Islamic Finance: Law, Economics, and Practice

Islamic Finance: Law, Economics, and Practice

by Mahmoud A. El-Gamal
     
 

ISBN-10: 0521864143

ISBN-13: 9780521864145

Pub. Date: 06/30/2006

Publisher: Cambridge University Press

This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance — from personal loans to investment banking, and from market

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Overview

This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance — from personal loans to investment banking, and from market structure to corporate governance — Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of “Islamization” of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.

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Product Details

ISBN-13:
9780521864145
Publisher:
Cambridge University Press
Publication date:
06/30/2006
Edition description:
First Edition
Pages:
240
Product dimensions:
5.98(w) x 8.98(h) x 0.91(d)

Table of Contents

1. Introduction; 2. Jurisprudence and arbitrage; 3. Two major prohibitions: Riba and Gharar; 4. Sale-based Islamic finance; 5. Derivative-like sales: Salam, Istisma' and 'Urbun; 6. Leasing, securitization and Sukuk; 7. Partnerships and equity investment; 8. Islamic financial institutions; 9. Governance and regulatory solutions in mutuality; 10. Beyond Shari'a arbitrage; Conclusion.

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