Dissertations / Theses: 'Banking law (Islamic law)'

1

Yuspin, Wardah. "Facilitating the growth of Islamic banking law and Islamic banking in Indonesia : new laws and new challenges." Thesis, University of Leeds, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713882.

Full text

Abstract:

The growth of Islamic banking and financial services (IBF) industry has generated considerable interest in the financial world in recent decades with no exception in Indonesia. The legal infrastructure for the development of IBF in Indonesia has been strengthened with the enactment of Islamic Banking Law No. 21 of 2008. The law includes two new arrangements that are expected to bring about changes in the IBF industry; namely Articles 55 and 68. In light of those articles, it is also essential to observe the development and practice of this industry in selected countries; namely Malaysia and Pakistan. Despite the difference of their legal systems (the practice of the Common Law Systems there as opposed to the Civil Law System in Indonesia), these two countries have been chosen for the resemblance of their IBF industry with the one developed, practiced and offered in. Indonesia. Particularly in Malaysia, the promulgation of the Central Bank Act 2009 and the Islamic Financial Services Act 2013 were aimed at enhancing its legal infrastructure that will not only protect its IBF industry but will ensure stability, growth and confidence of all players and stakeholders. Substantively, Article 68 deals with the Islamic window/ Islamic unit separation. It is quite natural to conclude that Window Model serves only as a transitory mechanism. Therefore, that model is mandated and/or limited to be a mere spun-off or temporary structure for IBF institutions from their parent banks before subsequently becoming a full-fledged institutions. Since this is mandatory, any Islamic window that violates this provision will be fined, or further, their licence will be revoked. Meanwhile in those particular countries this model is still allowed and can be adopted by conventional banks offering IBF services. However, the conventional banks will only be allowed to, offer IBF services once they have demonstrated their serious commitment to IBF and have a clear roadmap towards full conversion of their operations into a full fledged Islamic bank. Whilst Article 55 (1) affirms that the religious court is the institution authorised to settle dispute on matters concerning Islam and the economy, Article 55 (2), nonetheless, provides that if the litigants are in agreement, they can choose to refuse submission to the jurisdiction of the religious court jurisdiction and alternatively choose another forum such as district court to adjudicate the dispute. The selection and submission to another forum, such as the district court, can potentially bring about a conflict of authority and jurisdictions between the district courts and the religious courts. However, according to the decision of the Constitutional Court No.93PUU-X/2012 the Islamic financial disputes fall under the absolute competence of the religious court. While in those selected countries, the Islamic disputes are tried and heard before the jurisdiction of their civil courts, despite the fact that there is a designated civil court in Malaysia that will handle disputes relating to IBF. That choice of forum to render decision on this dispute raises the problem, since many judges who render decision on this case are in favour of the civil law rather than Shari'a (Islamic law). While the Islamic disputes are not merely commercial disputes but involves the questions of Shari matter(s). In this regards, a closer scrutiny on the Malaysian Central Bank Act 2009 will be useful since it provides for reference to the Shari'ah Advisory Council by the courts or arbitrators adjudicating matters relating to IBF disputes. With the rapid advancement of IBF industry and various products and services it offers, disputes are then inevitable. Premised on this realization, this thesis strongly examines and advocates that a proper and strong legal framework and infrastructure as well as substantial support of the legal fraternity are crucial prerequisites for a healthy advancement and significant growth of IBF industry. Therefore with the inclusion the Art 68 and 55 of the Islamic Banking Law, this industry is seen moved towards this advancement.

APA, Harvard, Vancouver, ISO, and other styles

2

Björklund, Iréne, and Lisbeth Lundström. "Islamic Banking - An Alternative System." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3145.

Full text

Abstract:

Islamic banking is an investment and financing system which expands globally. The Islamic banks have only been established for some 30 years but the banking system is based on long-going traditions within Islamic finance. The system is founded on ethical values and emphasises the well-being of society as a whole.

Islamic banking is different from conventional banking in most aspects, since its close tie to religion is very important. The system is not based on interest, as it is prohibited in Islam. Instead Islamic banks offer various kinds of accounts and a range of financing alternatives all complying with the Islamic Law – Shari’a. To work according to Shari’a is crucial for the banks and their activities are controlled by a special Religious Supervisory Board working within the bank.

The implementation of the Islamic banking system varies to some extent between Islamic countries. It has been influenced by its connections to politics of and the history in the countries where the system operates. As a result to the variations between the states’ implementation, the need for harmonisation increases as the expansion of Islamic banks continues. Several organisations work to achieve international standardisation and harmony to make the banking activities more transparent and attractive. The achievement of harmonisation as well as the performance of the banks is crucial for the future of Islamic banking.

The dissertation is based on extensive literature review and a personal interview with a professional within an Islamic bank in Lebanon.

APA, Harvard, Vancouver, ISO, and other styles

3

Shaharuddin, Amir. "A study on Mudarabah in Islamic law and its application in Malaysian Islamic banks." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/107900.

Full text

Abstract:

The contrast between the theory and practice of Islamic banking is generally acknowledged by many scholars. After more than three decades in operation, the rapid growth of the Islamic banking industry is, in reality being driven by the application of the debt-like contracts (e.g. murÁbaÎah and ijÁrah) rather than the profit and loss sharing contracts (e.g. muÃÁrabah and mushÁrakah). As the adaptation of the former contracts creates "unauthentic" Islamic financial products, many have questioned their compliance with sharÐÝah principles. The present study analyses this issue by examining the application of muÃÁrabah rules in Malaysian Islamic banking practices. It evaluates the extent to which the current practices fulfil the principles and the ethical framework of the muÃÁrabah contract as propounded by the classical jurists. The study also analyses the justifications of Malaysian sharÐÝah scholars for modification of the doctrine, adapting it to the modern banking business. The study found that the local sharÐÝah scholars have adopted an incoherent legal methodology when making their ijtihÁd. They can be very rigid, concentrating solely on the legal technicality and at the same time be very flexible, adapting an unregulated doctrine of maÒlaÎah. Therefore, some of their resolutions could be seen as contradictory to the rulings found in classical fiqh.

APA, Harvard, Vancouver, ISO, and other styles

4

Ahmad, Abu Umar Faruq. "Law and practice of modern Islamic finance in Australia." View thesis, 2007. http://handle.uws.edu.au:8081/1959.7/38404.

Full text

Abstract:

Thesis (Ph.D.)--University of Western Sydney, 2007.
A thesis presented to the University of Western Sydney, College of Business, School of Law, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.

APA, Harvard, Vancouver, ISO, and other styles

5

Baamir, Abdulrahman. "Saudi law and judicial practice in commercial and banking arbitration." Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/6599.

Full text

Abstract:

This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari’a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not “strong” enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari’a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.

APA, Harvard, Vancouver, ISO, and other styles

6

Al-Shamrani, Ali Saeed. "Islamic financial contracting forms in Saudi Arabia : law and practice." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/9145.

