The derivation of Shariah risk in Islamic finance: a theoretical approach

Abstract

Purpose

This paper aims to propose a derivation of Shariah risk from both the Islamic finance theory and theory of contracts in Islamic law. Specifically, it deliberates the derivation of Shariah risk following the contracts validity and apprises the readers of the Shariah risk issues currently under debate.

Design/methodology/approach

This study reviews the relevant literature and presents an analysis of contract rulings through evidence derived from the Qur’an, Hadith and other secondary sources of Islamic law. Various theories of Islamic finance and Islamic law of contracts are identified, to examine the general principles and essential elements and conditions of a valid contract.

Findings

This analysis asserts that any circumstances that may render invalidity of the contract will trigger Shariah risk. More importantly, this paper highlights the implications of invalid contracts, based on the opinion of Hanafi jurists, who concluded that Shariah risk may be derived from any void or voidable contracts due to the failure of the contractual parties to comply with Shariah contractual obligations.

Research limitations/implications

This paper emphasises the derivation of Shariah risk over theoretical approaches. It does not include an explanation in the form of any empirical model.

Originality/value

This is the first study that contributes to the field of derivation of Shariah risk, based on the theory from the Islamic law of contracts.

Citation

Mohd Noor, N.S., Mohd. Shafiai, M.H. and Ismail, A.G. (2019), "The derivation of Shariah risk in Islamic finance: a theoretical approach", Journal of Islamic Accounting and Business Research, Vol. 10 No. 5, pp. 663-678. https://doi.org/10.1108/JIABR-08-2017-0112