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Islamic Banks and Financial Institutions: A Study of their Objectives and Achievements (Palgrave Macmillan Studies in Banking and Financial Institutions)
by Fayaz Ahmad LoneThis book is a study of the objectives of Islamic Finance in the modern banking space and offers insight into the effects of changes and developments occurring in Islamic banking products and services.
Islamic Bioethics: Problems and Perspectives (International Library of Ethics, Law, and the New Medicine #31)
by DARIUSCH ATIGHETCHIThis book presents a critical analysis of the debate in Muslim countries at the religious, legal and political level, sparked by the introduction of new biomedical technologies such as cloning, genetics, organ transplants and in vitro fertilisation. The book draws on law, sociology, anthropology, politics and the history of science. For this reason it will be of interest to scholars and operators in a wide variety of disciplines and fields.
Islamic Business and Performance Management: The Maslahah-Based Performance Management System (Islamic Business and Management)
by Achmad Firdaus Khaliq AhmadThis unique book discovers a new dimension in the study of strategic and performance management in Islamic Business studies. It addresses the missing link of spirituality from modern-day organizational structure in the presence of high-tech pressure in all areas of human endeavours. The authors propose an integrated study of Islamic business approach to strategic and performance management systems to achieve sustainable organizational performance. The book explores employees’ wellbeing and organizations’ perceiving work environment as a spiritual pathway to cultivate values in Islamic business ecosystem to sustain humanity. It is all about care, empathy, and sustenance of others, about truthfulness and management being truthful to themselves and others and endeavouring to live their values more effusively while performing their work. The book stresses the impact of spirituality in performance management, concluding that for any organization to run efficiently, spirituality is the core component to attain happiness, contentment, and success. The book will be of interest to a variety of management scholars, including those researching and studying performance management, talent management, strategic management, and business ethics.
Islamic Business and Performance Management: The Maslahah-Based Performance Management System (Islamic Business and Management)
by Achmad Firdaus Khaliq AhmadThis unique book discovers a new dimension in the study of strategic and performance management in Islamic Business studies. It addresses the missing link of spirituality from modern-day organizational structure in the presence of high-tech pressure in all areas of human endeavours. The authors propose an integrated study of Islamic business approach to strategic and performance management systems to achieve sustainable organizational performance. The book explores employees’ wellbeing and organizations’ perceiving work environment as a spiritual pathway to cultivate values in Islamic business ecosystem to sustain humanity. It is all about care, empathy, and sustenance of others, about truthfulness and management being truthful to themselves and others and endeavouring to live their values more effusively while performing their work. The book stresses the impact of spirituality in performance management, concluding that for any organization to run efficiently, spirituality is the core component to attain happiness, contentment, and success. The book will be of interest to a variety of management scholars, including those researching and studying performance management, talent management, strategic management, and business ethics.
Islamic Contract Law
by Ilias Bantekas Jonathan G. Ercanbrack Umar A. Oseni Ikram UllahThe first comprehensive treatment of Islamic contract law in the English language, Islamic Contract Law serves as both a reference work and an authoritative statement of the law and the Fiqh underlying it. The book's structure draws from the tradition of western contract law books to enable non-expert readers to easily navigate its structure, sources, and application. It covers the complete spectrum of Islamic contract regulation, and includes chapters on the formation of contracts, the sources of Islamic contract law, the role of intention, legal capacity, the importance of the subject matter, as well as the prohibited elements of contracts. Further chapters discuss validity and defects, contractual terms, bilateral agreements, equity-based partnership contracts, ancillary and unilateral contracts, termination and damages, and the role of third parties. Finally, a chapter is devoted to the application of Islamic law in contemporary Muslim-majority legal systems. This is a key work for understanding the contract underpinnings of Islamic finance instruments and is a must-read for scholars, legal professionals, and students with an interest in contracts governed by Islamic Law.
Islamic Contract Law
by Ilias Bantekas Jonathan G. Ercanbrack Umar A. Oseni Ikram UllahThe first comprehensive treatment of Islamic contract law in the English language, Islamic Contract Law serves as both a reference work and an authoritative statement of the law and the Fiqh underlying it. The book's structure draws from the tradition of western contract law books to enable non-expert readers to easily navigate its structure, sources, and application. It covers the complete spectrum of Islamic contract regulation, and includes chapters on the formation of contracts, the sources of Islamic contract law, the role of intention, legal capacity, the importance of the subject matter, as well as the prohibited elements of contracts. Further chapters discuss validity and defects, contractual terms, bilateral agreements, equity-based partnership contracts, ancillary and unilateral contracts, termination and damages, and the role of third parties. Finally, a chapter is devoted to the application of Islamic law in contemporary Muslim-majority legal systems. This is a key work for understanding the contract underpinnings of Islamic finance instruments and is a must-read for scholars, legal professionals, and students with an interest in contracts governed by Islamic Law.
Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam (Logic, Argumentation & Reasoning #21)
by Larry Benjamin MillerThis book charts the evolution of Islamic dialectical theory (jadal) over a four-hundred year period. It includes an extensive study of the development of methods of disputation in Islamic theology (kalām) and jurisprudence (uṣūl al-fiqh) from the tenth through the fourteenth centuries. The author uses the theoretical writings of Islamic theologians, jurists, and philosophers to describe the conceptOverall, this investigation looks at the extent to which the development of Islamic modes of disputation is rooted in Aristotle and the classical tradition. The author reconstructs the contents of the earliest systematic treatment of the subject by b. al-Rīwandī. He then contrasts the theological understanding of dialectic with the teachings of the Arab Aristotelians–al-Fārābī, Avicenna, and Averroes. Next, the monograph shows how jurists took over the theological method of dialectic and applied it to problems peculiar to jurisprudence. Although the earliest writings on dialectic are fairly free of direct Aristotelian influence, there are coincidences of themes and treatment. But after jurisprudence had assimilated the techniques of theological dialectic, its own theory became increasingly influenced by logical terminology and techniques. At the end of the thirteenth century there arose a new discipline, the ādāb al-baḥth. While the theoretical underpinnings of the new system are Aristotelian, the terminology and order of debate place it firmly in the Islamic tradition of disputation.
The Islamic Economic System: Cultural Context in a Global Economy (Islamic Business and Finance Series)
by Muhammad Awais Ali Osman Öztürk Omar Khalid Bhatti Nazima EllahiIslamic Economics refers to financial aspects or monetary activities and processes, which adhere to Islamic standards and teachings. The Islamic Economic System relates to the hypothetical development of an economy whose individuals follow the Islamic faith. This book presents an interesting and timely narrative of the concepts of Islamic economics in the context of Islamic culture. Its purpose is to guide individuals and organizations towards a Shariah-based Islamic Economic System.It begins by introducing the Islamic Economic System; its historical origins are explained in the framework of the verses of the Holy Quran, and in light of the Shariah scholars and the philosophical thinkers of the mid-20th century. It discusses concepts such as the evolution of Islamic Fintech and Artificial Intelligence (AI); the relationship between Islamic corporate governance and Islamic Economics; the distribution of wealth in Islam; Islamic Social Finance; Islamic Economic practices in the banking industry, behavioural norms and moral foundations; and Islamic Economics in Organisation of Islamic Cooperation (OIC) and non-OIC countries. The author emphasizes the principles that set Islamic economics apart from traditional systems, grounded in Shariah evidence and highlights the role of Islamic principles in promoting overall business success and ethical practices in the banking industry, offering comparative analysis between Islamic and conventional models, as well as economic systems. Drawing on a rich array of sources, including the Quran and interviews with renowned religious scholars, the book provides a well-rounded and thoroughly researched argument.This book will serve as a valuable resource for academics, scholars, researchers, and organizations seeking to navigate the complexities of an interest-free economic system guided by Islamic principles.
The Islamic Economic System: Cultural Context in a Global Economy (Islamic Business and Finance Series)
by Muhammad Awais Ali Osman Öztürk Omar Khalid Bhatti Nazima EllahiIslamic Economics refers to financial aspects or monetary activities and processes, which adhere to Islamic standards and teachings. The Islamic Economic System relates to the hypothetical development of an economy whose individuals follow the Islamic faith. This book presents an interesting and timely narrative of the concepts of Islamic economics in the context of Islamic culture. Its purpose is to guide individuals and organizations towards a Shariah-based Islamic Economic System.It begins by introducing the Islamic Economic System; its historical origins are explained in the framework of the verses of the Holy Quran, and in light of the Shariah scholars and the philosophical thinkers of the mid-20th century. It discusses concepts such as the evolution of Islamic Fintech and Artificial Intelligence (AI); the relationship between Islamic corporate governance and Islamic Economics; the distribution of wealth in Islam; Islamic Social Finance; Islamic Economic practices in the banking industry, behavioural norms and moral foundations; and Islamic Economics in Organisation of Islamic Cooperation (OIC) and non-OIC countries. The author emphasizes the principles that set Islamic economics apart from traditional systems, grounded in Shariah evidence and highlights the role of Islamic principles in promoting overall business success and ethical practices in the banking industry, offering comparative analysis between Islamic and conventional models, as well as economic systems. Drawing on a rich array of sources, including the Quran and interviews with renowned religious scholars, the book provides a well-rounded and thoroughly researched argument.This book will serve as a valuable resource for academics, scholars, researchers, and organizations seeking to navigate the complexities of an interest-free economic system guided by Islamic principles.
