounted for due to their lack of sufficient financial and political clout - can sway the outcome of the game in their favour.

With the rapid development of the Islamic banking and finance in South Africa, the legal regime of South Africa, must be able to progress at the same rate of development. The recognition of a foreign legal system such as Islamic law in South Africa is challenging and difficult. South Africa, has an interest based insurance legislative framework and this is not aligned with the principles of the Islamic financial system. As a result of this, regulators have taken various measures to develop and promote the Islamic Industry. The amendment to the South African Tax legislation has created an equitable and level playing field for Islamic law. The South African government also has a further obligation which is to develop a legislative framework to govern Islamic law, as well as to enhance the regulatory and supervisory framework. The study of the development of the Islamic legal regime is an important area that aids legal practitioners in identifying and resolving legal disputes. The purpose of this paper is to examine the accommodation of the Islamic law of Takaful under the South African Insurance legal framework. / Public, Constitutional and International Law / LL. M. (Public, Constitutional and International Law)

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)