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Shariah parameters reconsidered

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  • Saiful Azhar Rosly
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    Abstract

    Purpose – The purpose of this paper is to explain three additional parameters, namely maqasid al-Shariah, financial reporting, and legal documentation of contract for determining Shariah legitimacy of financial instruments in Islamic financial institutions. Currently, contract ('aqd) is the only parameter recognized by Shariah scholars at the supervisory level. Design/methodology/approach – This analysis begins with examining the pitfalls of the contract approach and proceeds to present the maqasid, financial reporting and legal documentation approaches in ascertaining absolute Shariah compliant of financial products. Findings – The paper argues that the four approaches must be applied in package in determining Shariah compliant status to avoid costly errors that might lead to litigations and loss of competitiveness in the Islamic financing business. Originality/value – The paper provides new insights and integrated analysis of Shariah auditing where knowledge clusters concerning the Shariah, economics, finance and accountancy, and law are algamated to ascertain wholesome Shariah viewpoint.

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    Bibliographic Info

    Article provided by Emerald Group Publishing in its journal International Journal of Islamic and Middle Eastern Finance and Management.

    Volume (Year): 3 (2010)
    Issue (Month): 2 (June)
    Pages: 132-146

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    Handle: RePEc:eme:imefpp:v:3:y:2010:i:2:p:132-146

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    Related research

    Keywords: Contracts; Financial reporting; Islam; Legal action;

    References

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    1. Eichengreen, B., 2008. "Ten questions about the subprime crisis," Financial Stability Review, Banque de France, issue 11, pages 19-28, February.
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    Cited by:
    1. Christophe Godlewski & Rima Turk-Ariss & Laurent Weill, 2014. "What Influences Stock Market Reaction to Sukuk Issues? The Impact of Scholars and Sukuk Types," Working Papers of LaRGE Research Center 2014-03, Laboratoire de Recherche en Gestion et Economie (LaRGE), Université de Strasbourg (France).

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