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Author: Omoola Sodiq Olalekan Publisher: ISBN: Category : Languages : en Pages : 242
Book Description
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.
Author: Omoola Sodiq Olalekan Publisher: ISBN: Category : Languages : en Pages : 242
Book Description
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.
Author: Aishat Abdul-Qadir Zubair Publisher: ISBN: Category : Languages : en Pages : 276
Book Description
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.
Author: Umar A. Oseni Publisher: Routledge ISBN: 1351025562 Category : Business & Economics Languages : en Pages : 292
Book Description
Featuring high-level analysis of Islamic law, this book examines fintech in Islamic finance from both theoretical and empirical perspectives. Whilst building on existing approaches, it also discusses the current application of fintech in promoting financial inclusion through innovative solutions in Muslim-majority countries, identifying future directions for policy-makers. With original chapters written by prominent academics, senior lawyers and practitioners in the global Islamic finance industry, this book serves as the first standalone pioneering reference work on fintech in Islamic finance. It also, for the first time, examines the position of Islamic law on cryptocurrencies, such as bitcoin. Besides the conceptual analysis of the Sharīʿah and legal aspects of fintech in Islamic finance, this book provides relevant case studies showing current and potential developments in the application of fintech in various sectors ranging from crowdfunding and smart contracts, to Online Dispute Resolution, Investment Account Platform and identity verification in the KYC process. Setting the agenda for researchers in the field, Fintech in Islamic Finance will be useful to students and scholars of Islamic finance and financial technology.
Author: Adnan Trakic Publisher: Routledge ISBN: 9780367662226 Category : Dispute resolution (Islamic law) Languages : en Pages : 196
Book Description
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.
Author: Rafay, Abdul Publisher: IGI Global ISBN: 1799802205 Category : Business & Economics Languages : en Pages : 888
Book Description
As an emerging global phenomenon, Islamic economics and the financial system has expanded exponentially in recent decades. Many components of the industry are still unknown, but hopefully, the lack of awareness will soon be stilled. The Handbook of Research on Theory and Practice of Global Islamic Finance provides emerging research on the latest global Islamic economic practices. The content within this publication examines risk management, economic justice, and stock market analysis. It is designed for financiers, banking professionals, economists, policymakers, researchers, academicians, and students interested in ideas centered on the development and practice of Islamic finance.
Author: Ahcene Lahsasna Publisher: John Wiley & Sons ISBN: 1118796861 Category : Business & Economics Languages : en Pages : 243
Book Description
A comprehensive guide to one of the key risk management issues in the expanding field of Islamic finance For Islamic financial institutions, Sharia non-compliance is a growing and key risk that must be carefully managed. This book offers a thorough look at non-compliance risk and explains the legal documentation necessary to ensure compliance for professionals in the Islamic finance industry. In addition, the book offers helpful guidance and understanding for the legal departments of Islamic financial institutions, as well as lawyers, legal firms, Shariah advisors, Shariah officers, and students studying Islamic finance. The book covers fundamental concepts, major risk elements, tools and techniques for identifying non-compliance, legal documentation, and the impact of non-compliance, among other vital topics. Offers comprehensive coverage of the growing field of non-compliance risk management in Islamic finance Includes in-depth coverage of legal documentation Written by an expert on the topic who teaches at INCEIF, The Global University for Islamic Finance and IIUM, International Islamic University of Malaysia in Malaysia
Author: Umar A. Oseni Publisher: Emerald Group Publishing ISBN: 1789735475 Category : Business & Economics Languages : en Pages : 378
Book Description
Through a thorough analysis of emerging legal and regulatory issues in Islamic finance law and practice in Malaysia, this exciting new study covers issues such as blockchain technology, anti-money laundering, and FinTech in Islamic finance.
Author: Kabir Hassan Publisher: John Wiley & Sons ISBN: 0470689579 Category : Business & Economics Languages : en Pages : 481
Book Description
Islamic Finance has experienced rapid growth in recent years, showing significant innovation and sophistication, and producing a broad range of investment products which are not limited to the complete replication of conventional fixed-income instruments, derivatives and fund structures. Islamic Finance represents an elemental departure from traditional interest-based and speculative practices, relying instead on real economic transactions, such as trade, investment based on profit sharing, and other solidary ways of doing business, and aims to incorporate Islamic principles, such as social justice, ecology and kindness, to create investment products and financial markets which are both ethical and sustainable. Products created according to Islamic principles have shown a low correlation to other market segments and are relatively independent even from market turbulences like the subprime crisis. Therefore, they have become increasingly popular with secular Muslims and non-Muslim investors, as highly useful alternative investments for the diversification of portfolios. In Islamic Capital Markets: Products and Strategies, international experts on Islamic Finance and Sharia'a Law focus on the most imminent issues surrounding the evolution of Islamic capital markets and the development of Sharia'a-compliant products. The book is separated into four parts, covering: General concepts and legal issues, including Rahn concepts in Saudi Arabia, the Sharia'a process in product development and the integration of social responsibility in financial communities; Global Islamic capital market trends, such as the evolution of Takaful products and the past, present and future of Islamic derivatives; National and regional experiences, from the world's largest Islamic financial market, Malaysia, to Islamic finance in other countries, including Germany, France and the US; Learning from Islamic finance after the global financial crisis; analysis of the risks and strengths of Islamic capital markets compared to the conventional system, financial engineering from an Islamic perspective, Sharia'a-compliant equity investments and Islamic microfinance. Islamic Capital Markets: Products and Strategies is the complete investors' guide to Islamic finance.
Author: Adnan Trakic Publisher: Routledge ISBN: 1351188895 Category : Business & Economics Languages : en Pages : 196
Book Description
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.
Author: Omoola Sodiq Olalekan
Author: Omoola Sodiq Olalekan
Author: Aishat Abdul-Qadir Zubair
Author: Umar A. Oseni
Author: Adnan Trakic
Author: Umar A. Oseni
Author: Rafay, Abdul
Author: Ahcene Lahsasna
Author: Umar A. Oseni
Author: Kabir Hassan
Author: Adnan Trakic