...Authority in Islamic Law: The Islamic Law of Inheritance in Modern Muslim States Yasir Billoo This working paper is hosted by The Berkeley Electronic Press (bepress) and may not be commercially reproduced without the permission of the copyright holder. http://law.bepress.com/expresso/eps/12 Copyright c 2003 by the author. Change and Authority in Islamic Law: The Islamic Law of Inheritance in Modern Muslim States Abstract In traditional Islamic law, the sole repositories of law were the individual muslim scholars and their schools of law, not the Muslim state. This tradition has continued until today, even in the most modern Muslim states. In light of a fast-paced, modern world and heightened international scrutiny of Islamic law, reforms must be made in the traditional system. This paper suggests that the best reform would be to treat the traditional Islamic law as a common law for all Muslim states. With that foundation, the legislatures of those nations can bring about change in their respective countries, while keeping intact the authenticity and authority of the law. The scholars would be repositories of only this common law, further developing undeveloped principles and issuing opinions with which the legislature can work, and the states would be the repositories of modern state law. It is through this readjustment of the Islamic legal structure that the law will retain any relevance in the lives of its followers. Change and Authority in Islamic Law: The Islamic Law...
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...Islamic Banking and Finance: History Development Slide #1 Some Issues History Of IBF Development of IBF -Overview- 2. Islamic Banking and Finance: History and Development History and Development of IBF in Bahrain Full Fledged IB vs. IB windows • Word ‘bank’ comes from the word ‘banco’ - A table or a bench on which Italian money-changers used to display their monies and records and conduct their transactions History of Islamic Banking and Finance • Arabic financial and economic system preIslam – Trading based arrangements were common • Bay’ al-musawamah (bargaining) • Bay’ al-muzayadah (auctioning) • Bay’ al-amanah (trust sale) – Al-murabahah (resale with profit) – Al-tawliyyah (resale at cost) – Al-wadiah (resale at loss or below cost) History of IBAF- (2) – Barter trade was common – Al-sarf (money exchange) • Lack of standardization – for e.g., 10 grams of gold in coin form = 15 grams of gold in bracelet form – Institutionalization of riba – Widespread gharar and maysir – Monopoly, fraud and economic injustice was common History of IBAF- (3) • With the advent of Islam, – Eradication of riba institutions and practices – Eradication of gharar transactions – Institutionalization of fair and equitable markets • No monopoly, fraud • Standardization of money and commodity exchanges – Hadith on the six commodities – Islamization of many business organizations and institutions • Mudarabah, musyarakah, salam, muzara’ah (sharecropping or partnership...
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...II. The Eritrean Islamic Jihad Movement (EJIM) Eritrean separatism began in earnest during World War II, as Eritrea passed from Italian to British rule in 1941 and remained under British administration until 1950. Arab states pushed for independence given the large Muslim population and ties to the Arab world from that community. The initial constitution in 1952 was ratified by Emperor of Ethiopia, Haile Selassie, but Eritrea and Ethiopia were linked through a federal system, under the sovereignty of the emperor. Eritreans resisted Ethiopian rule and began armed struggle for their independence in 1958. The Eritrean Islamic Jihad Movement (EIJM) began activity in 1975 when a group of Islamist-minded guerillas split off from the Eritrean Liberation Front (ELF) that had been fighting since the beginning of the Eritrean independence movement. The EIJM was formally established in 1980. Since independence in 1993, the EIJM (and its factions) have been the principal Muslim opposition group in Eritrea, seeking the violent overthrow of the ELF government led by President Isaias Afewerki. EIJM claims to only target the Eritrean government and its apparatus in the country, not Western targets, and seeks the establishment of an Islamic caliphate in Eritrea. The group is based in Sudan and is made up primarily of dissidents from the ELF, conservative Eritrean (and some other Muslims from Horn of Africa countries), and a Muslim youth network. The group is also known by a variety of other names—the...
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...Islamic Terrorist Groups: A Comparative Study of Terror Jason Schrand HSM 305: Survey of Homeland Security & Emergency Mgmt Instructor: Blake Cheary October 6, 2013 The phrase "Islamic Terrorist" conjures many images for different people. Many will recollect the acts of September 11, 2001 - the act of terror that led the United States first into an invasion of the Taliban-controlled nation of Afghanistan and then into the "Second Gulf War" with Iraq. While both wars made great progress toward the initial goals, namely the overthrow of the Taliban regime in Afghanistan and the Hussein dictatorship in Iraq, as the years went by and the war dragged on, seemingly endlessly, the Islamic groups faced by the United States and her Allies seemed to be wearing down the civilian desire to continue to wage war. What American civilians do not seem to understand is that not only does the multitude of groups have very nearly the same goals, but they are also willing to die for their cause and will be almost impossible to defeat unless they are hunted and destroyed. A study of the Islamic terror groups must include historic examples; Islamic extremism is not a recent development, nor has the ideology of the extremist believers changed much since the Islamic Conquests began in the 7th Century. In F.M. Mickolus' work International Terrorism in the 1980's, Mickolus wrote that since 1968 alone two-thirds of the known incidents of terrorism in the world had occurred in...
