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Purpose: This paper aims to highlight resolution of Islamic finance dispute by common law-oriented courts in Nigeria with respect to Sharīʿah non-compliance and legal risks thereof, as well as the lesson to learn from Malaysia in that regard. This is with view to ensuring Sharīʿah compliance and legal safety of Islamic finance practice as prerequisites for sustainability of the Nigerian Islamic finance industry. Design/methodology/approach A qualitative method was used; interviews were conducted with different categories of experts and primary data collected in relation to Sharīʿah non-compliance and legal risks in adjudicating Islamic finance dispute by civil courts and the role of expert advice as basis for court referral to Financial Regulation Advisory Council of Experts. A doctrinal approach was adopted to analyse relevant legislative provisions and content analysis of secondary data relevant to applicable provisions in matters of finance before civil courts. Findings The paper discovers an indispensable role of conventional financial regulations in sustaining Islamic finance industry. Appropriate laws for Islamic finance under the conventional framework foster legal safety and Sharīʿah compliance of Islamic finance activities in related cases handled by courts. Nigeria civil courts can aid sustainability of Islamic finance when so equipped and enabled by laws that address apparent Sharīʿah non-compliance and legal risks in judicial dispute resolution. Inadequate legal provisions for dispute resolution breeds Sharīʿah non-compliance and legal risks in Islamic finance, undermine its prospects and stand inimical to its sustainability. Research limitations/implications This research is limited by its focus on Sharīʿah non-compliance and legal risks alone, which emanate mainly from judicial resolution of Islamic finance dispute by Nigerian civil courts. Practical implications This research seeks to motivate a determined and deliberate regulatory action and change in approach towards addressing apparent risks associated with Islamic finance while resolving disputes therein by civil courts. It has implications on common law jurisdictions generally that adopt similar approach as Nigeria's while introducing Islamic finance into their conventional finance framework. Originality/value Dispute resolution and other regulatory functions of civil courts are important to Islamic finance though apparently overlooked while introducing Islamic finance in Nigeria as in other emerging jurisdictions. This research ascertains the role of the civil courts as indispensable for Islamic Financial Institution (IFIs) operations and demonstrates that such courts are needed for the development and sustainability of Islamic finance industry. The research demonstrates the end-to-end requirement of Sharīʿah compliance of Islamic financial transactions as absolute and needs be ensured and guarded at dispute resolution level by properly equipped courts.
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In: Islamic business and finance series
"It is said that COVID-19 pandemic has turned back the poverty clock. As such, there is need to have social mechanisms put in place to provide relief to those who are affected in this regard. Islamic social finance consists of tools and institutions that could be used to alleviate poverty. This book explores the impact of COVID-19 on Islamic finance to better understand the effectiveness of Islamic social finance in uplifting those who have been inflicted by poverty overnight due to halt in all major economic activities in the context of the pandemic. Since struggles against poverty for each country will be different, the book attempts to shed light on experiences of different countries by presenting successful models of Islamic social finance. The book first looks at poverty and COVID-19, before delving into the role of Islamic social financial institutions and how they rise against COVID-19. The book concludes by examining the impact of COVID-19 on Islamic microfinance. The book is the first of its kind on the subject of COVID-19 and it intends to bridge the gap in the market."
Maldives is a hundred percent Muslim country. Though the laws in Maldives are influenced by common law and civil law systems, the spirit of the laws are based on Islamic principles. However, when it comcs to the banking system, it is poignant to state here that the only known banking system to the country is based on conventional or usury friendly system. Up until now there are only six banks operating in the country. And none of them is an Islamic bank. It has been frequently questioned on why it is so difficult to set up an Islamic Bank in a hundred percent Muslim country? People say that the demand is there, so what is there to worry? But the truth is that the challenges we face are more than what any one could think of. As rightly pointed out, the demand for Islamic banking is there. But what about the legal infrastructure, political support and the economic resources which are needed to invest to convert the banking system? Lack of human resources in the country is also not a small problem. And political instability has exacerbated the situation. In the past years, there have been several failed attempts made to introduce the Islamic banking system to the country. But due to lack of proper legal frame work in the country and some other financial reasons Islamic banking were never introduced. Now finally we see a green signal from the Central Bank of Maldives for establishment of Islamic bank. Towards the end of last year the Central Bank of Maldives have announced public to apply for jobs designed for the Islamic bank which is intend to be open soon! The main purpose of this paper is to look at the obstacles in introducing Islamic banking in Maldives. The challenges it is facing and the ways to curb it. It is argued here that as a Muslim nation establishment of
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In: Corporate Governance, Band 14, Heft 1, S. 120-129
Purpose
– With the advent of Islamic banking, a new species was added to the banking system which was then, only dominated by the conventional banking. Islamic banking expanded in the world within the last decade and as a result, Islamic finance emerged as an alternative to the conventional finance. This created Islamic companies and Islamic financial institutions which operate based on the principles of Shari'ah or Islamic Law. These Islamic corporate bodies, like the conventional corporate bodies do need good governance rules. In other words, they also need a good, sophisticated "Shari'ah Governance Code" which would be based on the principle of Islamic Law. This is mainly because the objective of the conventional and the Islamic Corporate governance is different as conventional corporate governance structure is more focused on the protection of the rights of the stakeholders; while Islamic corporate governance focus on retaining the Islamicity of whole corporation. The objective of this research is, as the title suggests, proposing the reasons why a special governance Code for Shari'ah corporate bodies are needed. This paper would suggest a proper governance structure to the Islamic companies and will also discuss why the conventional corporate governance Codes are unsuitable for the Islamic companies.
Design/methodology/approach
– This research which is primarily library based, is an exploratory legal research in nature.
Findings
– In the course of this research, it is found that there is a need to enact a Shari'ah Corporate Governance Code due to the widespread establishment of shari'ah compliant companies in the world. Hence, the authors had discussed the potential content of such a Code in this paper.
Originality/value
– This research will complement the knowledge based on shari'ah corporate governance and is targeted to the existing and prospective shari'ah compliant companies.
In: Springer eBooks
In: Economics and Finance
In: Springer eBook Collection
Foreword -- Preface -- List of Contributors -- List of Figures -- List of Tables -- Chapter 1. Introduction -- Part I. Theoretical Foundation of Monetary Policy from Islamic Perspectives -- Chapter 2. Monetary Economics, Monetary Policy and Macroeconomic Model for an 'Islamic' Economy -- Chapter 3. Re-emergence of Islamic Monetary Economics: A Review of Theory and Practice -- Chapter 4. On Normative and Logical Foundations of Monetary Policy -- Chapter 5. Historical and Ideological of the Monetary Institutions: A Comparison Of Islamic and Austrian Schools Perspectives -- Part II. Monetary Policy, Policy Instruments and Financial Stability in Islamic Economy -- Chapter 6. Islamic Monetary Policy and its Instruments in Some Selected OIC Countries: An Assessment Highlighting Bangladeshi Economy -- Chapter 7. Islamic Financial Institutions and Participatory Finance Constraints -- Chapter 8. Pricing Deposit Insurance Premium In Islamic Banks -- Chapter 9. The Rate of Profit as a Monetary Policy Tools to Create Islamic Financial Stability and Promote Economic Growth -- Chapter 10. Stress Testing and Reverse Stress Testing: An Approach for a Resilient Islamic Financial Market and Institutions -- Chapter 11. The Impact of Monetary Policy on Islamic Bank Financing: Bank-Level Evidence from Malaysia -- Chapter 12. On The Dynamic Determinants of Participation Banks Liquidity Management In Turkey -- Part III. Interlinkage between Islamic Monetary Policy and Other Markets 13. Monetary Transmission via Wealth Effect in Indonesia: Evidence of Islamic and Conventional Indices -- Chapter 14. FinTech-enabled Islamic Financial System and Its Positive Effects on Financial Stability -- Glossary -- Index
In: Forthcoming, International Journal of Emerging Markets
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In: J Public Affairs. 2022; 22:e2364. https://doi.org/10.1002/pa.2364
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In: Journal of public affairs, Band 22, Heft 1
ISSN: 1479-1854
External Sharī'ah Audit (ESA) is a control mechanism meant for formulating an objective view by an independent Sharī'ah audit team about the obligation of Islamic banks' (IBs) management, personnel and other divisions towards Sharī'ah compliance. This study principally aims to examine the relevancy of ESA and review committee in enhancing the level of Sharī'ah compliance quality and accountability of IBs in Bangladesh. The study examines data from 17 respondents obtained via semi‐structured interviews and secondary sources in library. This study establishes that Sharī'ah officers of IBs in Bangladesh are unable to perform audit functions properly which indicates the limitations of current Sharī'ah audit functions. The study discovers the need for an independent ESA for proper auditing of IBs' operations in Bangladesh with a view to Sharī'ah compliance. Thus, an ESA and review committee is imperative to enhance the quality of Sharī'ah compliance and ensure accountability of all divisions within IBs. This audit is to be provided either by Bangladesh Bank (BB), the central bank of the country or a third party such as Islamic chartered accountants' firms or Sharī'ah audit firms. The study would contribute to existing literature on the importance of ESA and its conditions in Bangladesh. The study also provides some instructions for global Islamic banking practice on the issues examined. The study contributes to agency, stakeholder and legitimacy theory via highlighting the inability of Sharī'ah auditors to perform their function independently and efficiently.
In: Journal of Islamic Finance Accountancy JOIFA, Band 5
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In: ISRA International Journal of Islamic Finance, Band 14 No. 1, S. 107-118
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