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Full Description
Law and regulation are becoming increasingly important in any discourse involving the Islamic financial services industry. This important aspect comprises both the legal and Sharīʿah aspects from the pre-contract stage up to the post-execution phase, and even post-contract termination phase.
Emerging Issues in Islamic Finance Law and Practice in Malaysia focuses on emerging legal, Sharī'ah and regulatory issues in the Islamic finance industry in Malaysia. Through the lens of the Malaysian legal framework, financial experts Umar A. Oseni, M. Kabir Hassan, and Rusni Hassan and their expert contributors raise and discuss issues that cut across borders and, as such, can be transposed to other Islamic finance jurisdictions. With the different perspectives and approaches adopted by various chapters, Emerging Issues is specifically designed to meet the needs of academics and practitioners of Islamic finance law to provide general legal and Sharīʿah guidance on the emerging issues identified.
In Emerging Issues, Oseni, Hassan and Hassan provide rigorous research for curious minds who seek to ascertain the position of Islamic law on certain new issues, such as the application of Fintech in Islamic finance and the regulation of digital currencies. Readers will also benefit from the case studies included, which are based on the Malaysian legal and Sharīʿah framework since Malaysia is generally considered a model for other Islamic finance jurisdictions.
Contents
PART I: INTRODUCTION 1. Introduction: Revisiting the Confines and Significance of Islamic Finance Law; Umar A. Oseni, Kabir Hassan, Rusni Hassan
PART II: WEALTH AND CONSUMER PROTECTION
2. Dealing with Unlawful Sources of Funds Among Islamic Banks in Malaysia: The Practitioners' Perspectives; Badruddin Hj Ibrahim, Marhanum Che Mohd Salleh, Azizah Mohd & Muhammad Laeba
3. The Objectives of Shariah in Nomination for The Payment of Family Takaful Benefits; Safinar Salleh, Akmal Hidayah Halim, Uzaimah Ibrahim & Mohamad Asmadi Abdullah
4. Creating Security to Finance Waqf Property Development in Malaysia: Issues and Solutions; Sharifah Zubaidah Syed Abdul Kader & Nor Asiah Mohamad
5. Hisbah as a Consumer Protection Institution in Malaysia: A Special Reference to the Islamic Consumer Credit Industry; Rusni Hassan & Ibtisam Ilyana Ilias
PART III: REGULATORY COMPLIANCE AND LEGAL DOCUMENTATION
6. The Role of Financial Regulator in Protecting Banking Consumers from Unfair Contract Terms: The Case of Malaysian Islamic Banks; Noor Mahinar Abu Bakar, Norhashimah Mohd Yasin, Siti Salwani Razali & Ng See Teong
7. Effects of Anti-Money Laundering and Anti-Terrorism Law on Innovation of Mobile Payment Systems in Malaysia; Suhaimi Mhd Sarif, Ainul Jaria Maidin, Jamaludin Ibrahim & Abdul Rahman Ahmad Dahlan
8. Combating Money Laundering and Terrorism Financing: Perspectives from Maqāsid al-Sharī'ah; Raja Madihah Raja Alias, Norhashimah Mohd Yasin, Badruddin Hj Ibrahim & Mohd Yazid Zul Kepli
9. Islamic Banks and Money Laundering in Malaysia: A Legal Compliance Perspective; Norhashimah Mohd Yasin, Nik Nuun Asma Nik Sulaiman & Mohd Yazid ZulKepli
10. Legal Issues in Sharī'ah-Compliant Home Financing in Malaysia: A Case Study of a Bai Bithaman Ājil Contract; Umar A. Oseni, Mohd Fairullazi Ayob & Khairuddin Abdul Rashid
11. Procedural Laws Governing Event of Default in Islamic Financing in Malaysia: Issues and Challenges; Syuhaeda Aeni Mat Ali, Rusni Hassan & Ahmad Azam Othman
PART IV: FINTECH AND BLOCKCHAIN TECHNOLOGY
12. Fintech and the Transformation of the Islamic Finance Regulatory Framework in Malaysia; Ho Wen Hui, Azwina Wati Abdull Manaf & Asfarina Kartika MohdShakri
13. Fintech and Its Impact on Islamic Fund Management in Malaysia: A Legal Viewpoint; Surianom Miskam, Abdul Monir Yaacob & Romzie Rosman
14. Cryptocurrency and Anti-Money Laundering Laws: The Need for An Integrated Approach; Mohd Yazid Zul Kepli & Sonny Zulhuda
15. Regulating Digital Currency: Taming the Unruly Horse?; Syed Fadhil Hanafi & Syed A Rahman
