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Book part
Publication date: 20 May 2019

Yaser Ahmed Fallatah, Abul Hassan Farooqi and Salah Al Shalhoob

This chapter highlights the variations of agency theory in the unique and complex context of Islamic banks in Saudi Arabia. The results provide an insight into agency structures…

Abstract

This chapter highlights the variations of agency theory in the unique and complex context of Islamic banks in Saudi Arabia. The results provide an insight into agency structures in the context of Islamic banking that may lead to trade-offs between shari'ah compliance and mechanisms for protecting the rights of investors. This empirical study finds that most of the surveyed Islamic banks appear to recognize the value of governance and have implemented some basic mechanisms. Certain flaws in governance pertaining to audit, control, and transparency were also noted. The situation gets worse in cases where the investment account holders do not have any representation on the board or any voice for control or monetary rights. Other peculiar models balancing the two key requirements may be effective regarding agency dynamics. This study should motivate the policy makers to tailor the regulations to safeguard the interests of all investors without violating the principles of shari'ah.

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Research in Corporate and Shari’ah Governance in the Muslim World: Theory and Practice
Type: Book
ISBN: 978-1-78973-007-4

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Book part
Publication date: 20 May 2019

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Research in Corporate and Shari’ah Governance in the Muslim World: Theory and Practice
Type: Book
ISBN: 978-1-78973-007-4

Book part
Publication date: 14 December 2018

Abu Umar Faruq Ahmad, Aishath Muneeza, Mohammad Omar Farooq and Rashedul Hasan

Sukuk restructuring primarily aims at offering a debtor more latitude, in form and time, to settle his obligations. To meet Shari’ah requirements of transferring assets to Sukuk…

Abstract

Sukuk restructuring primarily aims at offering a debtor more latitude, in form and time, to settle his obligations. To meet Shari’ah requirements of transferring assets to Sukuk holders in asset-based Sukuk, the originator usually transfers the beneficial ownership to the issuer special purpose vehicles (SPV). However, in asset-backed Sukuk, the originator sells the underlying asset to an SPV and Sukuk holders do not have recourse to the originator in the event of defaults. Among some key unresolved Shari’ah issues in this regard is whether a change of contract necessitates entering a new contract. Other related issues that conflict with the tenets of Shari’ah are: (1) Sukuk structuring on tangible assets and debts; (2) receiving the full title by the Sukuk holders to the underlying assets in the event of default in case of securities that are publicized as asset backed; (3) Sukuk’s similarity with interest bearing conventional bonds: (a) capital guarantee by the originator or third party, (b) the originators’ promise to repurchase Sukuk at face value upon their redemption, and (c) providing internal and external credit enhancement. The Shari’ah-compliance of the above-mentioned clauses and structures of Sukuk remain debated among the Shari’ah scholars. Based on some specific cases, this study examines the Shari’ah viewpoint on sukuk restructuring and potential solutions to these unresolved Shari’ah issues in light of the past and recent declaration of some Sukuk defaults as non-Shari’ah complaints. Undoubtedly, resolution of these and other unresolved issues pertaining to Sukuk defaults can help strengthen the confidence of investors in Islamic capital market structures.

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Management of Islamic Finance: Principle, Practice, and Performance
Type: Book
ISBN: 978-1-78756-403-9

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Book part
Publication date: 19 November 2018

Akilu Aliyu Shinkafi and Nor Aini Ali

Purpose – Entrepreneurship development has become a goal of many countries to achieve economic development. Islamic economics is concerned with marketing, trading, business and…

Abstract

Purpose – Entrepreneurship development has become a goal of many countries to achieve economic development. Islamic economics is concerned with marketing, trading, business and entrepreneurship activities. This chapter examines the role of entrepreneurship development in Islamic economics.

Methodology/approach – This chapter is purely theoretical in nature. Thus, the Glorious Qur’an, Hadith and other related documents are its major sources.

Findings – The discussion reveals that entrepreneurship development has the potential to promote economic growth and development, employment, self-reliance and national growth. The discussion identifies a lack of capital and financial support as a principal obstacle to the development of entrepreneurship and entrepreneurs. This chapter further reveals that the success of entrepreneurship development and other commercial activities requires organisation in terms of coordination, networking and sharing of resources, as well as cooperation between government, public sector, private sector and enterprise.