Full text

Abstract:

The main objective of this research is to examine whether the current practices of Islamic banking and financial activities in Saudi Arabia are compatible with the principles of Shariah. This examination includes the current uses of sukuk (Islamic bonds), the models of takaful (Islamic insurance) and accepted risk transfer mechanisms in Islamic structured finance (Islamic derivatives). The second purpose is to investigate the basic laws of banking and financial activities in Saudi Arabia and examine whether they are compatible with Shariah principles. The final aim is to suggest solutions to the absence of regulatory and supervisory systems of Islamic finance in Saudi Arabia by proposing a legislative and regulatory framework for Islamic banking and finance in Saudi Arabia. The research findings show that there are no specific laws and regulations governing Islamic banking and financial activities in Saudi Arabia. In addition, there is no independent central Shariah board to regulate and supervise Islamic banking and financial activities in Saudi Arabia, nor are there are any specialised commercial courts to look into banking issues. The research finds that there are some articles in the law of supervision of cooperative insurance companies in Saudi Arabia, and its implementing regulations, which do not comply with Shariah, and in addition, there is some incompatibility between the law and its implementing regulations. The final finding is that the issuance of sukuk and Islamic financial derivatives in Saudi Arabia are not consistent with Shariah requirements, due to the absence of regulatory policies and supervisory harmonisation, while Islamic insurance needs to amend some articles of the law of supervision of cooperative insurance companies in Saudi Arabia, and its implementing regulations, in order to comply with Shariah and also to avoid incompatibility between them.

APA, Harvard, Vancouver, ISO, and other styles

7

Rahman, Suhaimi Ab. "The Classical Islamic law of guarantee and its application in modern Islamic Banking and legal practice." Thesis, Aberystwyth University, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497033.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

El, Sharif Bahgat Bahgat Khalil. "Law and practice of profit-sharing in Islamic banking with particular reference to mudarabah and murabahah." Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280677.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Suleman, Yasser. "The legislative challenges of Islamic banks in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/21644.

Full text

Abstract:

Thesis (MBA)--Stellenbosch University, 2011.
The Islamic Banking industry has been one of the fastest growing industries worldwide with a compound annual growth rate of 28% between 2006 and 2009(Reuters, 2010). These growth rates were experienced amidst the worst economic meltdown the world has seen in decades. This is a clear indication that there is a high level of confidence in the industry. Although the industry has existed for centuries, the past few decades have brought about a revival in Islamic banking. Many Western countries are recognising the industry’s importance and have taken various steps in supporting the establishment of it. South Africa has also taken such steps and has a vision of becoming a hub for Islamic banking on the African continent. This mini thesis examines the differences in nature of the underlying principles of Islamic and conventional banking which then brings to the fore the various challenges that exist in the unhindered functioning of Islamic banks within Western countries. These challenges revolve around institutional and legal frameworks, regulatory and supervisory bodies, South African Reserve Bank requirements, interest, taxation and conceptual understandings. In order to provide recommendations to address these challenges, case studies of Islamic banking in both, Islamic and Western countries were conducted. These case studies provided insight into how countries have addressed similar challenges and to what degree were they successful. This provided the basis from which recommendations were made for Islamic banking to function efficiently and effectively in South Africa and for the country to achieve its goal of becoming a hub of Islamic banking on the African continent.

APA, Harvard, Vancouver, ISO, and other styles

10

Fleifel, Bilal A. "Risk management in Islamic banking and finance the Arab Finance House example /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-3/fleifelb/bilalfleifel.pdf.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Al-Khadash, Husam Aldeen Mustafa. "The accounting measurement and disclosure requirements in Islamic banks : the case murabahah and mudarabah /." View thesis View thesis, 2001. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030416.150843/index.html.

Full text

Abstract:

Thesis (Ph.D.) -- University of Western Sydney, Macarthur, 2001.
A thesis presented to the University of Western Sydney, Macarthur, in partial fulfilment of the requirements for the award of the degree of Doctor of Philosophy, March, 2001. Bibliography : leaves 244-264.

APA, Harvard, Vancouver, ISO, and other styles

12

Mallat, Chibli Wajdi. "The renaissance of Islamic law : constitution, economics and banking in the works of Muhammad Baqer As-Sadr." Thesis, SOAS, University of London, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285421.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Mutungi, Muhairwe Simon. "The introduction of Islamic banking and its projected impact on financial inclusion and economic development in Uganda." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28083.

Full text

Abstract:

Islamic banks were minimally affected by the global financial crisis of 2008. This is largely attributed to their firm and sound economic principles. This has made Islamic finance a feasible alternative system of banking especially in pursuit of financial inclusion. Uganda like most third world countries has grappled with the challenge of access to credit with a big unbanked population. One of the reasons espoused in this paper for this problem has been high cost of credit access caused by prohibitively high interest rates that discourage people from attaining loans for their entrepreneurial ventures. Since Islamic banking is an interest free based mode of finance, it could have the key to unlocking the door to an inclusive economy. However, there is a desire for dedicated research and efforts from the authorities to develop an effective legal and regulatory framework for Islamic financial industry in Uganda. Attempts should be made to modify the existing structure to provide better products and quality service within the ambit of Islamic laws. While interest based banking has taken hundreds of years to mature to the level where it is today, expecting the same maturity from Islamic banking in its nascent stage will be overly ambitious. To develop an economic system truly reflective of the sacred principles of Islam, all stakeholders should understand the limitations at this stage and work towards its advancement.

APA, Harvard, Vancouver, ISO, and other styles

14

Borhan, Joni Tamkin. "The doctrine and application of partnership in Islamic commercial law, with special reference to Malaysian experiments in Islamic banking and finance." Thesis, University of Edinburgh, 1997. http://hdl.handle.net/1842/21635.

Full text

Abstract:

This thesis is a study of the doctrine of partnership (mudarabah and musharakah) in Islamic commercial law and its application in Malaysian experiments in Islamic banking and finance. The aim of this thesis is to analyse the operations of the three main Islamic financial institutions in Malaysia, namely Bank Islam Malaysia Berhad (BIMB), Syarikat Takaful Malaysia Sendirian Berhad (Takaful Insurance Company Malaysia Limited) and Lembaga Urusan Dan Tabung Haji (The Malaysian Pilgrims Management and Fund Board) which claim to operate on the principles of Islamic commercial law. The thesis falls into two parts: Part One focuses on the doctrine of partnership in Islamic commercial law, while Part Two consists of the application of the doctrine of partnership in the Malaysian experiments in Islamic banking and finance. After a general introduction, Part One divides into two chapters. Chapter One discusses the doctrine of sharikah (partnership) as a mode of financing in Islamic Commercial Law. Chapter Two deals with the doctrine of mudarabah as a mode of financing in Islamic commercial law. Part Two consists of three chapters (Chapters Three, Four and Five). Chapter Three examines and evaluates the operations and performance of the BIMB which operates on principles of Islamic Commercial Law such as mudarabah and musharakah. Chapter Four examines the operations of Syarikat Takaful Malaysia Sendirian Berhad which operates Family and General Takaful Schemes based on the principles of mudarabah and takaful. Chapter Five attempts to analyse the management and operations of Tabung Haji which was established in order to mobilize the voluntary savings of the Malaysian Muslims in accordance with the principles of mudarabah and ijarah. The study ends with a conclusion and some suggestions and proposals to remedy the weaknesses in interest-free banking and finance in Malaysia, followed by a Selected Bibliography.

APA, Harvard, Vancouver, ISO, and other styles

15

Al-Khadash, Husam Aldeen Mustafa. "The accounting measurement and disclosure requirements in Islamic banks : the case of Murabahah and Mudarabah." Thesis, View thesis View thesis, 2001. http://handle.uws.edu.au:8081/1959.7/827.