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...ISLAMIC FINANCE: CAN IT BE A REMEDY FOR FINANCIAL CRISES? I. INTRODUCTION The financial system is at the heart of the modern economy. When this system works well, it enables to allocate resources that maximize the productivity of the economy. On the contrary when it does not work properly, the whole economy starts to decline. Because financial system must be considered as an in-built part of real economy in terms of credit mechanism. The recent global financial crisis began in August 2007 and after this time it spread gradually to the financial markets in the world. Although it is not severe as in its beginning phase but recovery is not but its aftershock is still going on. There has been numerous research conducted by many economists and analysts. According to the many of these studies, risky transactions, lack of surveillance, and greed that underlie this financial crisis. The relationship between Islamic finance and the financial crises has been discussed by many authors in some of these research. All those works has been done after the beginning of the global financial crisis. Thanks to its strength aspects include risk sharing mechanism, strict Sharia governance rules, tighter supervision and transparency policy, almost all of these works have been concluded that Islamic finance may make significant contributions to prevent financial crises like the current one. Also the reality of the limited impact of the current global financial crisis on Islamic Finance-based institutions...
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...Analysis of Islamic Banking in Pakistan. Submitted By: Saad Alam 2151407 Submitted To: Sir Qayyum Qureshi | | | | | Type | Public Limited | Traded as | KSE: MEBL | Industry | Islamic Banking, Commercial Banking | Founded | 1997 | Headquarters | Karachi, Pakistan | Products | Murabaha, Ijarah, Diminishing Musharakah, VISA Debit Card, Saving Accounts, Consumer Banking etc. | Number of employees | 7,000 - 2014 | Slogan | The Premier Islamic Bank | Website | www.meezanbank.com | | PROFILE:Meezan Bank (Urdu میزان بینک) is the first and largest Islamic commercial Bank of Pakistan. The Bank is headquartered in Meezan House - Karachi, Pakistan. It has a network of over 490 branches in more than 100 cities of Pakistan. It commenced operations in 2002 when State Bank of Pakistan issued first-ever license for Islamic commercial banking. The Bank has a market share of 35% in Islamic banking industry of the country.JCR-VIS Credit Rating Company Limited, an affiliate of Japan Credit Rating Agency, has rated the Bank’s short term rating at A1+ (A-One Plus), the highest standard in short term rating, and the long-term entity rating at AA (Double A) with “Stable” outlook, making it the only Islamic bank with AA credit rating in the Islamic banking industry of Pakistan. | | HISTORY:The founder of Pakistan, Quaid-e-Azam Mohammed Ali Jinnah while delivering speech at the opening ceremony of State Bank of Pakistan...
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...“Islamic Accounting : Their Position in International Standard Harmonization” Rendy Anggita Putra “Islamic Accounting : Their Position in International Standard Harmonization” 1. Abstract According to (Susela, 1999) said the development of accounting theories is are affected by several factors including political and economic interests of certain people or group in community. Therefore, it can be also called if the accounting is a significant tool to illustrate the interests and perspectives of the various stakeholders. Islamic industry of finance has obtained tremendous growth in last few years, both in number of assets that manage by industry and in the diversity of financial products. A global system that can rule the industry will become significantly important for the Islamic finance sector in order to meet the needs of continued growth (Vinnicombe, 2012). Harmonization of Shari’a accounting standards has continue to be made by the AAOIFI as it is also done by the International Accounting Standards Board (IASB) for conventional accounting harmonization. In its development, financial reporting in Islamic accounting adds some different additional reports than conventional accounting to accommodate the unique transactions of Islamic economics. In that regard, this paper have objective to explore the main important values of Shari’a accounting and reporting standards of Islamic Accounting and try to find the answers of Islamic accounting positions among the process...
