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Shari'ah Non-compliance Risk Management and Legal Documentations in Islamic Finance
A comprehensive guide to one of the key risk management issues in the expanding field of Islamic finance
For Islamic financial institutions, Sharia non-compliance is a growing and key risk that must be carefully managed. This book offers a thorough look at non-compliance risk and explains the legal documentation necessary to ensure compliance for professionals in the Islamic finance industry. In addition, the book offers helpful guidance and understanding for the legal departments of Islamic financial institutions, as well as lawyers, legal firms, Shariah advisors, Shariah officers, and students studying Islamic finance. The book covers fundamental concepts, major risk elements, tools and techniques for identifying non-compliance, legal documentation, and the impact of non-compliance, among other vital topics. Offers comprehensive coverage of the growing field of non-compliance risk management in Islamic finance Includes in-depth coverage of legal documentation Written by an expert on the topic who teaches at INCEIF, The Global University for Islamic Finance and IIUM, International Islamic University of Malaysia in Malaysia
From the Inside Flap
Sharī`ah non-compliance risk is a unique aspect of Islamic finance. But it is still in its early stages and not much has been written about it. In response to this gap, Sharī`ah Non-Compliance Risk Management and Legal Documentations in Islamic Finance is the first book on the market to offer comprehensive coverage of this emerging area of Islamic finance. Written by an expert in Islamic law and Islamic jurisprudence, the book explains the entire legal department of the Islamic financial institution including the lawyer, the legal firm, the Sharī`ah advisor, and the Sharī`ah officer. It also includes essential information for students of Sharī`ah law.
The book focuses specifically on Sharī`ah non-compliance risk as it pertains to Islamic finance, and discusses tools and techniques to manage it as well as the principles required to mitigate it. It also offers strategies for eliminating this risk through proper legal documentation in Islamic banking facilities.
Dr. Lahsasna presents a research-based approach that moves from a discussion of the overall concept of Sharī`ah non-compliance risk, to real-world studies of this risk as it presents itself in Islamic banking and finance, to the specific tools and instruments to help identify and mitigate areas of non-compliance. His methods help readers fully understand Sharī`ah non-compliance, particularly in regards to legal documents and contracts. They can then put this knowledge to use in their own financial and banking institutions to help prevent common problems.
With a broad look at current Sharī`ah requirements together in a single book, Sharī`ah Non-Compliance Risk Management and Legal Documentations in Islamic Finance is the only resource lawyers, judges, legal firms, Sharī`ah scholars, Sharī`ah advisors, and law students need to fully understand this segment of the Islamic finance market.
From the Back Cover
Sharīah Non-Compliance Risk Management and Legal Documentation in Islamic Finance
""Sharīah Non-Compliance Risk Management and Legal Documentation in Islamic finance" provides an in-depth explanation on how "Sharīah" non-compliance risk should be understood and prudently managed within the Islamic financial institution to ensure proper compliance in theory, practice, and operation. The book offers help in understanding the legal documentation, the areas of risk along with some important "Sharīah" and legal aspects considered for drafting legal documentation for products and services. In addition, the book offers helpful guidance and understanding for the legal departments of Islamic financial institutions, as well as lawyers, "Sharīah" advisors, "Sharīah" officers, and students studying Islamic finance. The book will be a significant contribution to the market and a useful reference for the Islamic finance industry in the area of "Sharīah" non-compliance risk management and legal documentation." --Daud Vicary Abdullah, President & CEO, International Center for Education in Islamic Finance
"This book is a welcome addition to the growing literature on the rapidly developing Islamic financial system. Elimination of riba is not the only criterion for "Sharīah"-compliance. Many other factors need to be considered. A holistic approach must be adopted and the risks of non-compliance are grave, for the validity of the transaction and the legitimacy of the income will be in question. All these are clearly explained in the book which also discusses the 2013 Malaysian IFSA and documentation requirements. It should find a place on all Islamic banking practitioners' desks, from the Directors to risk managers, auditors, "Sharīah" committee members and lawyers. Academia and students will find it illuminating." --Mohamed Ismail Shariff, Advocate & Solicitor Adjunct Professor, INCEIF
"The book is a very good and useful addition to the literature of Islamic Finance. It offers both academicians and practitioners substantial exposure on "Sharīah" non-compliance risk along with legal documentations, an area that is becoming increasingly crucial in Islamic Finance, and provides an in-depth explanation on how "Sharīah" non-compliance risk should be understood and prudently managed to ensure proper compliance in theory, practice, and operation. It also gives readers an opportunity to understand the risks associated with drafting legal documentation for products and services to ensure "Sharīah" rules and principles are preserved and implemented." --Datuk Dr Syed Othman Alhabshi, Chief Academic Officer, INCEIF
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