Browse by Author "Najeeb Zada"
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- PublicationDistress resolution in Islamic finance: issues, challenges and the way forwardNajeeb Zada; Ahcene Lahsasna; Muhammad Yusuf Saleem (2016)
The slides highlight the issue facing in Islamic finance industry, limited liability in Islamic law, and discussion and analysis of the study.
- PublicationIslamic finance insolvencies under secular bankruptcy laws: a case study of Arcapita Bank under US Chapter 11Najeeb Zada; Ahcene Lahsasna; Muhammad Yusuf Saleem; Ziyaad Mahomed (Palgrave Macmillan, 2017)
Like many other financial institutions, Bahrain-based Arcapita Bank operating in the United States was hit hard by the Eurozne crisis that followed the global financial crisis. Unable to restructure its $1.1 billion debt obligations due in March 2013, the bank decided to file for Chapter 11 protection in the US Bankruptcy Court. This case study introduces Arcapita and its operations, explains the US Chapter 11 and its important aspects like debtor in possession (DIP) financing, highlights the most significant episodes of the Arcapita case, and concludes with important lessons embedded in the proceedings. Available in physical copy only (Call Number: HG 3368 A6 I82Na)
- PublicationIssues and challenges in Islamic banking structures: the Malaysia experienceBeebee Salma Sairally; Najeeb Zada; Marjan Muhammad (ISRA, 2016)
Islamic finance operates under varied legal and regulatory frameworks in various jurisdictions that reflect differing regulatory approaches to the introduction and supervision of Islamic banks. This seems logical if viewed from the perspective that the countries where Islamic banks operate are not at the same level of development; some are advanced, a few have just embarked on their journey of introducing Islamic banking and finance, while others are somewhere in the middle. Thus, one should naturally expect that reaching a certain level of consensus in regulating and supervising Islamic banks will take considerable time. The current research looks into one area of contention in Islamic banking regulation. It explores the different types of Islamic banking structures that prevail in general while it specifically evaluates subsidiary Islamic banks of conventional banks versus full-fledged Islamic banking structures. The advantages and disadvantages of both structures are discussed, followed by an evaluation of the unique challenges posed by the combination of these two in the context of Malaysia.
- PublicationOn sukuk insolvencies: a case study of East Cameron partnerNajeeb Zada; Ahcene Lahsasna; Muhammad Yusuf Saleem (Palgrave Macmillan, 2016)
An effective and universally acceptable legal, regulatory, and insolvency framework for Islamic finance in general and sukuk in particular is currenly lacking. Of particular concern is the question of how a secular court may protect the rights of sukuk holders. East Cameron Partner (ECP) sukuk is an interesting case where many of issues in sukuk insolvencies have been highlighted. The current study is concerned with the background of ECP sukuk issuance, its insolvency, its filing for bankruptcy under Chapter 11 of the United States' Bankruptcy Code and the behaviour of the US bankruptcy court towards the issue of the ownership of the sukuk holders...
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