Contracts and Deals in Islamic Finance

Contracts and Deals in Islamic Finance

Author: Hussein Kureshi

Publisher: John Wiley & Sons

Published: 2014-12-29

Total Pages: 388

ISBN-13: 1119020581

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A very accessible and concise guide to Islamic finance Contracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners. The embedded requirements within selected Islamic financial contracts, such as risk weightage, capital structures, creations of cash flows, and balance sheets, are explained fully to provide a solid understanding of the backbone of the industry. Aimed primarily at beginners and those with a background in conventional banking, this book guides readers through the major contracts, how they're applied, and how to discern a contract's legitimacy. Case studies and interviews with bankers and global regulators provide real-life examples of contract application, and the author's own experiences provide deep insight into the everyday issues that arise. Ancillary instructor's materials include PowerPoint slides and lecture notes that facilitate use in the classroom. Literature describing the application of Islamic financial contracts is few and far between, and those providing a basic breakdown of these contracts and questioning their validity are rarer still. This book is the first of its kind, offering a basic approach to understanding Islamic contracts, designed for the true beginner. Understand the current contracts applied in Islamic banking Learn how contracts are applied across different jurisdictions Identify illegitimate contracts and those not in the spirit of Shariah law Examine the current economic realities surrounding Islamic finance By highlighting the underlying themes in Islamic finance and assessing the current practices, this book gives readers the solid understanding and up-to-date perspective that form a solid foundation upon which successful Islamic finance is practiced. For a solid introduction to the Islamic finance industry, Contracts and Deals in Islamic Finance is an accessible, practical guide.


Islamic finance contracts

Islamic finance contracts

Author: MONZER KAHF

Publisher: Al Manhal

Published: 2013-01-01

Total Pages: 508

ISBN-13:

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This book deals with an old subject, Islamic Finance contracts. Yet, it is very new and unique in its approach, ideas and arguments. The book classifies Islamic finance contracts in three categories; the first category consists of seven classical finance contracts whose details are given in the classical writings of Islamic jurisprudence (Fiqh), although in no other Fiqh publication these contracts are depicted and distinguished as specifically financing contracts. The second category consists of what I call traditional hybrid Islamic contracts which came about as a result of the 1970’s startup stage of Islamic banking and the search of Shari’ah compliant contracts which fit a process of financial intermediation. The third category consists of Islamic finance contracts which came about during the takeoff and open expansion stage of Islamic banking especially in the first decade of the new millennium. The uniqueness of the book comes from its approach of blending the legal description, conditions and requirements of each Islamic Finance contract with the economic and financial circumstances within which the contract fits and also from the emphasis on the financial consequences of each of the Islamic finance contracts. The book is also unique in bringing about comparison with contracts used in the conventional Western style finance transactions. It is an attempt of formulating the main elements of a general theory of Islamic finance which is internally coherent and also consistent with other components of Islamic economics. Descriptor(s): ISLAMIC ECONOMICS | FINANCING | CONTRACTS | TRANSACTIONS (ISLAMIC JURISPRUDENCE) | SILENT PARTNERSHIP | OWNERSHIP | INVESTMENTS | PROFITS | ISLAMIC BANKS


Islamic Financial Contracts

Islamic Financial Contracts

Author: Hussain Mohi-ud-Din Qadri

Publisher: Routledge

Published: 2021-06-30

Total Pages: 214

ISBN-13: 1000406369

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Islam encourages business and financial transactions as a way of securing the basic needs for all human beings, but these need to be conducted in accordance with the principles contained in the Qur’ān and Sunnah. However, these legal concepts are not classified subject-wise, and the verses on commercial law, like all other topics, are scattered throughout the Qur’ān, making it difficult for readers to gain a full understanding of the topic. This, therefore, is the first comprehensive book to demystify Islamic contract law and specifically Islamic financial contracts, and to examine its roots and history. The book is written in a clear style to allow for a greater understanding of the more challenging and misunderstood areas pertaining to Islamic business and financial contracts. It also contributes a series of chapters which address the market niche and need, concerning Shariah compliance for Islamic financial products and services. The book is divided into 16 chapters in order to provide a holistic and thorough overview of Islamic law of contract. It covers the objections and misconceptions surrounding Islamic business and financial contracts. It also includes the key features and guiding principles of Islamic law of contract and offers technical know-how, illustrating the concept of formation of a contract, as well as the essential elements of a valid contract. The authors also offer a discussion on the system of options under Islamic business and financial contracts and potential solutions to breach of contracts. The book will serve as a handy reference for scholars and students of Islamic business and finance and Islamic commercial law and will also be beneficial for practitioners as well as legal and judicial officers. It will open new doors for further research in the field of Islamic financial contracts.