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...of Mudarabah & a new approach to equity financing in Islamic finance Salman Ahmed Shaikh International Association of Islamic Banks 1. July 2011 Online at http://mpra.ub.uni-muenchen.de/19697/ MPRA Paper No. 19697, posted 19. September 2011 12:50 UTC A Critical Analysis of Mudarabah & A New Approach to Equity Financing in Islamic Finance Journal of Islamic Banking & Finance, ISSN 1814-8042 By Salman Ahmed Shaikh Project Director, Islamic Economics Project islamiceconomicsproject@gmail.com www.islamiceconomics.viviti.com Abstract Financial intermediation serves a valuable purpose, but it can also be structured using equity modes of financing. This can relieve the financee and increase diversity of entrepreneurial undertakings as in debt based commercial financing, there is little room for diversity with obligatory and stipulated servicing of debt. Using Islamic equity modes of financing poses the challenge of the agency problem and moral hazard. The extent of this agency problem in Mudarabah and its impact on economic payoffs between counterparties is analyzed in this study with a simulation model. Based on review of alternate solutions proposed, the author presents two possible covenants which could make Mudarabah mode of financing more acceptable and widely usable in financial intermediation. This would also further the egalitarian objectives of an Islamic economic order. Keywords: Interest free economy, Islamic Economic System, Mudarabah, Agency Problem, Moral Hazard...
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...Findings/result Conclusion Islamic Finance and the Afterlives of Development in Malaysia Daromir Rudnyckyj To describes some of the actions that have taken to position Kuala Lumpur as the central node in this emerging financial system. It also highlights the key principles of Islamic finance and the debates in which practitioners are engaged while developing a shariah-compliant financial system. Four aspects of Malaysia’s Islamic finance project reflect the afterlives of development. A novel approach to capitalism has been created to show how the efforts build on prior legacies of develop mentalism. First, state plans to build an Islamic...
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..............................................7 3. Understanding Riba ...........................................................10 3.1 A world shaped by Riba.................................................... 10 3.2 What is Riba? ................................................................. 11 4. The Misunderstanding of Riba............................................20 4.1. Religious reformism and capitalism ................................... 20 4.2 The Islamic Reformers ..................................................... 23 4.3 The followers of Reda ...................................................... 27 4.4 The misunderstanding of Riba an-nasiah today.................... 28 4.5 Equating Riba to interest in a loan ..................................... 33 4.6 Islamic Banking .............................................................. 34 4.6.1 Islamic Banks are banks ............................................. 34 4.6.2 Murabaha: what it is and what it is not ......................... 38 4.6.3 How the Islamic Bank’s version of the contract of Murabaha came into being ................................................................. 41 4.6.4 The danger of making principles out of contracts............ 46 4.7 The Stages of the “Islamisation” process ............................ 48 4.8 On the methodology of modernism .................................... 49 5. Understanding Paper Money ..............................................54 5.1 Paper money backed by gold and...
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...I. History of Islamic Banking in Malaysia Malaysia started Islamic banking in early 1980’s. Islamic Banking is especially true for Muslim world where currently Islamic banking strides at two separate fronts. At one side, efforts are also underway to convert the entire financial systems in accordance to Islamic laws (Shariah). At the other side, separate Islamic banks are allowed to operate in parallel to conventional interest based banks. Malaysia opted for the alternative gradual way of developing and implementing Islamic banking system. 1.1 Origin of Islamic Banking in Malaysia The roots of Islamic Banking in Malaysia should go back to 1963 when the government established Tabung Haji or Pilgrims Management and Fund Board. The organisatio was established to invest the savings of the local Muslims in interest free places, who want to carry out pilgrim (Haji). Tabung Haji utilizes Mudarabah (profit and loss sharing), Musharikah (joint venture) and Ijara (leasing) modes of financing for investment under the guidance of National Fatawah Committee of Malaysia. The first call for separate Islamic bank was made in 1980, in a seminar held in the National University of Malaysia. The members who attend had passed a decision requesting the government to create a special law to setup an Islamic bank in the country. Thereafter, the government had set up a National Steering Committee in 1981 to study legal, religious and operational aspects of organized an Islamic bank. The committee...
