rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Differential approaches to Islamic banking
    sub title: identification of issues in prospect for harmonization
  name:
    name part: Khan, Inam Ullah
    role:
      role term: creator
    role:
      role term: author
  name:
    name part: International Islamic University Malaysia
    name part: Ahmad Ibrahim Kulliyyah of Laws
  genre: Theses, IIUM local
  origin info:
    place:
      place term: my
    date issued: 2012
  language:
    language term: eng
  physical description:
    extent: xv, 290 leaves : illustrations ;lc30cm.
  abstract: The research involves an analysis of the juristic differences between the scholars of Malaysia and Middle-East including Bahrain and Kuwait in the realm of Islamic banking. Disagreements exist in juristic views and rulings particularly between Malaysia and other governments. Debt financing is the central area where disagreements exist between the scholars of Malaysia and Middle-East. Broadly speaking, the Middle-Eastern scholars prohibit debt trading while the Malaysian scholars in official rulings permit it. The research will also look into the legal and regulatory aspects of the Islamic financial industry as the principles of the Islamic banks are alien to the existing legal structure applicable to the financial sector in general and to the banking sector in particular. The present research is an effort to look at the two divergent approaches from an Islamic jurisprudential perspective. It was revealed that usul al-fiqh has failed to stimulate ijtihad. Ijtihad is a central term with regard to law making in Islamic law. Nonetheless, ijtihad has been held responsible for making Islamic law un-systematic due to the lack of a standard application. A renowned modern jurist, Zaki Badawi has emphsised on the use of maqasid oriented approach to ijtihad for the development of Islamic financial system. The same approach has been suggested by Hashim Kamali, whereby he proposed the extension of the theory of maqasid to ijtihad. The issue of disagreement is very significant and has a far reaching impact on the Islamic banking industry worldwide. It can be said that disagreement is unavoidable, but at the same time, there exist a reconciliatory mechanism in Islamic law to harmonize different interpretations from jurisprudential perspective which is the central theme of the present research. However, the issue of disagreement could be resolved from either juristic or administrative perspectives or both. Harmonization of the different views amongst the scholars from the different…
  note: by Inam Ullah Khan
  note: "A thesis submitted in fulfilment of the requirement for the degree of Doctor of Philosophy in Law"-- On title page.
  note: Abstract in English and Arabic
  note: Thesis (Ph.D)-- International Islamic University Malaysia, 2012.
  note: Includes bibliographical references ( leaves 274-290).
  subject:
    geographic code: a-my---
  subject:
    topic: Banking law (Islamic law)
    geographic: Islamic countries
  subject:
    topic: Banks and banking
    topic: Religious aspects Islam
  classification: BPH344
  identifier: http://studentrepo.iium.edu.my/handle/123456789/1474
  record info:
    record content source: UIAMlbeng
    record creation date: 121017