Fundamentals of Islamic Finance and Banking

Fundamentals of Islamic Finance and Banking

Author: Syeda Fahmida Habib

Publisher: John Wiley & Sons

Published: 2018-10-08

Total Pages: 327

ISBN-13: 1119371007

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A comprehensive and fully up-to-date introductory textbook to Islamic finance and banking Islamic finance and banking is being used increasingly globally — especially in the regions of Middle East and North Africa, South East and South Asia. To cater to the need of trained Islamic finance staff, a large number of Educational institutions are beginning to offer courses, majors and minors in Islamic finance and banking. The major challenge faced by these institutions are suitable textbooks for both undergrad and post-grad levels and especially with the relevant instructor resources (PPTs, test bank, practice activities and answer keys). Luckily, Fundamentals of Islamic Finance and Banking is here to cover the most important topics related to Islamic finance and banking (IF&B) that are relevant for students of business, finance and banking. Offers an historical background of Islamic finance Covers the principles of Sharia Law as pertinent to finance and banking Provides in-depth discussion of the six key Islamic banking products: Murabaha, Mudaraba, Musharaka, Ijara, Salam and Istisna Discusses the Islamic insurance (Takaful) Gives an overview of Islamic investment, especially Sukuks Concludes with the global standing of the Islamic Finance and Banking industry Would-be colleges and universities offering this subject as a course within their finance and/or banking program can’t be without this invaluable guide.


The ABA Practical Guide to Drafting Basic Islamic Finance Contracts

The ABA Practical Guide to Drafting Basic Islamic Finance Contracts

Author: Dena H. Elkhatib

Publisher: American Bar Association

Published: 2012

Total Pages: 0

ISBN-13: 9781614386193

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This guide provides you with the basic knowledge you need to draft an Islamic Finance contract and outlines what you need to do before you begin. The guide includes valuable advice on understanding what Islamic Finance is and what sources are relied upon and its place in the current global financial markets; deciphering the important elements in any Islamic contract; discussion of the various types of Islamic contracts and how the contracts are structured; and much more!


Handbook of Islamic Banking

Handbook of Islamic Banking

Author: Kabir Hassan

Publisher: Edward Elgar Publishing

Published: 2009-01-01

Total Pages: 472

ISBN-13: 9781847205414

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The Handbook of Islamic Banking comprises 25 studies by leading international experts on Islamic banking and finance specially commissioned to analyse the various debates and the current state of play in the field. From its origins thirty years ago, Islamic banking has expanded rapidly to become a distinctive and fast growing segment of the international banking and capital markets. Despite this expansion, Islamic banking still remains poorly understood in many parts of the Muslim world and continues to be a mystery in much of the West. This comprehensive Handbook provides a succinct analysis of the workings of Islamic banking and finance, accessible to a wide range of readers. At the same time, it seeks to bring the current research agenda and the main issues on Islamic banking before a wider audience. Islamic banking offers, as an alternative to conventional interest-based financing methods, a wide variety of financial instruments and investment vehicles based on profit-and-loss sharing arrangements. These are all explored in detail along with other subjects such as governance and risk management, securities and investment, structured financing, accounting and regulation, economic development and globalization. M. Kabir Hassan, Mervyn Lewis and the other contributors have created an authoritative and original reference work, which will contribute to a wider understanding of Islamic banking as well as provoking further discussion and research. It will be invaluable to all scholars, researchers and policymakers with an interest in this subject.


Islamic Finance

Islamic Finance

Author: Mahmoud A. El-Gamal

Publisher: Cambridge University Press

Published: 2006-07-03

Total Pages: 239

ISBN-13: 1139457160

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This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.


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.


Dilemmas and Challenges in Islamic Finance

Dilemmas and Challenges in Islamic Finance

Author: Yasushi Suzuki

Publisher: Routledge

Published: 2018-03-09

Total Pages: 227

ISBN-13: 1351601857

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The phenomenal growth of Islamic finance in the last few decades has been accompanied by a host of interesting questions and challenges. One of the critical challenges is how Islamic financial institutions can be motivated to participate in the 'equity-like' profit-and-loss sharing (PLS) contracts. It is observed that Islamic banks are reluctant to participate in the pure PLS scheme which is manifested by the rising concentration of investment on murabaha or mark-up financing. This phenomenon has been the hotbed of academic criticism on the contemporary practice of Islamic banking. This book explains the 'murabaha syndrome' in light of the incentive provided by the current institutional framework and what are the changes required in the governance structure to mend this anomaly.


Shariah Investment Agreement

Shariah Investment Agreement

Author: Syed Adam Alhabshi

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2021-02-08

Total Pages: 177

ISBN-13: 3110559749

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Risk-sharing investment is currently the buzz word in Islamic finance. However, there is an incongruence in applying multilayered and opaque Tijarah contracts for investment purposes. This has contributed to the divergence between Shariah and Common Law and caused tremendous problems and systemic legal risks to Islamic finance. The authors of Shariah Investment Agreement introduce a legal tool in the form of a Shariah Investment Agreement carefully drafted to ensure that it is Shariah-compliant and can be applied in Common Law jurisdictions as well, so as to allow for the execution of risk-sharing investment in Islamic finance. It details the building blocks and key considerations that must be noted when drafting such agreements so the investor and investee will know what to expect when entering into such a contract. Proper implementation of the Shariah Investment Agreement will pave a clear route to a harmonious convergence between Shariah and Common Law and lead to Islamic finance developing further to become a stronger, unstoppable force in the finance industry.