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Article
Publication date: 1 April 2024

Ahmad Hidayat bin Md Nor, Aishath Muneeza and Magda Mohsin

This study aims to develop a comprehensive insolvency model tailored to Islamic banks, ensuring alignment with Shariah principles throughout pre-insolvency, bankruptcy and…

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Abstract

Purpose

This study aims to develop a comprehensive insolvency model tailored to Islamic banks, ensuring alignment with Shariah principles throughout pre-insolvency, bankruptcy and post-bankruptcy stages.

Design/methodology/approach

The research adopts a qualitative research method, using a desktop research approach. Primary sources and secondary sources are examined to gather information and draw conclusions.

Findings

This study presents a comprehensive insolvency model designed for Islamic banks, rooted in Shariah principles. The model covers pre-insolvency, bankruptcy (taflis) and post-bankruptcy stages, incorporating key Shariah parameters to ensure adherence to Islamic finance principles. It addresses challenges such as adapting to dynamic financial landscapes and varying interpretations of Shariah principles. Notably, the model recognizes the separate legal personality of Islamic banks and emphasizes transparency, fairness and compliance with religious obligations. In the post-bankruptcy stage, directors are urged to voluntarily settle remaining debts, aligning with ethical and Shariah-compliant standards.

Originality/value

The study contributes to the stability and growth of Shariah-compliant financial systems by extending insolvency principles to Islamic banks, providing a foundation for future research and policymaking specific to this context.

Details

International Journal of Law and Management, vol. 67 no. 1
Type: Research Article
ISSN: 1754-243X

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Book part
Publication date: 7 November 2024

Ziyaad Mahomed and Irum Saba

Increasing humanitarian disasters and the need for financial support – specifically within the Organization of Islamic Cooperation (OIC) countries – has forced global humanitarian…

Abstract

Increasing humanitarian disasters and the need for financial support – specifically within the Organization of Islamic Cooperation (OIC) countries – has forced global humanitarian agencies to consider alternative funding sources. The victims of disaster and those disadvantaged that remain below the poverty line in much of the OIC countries remain concerned about the source of the funding they receive, based on their beliefs. Furthermore, institutions responsible for managing the funding for Sustainable Development Goals (SDGs) targets in their respective countries have also been considering alternative funding. The World Bank and the Islamic Development Bank (IsDB) suggest that the Islamic social finance is largely untapped, with significant potentials for more effective collection and distribution of compulsory alms called zakah and endowments known as waqf within the OIC countries. This chapter assesses the current challenges and opportunities for the Islamic social finance and covers some of the successful cases of the Islamic social finance deployment. The authors review approaches where world-renowned institutions have applied interest-free loans for poverty reduction, banking products for agricultural social financing, the utilization of cross-border social funding for socio-economic development and property management using social finance principles. The authors also assess capital market instruments integrated with the Islamic social finance for managing SDG funding gaps.

Details

The Future of Islamic Finance
Type: Book
ISBN: 978-1-83549-907-8

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