Full text

Abstract:

This research has three main purposes. First, it discusses the differences between the conventional and the Islamic perspectives of accounting in terms of the accounting definition, objectives, principles, rules, measurements and disclosure requirements. Second, it discusses and formulates the accounting measurements and the disclosure requirements, which should be applied in Islamic banks for Murabahah and Mudarabah operations.Third, to provide insight into the current practice of these measures and requirements, the study reports the results of a survey which aims at identifying the gap between the suggested measures and requirements and the current practice of the Dubai Islamic Bank and the Jordan Islamic Bank. The analysis reveals that there are differences between the conventional and the Islamic perspectives of accounting. It also indicates the need for specific accounting measures for Murabahah and Mudarabah operations as well as the need to disclose more information about these operations and their accounting measurement methods in an Islamic bank's annual reports as well as in other disclosures.Finally, the direction for future research on Islamic banks operations and their accounting measurement problems are presented

APA, Harvard, Vancouver, ISO, and other styles

16

Al-Khadash, Husam Aldeen Mustafa, University of Western Sydney, College of Law and Business, and School of Accounting. "The accounting measurement and disclosure requirements in Islamic banks : the case of Murabahah and Mudarabah." THESIS_CLAB_ACC_AlKhadash_H.xml, 2001. http://handle.uws.edu.au:8081/1959.7/827.

Full text

Abstract:

This research has three main purposes. First, it discusses the differences between the conventional and the Islamic perspectives of accounting in terms of the accounting definition, objectives, principles, rules, measurements and disclosure requirements. Second, it discusses and formulates the accounting measurements and the disclosure requirements, which should be applied in Islamic banks for Murabahah and Mudarabah operations.Third, to provide insight into the current practice of these measures and requirements, the study reports the results of a survey which aims at identifying the gap between the suggested measures and requirements and the current practice of the Dubai Islamic Bank and the Jordan Islamic Bank. The analysis reveals that there are differences between the conventional and the Islamic perspectives of accounting. It also indicates the need for specific accounting measures for Murabahah and Mudarabah operations as well as the need to disclose more information about these operations and their accounting measurement methods in an Islamic bank's annual reports as well as in other disclosures.Finally, the direction for future research on Islamic banks operations and their accounting measurement problems are presented
Doctor of Philosophy (PhD)

APA, Harvard, Vancouver, ISO, and other styles

17

Jusoh, Amir Fazlim. "Alternatives to bai' al-'inah with special reference to maslahah mursalah in the Malaysian banking and finance industries." Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=229505.

Full text

Abstract:

This thesis aims at investigating the validity of baiʿ al-ʿīnah, not only in classical terms but also in modern practice in the Malaysian banking industries. It also examines modes of Islamic personal financing, apart from baiʿ al-ʿīnah, which are currently practised, or may potentially be used in the future, and their validity, viability and marketability as Islamic financing tools. They include classical and organised tawarruq, rahn-based qarḍ, qarḍ and sale financing, takāful-based qarḍ and hibah-sale based financing. It also investigates the proper legal foundation for the alternatives, namely maṣlaḥah mursalah and its connection with ḥīlah and, whether or not the former could replace the latter as an Islamic legal foundation. Furthermore, it examines parameters for the alternatives to be Sharia compliant. Analysis is confined to the instrument of baiʿ al-ʿīnah in personal financing by using the primary and secondary sources of Sharia through legal analysis of uṣūl al-fiqh. It is concluded that the application of baiʿ al-ʿīnah in the Malaysian banking industries should not be solely referred to the ruling of the instrument in its classical form. Contemporary baiʿ al-ʿīnah is considered non-Sharia compliant if the instrument contains one of the prohibited elements such as the element of a sale for a sale, a sale for a qarḍ, a sale with invalid conditions, selling unavailable or unpossessed items, selling without the responsibility to guarantee and non-Sharia ḥīlah. Any alternative to baiʿ al-ʿīnah could be based on maṣlaḥah mursalah or ḥīlah sharʿīyah to comply with their requirements. The instruments of salam-based financing, classical and organised tawarruq, rahn-based qarḍ, takāful-based qarḍ and hibah for a reward financing have the qualities to replace baiʿ al-ʿīnah as Sharia compliant personal financing instruments.

APA, Harvard, Vancouver, ISO, and other styles

18

Batchelor, Valli B. "A comparable cross-system bank productivity measure: Empirical evidence from the Malaysian dual banking system." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/5.

Full text

Abstract:

This thesis seeks to fill a void in the banking performance literature by (1) proposing a cross-system bank productivity assessment methodology that can be applied to both conventional and Islamic banking and (2) implementing this methodology on a dual banking system to gauge the comparable productivity of Islamic and conventional banks relative to one another in a banking system that has experienced deregulation and consolidation. The growing significance of Islamic banking cannot be overlooked as its growth in recent years has significantly outpaced conventional banking. This new banking duality trend profoundly impacts the relative competitiveness of both banking systems and this in turn, may significantly affect the allocation of scarce financial resources between conventional and Islamic banking.

APA, Harvard, Vancouver, ISO, and other styles

19

Bin, Ishak Muhammad Shahrul Ifwat. "The principle of Maʻalat as a response to Maṣlaḥah in Islamic banking : a theoretical and empirical study." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237156.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Ullah, Karim. "Adaptable service-system design : an analysis of Shariah finance in Pakistan." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/8281.

Full text

Abstract:

An adaptable service system adjusts to the operational-level environments of organisations to enable heterogeneous services. This adaptation is important for sustainability and contextual-value (benefit) creation in a service system. Academics, such as those related to the current service-ecosystem concept, acknowledge the significance of this adaptation. However, little is known about a comprehensive adaptation process and how that integrates within a design for a service system. Also, practitioners are inclined towards this development, as the financial regulator in Pakistan has established an “evolutionary framework”. This framework encourages financial institutions to design Shariah finance services (SFS) which respond and evolve to the emergent market environments. The existing SFS models take benefit from Islamic jurisprudence and economics literatures to provide designs for transactions of financial and physical assets. However, the SFS models de-emphasis the intangible service-elements, where the adaptation is more likely to occur. Currently there is a great need for models that could explain the detailed adaptation process and its placement in an SFS design. The aim of this research is to develop, evaluate and theorise a model for conceptualising a holistic adaptable service-system design. The research aim is achieved through the proposal of a novel deferred service-system design (DSD) model. The DSD conceptualises a service-system design that adapts to the operational-level environments of SFS organisations in Pakistan. The DSD has seven constructs: (i) the service creators apply centrally-planned designs to create a service ii) they adapt these designs to meet the requirements of emergent contexts (iii) the service personnel, customers and aiding parties co-create a service by integrating their (iv) roles and actions, (v) resources and usufructs, (vi) rules and control to generate (vii) value. DSD is based on service-system design (SSD) literature, SFS literature and theory of deferred action (TODA)  a theory of system and organisation design. A multiple case study strategy is employed to evaluate, extend and theorise the DSD developed in phase I. Qualitative data are collected in four SFS organisations: Islamic commercial bank, Islamic life Takaful, Islamic mutual fund, and Islamic leasing organisation. Thirty-two in-depth narrative interviews of SFS personnel are conducted and analysed using a narrative discourse analysis method. The findings are triangulated by adding focus-group discussions, visualisations and service offering documents. The empirical findings are synthesised with the extant literature to develop a novel and comprehensive DSD in phase II. The findings show that the service co-creators apply a centrally-developed planned design typology (PDT). PDT includes different blends of SFS models (e.g., partnerships, sales, leases, agency and endowment), expected varieties (list, range and negative) and addable-deductible modules. The service co-creators and their inclusive systems (e.g., families, societies, markets, regulators and other government agencies) affect the planned service-system design to adapt or migrate. The service co-creators follow a novel six-step deferred adaptation process (DAP): emergence locale, information diffusion, knowledge diffusion, indexation, specifics evaluation and adaptation/migration. The empirical findings advance our understanding of a service-system design by showing how a planned design enables adaptation through PDT. More importantly, how the service co-creators follow a systematic process, DAP, to attain the desired adaptation or migrate off the scene. The findings also broaden the conceptualisation of SFS by showing how it is co-created by the financial institutions, customers and aiding parties. This is due to the SFS being perceived as a product of financial institution alone. This research also makes a contribution to service visualisation method by extending and using the service blueprint as an additional data-collection and analysis tool. This study provided fourteen implications for the practitioners.