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...BRAND IMAGE OF ISLAMIC BANKS SUBMITTED BY TARIQ JALEES LT.COL(RETD) RAZA KAMAL ASSISTANT PROFESSOR DIRECTOR ACADEMICS COLLEGE OF MANAGEMENT SCIENCE PAF-KARACHI INSTITUTE OF ECONOMIC AND TECHNOLOGY KORANGI CREEK , KARACHI-75190 WWW.PAFKIET.EDU.PK UAN 111-723-733 TELEPHONE 5091114-7 FAX 92215091118 RESIDENCE ADDRESS OF TARIQ JALEES 87-Q, BLOCK-2, PECHS, KARACHI, RESIDENCE TELEPHONE 9221-4556308 MOBILE 0300-82007019 EMAL TARIQUEJ2004@YAHOO.COM TARIQJ@PAFKIET.EDU.PK 1 BRAND IMAGE OF ISLAMIC BANKS 1.0.0 Introduction What is Islamic banking? What is brand Image? Both the topics independently have been researched, discussed and deliberated so many times that the readers generally don’t fancy reading them. However, there is not a single research to best of our knowledge wherein researchers may have combined both the diversified topics. Lack of research on “brand image of Islamic bank” was one of the major motivator for undertaking this research. Thus the objective of this paper was to measure the brand image of Islamic banks, and develop the profile of the customers of Islamic banks. 1.1.0 Literature Survey In order to develop the conceptual background, the literature review has been structured as follows: 1.1.2 A brief over view on Islamic banking and literature on consumer behavior, characteristics and perception towards Shariah banks A brief overview of branding imaging concept An Overview Islamic Banking There are about 270 Islamic banks around the world (including subsidiaries...
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...Responsibility in Islamic Banks of Bangladesh Quazi Sagota Samina* The evolution of Shariah based profit –loss sharing centered Islamic banking, worldwide has changed the thought of financial institutions even of the developed countries in the west. On the other hand the recognition of importance of corporate social activities in the business organizations as well as in financial institutions has accelerated the significance of Islamic banks as in Islam these CSR practice have been emphasized in different ways. Likewise the Islamic financial institutions all over the world, Islamic banks in Bangladesh are also being engaged in various social activities as a part of their responsibilities. In this study it has been tried to find out whether the Islamic Banks of Bangladesh are adhering to the prescribed forms of the CSR activities or not. This paper is mainly designed based on the CSR forms to be followed by Islamic banks as has been prescribed by Farook (2007) in his study “On Corporate Social Responsibility of Islamic Financial Institutions” under the light of Islamic Shariah. The research found compliance to the mandatory forms by the 6 full fledged sample Islamic banks in Bangladesh whereas variety in involvement in recommended forms of CSR activities by considering the scenario of banks from 2007 to 2011. The study also finds a strong positive correlation between CSR expenditure and sample banks’ deposit, loan and profitability. Keyword: Corporate social responsibility, Islamic banking...
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...* Principles of Islamic banking Islamic banking refers to a system or banking activity that is consistent with the Islamic jurisprudence [arab. fiqh] based on the principles of the Sharīʿah. Literally, it may be translated with “Path to the water of source”, rendering the “right” way that Allah has carved out for all Muslims. Main sources of the the Sharīʿah are the Qur’an and the Sunnah. Basic aims of the Sharīʿah are the spread of wisdom and welfare through transferring faith including beliefs and practices. In addition, in the past centuries Islamic religious scholars and jurists have been developing its practical application [arab. fatwa] to a system of instructions; some of them find their way into the constitutions of Arabic countries like Kuwait. Today Islamic jurisprudence is a code of conduct that on the one hand regulates the relationship between Allah and the mankind [arab. ʿibādāt] and on the other hand the economic and interpersonal relationship between individuals [arab. mu’amāt]. Since the entire legal framework of Islamic banking is codified in the Sharīʿah, every Islamic bank in the GCC region and the majority of the remaining Islamic banks worldwide have an in-house Sharīʿah -board that audits the compatibility of the banks’ products and services with the restrictions imposed by the Islamic law. In the following, the main principles of Islamic banking are explained. * Prohibition of riba, gharar and maysir (Qur’an 4:161) The first and most important feature...
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...Islamic Banking Malek Alraddadi 02-24-2014 FIN-610 Introduction This study debates upon the history of Islamic banking. What are the ethical issues involved in the implementation of Islamic banking. Since the birth of Islam what type of steps are taken and by whom these measurements were taken. Besides this this paper also declares the response and customers point of view regarding Islamic banking with the help of different studies. History of Islamic banking The term Islamic banking got regular in the 1960's, however the systems and thoughts of the framework were suggested and operated since the beginning of Islam. Numerous studies and explores have indicated that Islamic money components were utilized within the Muslim world all around the Middle Ages; in leading exchange and business exercises. Charging investment on credits was not regular in those days. The first run through investment bearing credits were generally utilized within the Muslim world, particularly in the Middle East, was throughout the Ottoman Empire's governed in the fifteenth century. Mehmet Ebusuud Efendi, the senior Islamic minister of the Ottoman Empire, issued a fatwa (decision) permitting the charging of investment and thinking of it halal (allowable) as long as it was underneath 10%. Despite the fact that it was clear in The Holy Quran that investment was strictly disallowed, practically nobody could challenge the senior Islamic priest's decision since testing him might mean testing the...
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