Dispute Resolution In Islamic Finance
DOWNLOAD
Download Dispute Resolution In Islamic Finance PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Dispute Resolution In Islamic Finance book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Dispute Resolution In Islamic Finance
DOWNLOAD
Author : Adnan Trakic
language : en
Publisher: Routledge
Release Date : 2019-01-22
Dispute Resolution In Islamic Finance written by Adnan Trakic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-22 with Business & Economics categories.
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.
Alternative Dispute Resolution In Islamic Finance
DOWNLOAD
Author : Nik Sarina Hashim
language : en
Publisher:
Release Date : 2012
Alternative Dispute Resolution In Islamic Finance written by Nik Sarina Hashim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Compromise (Islamic law) categories.
Dispute Resolution In Islamic Finance Problems And Solutions
DOWNLOAD
Author : Camille Paldi
language : en
Publisher:
Release Date : 2019-12-06
Dispute Resolution In Islamic Finance Problems And Solutions written by Camille Paldi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-06 with categories.
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.
Dispute Resolution In Islamic Finance
DOWNLOAD
Author : Adnan Trakic
language : en
Publisher: Routledge
Release Date : 2020-09-30
Dispute Resolution In Islamic Finance written by Adnan Trakic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-30 with Dispute resolution (Islamic law) categories.
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
DOWNLOAD
Author : Adnan Trakic
language : en
Publisher: Routledge
Release Date : 2019-01-22
Dispute Resolution In Islamic Finance written by Adnan Trakic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-22 with Business & Economics categories.
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 Banking
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2009
Dispute Resolution In Islamic Banking written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Banking and banking categories.
Islamic Finance
DOWNLOAD
Author : David Eisenberg
language : en
Publisher: OUP Oxford
Release Date : 2012-03-22
Islamic Finance written by David Eisenberg and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
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.
The Relevance Of Online Dispute Resolution In The Islamic Finance Industry In Malaysia
DOWNLOAD
Author : Omoola Sodiq Olalekan
language : en
Publisher:
Release Date : 2015
The Relevance Of Online Dispute Resolution In The Islamic Finance Industry In Malaysia written by Omoola Sodiq Olalekan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
This research aims to explore the relevance of Online Dispute Resolution (ODR) in the resolution of Islamic finance disputes in Malaysia. Stemming from the legal uncertainties in the resolution of Islamic finance disputes in the Malaysian civil courts and existing Alternative Dispute Resolution (ADR) institutions, access to justice for offline and online financial consumers in Malaysia has been in curtailed. This study examines the existing dispute resolution mechanisms available to Islamic finance consumers and the feasibility of adopting ODR mechanism for the industry. The research adopts doctrinal method to expound the convergence of key concepts such as ADR, internet and e-commerce in the 21st Century. In addition, relevant legislations and Islamic legal concepts in contemporary dispute resolution practices and theories are discussed in relation to ODR in the industry. Analysis of existing ODR best practices in other jurisdictions has been done to explore the economic and judicial benefits of ODR in the Industry. Court decongestion, resolution of small claims, fast and cheap mechanisms are few of the benefits of ODR which is capable of ensuring consumer confidence, trust and sustainable growth for the Islamic finance industry in Malaysia. This research finds that ODR is relevant to the Sharī'ah underpinnings and Islamic legal maxims which are the basis of Islamic finance transaction and dispute resolution. Therefore, borrowing a leaf from existing ODR best practices such as Equifax and Cybersettle, this will be a huge step in creating access to justice for online and offline financial consumers in the Islamic finance industry in Malaysia. This innovation however requires regulatory and institutional readjustment towards operationalizing ODR under the Financial Ombudsman Scheme (FOS) provided under Islamic Financial Services Act (IFSA2013) . This is in addition to efforts towards inter-disciplinary collaboration in creating a web-enabled portal for submission and resolution of finance disputes in Malaysia.
Alternative Dispute Resolution In Islamic Finance
DOWNLOAD
Author : Surianom Miskam
language : en
Publisher:
Release Date : 2011
Alternative Dispute Resolution In Islamic Finance written by Surianom Miskam and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
A Critical Analysis Of The Dispute Resolution Mechanisms In The Islamic Finance Industry In Malaysia
DOWNLOAD
Author : Aishat Abdul-Qadir Zubair
language : en
Publisher:
Release Date : 2014
A Critical Analysis Of The Dispute Resolution Mechanisms In The Islamic Finance Industry In Malaysia written by Aishat Abdul-Qadir Zubair and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
With the increasing boost to the Malaysian Islamic finance industry and the sophistication experienced in the industry with regards to product development, there is a consequential downside of such enviable achievements, which is the gradual surge in the number of disputes involving Sharī'ah compliant transactions. In order to propose a consolidated framework for dispute resolution in the Islamic finance industry in Malaysia, it is important to critically analyse the existing dispute resolution mechanisms in the Islamic finance industry in Malaysia. There seems to be over-dependence on civil law institutions, no thanks to the Malaysian colonial heritage, in issues involving Islamic finance law and regulation. It thus appears that there is a systematic neglect of some important principles of Islamic dispute resolution. Thus, even as other mechanisms have been identified by many researchers and efforts are being geared currently towards standardising these mechanisms, their use is still very much at the minimal level. This has led to the belief in some quarters that litigation is the only model of dispute resolution in the Islamic finance industry in Malaysia. This study adopts a doctrinal legal method in examining the relevant Islamic dispute resolution mechanisms that are unique to Islamic finance disputes as well as a SWOT analysis in analysing the strengths, weaknesses, opportunities and threats of the existing mechanisms for dispute resolution in the Islamic finance industry in Malaysia. Finally, the research proposes for the consolidation of the mechanisms for a sustainable industry that will make Malaysia a choice forum for dispute resolution. The findings of this research reveal that the preference of Malaysian Islamic financial institutions for litigation as a means of dispute resolution has relegated other sustainable processes of dispute resolution to the background and made them irrelevant in the Islamic finance industry. This is in line with the hypothesis of the research that the continued preference for litigation as a means of settling disputes in Islamic finance industry is not sustainable due to the paradigm shift in dispute resolution involving financial matters globally. The research is therefore unique in its content value because although a lot of research has been conducted on the different dispute resolution mechanisms available in the Islamic finance industry in Malaysia; none has conducted a SWOT analysis on any of the mechanisms. It is believed that the SWOT model will help the Islamic finance industry understand the relative relevance of other ADR processes and make them relevant as mechanisms for resolving Islamic finance disputes. In the end a consolidated dispute resolution mechanism model is proposed for a better handling of Islamic finance disputes.