Browse by Author "Syed Adam Alhabshi"
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- PublicationIntroducing the Shariah investment agreement: compatibility with common lawSyed Adam Alhabshi; Abbas Mirakhor; Mohd Na'im Mokhtar (INCEIF, 2016)
There is a misfit in applying multilayered and opaque tijarah contracts for investment purposes. Such misfit has contributed to the divergence between Shariah and Common Law and caused tremendous problems and systemic legal risks to Islamic finance. This dissertation introduces the Shariah Investment Agreement which is based on bay' and meant for investment purposes. It has been carefully drafted to ensure that it is Shariah compliant and can be applied in Common Law jurisdictions as well. It is intended to pave a clear route to harmonious convergence between Shariah and Common Law ...
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