Islamic Economics as Mesoscience: A New Paradigm of Knowledge
by Masudul Alam ChoudhuryThis book presents the building blocks of Islamic economics as meso-science, offering an in-depth study of the Qur’anic worldview of the monotheistic unity of knowledge, which is the universal and unique message of Tawhid in the Qur’an. This primal ontological premise is formalised in an analytical approach that introduces and unpacks the philosophical concepts of ontology, epistemology, and phenomenology in relation to the Tawhidi methodological worldview. The analysis of Qur’anic logical consistency is then cast in a phenomenological perspective by applying the complete model of the unity of knowledge of the Qur’an in a specific study of the Tawhidi methodological approach to Islamic financial-economic theory. In doing so, it tackles the problems of meso-economics given its socio-scientific holism in world affairs. It hones in on the results of the symbiotic modulation of evolutionary learning processes in the world system of the unity of knowledge and its material embedding across knowledge, and knowledge-induced space and time dimensions. The author poses that Shari’ah is only partial in its scope, and excludes an analytical methodological worldview. Shari’ah is thus cast in the midst of a meso-socio-scientific absence of any appertaining methodology. The book is a landmark work in the conceptual and applied understanding of Tawhid as the methodological worldview of the monotheistic unity of knowledge in the meso-socio-scientific realm of ‘everything’, particularised to Islamic economics. Adopting an inter-disciplinary view integrating various fields, it challenges pervasive Western academic and institutional thinking in terms of economics. It will be of interest to students and researchers in Islamic economics, religious theory, Islamic philosophy, development studies, and finance.
Islamic Ethics: Fundamental Aspects of Human Conduct
by Abdulaziz SachedinaThere have been two main traditions of writing on ethics in the Islamic tradition, one philosophical and related to the works of Aristotle and other Greek philosophers, represented by thinkers such as Avicenna, and one theological, represented by such figures as the famous theologian al-Qadi Abd al-Jabbar. Some later scholars attempted to combine those two traditions. For the most part, however, the views of the jurists have been ignored. Abdulaziz Sachedina here calls attention to this third tradition of ethics, which has its home in legal literature. The problem is that Islamic jurists did not produce a genre of ethical manuals, and their form of ethics, which Sachedina terms juridical ethics, must be derived or extracted from works that ostensibly treat legal rulings and obligations, or scriptural hermeneutics and legal theory. Presenting an outline of the version of Islamic ethics that is embedded in the textual legacy of the Islamic legal tradition, he argues that this juridical ethics is an important, even dominant form of ethics in modern Islam. He notes that this form of ethics has been challenged by modernity and examines the variety of ways in which legal ethical thinkers have reacted. How do Muslim religious leaders come to grips with modern demands of directing their communities to live as modern citizens of nation-states? What kind of moral and spiritual resources are being garnered by their scholars to respond to the new issues in sciences, more immediately in medicine, and constantly changing social relationships? To answer these pressing questions, it is necessary to go beyond the philosophical ethics of virtue and human character and acknowledge the importance of ethics to the formulation in Muslim interpretive jurisprudence of religious and moral decisions that are based on reason and revelation.
Islamic Ethics: Fundamental Aspects of Human Conduct
by Abdulaziz SachedinaThere have been two main traditions of writing on ethics in the Islamic tradition, one philosophical and related to the works of Aristotle and other Greek philosophers, represented by thinkers such as Avicenna, and one theological, represented by such figures as the famous theologian al-Qadi Abd al-Jabbar. Some later scholars attempted to combine those two traditions. For the most part, however, the views of the jurists have been ignored. Abdulaziz Sachedina here calls attention to this third tradition of ethics, which has its home in legal literature. The problem is that Islamic jurists did not produce a genre of ethical manuals, and their form of ethics, which Sachedina terms juridical ethics, must be derived or extracted from works that ostensibly treat legal rulings and obligations, or scriptural hermeneutics and legal theory. Presenting an outline of the version of Islamic ethics that is embedded in the textual legacy of the Islamic legal tradition, he argues that this juridical ethics is an important, even dominant form of ethics in modern Islam. He notes that this form of ethics has been challenged by modernity and examines the variety of ways in which legal ethical thinkers have reacted. How do Muslim religious leaders come to grips with modern demands of directing their communities to live as modern citizens of nation-states? What kind of moral and spiritual resources are being garnered by their scholars to respond to the new issues in sciences, more immediately in medicine, and constantly changing social relationships? To answer these pressing questions, it is necessary to go beyond the philosophical ethics of virtue and human character and acknowledge the importance of ethics to the formulation in Muslim interpretive jurisprudence of religious and moral decisions that are based on reason and revelation.
