Shari'ah Compliant Private Equity and Islamic Venture Capital

Shari'ah Compliant Private Equity and Islamic Venture Capital
Author: Fara Madehah Ahmad Farid
Publisher: Edinburgh University Press
Total Pages: 200
Release: 2012-11-16
Genre: Religion
ISBN: 0748655638

This book focuses on the applicability of Shari'ah-based structures and Islamic venture capital to the private equity industry. It includes case studies and examples of business financial appraisals to give an in-depth view of the application and operatio

Shariah Investment Agreement

Shariah Investment Agreement
Author: Syed Adam Alhabshi
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 192
Release: 2021-02-08
Genre: Business & Economics
ISBN: 3110562758

Risk-sharing investment is currently the buzz word in Islamic finance. However, there is an incongruence in applying multilayered and opaque Tijarah contracts for investment purposes. This has contributed to the divergence between Shariah and Common Law and caused tremendous problems and systemic legal risks to Islamic finance. The authors of Shariah Investment Agreement introduce a legal tool in the form of a Shariah Investment Agreement carefully drafted to ensure that it is Shariah-compliant and can be applied in Common Law jurisdictions as well, so as to allow for the execution of risk-sharing investment in Islamic finance. It details the building blocks and key considerations that must be noted when drafting such agreements so the investor and investee will know what to expect when entering into such a contract. Proper implementation of the Shariah Investment Agreement will pave a clear route to a harmonious convergence between Shariah and Common Law and lead to Islamic finance developing further to become a stronger, unstoppable force in the finance industry.

Islamic Capital Markets and Products

Islamic Capital Markets and Products
Author: Simon Archer
Publisher: John Wiley & Sons
Total Pages: 332
Release: 2017-10-16
Genre: Business & Economics
ISBN: 1119218837

Ensure Basel III compliance with expert analysis specific to Islamic Finance Islamic Capital Markets and Products provides a thorough examination of Islamic capital markets (ICM), with particular attention to the products that they offer and the legal and regulatory infrastructure within which they operate. Since Islamic banks act as asset managers, attention is paid to the regulatory challenges which they face in the light of Basel III, as regards both eligible capital and liquidity risk management. The authors of the chapters are professionals and practitioners, and write from experience. The editors also contributed to some of the chapters. The markets and products covered include Islamic equities, Islamic investment certificates (Sukūk) which are Shari'ah compliant alternatives to conventional bonds, and Islamic Collective Investment Schemes. The coverage of legal and regulatory issues includes an examination of the implications for ICM of securities laws and regulations and of Basel III, as well as collateralisation issues. Shari'ah compliance aspects, in terms both of the selection criteria for Islamic equities and of the 'purification' of impermissible components of income, are also examined in some detail, as are the implications of Basel III for eligible capital in general and for Shari'ah compliant capital instruments in particular. A similar analysis is also made of the implications of the Basel III requirements for liquidity risk management and high quality liquid assets (HQLA), including Shari'ah compliant HQLA. The book concludes with three case studies, two describing the ICM in Malaysia and Bahrain and a third which describes Sukūk issued as Shari'ah compliant capital instruments, followed by brief concluding remarks by the editors.

Islamic finance contracts

Islamic finance contracts
Author: MONZER KAHF
Publisher: Al Manhal
Total Pages: 508
Release: 2013-01-01
Genre: Business & Economics
ISBN:

This book deals with an old subject, Islamic Finance contracts. Yet, it is very new and unique in its approach, ideas and arguments. The book classifies Islamic finance contracts in three categories; the first category consists of seven classical finance contracts whose details are given in the classical writings of Islamic jurisprudence (Fiqh), although in no other Fiqh publication these contracts are depicted and distinguished as specifically financing contracts. The second category consists of what I call traditional hybrid Islamic contracts which came about as a result of the 1970’s startup stage of Islamic banking and the search of Shari’ah compliant contracts which fit a process of financial intermediation. The third category consists of Islamic finance contracts which came about during the takeoff and open expansion stage of Islamic banking especially in the first decade of the new millennium. The uniqueness of the book comes from its approach of blending the legal description, conditions and requirements of each Islamic Finance contract with the economic and financial circumstances within which the contract fits and also from the emphasis on the financial consequences of each of the Islamic finance contracts. The book is also unique in bringing about comparison with contracts used in the conventional Western style finance transactions. It is an attempt of formulating the main elements of a general theory of Islamic finance which is internally coherent and also consistent with other components of Islamic economics. Descriptor(s): ISLAMIC ECONOMICS | FINANCING | CONTRACTS | TRANSACTIONS (ISLAMIC JURISPRUDENCE) | SILENT PARTNERSHIP | OWNERSHIP | INVESTMENTS | PROFITS | ISLAMIC BANKS

Contracts and Deals in Islamic Finance

Contracts and Deals in Islamic Finance
Author: Mohsin Hayat
Publisher:
Total Pages: 300
Release: 2015
Genre: Business enterprises
ISBN:

