Book contents
- Frontmatter
- Contents
- List of Illustrations
- Preface
- Glossary and Transliteration
- 1 Introduction
- 2 Jurisprudence and Arbitrage
- 3 Two Major Prohibitions: Riba and Gharar
- 4 Sale-Based Islamic Finance
- 5 Derivative-Like Sales: Salam, Istisna', and 'Urbun
- 6 Leasing, Securitization, and Sukuk
- 7 Partnerships and Equity Investment
- 8 Islamic Financial Institutions
- 9 Governance and Regulatory Solutions in Mutuality
- 10 Beyond Shari'a Arbitrage
- Conclusion
- Notes
- Bibliography
- Index
Preface
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- List of Illustrations
- Preface
- Glossary and Transliteration
- 1 Introduction
- 2 Jurisprudence and Arbitrage
- 3 Two Major Prohibitions: Riba and Gharar
- 4 Sale-Based Islamic Finance
- 5 Derivative-Like Sales: Salam, Istisna', and 'Urbun
- 6 Leasing, Securitization, and Sukuk
- 7 Partnerships and Equity Investment
- 8 Islamic Financial Institutions
- 9 Governance and Regulatory Solutions in Mutuality
- 10 Beyond Shari'a Arbitrage
- Conclusion
- Notes
- Bibliography
- Index
Summary
In recent years, financial activities conducted under the banner of “Islamic finance” have grown significantly in volume and scope, attracting significant attention worldwide. Numerous books and articles have been published on the topic over the past few decades. Their genres have ranged from highly religious treatises on Islamic law and worldview to highly practical surveys of the latest Islamic financial products to reach the market. Why, one must ask, should one read – let alone write – another book on the subject?
This book provides a qualitative overview of the practice of Islamic finance and the historical roots that have defined its modes of operation. The purpose of the book is not to survey the latest developments in this fast-growing industry. In the current information age, such information is best obtained on the Internet, since it requires updating at rates far exceeding the publication cycles of books and journal articles.
The focus of this book is analytical and forward-looking. I show that, despite the good intentions of its pioneers, Islamic finance has placed excessive emphasis on contract forms, thus becoming a primary target for rent-seeking legal arbitrageurs. In every aspect of finance – from personal loans to investment banking, and from market structure to corporate governance of financial institutions – Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions.
This supposed Islamization of contemporary financial practice is accomplished by means of modified premodern financial contracts (such as sales, leases, and simple partnerships).
- Type
- Chapter
- Information
- Islamic FinanceLaw, Economics, and Practice, pp. xi - xivPublisher: Cambridge University PressPrint publication year: 2006