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SHARIA ECONOMIC LAW REVIEW ON FOREX TRADING
This book is the proceedings of the 4th International Colloquium on Interdisciplinary Islamic Studies (ICIIS), which was held in conjunction with the 1st International Conference on Education, Science, Technology, Indonesian, and Islamic Studies (ICESTIIS) in Jambi, Indonesia, on 20-21 October 2021, using blended platforms, in person and online. The Graduate School of UIN Syarif Hidayatullah Jakarta and UIN Sulthan Thaha Saifuddin, Jambi jointly organized the conference. This conference brought together academic researchers, business professionals, and graduate students to share their experiences and research findings on a wide variety of topics related to interdisciplinary Islamic studies. The proceedings are comprised of 52 high-quality papers chosen from more than 250 submissions. Islam and medicine, Islamic education, Islamic studies, psychology, the Qur'an and Hadith, and science and technology are the six issues covered in the papers. This publication is made possible by the committed steering and organizing committees who oversaw and organized the conference, as well as the reviewers for their academic contributions and commitment to assessing papers.
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
This book bridges the gap between Islamic and conventional (micro)economics by demonstrating how modern tools and theories of microeconomics can be applied to Islamic assumptions regarding economics and finance. In contrast to the tendency for Islamic economics and finance proponents to use qualitative and normative approaches based on idealistic assumptions, this book demonstrates how one can instead construct analytical models of Islamic economics and finance and simply compare the implications with those predominant in today’s world. This book also offers extensive literature reviews demonstrating that for a long time, the gap between Islamic and conventional economics and finance is not as wide as previously thought, allowing those with an interest in both fields to participate more effectively and meaningfully in the ongoing discourse between the two fields. The authors conceptualize a general approach and apply it to basic consumer theory. More advanced microeconomic ideas are then discussed, culminating in demonstrations of how contract theory can facilitate a deeper analysis and appreciation of Islamic financial securities. A wide spectrum of academic literature on both Islamic and conventional economics and finance is drawn upon to facilitate a better appreciation for both fields and to inspire future works comparing the two in a more objective manner.
Sharia-compliance is the raison d’etre of Islamic banks. All of their instruments and activities should be based on sharia principles, which unfortunately exposes them to greater risks than their conventional counterparts, regulated under the dual banking system in Indonesia. These include inconsistencies between fatwas, unique reputational risks, and inefficiencies in the regulatory framework governing Islamic banks. This book critically examines the less-studied issue of developing an Islamic banking regulatory and supervisory framework that considers the risk pressures faced by Islamic banks’ operations in an Indonesian financial sector dominated by conventional banks. The book assesses the extent to which the global financial standards of the Basel Accords have been followed by Islamic Banks in Indonesia, with respect to their regulation, supervision, and risk management, to highlight the unresolved tensions in the multiple regulatory and supervisory institutions. The book proposes a middle-ground approach that accommodates modification of the existing financial regulatory and supervisory system in line with international best practice. The reforms proposed in this book offer a way for financial regulatory and supervisory agencies to further develop modern Islamic law and finance. The book will be a valuable resource for scholars and policymakers interested in the dual banking system in Indonesia.
This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.
This monograph explores some of the conceptual questions which underpin the legal disputes which arise in relation to equality and discrimination. Among these are questions about the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination; symmetrical and asymmetrical approaches to equality/non-discrimination; the role of comparators in discrimination/equality analysis; the selection of protected characteristics and the proper sphere of statutory and constitutional protections, and the scope for and regulation of potential conflicts between protected grounds. The author engages with domestic, EU and ECtHR case law as well as with wider international approaches.