Raja Madihah Raja Alias, Norhashimah Mohd Yasin, Badruddin Hj Ibrahim and Mohd Yazid Zul Kepli
Money laundering and terrorism financing are financial crimes which affect the economic stability and integrity of the country. In this respect, the relevant regulator has a duty…
Abstract
Money laundering and terrorism financing are financial crimes which affect the economic stability and integrity of the country. In this respect, the relevant regulator has a duty to preserve and protect the financial stability of the country. This duty is in line with the concept of the protection of wealth (hifz al-mal) under the maqāsid al-Sharīʿah or higher objectives of Islamic law framework. The objective of this chapter is to examine the protection of wealth vis-á-vis money laundering and terrorism financing from the maqāsid al-Sharīʿah perspective. This study analyses the primary and secondary legal sources on the laws and regulations on anti-money laundering and counter financing of terrorism while also considering the primary and secondary sources of Islamic law. This study is significant as it makes an exploration of the maqāsid al-Sharīʿah perspectives and discusses the position of unlawful wealth that is acquired from the illicit gain of property from the abuse of money laundering and the financing of terrorist activities. This chapter suggests that Islamic law emphasises on the lawful ownership of wealth and prohibits a person from acquiring illicit wealth. This study will contribute towards the study on the deployment of maqāsid al-Sharīʿah, which is beneficial in safeguarding an individual action as well as the country’s commitment against abuse and misuse of wealth for financial crimes.
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Jean‐François Thony and Cheong‐Ann Png
This paper seeks to examine the extent to which Financial Action Task Force (FATF) Special Recommendations and UN Security Council Resolutions on the financing of terrorism have…
Abstract
Purpose
This paper seeks to examine the extent to which Financial Action Task Force (FATF) Special Recommendations and UN Security Council Resolutions on the financing of terrorism have been implemented by countries and the legal issues relating to the implementation of these requirements.
Design/methodology/approach
It uses the findings from a review of the International Monetary Fund and the World Bank, which is based on a sample of 18 countries that were assessed on their compliance with the FATF 40 + 9 Recommendations (which include the FATF Special Recommendations and UN Security Council Resolutions 1267 and 1373) between March 2004 and August 2005.
Findings
It analyses the extent to which the FATF Special Recommendations and UN Security Council Resolutions 1267 and 1373 have been implemented, and in particular, the areas which countries have difficulties in complying fully with the requirements and related issues. It also discusses the difficulties with applying international law instruments such as UN Security Council Resolutions 1267 and 1373 where measures were aimed at non‐state actors and their assets, as well as the need for ensuring that persons affected by these measures have adequate legal recourses.
Originality/value
In countering the financing of terrorism, the paper discusses the design of a new international legal framework, which requires development of new concepts. It suggests that, by addressing the legal challenges created by these new concepts, the latter can be further refined, improved and strengthened.
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Cheong-Ann Png, Michael DeFeo and Tristram Hicks
This paper aims to share experience in the design and implementation of a two-year capacity development program for combating money laundering and financing of terrorism in…
Abstract
Purpose
This paper aims to share experience in the design and implementation of a two-year capacity development program for combating money laundering and financing of terrorism in Mongolia.
Design/methodology/approach
The paper reflects the experience of the authors in the design and implementation of the program with inputs from their counterparts in Mongolia.
Findings
The program outcomes and the level of collaboration are generally positive, and the authorities and the Asian Development Bank agreed on a two-year extension of the program to further the progress made.
Originality/value
The authors hope to share key reflections from the program for the purpose of other similar programs or studies in the field of combating money laundering and financing of terrorism.
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Fidèle Shukuru Balume, Jean-François Gajewski and Marco Heimann
This study aims to analyze the effect of cognitive load and social value orientation on managers’ preferences when they face with two types of restructuring choices in financially…
Abstract
Purpose
This study aims to analyze the effect of cognitive load and social value orientation on managers’ preferences when they face with two types of restructuring choices in financially distressed firms: the first belonging to the family of organizational restructuring (massive layoffs) and the second to the family of financial restructuring (debt increases).
Design/methodology/approach
The authors investigate experimentally the impact of managers’ cognitive load and social value orientation on the decision to restructure leveraged buyout (LBO) firms in financial distress by using either massive layoffs or debt increases.
Findings
By investigating the impact of managers’ cognitive load and social value orientation on the restructuring decision of an LBO firm in financial distress, the research reveals that, on average, cognitively loaded managers prefer massive layoffs over increased debt levels. The massive layoffs seemingly provide a relatively easier way to avoid conflict with influential, residual claimants. In contrast, social value–oriented managers actively avoid massive layoffs and prefer to increase debt.
Research limitations/implications
These results imply that the performance mechanisms emphasized to improve agency relations, for example, in LBOs, have their own limitations during periods of financial distress. This study shows that one of these limits is related to cognitive distortions and personality traits.
Originality/value
In this research, the originality lies in understanding how managers’ internal factors affect their restructuring decision-making, in the case of LBO firms in financial distress.