Publication:
Introducing the Shariah investment agreement: compatibility with common law
Abstract
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 ...
Keywords
Shariah investment agreement , Tijarah contract , Bay' , Islamic finance
Citation
Alhabshi, S. A. (2016). Introducing the Shariah investment agreement: compatibility with common law (Doctoral dissertation). INCEIF, Kuala Lumpur. Retrieved from https://ikr.inceif.org/handle/INCEIF/2407
Publisher
INCEIF
Available in downloadable format.