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Law and Islamic finance: How legal origins affect Islamic finance development?

Author

Listed:
  • Rihab Grassa
  • Kaouthar Gazdar

Abstract

Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law) could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population) had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.

Suggested Citation

  • Rihab Grassa & Kaouthar Gazdar, 2014. "Law and Islamic finance: How legal origins affect Islamic finance development?," Borsa Istanbul Review, Research and Business Development Department, Borsa Istanbul, vol. 14(3), pages 158-166, September.
    • Handle: RePEc:bor:bistre:v:14:y:2014:i:3:p:158-166
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    Citations

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    Cited by:

    1. Mohsin Ali & Nafis Alam & Mudeer Ahmed Khattak & Wajahat Azmi, 2022. "Bank Risk-Taking and Legal Origin: What Do We Know about Dual Banking Economies?," JRFM, MDPI, vol. 15(5), pages 1-13, May.
    2. Wen, Jun & Zhang, Sen & Chang, Chun-Ping, 2022. "Legal origins and innovation: Global evidence," Technological Forecasting and Social Change, Elsevier, vol. 174(C).
    3. Ahmed Rufai Mohammad & Mohamad Helmi Bin Hidthiir & Alias Bin Mat Nor, 2019. "Impact of Corruption on Banking Sector Stability: Evidence from Middle East and North African Countries," Academic Journal of Economic Studies, Faculty of Finance, Banking and Accountancy Bucharest,"Dimitrie Cantemir" Christian University Bucharest, vol. 5(2), pages 125-132, June.
    4. Ghosh, Saibal, 2018. "Governance reforms and performance of MENA banks: Are disclosures effective?," Global Finance Journal, Elsevier, vol. 36(C), pages 78-95.

    More about this item

    Keywords

    Legal origin; Islamic financial development; Shari'a Law;
    All these keywords.

    JEL classification:

    • G2 - Financial Economics - - Financial Institutions and Services
    • K2 - Law and Economics - - Regulation and Business Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • O16 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Financial Markets; Saving and Capital Investment; Corporate Finance and Governance
    • P5 - Political Economy and Comparative Economic Systems - - Comparative Economic Systems

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