The Negotiability of Debt in Islamic Finance

Name: The Negotiability of Debt in Islamic Finance
Price: 185.30 AUD
Availability: OutOfStock
ISBN: 9789004340275

An Analytical and Critical Study

Abdulaziz Ahmed Almezeini

$231.95 $185.30

Paperback

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English

Brill
19 January 2017

Financial reporting, financial statements; Finance; Public international law

Series: Brill Research Perspectives in International Banking and Securities Law

The challenges posed by the non-liquidity and non-diversity of the Islamic debts market make the market an inefficient tool on contributing to Muslim economic growth. Islamic scholars and experts created sukuk as an Islamic debt instrument to avoid riba (usury), but the sukuk market (especially in the Gulf) still struggles with the prohibition of the trade of debt due to the prohibition of the two Fiqh Academies. Trading and securitizing debts should be permitted in Islamic law, with one condition, that the debt should be considered low risk. This new rule, the permissibility of trading debts, is supported by three Islamic legal bases, istishab, qiyas, and maslaha, which are recognized by all four Islamic schools of legal thought. Furthermore, permitting the trading of debts is more consistent with the principles and theories of Islamic law than is forbidding it. It is consistent with the obligations theory that debt is a personal right. It is consistent with the mal (property) theory that debt may be sold according to the three Islamic schools of legal thought, all of which consider debt as property. It is consistent with other modern Islamic financial transactions that are permitted by the two Fiqh Academies, such as tawarruq and murabaha.

By: Abdulaziz Ahmed Almezeini
Imprint: Brill
Dimensions: Height: 235mm, Width: 155mm, Spine: 5mm
Weight: 165g
ISBN: 9789004340275
ISBN 10: 9004340270
Series: Brill Research Perspectives in International Banking and Securities Law
Pages: 96
Publication Date: 19 January 2017
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Abdulaziz A. Almezeini, SJD (PHD in Law) 2015, Georgetown University Law center, is an Assistant professor at the Higher Judicial Institute, Al-Imam Muhammad Ibn Saud University, Riyadh. He has published several articles in Saudi Arabia, such as ""The Legal Mind in American Universities"" and ""Democracy in Corporate Law"".