APA, Harvard, Vancouver, ISO, and other styles

21

Moaté, Michaël. "La création d'un droit bancaire islamique." Thesis, La Rochelle, 2011. http://www.theses.fr/2011LAROD027/document.

Full text

Abstract:

Ce travail de thèse sur « la création d’un droit bancaire islamique » offre une perspective globale du phénomène. Faisant appel à l’histoire, à l‘économie et au droit, il envisage l’étude de ces techniques bancaires dans le contexte socio-culturel présidant à leur émergence et notamment sous l’angle des rapports entre le monde occidental et l’Orient islamique.Tout d’abord, s’appuyant sur l’étude du droit musulman classique, ce travail analyse le substrat qui a permis le développement de la banque islamique à travers d’une part l’étude des concepts bancaires majeurs et d’autre part l’évolution du monde musulman au cours de l’histoire. Puis, l’analyse se tourne vers la légitimation des techniques bancaires islamiques modernes au regard des contrats musulmans classiques. Ceci amène cette étude vers la variété des modèles de banques islamiques dont elle propose de mettre en lumière les divergences au regard des questions religieuses, politiques et économiques, mais aussi de montrer que la perspective actuelle tend vers leur uniformisation. La dernière partie de l’étude s’attache à exposer les rapports entre ce droit bancaire islamique et le droit positif des pays dans lesquels il s’incorpore. Ainsi, en Occident, l’analyse distingue la France et les pays de Common law dont l’histoire montre l’influence sur les systèmes juridiques des pays musulmans. En Orient, le Maroc et l’Arabie Saoudite, deux pays dont les systèmes bancaires sont respectivement issus des droits civilistes et de Common law, font l’objet d’une étude spécifique. Les développements s’achèvent enfin par la confrontation des normes et des valeurs que soulève l’introduction de techniques bancaires islamiques dans le système financier international. L’ensemble des analyses proposées dans cette étude accrédite la thèse de la difficulté que rencontrent ces techniques bancaires à trouver leur cohérence entre la volonté de s’inscrire dans la tradition religieuse de l’Islam et la recherche de l’efficacité économique
This thesis on "the creation of an Islamic banking law" provides a global perspective of this phenomenon. Looking upon history, economics and law, this essay plans to study these Islamic banking techniques in the socio-cultural context governing at their emergence particularly in terms of relations between the Occident and the Islamic Orient.First, based on the study of classical Islamic law, this work analyses the substratum that has allowed the development of Islamic banking by, on the one hand, the study of the major banking concepts and on the other hand, the evolution of the Muslim world as centuries go by. Then, the analysis turns to the legitimization of modern Islamic banking techniques by comparison with classical Islamic contracts. This leads this study to the various models of Islamic banks, in order to highlight the differences with regard to religious, political and economic issues, but also to show that today's perspective move towards their uniformity. The last part of the study seeks to explain the relationship between Islamic banking law and positive law in the countries where it is incorporated. Furthermore, in Occident, the analysis distinguishes France and the Common law countries whose history shows the influence on the legal systems of Muslim countries. In the Muslim world, Morocco and Saudi Arabia, two countries whose banking systems are respectively stemming from Civilian law and Common law, are subject to a specific study. The developments come to an end by the confrontation of norms and values raised by the introduction of Islamic banking techniques in the international financial system.All the analysis proposed in this study supports the theory of the difficulty faced by these banking techniques to find consistency between the desire to be part of the religious tradition of Islam and the pursuit of economic efficiency

APA, Harvard, Vancouver, ISO, and other styles

22

Bessedik, Abdelkader. "Les opérations de financement et d'investissement dans le droit musulman." Phd thesis, Université Paris-Est, 2013. http://tel.archives-ouvertes.fr/tel-00986353.

Full text

Abstract:

L'activité bancaire est le moteur de l'économie. Dans les systèmes juridiques de type occidentaux, les banques utilisent le droit des contrats pour proposer leurs services, que ce soit la banque commerciale ou la banque d'affaires. De même, les banques redoublent d'imagination pour augmenter leurs marges et la rentabilité des placements qu'elles font à partir des fonds qui sont déposés par les épargnants. Enfin, les banques participent au financement de grands projets et permettent ainsi leur réalisation, généralement avec une intervention des autorités publiques. Toutes les activités bancaires font l'objet d'une réglementation stricte et d'ordre public pour garantir la solvabilité des banques et protéger le crédit. La finance islamique s'inscrit dans ce schéma juridique, cependant elle doit intégrer des nombreuses contraintes engendrées par l'application et le respect de la Chari'a. En effet, il semble qu'à première vue l'interdiction de l'intérêt, riba, et de l'aléa, gharar, constituent des obstacles insurmontables pour pouvoir exercer le métier de banquier. En réalité, la finance islamique peut parfaitement se développer, à des conditions et dans un cadre qu'il faut expliquer.

APA, Harvard, Vancouver, ISO, and other styles

23

Thurner, Nicole. "Die Implementation des murābaḥa-Vertrages in deutsches Recht." Doctoral thesis, Universitätsbibliothek Chemnitz, 2016. http://nbn-resolving.de/urn:nbn:de:bsz:ch1-qucosa-129331.

Full text

Abstract:

Die Arbeit untersucht in Form einer prospektiven Implementierungsstudie juristische und ökonomische Voraussetzungen und Folgen eines Angebots von murābaḥa-basierten Verträgen in Deutschland. Dabei werden einzelne Herausforderungen dargestellt und Lösungsansätze erarbeitet
This thesis examines legal and economic requirements and consequences for offering murābaḥa-based contracts in Germany in the form of a prospective implementation study. Different challenges and solution approaches are presented

APA, Harvard, Vancouver, ISO, and other styles

24

Khan, Omar Mahomed. "An investigation into the establishment of an Islamic banking enterprise in the Tshwane and surrounding areas / Omar Mahomed Khan." Thesis, North-West University, 2013. http://hdl.handle.net/10394/10167.