Islamic Ethics and Incidental Findings: Genomic Morality Beyond the Secular Paradigm (SpringerBriefs in Ethics)
by Mohammed GhalyThis open access book offers unique insights into the key ethical issues faced by practitioners and discussed by ethicists in the field of genomics and incidental findings, with a focus on the Islamic moral tradition. Embark on an enlightening exploration of key ethical challenges in genomics and incidental findings, uniquely tailored to the context of the Muslim Arab world. Following the regional scientific leap in genomic infrastructure, this study provides a timely response to the need for a solid evidence base that pairs scientific research with cutting-edge research in Islamic ethics. A variety of expert perspectives have been incorporated, which produce a holistic overview of the intricate, interwoven systems, including the status quo of genomic research in the Gulf region, related Islamic ethical deliberations, and, finally, the governing jurisdictions and regulations on the ground. This publication stands as a pioneer work for academics interested in various fields, including genomics, bioethics, and Islamic studies. It equally serves as an invaluable guide for practitioners and policy-makers, equipping them to make informed decisions that resonate with the socio-cultural and religio-ethical nuances of the Islamic tradition. Being multidisciplinary in nature, the study is written in such a way that makes it accessible for those without a specialized background in Islamic studies or genomics.
Islamic Feminisms: Rights and Interpretations Across Generations in Iran (Gender in Law, Culture, and Society)
by Roja FazaeliThis book explores the contentious topic of women’s rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women’s movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women’s rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws. The book will appeal both to academics and human rights practitioners.
Islamic Feminisms: Rights and Interpretations Across Generations in Iran (Gender in Law, Culture, and Society)
by Roja FazaeliThis book explores the contentious topic of women’s rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women’s movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women’s rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws. The book will appeal both to academics and human rights practitioners.
Islamic Finance: Law and Practice
by Craig R. Nethercott and David M. EisenbergThis book is the most comprehensive and authoritative practical guide to financial transactions under Islamic law. Global interest in Shari'a-compliant financial practices continues to increase, but Islamic financial products can often be hard to understand, not least because they often cut across rather than strictly align with more conventional financial products. This book provides the necessary explanation by explaining the theoretical underpinnings of Islamic finance as a whole before going on to examine the major individual transaction structures in detail. The first part of the book informs the reader about the general background to Islamic Finance and the relevant aspects (and sources) of Islamic law. It also considers the role of Shari'a supervisory boards, Islamic financial institutions and accounting approaches. The second part of the book concentrates on Islamic financial law in practice by focusing on individual concepts and 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. Arrangements discussed include Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). Takaful (insurance) is also examined in detail. A new chapter has also been added to this second part of the book detailing the principles of Islamic investment funds and commonly applied structures.
Islamic Finance: New Trends in Law and Regulation (Contributions to Management Science)
by Nadia Mansour Lorenzo BujosaThis volume discusses the new trends in law and regulation in Islamic finance. Islamic finance is a particular component of the global financial system and is very different from secular finance. To understand the development of Islamic finance, it is important to place it in the context of financial globalization. Islamic finance is a new force in the contemporary world financial system and is present in more than a hundred countries. The current generation of Muslim economic power is crowding into the world's financial currents with trillions in liquidity and is growing at a high rate of 10-15% per year. Islamic finance is coming into focus and is not confined to Islamic countries but is present in every larger Muslim community, which means that it cannot be isolated from the effects of financial globalization. This edited volume discusses the effects of global financial transactions in Islamic finance and how it impacts its law and regulation.
Islamic Finance: Law and Practice
This book is the most comprehensive and authoritative practical guide to financial transactions under Islamic law. Global interest in Shari'a-compliant financial practices continues to increase, but Islamic financial products can often be hard to understand, not least because they often cut across rather than strictly align with more conventional financial products. This book provides the necessary explanation by explaining the theoretical underpinnings of Islamic finance as a whole before going on to examine the major individual transaction structures in detail. The first part of the book informs the reader about the general background to Islamic Finance and the relevant aspects (and sources) of Islamic law. It also considers the role of Shari'a supervisory boards, Islamic financial institutions and accounting approaches. The second part of the book concentrates on Islamic financial law in practice by focusing on individual concepts and 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. Arrangements discussed include Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). Takaful (insurance) is also examined in detail. A new chapter has also been added to this second part of the book detailing the principles of Islamic investment funds and commonly applied structures.