Originality/value –The chapter is original in its form and arrangement having emerged as a novel attempt and the first of its kind. The chapter has a pearl of value to the Islamic economists, entrepreneurs, academic circle, and all those who may consider it relevant for application in their desirable business and cherish the value of its standing.

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New Developments in Islamic Economics
Type: Book
ISBN: 978-1-78756-283-7

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Book part
Publication date: 9 June 2016

Marc Owen Jones

Here, we examine the challenges to democratization in Bahrain, with a particular focus on how the recent 2011 Uprising has resulted in a deepening of authoritarianism. It is…

Abstract

Here, we examine the challenges to democratization in Bahrain, with a particular focus on how the recent 2011 Uprising has resulted in a deepening of authoritarianism. It is argued that the recent unrest has brought into sharp relief the absence of “quality” democracy in Bahrain, and that any form of democratic transition is dependent on the will of a conservative Al Khalifa-Saudi nexus. While the pro-democracy movement may have prompted minor concessions on the part of the government, the extent of the popular mobilization triggered the Al Khalifa regime’s authoritarian reflex, and they have reacted to throttle the Uprising by putting in place legislative, ideological, and political barriers to reform, which points not only to a current de-democratization, but also a lack of future democratization. In addition to arguing for the post-2011 undoing of democracy in Bahrain, this paper also points to two major barriers to future democratization; (1) a conservative, post-Independence Al Khalifa-Saudi coalition assisted by large military resources (2) protracted communal tension brought about by the government’s instrumentalization of sectarianism.

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Protest, Social Movements and Global Democracy Since 2011: New Perspectives
Type: Book
ISBN: 978-1-78635-027-5

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Book part
Publication date: 28 January 2022

Issau Camacoza

The foreign intervention in Libya in 2011, legitimized by the Security Council Resolution 1973, whose veto is a privilege of solely five most powerful countries (at least from…

Abstract

The foreign intervention in Libya in 2011, legitimized by the Security Council Resolution 1973, whose veto is a privilege of solely five most powerful countries (at least from post-1945 war standpoint), not only reveals that same practice of the past still valid in international affairs today but also results in overthrowing Gaddafi regime, and most importantly in destabilizing a once stable nation, which can now be seen as a failing state.

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The Impact of Foreign Interventions on Democracy and Human Rights
Type: Book
ISBN: 978-1-80117-341-4

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Book part
Publication date: 20 January 2022

Sherin Kunhibava, Zakariya Mustapha, Aishath Muneeza, Auwal Adam Sa'ad and Mohammad Ershadul Karim

COVID-19 pandemic was a health crisis that plunged the world into economic turmoil due to its resultant national lockdowns across economies which brought business and market…

Abstract

COVID-19 pandemic was a health crisis that plunged the world into economic turmoil due to its resultant national lockdowns across economies which brought business and market activities to a standstill. In order to adapt to ensuing restrictions owing to the pandemic, forge ahead in a new way of living, work and interactions with one another (new normal), digitizing business and market operations is considered a necessary option. Sukuk is an essential Islamic capital market product whose operations involve multiple parties/intermediaries alongside some technical financial, administrative and legal/shariah processes. On this note, this chapter aims to study and examine the need for digitizing and automating sukuk operations and related activities to pave way for innovation, development and better continuity of sukuk market. In conducting the study, a review of literature approach is employed where relevant works on sukuk and fintech were examined. Using content analysis, the chapter explored digitization of sukuk in the Islamic capital market via fintech and blockchain and associated benefits, including peculiar challenges therein. An interview was also conducted to better understand the Wethaq case study. The chapter reveals that digitizing sukuk issuance adds value to sukuk and remedies certain inadequacies associated with sukuk transactions; can increase transparency of underlying sukuk assets and cash flows and can reduce costs due to lesser number of intermediaries. Digitization is the future of sukuk issuance and will promote sukuk well through the COVID-19 crisis and beyond.

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Towards a Post-Covid Global Financial System
Type: Book
ISBN: 978-1-80071-625-4

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Principles and Fundamentals of Islamic Management
Type: Book
ISBN: 978-1-78769-674-7

Book part
Publication date: 9 October 2019

Yusuf Sidani

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A Spring Aborted
Type: Book
ISBN: 978-1-78756-666-8

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Pedagogy in Islamic Education
Type: Book
ISBN: 978-1-78754-532-8

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