Full text

Abstract:

Muslims in South Africa live within the framework of a Western economy in which the notion of interest plays a pivotal role. This system does not seem to comply with the strict interpretation of Islamic law, since the Quran prohibits any dealings on the basis of interest and strongly condemns those who continue to deal in interest-based transactions, warning them of a “notice of war from Allah and His Apostle”. Muslims are therefore faced with the dilemma of either participating in the current prevailing economic system and thereby violating the Quranic injunctions prohibiting interest or Riba, or completely withdrawing from participation in this system and conducting their business transactions in accordance with Islamic injunctions. This study is an attempt to examine whether an Islamic banking enterprise within the greater Tshwane area could survive and even flourish in the long term if it were operating within the parameters of Islamic law, thus in the absence of the interest factor. The research methodology employed was that of qualitative research, and the study consists of both a literature and an empirical study. It became evident from the literature review that a bank’s survival within the Western economic order depends on the confidence that its depositors have in it. In an Islamic economic system the ethical and legal components distinguish it from other systems. The most striking feature of the Islamic banking environment is the so-called profit and loss sharing system (PLS). The literature study was complemented by an empirical study. Respondents were interviewed in three categories: Muslim businessmen, Islamic bankers and Islamic religious leaders. An analysis of data from the respondents revealed that they were of the opinion that there was a need for an Islamic bank in order to avoid any interest-based dealings and to operate strictly in accordance with Islamic law and principles. Based on the literature and field study a simple model of an Islamic banking enterprise was constructed which could function within the greater Tshwane area and within the South African economic context, but which would be based on Islamic Shariah principles. In constructing this model due cognisance was taken of the fact that it would prove to be a very difficult task to amend existing banking laws to provide for the easy entry and functioning of an Islamic bank. Based on the literature and empirical study it was concluded that to provide for the easy entry and functioning of an Islamic banking enterprise, it should not be structured or named as a bank but rather as a finance company which would then be able to offer most of the services that are offered by traditional banks but without having to comply with the strict regulations as applicable to traditional banks. The dissertation’s final conclusion and recommendation was thus that an Islamic bank should operate not as a bank but as a finance company, thereby accomplishing its pivotal role to enable Muslims to use these indispensable services successfully while complying wholly with Islamic Shariah law.
PhD (Business Management), North-West University, Vaal Triangle Campus, 2013

APA, Harvard, Vancouver, ISO, and other styles

25

Madkhali, Aasem. "Le rôle de la supervision des banques islamistes, approche islamo-juridique." Thesis, Nice, 2016. http://www.theses.fr/2016NICE0010/document.

Full text

Abstract:

Cette étude couvre les institutions financières islamiques en général, avec une attention particulière accordée aux banques islamiques. L’intérêt est suscité par la relation directe avec notre sujet traitant de la surveillance de conformité avec la charia, réglementaire et légale, des banques islamiques. Les institutions financières et banques islamiques proposent divers produits de financement et développent plusieurs produits classiques en les adaptant aux principes de la finance islamique, dont l’absence de l’usure (interdiction du riba). Par ailleurs, nous notons que d’une part, certaines institutions financières et banques islamiques commencent à détourner à leur avantage les principes et les règles de base qui ont justifié l’existence même de la finance islamique en tant que substitut à la banque classique, et que d’autre part, même quand lesdites institutions se dotent d’instance de surveillance, leurs prérogatives se limitent à conseiller sans intervention pour réparer les défaillances et sans que leurs décisions et recommandations n’aient de force obligatoire. Ces constats nous amènent plus loin dans notre analyse, et nous poussent à nous interroger sur le fait d’assumer les implications de la responsabilité civile sous ses deux formes ; contractuelle et délictuelle ainsi que les implications de la responsabilité pénale pour les membres de ces instances. Le rôle de ces organes peut être plus effectif et plus efficace, comme nous le montrerons grâce à une approche réglementaire légale des activités et travaux des instances de surveillance de la charia. De ce fait, le sujet de la thèse implique une comparaison et un parallélisme entre les activités bancaires islamiques et la surveillance réglementaire du point de vue de la loi islamique charaique et la surveillance réglementaire des activités bancaires islamiques d’un point de vue légal
The present study covers the issue of islamic financial institutions in overall, with a particular attention attributed for islamic banks. The topic is interesting because of the direct relationship with the compliance monitoring with the Shariaa, regulatory and legal of Islamic banks. These financial institutions and Islamic banks offer various products of financing and develop several conventional products adapting them to the principles of Islamic finance, including the absence of usury (interdiction of riba). We should mention that some financial institutions and Islamic banks begin to divert for their advantages the principles and the basic rules that justified the existence of Islamic finance, like substitute for the traditional bank. And the role of institutions of compliance monitoring is limited to provide advises without intervention to prepare the failures, in other terms their decisions and recommendations did not have the binding force. These findings allowed deepening our analysis to pose the question regarding assuming the consequences of the civil liabilities under the 2 forms: contractual and delictual, in addition to the consequences and the criminal liabilities for the members of these authorities of compliance monitoring. The role of these organs could be more effective and efficient, like we underlined with the regulatory approach of their activities and the works of these authorities of compliance with the Shariaa. The present dissertation provides a comparison between the Islamic banks activities and the regulatory monitoring from the perspective of the Islamic rules of Shariaa and the regulatory monitoring of the activities of Islamic banks form legal perspective

APA, Harvard, Vancouver, ISO, and other styles

26

Khoshroo, Sajjad. "Islamic finance : the convergence of faith, capital, and power." Thesis, University of Oxford, 2018. http://ora.ox.ac.uk/objects/uuid:0ab321e8-0d54-40d6-a1ef-3a37a0a5ffe6.

Full text

Abstract:

This dissertation assesses how Islamic finance fares as an example of 'civil compromise' in Islamic law. By focusing on the Islamic project finance sector, my research examines how the industry's main stakeholders (representing faith, capital, and power) cooperate and compete to bring about this compromise through the 'Game of Islamic Bank Bargains'. The Islamic finance industry is a work in progress, and while it has made some significant strides, it is still a niche in the global conventional financial order rather than an alternative to it. It has fallen short of fulfilling its originally-stated social justice aspirations, but has provided a previously unavailable form of banking and finance for Muslims to transact, at least formalistically, in accordance with widely-believed tenets of their faith. Thus, those who hold up Islamic finance as a universal panacea or dismiss it outright as a fraud have both got it wrong. It is neither. It is, rather, a complex myriad of incentives and aspirations of a multitude of stakeholders muddled together across numerous geographies and evolving incrementally and constantly. The state of the industry is the result of how the stakeholders (the shariah scholars, lawyers, bankers, government officials, and customers) have pursued their self-interest in the Game of Islamic Bank Bargains. My research examines who are the 'winners' and 'losers' of this game, and what religious, commercial, and political factors have influenced this outcome. I assess what may incentivise the incumbent 'winners' to guide the Islamic finance industry away from a formal and legalistic approach towards one that also incorporates principles from Islamic economics. I explore how the 'losers' - whose interests are not accounted for due to their lack of sufficient financial and political clout - can sway the outcome of the game in their favour.

APA, Harvard, Vancouver, ISO, and other styles

27

Thurner, Nicole. "Die Implementation des murābaḥa-Vertrages in deutsches Recht: Herausforderungen und Lösungsansätze." Doctoral thesis, Universitätsverlag der Technischen Universität Chemnitz, 2013. https://monarch.qucosa.de/id/qucosa%3A19971.

Full text

Abstract:

Die Arbeit untersucht in Form einer prospektiven Implementierungsstudie juristische und ökonomische Voraussetzungen und Folgen eines Angebots von murābaḥa-basierten Verträgen in Deutschland. Dabei werden einzelne Herausforderungen dargestellt und Lösungsansätze erarbeitet.
This thesis examines legal and economic requirements and consequences for offering murābaḥa-based contracts in Germany in the form of a prospective implementation study. Different challenges and solution approaches are presented.

APA, Harvard, Vancouver, ISO, and other styles

28

Eskici, Mustafa Mürsel Kalaycı Şeref. "Türkiye'de katılım bankacılığı uygulaması ve Katılım Bankaları'nın müşteri özellikleri /." Isparta : Süleyman Demirel Üniversitesi Sosyal Bilimler Enstitüsü, 2007. http://tez.sdu.edu.tr/Tezler/TS00596.pdf.

