Dispute Resolution in Islamic Finance

Dispute Resolution in Islamic Finance

Author: Adnan Trakic

Publisher: Routledge

Published: 2019-01-22

Total Pages: 196

ISBN-13: 1351188895

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Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.


Book Synopsis Dispute Resolution in Islamic Finance by : Adnan Trakic

Download or read book Dispute Resolution in Islamic Finance written by Adnan Trakic and published by Routledge. This book was released on 2019-01-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.


Dispute Resolution in Islamic Finance: Problems and Solutions

Dispute Resolution in Islamic Finance: Problems and Solutions

Author: Camille Paldi

Publisher:

Published: 2019-12-06

Total Pages: 156

ISBN-13: 9781096353577

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As the Islamic finance industry is growing annually at a rate of 10% to 15% per year, it is imperative that a unique, independent, legal framework is established in order to effectively adjudicate Islamic finance disputes, sukuk bankruptcies, and takaful disputes. The aim of this book is to explore the role of the proposed Dubai World Islamic Finance Arbitration Center ("DWIFAC") and its' jurisprudence office ("DWIFACJO") plus the Sukuk Bankruptcy Tribunal ("SBT") and the Takaful Tribunal ("TT") as the dispute resolution center of the Islamic finance industry. The objective of the book is to show how using a common law jurisdiction inadvertently transforms Islamic financial transactions into conventional disputes. Through case analysis combined with an exploration of the efficacy of existing arbitration centers and dispute resolution methods available to Islamic finance, this book will seek to reveal that the Islamic finance industry currently lacks an adequate dispute resolution mechanism and facility to adjudicate disputes arising from Islamic finance contracts including sukuk and takaful contracts.


Book Synopsis Dispute Resolution in Islamic Finance: Problems and Solutions by : Camille Paldi

Download or read book Dispute Resolution in Islamic Finance: Problems and Solutions written by Camille Paldi and published by . This book was released on 2019-12-06 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Islamic finance industry is growing annually at a rate of 10% to 15% per year, it is imperative that a unique, independent, legal framework is established in order to effectively adjudicate Islamic finance disputes, sukuk bankruptcies, and takaful disputes. The aim of this book is to explore the role of the proposed Dubai World Islamic Finance Arbitration Center ("DWIFAC") and its' jurisprudence office ("DWIFACJO") plus the Sukuk Bankruptcy Tribunal ("SBT") and the Takaful Tribunal ("TT") as the dispute resolution center of the Islamic finance industry. The objective of the book is to show how using a common law jurisdiction inadvertently transforms Islamic financial transactions into conventional disputes. Through case analysis combined with an exploration of the efficacy of existing arbitration centers and dispute resolution methods available to Islamic finance, this book will seek to reveal that the Islamic finance industry currently lacks an adequate dispute resolution mechanism and facility to adjudicate disputes arising from Islamic finance contracts including sukuk and takaful contracts.


Handbook of Research on Theory and Practice of Global Islamic Finance

Handbook of Research on Theory and Practice of Global Islamic Finance

Author: Rafay, Abdul

Publisher: IGI Global

Published: 2019-12-27

Total Pages: 888

ISBN-13: 1799802205

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As an emerging global phenomenon, Islamic economics and the financial system has expanded exponentially in recent decades. Many components of the industry are still unknown, but hopefully, the lack of awareness will soon be stilled. The Handbook of Research on Theory and Practice of Global Islamic Finance provides emerging research on the latest global Islamic economic practices. The content within this publication examines risk management, economic justice, and stock market analysis. It is designed for financiers, banking professionals, economists, policymakers, researchers, academicians, and students interested in ideas centered on the development and practice of Islamic finance.


Book Synopsis Handbook of Research on Theory and Practice of Global Islamic Finance by : Rafay, Abdul

Download or read book Handbook of Research on Theory and Practice of Global Islamic Finance written by Rafay, Abdul and published by IGI Global. This book was released on 2019-12-27 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: As an emerging global phenomenon, Islamic economics and the financial system has expanded exponentially in recent decades. Many components of the industry are still unknown, but hopefully, the lack of awareness will soon be stilled. The Handbook of Research on Theory and Practice of Global Islamic Finance provides emerging research on the latest global Islamic economic practices. The content within this publication examines risk management, economic justice, and stock market analysis. It is designed for financiers, banking professionals, economists, policymakers, researchers, academicians, and students interested in ideas centered on the development and practice of Islamic finance.


Dispute Resolution in Islamic Banking

Dispute Resolution in Islamic Banking

Author:

Publisher:

Published: 2009

Total Pages: 197

ISBN-13: 9789834416942

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Book Synopsis Dispute Resolution in Islamic Banking by :

Download or read book Dispute Resolution in Islamic Banking written by and published by . This book was released on 2009 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Islamic Finance

Islamic Finance

Author: David Eisenberg

Publisher: OUP Oxford

Published: 2012-03-22

Total Pages: 470

ISBN-13: 0191630896

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This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.


Book Synopsis Islamic Finance by : David Eisenberg

Download or read book Islamic Finance written by David Eisenberg and published by OUP Oxford. This book was released on 2012-03-22 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.


Fintech in Islamic Finance

Fintech in Islamic Finance

Author: Umar A. Oseni

Publisher: Routledge

Published: 2019-06-07

Total Pages: 292

ISBN-13: 1351025562

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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 Sharīʿah 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.


Book Synopsis Fintech in Islamic Finance by : Umar A. Oseni

Download or read book Fintech in Islamic Finance written by Umar A. Oseni and published by Routledge. This book was released on 2019-06-07 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Sharīʿah 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.


Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)

Author: Hakimah Yaacob

Publisher:

Published: 2012

Total Pages: 200

ISBN-13: 9789671031865

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Book Synopsis Alternative Dispute Resolution (ADR) by : Hakimah Yaacob

Download or read book Alternative Dispute Resolution (ADR) written by Hakimah Yaacob and published by . This book was released on 2012 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Takaful and Islamic Cooperative Finance

Takaful and Islamic Cooperative Finance

Author: S. Nazim Ali

Publisher: Edward Elgar Publishing

Published: 2016-07-27

Total Pages: 384

ISBN-13: 1785363360

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Islamic finance distinguishes itself from conventional finance with its strong emphasis on the moral consequences of financial transactions; prohibiting interest, excessive uncertainty, and finance of harmful business. When it comes to risk mitigation, it is unique in its risk sharing approach.


Book Synopsis Takaful and Islamic Cooperative Finance by : S. Nazim Ali

Download or read book Takaful and Islamic Cooperative Finance written by S. Nazim Ali and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic finance distinguishes itself from conventional finance with its strong emphasis on the moral consequences of financial transactions; prohibiting interest, excessive uncertainty, and finance of harmful business. When it comes to risk mitigation, it is unique in its risk sharing approach.


A Geo-Legal Approach to the English Sharia Courts

A Geo-Legal Approach to the English Sharia Courts

Author: Anna Marotta

Publisher: BRILL

Published: 2021-12-20

Total Pages: 317

ISBN-13: 9004473092

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A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.


Book Synopsis A Geo-Legal Approach to the English Sharia Courts by : Anna Marotta

Download or read book A Geo-Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.


International Financial Disputes

International Financial Disputes

Author: Jeffrey Golden

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 0

ISBN-13: 9780199687862

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The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.


Book Synopsis International Financial Disputes by : Jeffrey Golden

Download or read book International Financial Disputes written by Jeffrey Golden and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.