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1 – 6 of 6The purpose of this paper is to discuss various situations in the Islamic financial services industry that are asserted to facilitate money laundering and the counter-arguments to…
Abstract
Purpose
The purpose of this paper is to discuss various situations in the Islamic financial services industry that are asserted to facilitate money laundering and the counter-arguments to the assertions.
Design/methodology/approach
The approach adopted by this paper is a review of literature and of several practices of Islamic financial institutions in a number of countries.
Findings
There is no evidence to support the contentions that Islamic financial institutions facilitate money laundering. Further, Islamic financial institutions are not any more susceptible to money laundering than conventional financial institutions are.
Originality/value
This paper demonstrates that Islamic financial institutions are not conduits for money laundering.
Details
Keywords
The purpose of this paper is to establish that financial crimes are unlawful (haram) in Islam and accordingly, the responsibilities of the Sharia's Supervisory Boards of Islamic…
Abstract
Purpose
The purpose of this paper is to establish that financial crimes are unlawful (haram) in Islam and accordingly, the responsibilities of the Sharia's Supervisory Boards of Islamic financial institutions include the prevention and control of financial crimes.
Design/methodology/approach
The paper presents an analogy (qiyas) of the injunctions in the Qur'an and Sunna.
Findings
Financial crimes are prohibited in Islam as much as, if not more than, their prohibition by temporal laws.
Practical implications
The responsibilities of the Shari'a Supervisory Boards in ensuring “Shari'a‐compliance” on the part of the Islamic financial institutions include a wider ambit. It includes the prevention and control of financial crimes.
Originality/value
The paper provides additional dimension to Sharia's governance framework for the Islamic financial services industry.
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Keywords
The purpose of this paper is to examine whether insider dealing is fraud from the perspective of Islam.
Abstract
Purpose
The purpose of this paper is to examine whether insider dealing is fraud from the perspective of Islam.
Design/methodology/approach
The paper uses analogy (qiyas) of the injunctions in the Qur'an and Sunnah and critical analysis of literature on Islam.
Findings
The paper finds that insider dealing is fraud (taghrir) in Islam and the defrauded party has the option to rescind the transaction for fraud (khiyar al‐tadlis) as well as for latent defect (khiyar al‐‘aib).
Practical implications
The paper is practical as a source of reference in legislating laws relating to insider dealing particularly where Shari'ah is the principal source of law.
Originality/value
The paper presents a novel attempt in establishing that insider dealing is fraud from the perspective of Islam.
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Keywords
The purpose of this paper is to examine corruption from the perspective of Islam.
Abstract
Purpose
The purpose of this paper is to examine corruption from the perspective of Islam.
Design/methodology/approach
The paper takes the form of a critical analysis of the primary sources of Islamic law and extant literature.
Findings
In Islam, corruption is vehemently condemned; the meaning and scope of corruption is wide; and Islamic internal constraint is a significant tool against corruption.
Practical implications
The paper suggests a manner by which Muslim countries may effectively combat corruption.
Originality/value
This paper contributes to a discourse on corruption from an Islamic perspective, which is currently lacking.
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The purpose of this paper is to analyse the criminalisation of money laundering, corporate criminal liability for money laundering, equitable liability of professional…
Abstract
Purpose
The purpose of this paper is to analyse the criminalisation of money laundering, corporate criminal liability for money laundering, equitable liability of professional intermediaries for money laundering and defence of disclosure from the perspective of Shari'ah.
Design/methodology/approach
The approach is to interpret and analogise the injunctions in the primary sources of Shari'ah, namely the Qur'an and Sunnah.
Findings
In Islam, money laundering can be classified as a criminal offence of ta'zir, corporations cannot be made criminally liable for money laundering, professional intermediaries can be made equitably liable for money laundering and defence of disclosure is acceptable.
Practical implications
Money laundering laws can be adopted with some modifications by Muslim jurisdictions where Shari'ah is the principal source of law.
Originality/value
The paper presents novel insights into the compatibility of money laundering laws with the principles of Shari'ah.
Details