A very accessible and concise guide to Islamic finance Contracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners. The embedded requirements within selected Islamic financial contracts, such as risk weightage, capital structures, creations of cash flows, and balance sheets, are explained fully to provide a solid understanding of the backbone of the industry. Aimed primarily at beginners and those with a background in conventional banking, this book guides readers through the major contracts, how they're applied, and how to discern a contract's legitimacy. Case studies and interviews with bankers and global regulators provide real-life examples of contract application, and the author's own experiences provide deep insight into the everyday issues that arise. Ancillary instructor's materials include PowerPoint slides and lecture notes that facilitate use in the classroom. Literature describing the application of Islamic financial contracts is few and far between, and those providing a basic breakdown of these contracts and questioning their validity are rarer still. This book is the first of its kind, offering a basic approach to understanding Islamic contracts, designed for the true beginner. Understand the current contracts applied in Islamic banking Learn how contracts are applied across different jurisdictions Identify illegitimate contracts and those not in the spirit of Shariah law Examine the current economic realities surrounding Islamic finance By highlighting the underlying themes in Islamic finance and assessing the current practices, this book gives readers the solid understanding and up-to-date perspective that form a solid foundation upon which successful Islamic finance is practiced. For a solid introduction to the Islamic finance industry, Contracts and Deals in Islamic Finance is an accessible, practical guide.

Islamic Venture Capital and Its Challenges

Islamic Venture Capital and Its Challenges
Author: Mohamed Asmy Mohd Thas Thaker
Publisher: LAP Lambert Academic Publishing
Total Pages: 52
Release: 2012-05
Genre:
ISBN: 9783659132483

Islamic finance is currently undergoing a rapid phase of development. One of the components of the Islamic finance that undergo the development is Islamic venture capital (VC-i). VC-i plays its role as a source of financing for investment and project purposes. This paper intends to investigate thoroughly the development and application of the VC-i as this market started to emerge although it was newly introduced. Various instruments of VC-i have introduced and applied in many projects especially long term basis project. Hence, the mechanism of those instruments needs to be analyzed critically to get a clear picture in terms of its application. In addition, this study tries to figure out the main challenges faced by VC-i especially in terms of the Shariah compliance which require further re-examination by the Muslim scholars as well the regulators. At the end of this paper, the suggestion and recommendation will be provided in order to make this facility to be more competitive and at the same time it fulfills the Shariah requirements.

The Legal Framework for Incorporation of Islamic Venture Capital in Nigeria

The Legal Framework for Incorporation of Islamic Venture Capital in Nigeria
Author: Sa'id Adekunle Mikail
Publisher:
Total Pages: 830
Release: 2013
Genre:
ISBN:

The ultimate objectives of this study are twofold. The first is to examine possible incorporation of Islamic venture capital in Nigeria. The second is to examine whether the Malaysian regulatory model would be appropriate in the Nigerian milieu. Since Islamic venture capital is a new phenomenon, this study provides an overview of conventional venture capital as a precursor of the Islamic model. Furthermore, this study provides some introductory remarks on the development of Islamic venture capital while focusing on recent trends and regulatory policies. This includes pre-Islamic partnership modes, early Islamic partnership modes, modern evolution and application of venture capital, and contemporary application of Islamic venture capital. With special emphasis on Islamic venture capital, the study examines Shari'ah modes of investment, Shari'ah compliance requirements and legal requirements for incorporating Islamic venture capital followed by allied matters. The methodology used in this study involves both doctrinal and non-doctrinal methods. It employs qualitative method using phenomenological research based on purposefully selected samples for interviews on the Malaysian regulatory framework for Islamic venture capital with a view to assessing its appropriateness for Nigeria. In the Nigerian context, the descriptive approach of doctrinal research is applied. The research findings reveal that the Malaysian model is appropriate for Nigeria. Nevertheless, the study also finds that the major constraints of Islamic venture capital in Nigeria are political will, regulatory requirements and poor infrastructures. However, there are some essential issues to be addressed in addition to legal and regulatory amendments for incorporating Islamic venture capital in particular and Islamic financial system in general. First, there must be political will to incorporate the principles of Islamic finance into the Nigerian financial system. Second, the right technical infrastructure for a sound and robust socio-economic environment that is conducive for venture capital, whether Islamic or conventional, is of paramount importance.

Sukuk Structures: Legal Engineering Under Dutch Law

Sukuk Structures: Legal Engineering Under Dutch Law
Author: Omar Salah
Publisher:
Total Pages: 0
Release: 2014
Genre: Finance
ISBN: 9789462363922

Sukuk is the Arabic name for financial certificates. Sukuk securities are structured to comply with Islamic law and its investment principles, which prohibit the charging or paying of interest. This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved. It explains the fundamentals of Islamic finance and analyzes Islamic contract, property, corporate, and finance law. The book describes how Islamic finance principles, such as riba (in short: prohibition on interest) and gharar (avoidance of contractual uncertainty), have contributed to the development of Islamic finance contracts. It examines the legal structure of sukuk transactions and the applicable Islamic finance rules, and it scrutinizes three main sukuk transactions (the sukuk al-musharaka, the sukuk al-murabaha, and the sukuk al-ijarah) under Dutch private law, mainly focusing on Dutch contract, property, insolvency, and corporate law. The book concludes that there are no legal obstacles to introducing Islamic finance in the Netherlands. Sukuk Structures: Legal Engineering under Dutch Law will be of interest to academics and practitioners in the field of banking and finance law.