Full text

APA, Harvard, Vancouver, ISO, and other styles

29

Ben, Amira Mustapha. "The concept of interest in the Western and Middle Eastern society." CSUSB ScholarWorks, 2003. https://scholarworks.lib.csusb.edu/etd-project/2351.

Full text

Abstract:

The entire banking systems in the western societies is based on the use of interest. The bank charges the borowers interest on its loans and pays its depositors interest on their deposits. On the other hand, the Middle Eastern banking system is an interest free system that prohibits the use of interest, either in receipt or in payment.

APA, Harvard, Vancouver, ISO, and other styles

30

Al-Mutairi, M. Z. "Necessity in Islamic law." Thesis, University of Edinburgh, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.510056.

Full text

Abstract:

This study aims at exploring thewidely applied principle of necessity ( darnrah ) in Islamic law. Its main focus is to examine the legal definition and limitations of necessity. It has been divided into five chapters, an introduction and a conclusion. In the first chapter, special attention has been given to the definition of necessity in Islamic classical and modern jurisprudence. Since the maxims of necessity are an essential element of this topic, these have been explored in the second chapter. The causes of the state of necessity are dealt with in the third chapter. In this regard, compulsion, legitimate defence, illness, change in circumstances have been discussed insofar as they related to necessity. To give an accurate idea of the limitation of this principle, the conditions of necessity are the main concern of the fourth chapter. In the fifth chapter, the discussion is concerned with the relation between necessity and other Islamic legal concepts particularly those concepts which are regarded as sources of law. The link between public interest ( aslmah ah iursalah , blocking the means ( sadd al-dharä'i') , istihsdn and concession ( Iknh sah ), and necessityo n the other hand was found to be strong. The conclusion, finally, summarizes the discussion previously made and presents the findings of this study

APA, Harvard, Vancouver, ISO, and other styles

31

Moukarzel, Mireille. "Vers un élargissement des méthodes alternatives du règlement des différends dans le système financier Islamique." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLS295.

Full text

Abstract:

La thèse étudie les méthodes alternatives, approfondies par les études que j’ai menées sous ladirection de mon directeur, M. Sélim el Sayegh, sur le rôle des chambres de commerce etl’importance qu’elles octroient à l’arbitrage d’un côté et la médiation de l’autre côté. Elletraitera des finances islamiques et le système bancaire islamiques dès leur départ et jusqu’à nosjours. Elle soulignera les chocs, conflits et obstacles auxquels les institutions islamiques ontété confrontées. Elle considère de même les facteurs qui retardent le développement du lienexistant entre les institutions financières islamiques et les banques d’une part, et le systèmefinancier conventionnel d’une autre part, depuis le moment où l’interaction pratique fut initiéedans ces deux secteurs
The thesis studies alternative methods that were deepened by the studies I conducted underthe supervision of my director, Mr. Sélim el Sayegh. It studies the role of chambers ofcommerce and the importance they give to the arbitration and mediation. It also studiesIslamic finance and the Islamic banking system from their inception until today. It willhighlight the shocks, conflicts and obstacles that Islamic institutions have faced. It alsoconsiders the factors that delay the development of the link between Islamic financialinstitutions and banks, and the conventional financial system as well, since the practicalinteraction was initiated in these two sectors

APA, Harvard, Vancouver, ISO, and other styles

32

Al-Subaihi, Abdulrahman A. I. "International commercial arbitration in Islamic law, Saudi law and the model law." Thesis, University of Birmingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497341.

Full text

APA, Harvard, Vancouver, ISO, and other styles

33

Al-Sumaiti, Jamal. "The contributions of Islamic law to the Maritime law." Thesis, University of Wales Trinity Saint David, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503613.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Ali, Anjum Ashraf. "Child marriage in Islamic law." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31082.

Full text

Abstract:

This thesis examines the custom of child marriage in Islamic law and its practice in Muslim society. It also gives an overview of the history of child marriage from ancient to modern times. The focus of this research is the status of child marriage in the modern Muslim world as a continuation of ancient tradition and the role historical interpretations of Islamic law play in its perpetuation.
Child marriage was once a globally accepted and practiced phenomenon. Over the centuries its practice has diminished considerably. Today, although child marriage is viewed as an offensive act and discouraged by the majority of governments around the world, it continues to exist to a significant extent in most parts of the Muslim world. Those Muslim communities which persist in condoning and practicing child marriage are not only affected by cultural traditions but also by their form of understanding of Islamic law. This particular understanding is mostly informed by local religious leaders within their communities who base their justifications on medieval perspectives and interpretations of what constitutes divine law.
It is no coincidence, however, that child marriage is restricted to the impoverished, uneducated and rural sectors of society; people who have little choice in deciding their futures and due to harsh and straitened circumstances find it difficult to see any other alternatives.

APA, Harvard, Vancouver, ISO, and other styles

35

Al-Shalhoob, Salah Fahd. "Instalment sales in Islamic law:." Thesis, University of Edinburgh, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.489563.

Full text

APA, Harvard, Vancouver, ISO, and other styles

36

Al-Marzouqi, Abraheem Abdulla Muhammed. "Human rights in Islamic law." Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.252974.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Mohamad, Abdul Basir Bin. "The Islamic law of tort." Thesis, University of Edinburgh, 1997. http://hdl.handle.net/1842/17549.

Full text

Abstract:

The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law of tort, the concept of ḍamān (liability) in the Islamic law of tort as well as the discussion of Strict Liability and Vicarious Liability. Chapter two is concerned with the types of tort to person and property, particularly the torts of assault, battery, false imprisonment, kinds of trespass, ghaṣb and itlāf. Chapter three examines the Sharī'ah conception of liability for premises and liability for animals. Chapter four expounds the liability for chattels and clears up the nature and scope of nuisance in Islamic law, their origins and concepts. Chapter five elucidates the liability for the escape of fire and water, and concerns also the discussion of liability of medical practitioners and medical negligence. Chapter six discusses more generally the topic of negligence. The thesis concludes by taking an overall look at the ways the law of tort operates in the Sharī'ah.

APA, Harvard, Vancouver, ISO, and other styles

38

Gheeraert, Laurent. "Financial systems: essays on the cultural determinants and the relevance for economic development." Doctoral thesis, Universite Libre de Bruxelles, 2009. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210212.

Full text

Abstract:

The thesis analyzes macro-economic determinants and roles of financial sector development.

The literature argues that the size and efficiency of both banking systems and financial markets - the two major components of a financial system - matter for economic development. In the same vein, the quality of financial institutions and regulations are instrumental in the construction of a strong financial system.

We study several aspects of financial sector development in relation to three recent phenomena, namely, the rise of Islamic banking and finance, the increasing interest for emerging stock markets, and the growing remittance flows.

This thesis is made up of three essays.

The first essay extends the literature on the determinants of financial sector development, from the angle of culture. We show that, on average, Islamic finance favors the development of the banking sector in Muslim countries. We provide evidence that several countries have indeed been successful in launching a new, Shariah-compliant, banking system, while not harming the existing, conventional, banking sector. Our empirical analysis uses a newly-constructed original database on the size and performance of Islamic deposit banks globally over the period 2000 to 2005.

The second essay focuses on stock markets, in particular, the less-studied emerging equity markets. We confirm traditional literature findings on unconditional stock returns, over a panel of 53 Major and Frontier markets. Mainly, volatility is high, big surprises happen, and return correlations with the rest of the world are low but have been rising over the last decades. In spite of large differences in market size and liquidity, Frontier market returns are qualitatively similar to Major markets', except correlations, which are lower in Frontier markets. At current correlation levels, the latter continue to bring substantial diversification benefits to international investors.

