
Islamic Finance: Law, Economics, and Practice
by Mahmoud A. El-Gamal-
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Summary
Author Biography
Table of Contents
List of Illustrations | p. x |
Preface | p. xi |
Glossary and Transliteration | p. xv |
Introduction | p. 1 |
Finance without Interest? | p. 2 |
Distinguishing Features of Islamic Finance | p. 7 |
Prohibition-Driven Finance | p. 8 |
Jurists, Shari'a Boards, and Innovation | p. 11 |
Lawyers and Regulatory Arbitrage | p. 13 |
Islamic Transactions Law as Common Law | p. 15 |
Precedents, Analogies, and Nominate Contracts | p. 17 |
Tradeoff between Efficiency and Legitimacy | p. 20 |
Limits and Dangers of Shari'a Arbitrage | p. 21 |
Risk of Mispricing | p. 22 |
Legal and Regulatory Risks | p. 23 |
Jurisprudence and Arbitrage | p. 26 |
Islamic Law and Jurisprudence | p. 27 |
The Canon: Qur'an, Tradition, and Consensus | p. 27 |
Juristic Inference (Ijtihad) and Benefit Analysis | p. 28 |
From Classical to Contemporary Jurisprudence | p. 30 |
Jurisprudence, Revival, and Codification | p. 31 |
Institution of Fatwa and Islamic Finance | p. 32 |
Arbitraging Classical Jurisprudence | p. 35 |
Shari'a-Arbitraging Classical Property Law | p. 36 |
Arbitraging Classical Contract Conditions | p. 42 |
Arbitrage, Ruses, and Islamic Finance | p. 44 |
Two Major Prohibitions: Riba and Gharar | p. 46 |
The Prohibition of Riba | p. 49 |
Canonical Texts on Riba | p. 49 |
Economic Substance of the Prohibition of Riba | p. 52 |
The Prohibition of Gharar | p. 58 |
Definition of Gharar | p. 59 |
Economic Substance of Prohibition | p. 60 |
Insurance and Derivatives | p. 61 |
Bundled vs. Unbundled Credit and Risk | p. 62 |
Sale-Based Islamic Finance | p. 64 |
Basic Rules for Sales | p. 65 |
Trust Sales: Murabaha, Tawliya, Wadi'a | p. 67 |
Currency Exchange (Sarf) | p. 68 |
Same-Item Sale-Repurchase ('Ina) | p. 70 |
Same-Item Trading in 'Ina and Tawarruq | p. 70 |
Custody Sale (Bay' Al-'uhda) and Sukuk Al-ijara | p. 73 |
Cost of Funds: Interest-Rate Benchmarks | p. 74 |
Opportunity Cost for Conventional Fund Providers | p. 75 |
Viability of Islamic Benchmark Alternatives | p. 77 |
Derivative-Like Sales: Salam, Istisna', and 'Urbun | p. 81 |
Prepaid Forward Sale (Salam) | p. 81 |
Parallel Salam | p. 83 |
Conventional and Synthesized Forwards | p. 86 |
Commission to Manufacture (Istisna') | p. 90 |
Down-Payment Sale ('Urbun) | p. 91 |
'Urbun as Call Option | p. 92 |
Leasing, Securitization, and Sukuk | p. 97 |
General Lease Conditions | p. 97 |
Flexible-Rate Financing | p. 100 |
Subleasing, Repairs, and Insurance Costs | p. 100 |
Asset-Backed Securities | p. 102 |
Leasing and Securitization | p. 102 |
Receivable Securitization and Sale of Debt | p. 104 |
Bundling Asset-Based and Debt-Based Securities: A Paradox | p. 106 |
Asset-Backed Leasing Bonds (Sukuk) | p. 107 |
Credit-Rating Issues | p. 108 |
Reward Pledges and Gifts Revisited | p. 110 |
Usufruct Sukuk | p. 113 |
Sukuk Al-Salam | p. 114 |
Partnerships and Equity Investment | p. 117 |
Classical Types of Partnership | p. 117 |
Silent Partnership: Theoretical Workhorse of Islamic Finance | p. 120 |
Valid and Defective Silent Partnerships | p. 122 |
Common-Stock Ownership | p. 123 |
"Islamic Screens" and Their Shortcomings | p. 125 |
Cleansing Returns | p. 133 |
Positive Screens and the Islamic Brand Name | p. 134 |
Islamic Financial Institutions | p. 135 |
Banking and Islamic Banking | p. 137 |
Theoretical Structure: Two-Tier Silent Partnership | p. 138 |
Deposits vs. Loans: Trust and Guaranty | p. 144 |
Insurance and Takaful | p. 147 |
Two Sides of the Two Debates | p. 151 |
Shari'a Arbitrage vs. Islamic Prudential Regulation | p. 152 |
Generic Agency Characterization of Financial Institutions | p. 153 |
Governance and Regulatory Solutions in Mutuality | p. 162 |
Rent-Seeking Shari'a Arbitrage and Absence of Mutuality | p. 163 |
Potential for Mutuality in Islamic Banking | p. 166 |
Need for Mutuality in Takaful | p. 170 |
A Call for Mutuality in Banking and Insurance | p. 171 |
Mutuality in Banking | p. 172 |
Mutuality in Insurance | p. 173 |
Beyond Shari'a Arbitrage | p. 175 |
Shari'a Arbitrage and Criminal Finance | p. 176 |
Shari'a Arbitrage at the Limit | p. 177 |
Benchmarking ad Absurdum | p. 178 |
Hedge-Fund Instruments - Shari'a-Arbitrage Style | p. 180 |
Self-Destructiveness of Shari'a Arbitrage | p. 181 |
Declining Shari'a-Arbitrage Profit Margins | p. 182 |
Dilution of the "Islamic" Brand Name | p. 183 |
Toward a New Islamic Finance Identity | p. 184 |
Macroeconomic Substance: Privatization Sukuk | p. 185 |
Mosque-Based Network of Financial Mutuals | p. 186 |
Positive Screens, Ethical Investment | p. 188 |
Conclusion | p. 190 |
Notes | p. 193 |
Bibliography | p. 213 |
Index | p. 219 |
Table of Contents provided by Ingram. All Rights Reserved. |
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