Islamic Finance in Europe: A Cross Analysis of 10 European Countries (Palgrave Studies in Islamic Banking, Finance, and Economics)
by Mohyedine HajjarInformation about Islamic finance in European countries is usually provided by professional-style reports, offering practical data on implementation of standardized products. However, precise developments about material legal provisions applicable to contracts and their actual legal regime are not often detailed. In order to fill this gap, 15 researchers from across Europe contributed to this project. They describe the state of actual Islamic finance in 10 European countries, as well as applicable EU law. By combining legal analysis with statistical description of existing practices and social demand, this book provides an exhaustive account of the current potential of Islamic finance in Europe.
Islamic Finance in the Financial Markets of Europe, Asia and America (Islamic Business and Finance Series)
by Faiza IsmailAmong international financial centres (IFCs), London is known as the ‘Western hub of Islamic Finance’, on account of its well-developed legal infrastructure. However, Brexit has threatened London’s status and consequently, the financial services industry is moving to Dublin to continue operating in the Euro region. Similarly, Islamic finance (IF) service providers in the UK are also looking to Dublin for expansion of this niche area in euro member states. This is the first book to be written about Islamic finance operations in the Eurozone. The book offers an in-depth description of International Financial Centres and the growth of Islamic Finance, compares the growth of Islamic finance in London, Dubai and Kuala Lumpur, outlines the implications of Brexit for financial service providers in London in general and Islamic investors in particular and also presents a case study of Ireland to establish the latter as the most appropriate country to promote IF in the Eurozone. The time is particularly right for a book exploring the potential of Ireland to emerge as a Eurozone hub of Islamic finance, as a result of Britain’s exit from Europe. The book will cater to the needs of readers studying Islamic finance (IF) in the disciplines of economics, business, law, and religion. A secondary market includes practitioners, such as policymakers, lawyers, fund managers, accountants, regulators and international investors, who will be interested in exploring the benefits that the UK and Ireland have to offer the Islamic finance industry.
Islamic Finance in the Financial Markets of Europe, Asia and America (Islamic Business and Finance Series)
by Faiza IsmailAmong international financial centres (IFCs), London is known as the ‘Western hub of Islamic Finance’, on account of its well-developed legal infrastructure. However, Brexit has threatened London’s status and consequently, the financial services industry is moving to Dublin to continue operating in the Euro region. Similarly, Islamic finance (IF) service providers in the UK are also looking to Dublin for expansion of this niche area in euro member states. This is the first book to be written about Islamic finance operations in the Eurozone. The book offers an in-depth description of International Financial Centres and the growth of Islamic Finance, compares the growth of Islamic finance in London, Dubai and Kuala Lumpur, outlines the implications of Brexit for financial service providers in London in general and Islamic investors in particular and also presents a case study of Ireland to establish the latter as the most appropriate country to promote IF in the Eurozone. The time is particularly right for a book exploring the potential of Ireland to emerge as a Eurozone hub of Islamic finance, as a result of Britain’s exit from Europe. The book will cater to the needs of readers studying Islamic finance (IF) in the disciplines of economics, business, law, and religion. A secondary market includes practitioners, such as policymakers, lawyers, fund managers, accountants, regulators and international investors, who will be interested in exploring the benefits that the UK and Ireland have to offer the Islamic finance industry.
Islamic Finance in Western Higher Education: Developments and Prospects (IE Business Publishing)
by Ahmed Belouafi, Abderrazak Belabes and Cristina TrullolsThis is the first of its kind in its topical coverage of the developments and prospects of Islamic finance education at Western higher education. Intended to establish itself as a unique reference for academics and researchers this book gives an insight into ethics and values in curricula development at business schools and in finance departments.
Islamic Financial Contracts: A Research Companion (Islamic Business and Finance Series)
by Hussain Mohi-ud-Din Qadri Nasir IqbalIslam 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.
Islamic Financial Contracts: A Research Companion (Islamic Business and Finance Series)
by Hussain Mohi-ud-Din Qadri Nasir IqbalIslam 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.
Islamic International Law: Historical Foundations and Al-Shaybani’s Siyar
by Khaled R. BashirThrough the analysis of Al-Shaybani’s most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani’s work. This book will go some way towards filling the lacuna. Islamic International Law examines Al-Shaybani’s work alongside that of other leading scholars such as Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani’s writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani’s writing in a modern context. This book will be a useful and unique resource for scholars in the field of Islamic International law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as international humanitarian law, just war, international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.