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| 001 | BRILL9789004340749 | ||
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| 008 | 161114s2016 xx s 000 0 eng d | ||
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_a9789004340749 _q(electronic book) |
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_z9789004340275 _q(print) |
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_a10.1163/9789004340749 _2DOI |
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| 035 | _a(OCoLC)962552380 | ||
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_aNL-LeKB _cNL-LeKB _erda |
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| 050 | 4 |
_aHG5818 _b.N44 2016 |
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_aLB _2bicssc |
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_aLAW051000 _2bisacsh |
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| 082 | 0 | 4 | _a341 |
| 245 | 0 | 4 |
_aThe Negotiability of Debt in Islamic Finance : _bAn Analytical and Critical Study. |
| 264 | 1 |
_a[S.l.] : _bBrill Academic Pub, _c2016. |
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| 300 | _a1 online resource. | ||
| 336 |
_atext _btxt _2rdacontent |
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_acomputer _bc _2rdamedia |
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_aonline resource _2rdacarrier |
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| 490 | 0 | _aBrill research perspectives | |
| 506 | _aAvailable to subscribing member institutions only. | ||
| 520 | _aThe challenges posed by the non-liquidity and non-diversity of the Islamic debts market make the market an inefficient tool on contributing to Muslim economic growth. Islamic scholars and experts created sukuk as an Islamic debt instrument to avoid riba (usury), but the sukuk market (especially in the Gulf) still struggles with the prohibition of the trade of debt due to the prohibition of the two Fiqh Academies. Trading and securitizing debts should be permitted in Islamic law, with one condition, that the debt should be considered low risk. This new rule, the permissibility of trading debts, is supported by three Islamic legal bases, istishab, qiyas, and maslaha, which are recognized by all four Islamic schools of legal thought. Furthermore, permitting the trading of debts is more consistent with the principles and theories of Islamic law than is forbidding it. It is consistent with the obligations theory that debt is a personal right. It is consistent with the mal (property) theory that debt may be sold according to the three Islamic schools of legal thought, all of which consider debt as property. It is consistent with other modern Islamic financial transactions that are permitted by the two Fiqh Academies, such as tawarruq and murabaha. | ||
| 650 | 0 | _aSecurities (Islamic law) | |
| 650 | 0 | _aDebtor and creditor (Islamic law) | |
| 720 | _aAlmezeini, Abdulaziz Ahmed. | ||
| 776 | 0 | 8 |
_iPrint version: _tThe Negotiability of Debt in Islamic Finance: An Analytical and Critical Study _dLeiden, Boston : BRILL, 2016, _z9789004340275 |
| 830 | 0 | _aBrill Research Perspectives. | |
| 856 | 4 |
_zDOI: _uhttp://dx.doi.org/10.1163/9789004340749 |
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_c34255 _d34255 |
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