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The doctrine and application of partnership in Islamic commercial law, with special reference to Malaysian experiments in Islamic banking and finance

This thesis is a study of the doctrine of partnership (<I>mudarabah and musharakah</I>) in Islamic commercial law and its application in Malaysian experiments in Islamic banking and finance. The aim of this thesis is to analyse the operations of the three main Islamic financial institutions in Malaysia, namely <I>Bank Islam Malaysia Berhad (BIMB), Syarikat Takaful Malaysia Sendirian Berhad </I>(Takaful Insurance Company Malaysia Limited) and <I>Lembaga Urusan Dan Tabung Haji</I> (The Malaysian Pilgrims Management and Fund Board) which claim to operate on the principles of Islamic commercial law. The thesis falls into two parts: Part One focuses on the doctrine of partnership in Islamic commercial law, while Part Two consists of the application of the doctrine of partnership in the Malaysian experiments in Islamic banking and finance. After a general introduction, Part One divides into two chapters. Chapter One discusses the doctrine of <I>sharikah</I> (partnership) as a mode of financing in Islamic Commercial Law. Chapter Two deals with the doctrine of <I>mudarabah</I> as a mode of financing in Islamic commercial law. Part Two consists of three chapters (Chapters Three, Four and Five). Chapter Three examines and evaluates the operations and performance of the <I>BIMB</I> which operates on principles of Islamic Commercial Law such as <I>mudarabah</I> and <I>musharakah</I>. Chapter Four examines the operations of <I>Syarikat Takaful Malaysia Sendirian Berhad </I>which operates Family and General Takaful Schemes based on the principles of <I>mudarabah </I>and <I>takaful</I>. Chapter Five attempts to analyse the management and operations of <I>Tabung Haji</I> which was established in order to mobilize the voluntary savings of the Malaysian Muslims in accordance with the principles of <I>mudarabah</I> and <I>ijarah</I>. The study ends with a conclusion and some suggestions and proposals to remedy the weaknesses in interest-free banking and finance in Malaysia, followed by a Selected Bibliography.

Identiferoai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:641791
Date January 1997
CreatorsBorhan, Joni Tamkin
PublisherUniversity of Edinburgh
Source SetsEthos UK
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Sourcehttp://hdl.handle.net/1842/21635

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