The last essay examines the relationship between remittances and economic growth. It confirms that remittances are important for developing countries as they stimulate domestic investment. It then demonstrates, theoretically and empirically, that improving the access to bank deposit accounts is crucial to channel remittances to more productive uses. This is even more true when the access to international borrowing is costly.

The 2008-2009 financial crisis has propelled the improvement of financial systems to the top of policymakers' agendas. Our work contributes to a better understanding of the importance of finance in economic outcomes. It also brings a novel perspective on the determinants of financial systems./

Notre thèse a pour objet l'étude des déterminants et des rôles macro-économiques des secteurs financiers dans le monde.

Selon la littérature scientifique, la taille et l'efficacité des systèmes bancaires et des marchés financiers - les deux composantes principales d'un système financier - sont importantes pour le développement économique. Il apparaît également que la qualité des institutions et des régulations financières contribuent à la création d'un système financier fort.

Au travers de trois essais, nous examinons plusieurs aspects du développement du secteur financier, qui sont en relation avec trois phénomènes récents; à savoir: la croissance de la finance islamique, l'intérêt grandissant pour les marchés boursiers émergents, et l'augmentation des flux de transferts de fonds des migrants.

Dans le premier essai, nous nous intéressons aux facteurs culturels comme déterminants des secteurs financiers et, en particulier, au rôle de la religion musulmane. Nous montrons que, en moyenne, la finance islamique favorise le développement du secteur bancaire dans les pays musulmans. Plusieurs pays ont en effet réussi à développer un nouveau secteur bancaire compatible avec la Shariah, sans porter ombrage au secteur bancaire non islamique avec lequel il co-existe. Notre analyse empirique est fondée sur une base de données nouvelle et originale. Celle-ci a pour intérêt de fournir des indicateurs de taille et de performance des banques islamiques de dépôt dans le monde, pour la période 2000-2005.

Dans le deuxième essai, nous explorons les rendements inconditionnels obtenus sur les marchés boursiers, en particulier les marchés émergents d'actions. Notre analyse d'un large panel de 53 marchés émergents "Majeurs" et "Frontières" confirme les résultats traditionnellement observés dans la littérature. Ainsi, pour l'essentiel, les deux types de marchés sont volatils et émaillés d'événements extrêmes. De plus, les rendements des marchés émergents sont faiblements corrélés avec ceux du reste du monde, même si ces corrélations ont augmenté au cours des derniers décennies. Malgré d'importantes différences en terme de taille et de liquidité, les rendements sur marchés "Frontières" sont qualitativement similaires à ceux des marchés "Majeurs", à l'exception des corrélations. Ces dernières sont en effet actuellement plus faibles dans les marchés "Frontières", qui continuent dès lors à offrir d'importants bénéfices de diversification aux investisseurs internationaux.

Dans le dernier essai, nous examinons la relation entre les transferts d'argent des migrants et la croissance économique. Nous confirmons l'idée que les transferts de fonds des migrants sont importants pour les pays en voie de développement. Mais surtout, nous démontrons, de manière théorique et empirique, qu'il est crucial de faciliter dans ces pays l'accès aux comptes de dépôt bancaires, afin de transformer une plus grande part des transferts des migrants en investissements productifs. Ceci est d'autant plus vrai quand l'accès aux autres sources de capitaux internationaux est coûteux.

En conclusion, la crise financière de 2008-2009 a fait de l'amélioration des systèmes financiers la priorité de nombreuses politiques économiques. Dans cette perspective, notre travail apporte une contribution à une compréhension plus fine de l'importance de la finance pour l'économie, ainsi qu'une vision novatrice des déterminants des systèmes financiers.
Doctorat en Sciences économiques et de gestion
info:eu-repo/semantics/nonPublished

APA, Harvard, Vancouver, ISO, and other styles

39

Balala, Hanaan. "A study of islamic law and english common law on aspects of islamic finance securitisations." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530014.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Kirwin, Matthew Fitzrobert. "The socio-political effects of Nigerian Shari'a on Niger." Ohio : Ohio University, 2004. http://www.ohiolink.edu/etd/view.cgi?ohiou1090266448.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

El-Ghirani, Muhammad M. "The law of charterparty with particular reference to Islamic law." Thesis, Glasgow Caledonian University, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326621.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Eltayeb, E. A. "Aspects of banking law : Sudanese and English law compared." Thesis, University of Exeter, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374707.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

Shabana, Ayman. "Customary implications in Islamic law the development of the concept of ʻurf in the Islamic legal tradition /." Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1905705581&sid=4&Fmt=2&clientId=1564&RQT=309&VName=PQD.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Mustapha, Nadira. "Muhammad Hamidullah and Islamic constitutional law." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33916.

Full text

Abstract:

The socio-political tranquility of Hyderabad-Deccan preceding 1948 facilitated much educational and cultural advancement. This rapidly developing environment provided Hamidullah with the ideal opportunity for educational growth, having earned five degrees related to the field of law by the age of 28 in 1936. He began writing at age 18, and thereafter he dedicated his life to literary pursuits. Today, he has written over 100 books and 900 articles; he speaks over 20 languages and writes in over 10 languages. Along with one of his major areas of focus, Islamic constitutional law, he has written on a variety of other subject areas, ranging from Islamic theology to Islamic history, from Qur'anic exegesis to Orientalism.
This thesis attempts to study five books in the field of Islamic constitutional law by Dr. Muhammad Hamidullah in order to provide a sample to judge and analyze his scholarship. Against the background of Hamidullah's historical and political context coupled with his high level of religiosity, the thesis will examine his utilization of the scientific approach throughout his writings. This thesis furthermore looks at the potential reasons he chose the path of study that he did, dedicating his entire life to the literary sphere and to a lesser degree the political sphere. It focuses on Hamidullah's thought and methodology as they emerged from his social and political background and as he expressed them in his literary achievements. This thesis, therefore, sets out to develop a critical analysis of Hamidullah's works, his philosophical perspective, and his contribution to contemporary scholarship.
Hamidullah has contributed to Islamic scholarship by making available Islamic literature to mixed audiences since he follows the scientific approach, writes in a variety of languages, and covers a wide range of unique topics. Indeed Dr. Muhammad Hamidullah is a well-esteemed scholar of formidable status and prestige in numerous fields of Islamic history.

APA, Harvard, Vancouver, ISO, and other styles

45

Noble, Deborah Rice. "The principles of Islamic maritime law." Thesis, SOAS, University of London, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.308077.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

Ruslan, Md Khalil. "Ḥawādith Ṭāri'a in Islamic commercial law." Thesis, University of Edinburgh, 2000. http://hdl.handle.net/1842/22609.

Full text

Abstract:

In the face of the desire to re-establish the sharī^ca in commercial activity, study of new perspectives in fiqh is a crucial part of modern Islamic legal thought. This study deals with hawādith tāri'a, one of the new legal terms in fiqh which is concerned with the status of a contract in commercial transactions. Despite the fact that hawādith tāri'a is usually considered in Western sources as coming under the law of contract, this study is confined to the Islamic legal category of commercial transactions. Therefore, this study begins by considering the law of contract and its connection with the Book of Sales. As a theory in contemporary Islamic legal circles, hawādith tāri'a addresses exceptional circumstances in commercial contracts which render the performance of the contractual obligation onerous. This study is concerned with understanding the sources of the theory, particularly the hadīths of the Prophet (peace the upon him) dealing with wad^c al-jawā'ih, where the foundation of the theory can be seen to have its origins. The significance of wad^c al-jawā'ih, a classical doctrine regarding calamities that occur to crops after the completion of a sales contract, is examined at length, together with the classical legal texts on the sale of fruit before its ripeness is evident (bay^c al-thimār qabla an yabduwa salāhuhā). Also, the doctrine of ^cudhr, which concerns being excused in the performance of contractual liability in hiring and leasing, is studied. From all of the above, the classical underpinnings of the concepts of hawādith tāri'a become abundant evident.

APA, Harvard, Vancouver, ISO, and other styles

47

Baderin, Mashood A. "Modern Muslim states between Islamic law and international human rights law." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/10964/.

Full text

Abstract:

This thesis examines the important question of whether or not Islamic law and international human rights are compatible and whether Muslim States can comply with international human rights law while they still adhere to Islamic law. The traditional arguments on the subject are examined and responded to from both international human rights and Islamic legal perspectives. The thesis formulates a synthesis between two extremes and argues that although there are some differences of scope and application, that does not create a general state of dissonance between Islamic law and international human rights law. It is argued that the differences would be easier to address if the concept of human rights were positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law. To avoid a simplistic generalisation of the arguments, each Article of the international bill of rights (ICCPR and ICESCR) and some relevant articles of the Convention on the Elimination of all Forms of Discrimination against Women are analysed in the light of Islamic law. The thesis theoretically engages international human rights law in dialogue with Islamic law and then evaluates the human rights policy of modern Muslim States within the scope of that dialogue. The State Practice of six Muslim States is examined as case studies to establish the arguments of the thesis. The thesis concludes, inter alia, that it is possible to harmonise the differences between Islamic law and international human rights law through the adoption of the margin of appreciation doctrine by international human rights treaty bodies and the utilisation of the Islamic law doctrines of maqâsid al-sharî‘ah (overall objective of Sharî‘ah) and maslahah (welfare) by Muslim States in their interpretation and application of Islamic law respectively. It is asserted that Islamic law can serve as an important vehicle for the enforcement of international human rights law in the Muslim world and recommendations are advanced to that effect in the conclusion.

APA, Harvard, Vancouver, ISO, and other styles

48

Ismail, Muhammad-Basheer Adisa. "Islamic diplomatic law and international diplomatic law : a quest for compatibility." Thesis, University of Hull, 2012. http://hydra.hull.ac.uk/resources/hull:7135.

Full text

Abstract:

Most literatures on international law have been observed to neglect or give scanty attention to the contribution of Islamic law towards the development of modern international law, particularly the principles relating to the diplomatic immunity and privileges. It has often been maintained, especially by some Western commentators that there is no modicum of materiality between Islamic siyar and the rules of conventional international law; as such, Islamic law has nothing to offer the international legal system. The current spades of global terrorism which are allegedly perpetrated in the name of Islam against diplomatic institutions have further widened this perceived incongruity between the two legal regimes. This study therefore critiques and also evaluates the exactitude of the contention that the sources of the two legal regimes are incompatible. This study equally examines the compatibility in the diplomatic principles between Islamic diplomatic law and international diplomatic law. It also contends that the attacks on diplomats and diplomatic facilities are antithetical to the classical principles of jihaad and Islamic diplomatic law. It further argues that the need to harmonise the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.

APA, Harvard, Vancouver, ISO, and other styles

49

Almansoor, Mohamed Ali Saleh. "Political rights of women in Islamic law, international law and the United Arab Emirates law." Thesis, Glasgow Caledonian University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395790.

Full text

APA, Harvard, Vancouver, ISO, and other styles

50

Denson, Razaana. "A comparative exposition of Islamic law relating to the law of husband and wife." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/19564.

Full text

Abstract:

Notwithstanding the enactment of the Constitution of the Republic of South Africa, 1996 the recognition of systems of religious, personal or family law for certain cultural and religious groups has either been limited or is virtually non-existent. To this extent, marriages concluded in terms of Islamic rites do not enjoy the same legal recognition that is accorded to civil and customary marriages. Non-recognition of Muslim marriages means there is no legal regulatory framework to enforce any of the consequences that arise as a result of the marriage, or any orders that are made by the Ulama, thereby creating a perilous situation that has dire consequences for spouses to a Muslim marriage. Despite South Africa’s commitment to the right of equality and freedom of religion, the courts have acknowledged that the failure to grant recognition to Muslim marriages on the ground of gender equality, has worsened the plight of women in these marriages, in that they were left without effective legal protection, should the union be dissolved either by death or divorce. Whilst the ad hoc recognition of certain consequences of Muslim marriages by the judiciary has gone a some way to redress the plight of Muslim women, and provided relief to the lived realities of Muslim women, these decisions are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims. These court decisions, that are in conflict with Muslim Personal Law (MPL), will ultimately lead to the emergence of a distorted set of laws relating to Muslim family law. This is a real cause for concern. This thesis is written from an Islamic legal theory perspective, which is contrary to western legal theory, as the latter adopts a human rights perspective. The basis of modern western democratic societies is a constitution that is premised on human rights and equality and which advocates the notion that the rights contained in the constitution reign supreme in all matters, religion included. Therefore, where a conflict arises in respect of the freedom of religion and the right to equality, western ideologies and philosophies dictate that the latter trump the former. This would inevitably mean that religious law would have to be adapted and ultimately amended so that it is in compliance with the constitution. From an Islamic religious perspective, this is not feasible and practicing Muslims will find this untenable. This may be legally uncomfortable in South Africa as a constitutional democracy but it is the reality for the adherents of the Muslim faith. A draft Muslim Marriages Bill (MMB) was released in 2003, and an amended MMB was tabled in Parliament in 2010. Both MMBs propose the legal recognition and regulation of Muslim marriages in South Africa. However, the two major issues delaying the enactment of the MMB into legislation are, firstly, whether or not the MMB would pass constitutional muster and secondly, the lack of agreement in the Muslim community on whether the MMB is Shari’ah compliant. Despite the largely consultative process that the MMBs underwent the legislative attempts to enact the MMB into legislation has not been successful. This thesis seeks to provide a possible solution whereby legislation regulating MPL law can be implemented in South Africa, notwithstanding the apparent conflict existing between MPL and the rights contained in the Bill of Rights. Notwithstanding the preference shown by the legislature to enact the MMB into legislation which will grant recognition to Muslim marriages, it is submitted there is a need for the legislature to rethink the approach that has to date been adopted. To this extent, it is submitted that the legislature should reconsider granting recognition to Muslim marriages by enacting legislation that takes the form of general legislation where state recognition is granted to all religious marriages, whether it be Muslim, Hindu or Jewish marriages. General legislation would mean that the state would require the marriage to be registered. However, the prescribed requirements, formalities and the consequences of the marriage would be determined by the chosen religious system of the spouses. On a national level a comparative analysis between Islamic law and the South African legal system, relating to the law of marriage is conducted. For the comparative analysis on an international level the law of marriage in England and Wales has been chosen. South Africa and England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Furthermore, an internal pluralism exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, and as well as South African and English law. The manner in which MPL is granted recognition needs to be given careful consideration as the implementation of this legislation will only be successful if it is compatible with the rulings and teachings of Islamic law. Caution should therefore be exercised to ensure that the fundamental aspects of MPL are not compromised as this will result in the legislation not being Shari’ah compliant and there will be no buyin from the Muslim community, with the consequence that this legislation will be mere paper law.

APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic 'Banking law (Islamic law)'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles