The Legal And Regulatory Aspects Of Islamic Banking

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The Legal and Regulatory Aspects of Islamic Banking

Author : Abdul Karim Aldohni
Publisher : Routledge
ISBN 13 : 1136703152
Total Pages : 262 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis The Legal and Regulatory Aspects of Islamic Banking by : Abdul Karim Aldohni

Download or read book The Legal and Regulatory Aspects of Islamic Banking written by Abdul Karim Aldohni and published by Routledge. This book was released on 2012-05-23 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last ten years the Islamic banking sector has grown rapidly, at an international level, as well as in individual jurisdictions including the UK. Islamic finance differs quite substantially from conventional banking, using very different mechanisms, and operating according to a different theory as it is based on Islamic law. Yet at the same time it is always subject to the law of the particular financial market in which it operates. This book takes a much-needed and comprehensive look at the legal and regulatory aspects which affect Islamic finance law, and examines the current UK and international banking regulatory frameworks which impact on this sector. The book examines the historical genesis of Islamic banking, looking at how it has developed in Muslim countries before going on to consider the development of Islamic banking in the UK and the legal position of Islamic banks within English law. The book explores company, contract, and some elements of tax law and traces the impact it has had on the development of Islamic banking in the UK, before going on to argue that the current legal and regulatory framework which affects the Islamic banking sector has on certain occasions had an unintended adverse impact on Islamic banking in the UK. The book also provides an overview of the Malaysian experience in relation to some of the main legal and regulatory challenges in the context of Islamic banking and finance.

Legal and Regulatory Aspects of Islamic Banking in Sri Lanka

Author : S. M. M. Nafees
Publisher :
ISBN 13 : 9780648152149
Total Pages : pages
Book Rating : 4.1/5 (521 download)

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Book Synopsis Legal and Regulatory Aspects of Islamic Banking in Sri Lanka by : S. M. M. Nafees

Download or read book Legal and Regulatory Aspects of Islamic Banking in Sri Lanka written by S. M. M. Nafees and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal and Regulatory Aspects of Islamic Banking in Sri Lanka. This book explores the viability of Islamic banking system and how this helps to build up a strong financial position in the world.

Islamic Banking Regulation and Supervision

Author : Mr.In Song
Publisher : International Monetary Fund
ISBN 13 : 1498319270
Total Pages : 42 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis Islamic Banking Regulation and Supervision by : Mr.In Song

Download or read book Islamic Banking Regulation and Supervision written by Mr.In Song and published by International Monetary Fund. This book was released on 2014-12-12 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing presence of Islamic banking needs to be accompanied by the development of effective regulation and supervision. This paper examines the results of the survey conducted by the International Monetary Fund to document international experiences and country practices related to legal and prudential frameworks governing Islamic banking activities. Although a number of countries have made considerable progress in creating legal, regulatory, and supervisory frameworks that accommodate Islamic banking, there are substantial differences. This paper also identifies a number of challenges faced by regulatory and supervisory agencies regarding Islamic banking.

The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance

Author : Humayon A. Dar
Publisher : Harriman House Limited
ISBN 13 : 0857192000
Total Pages : 281 pages
Book Rating : 4.8/5 (571 download)

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Book Synopsis The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance by : Humayon A. Dar

Download or read book The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance written by Humayon A. Dar and published by Harriman House Limited. This book was released on 2012-01-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unprecedented economic growth and wealth accumulation in predominately Muslim countries have prompted many financial institutions in the US and Europe to position their investment teams across the Middle East and Asia to be closer to the markets in which they invest, and to take advantage or asset-gathering opportunities. This growth has also encouraged an increasing number of western industrialised countries to adopt legislation that responds to the requirements of the Musli investment community. To be effective in these markets it is essential that professionals have an understanding of how Shari'a legal principles are applied in the financial sector. Failure to do so exposes them and their clients to potential financial, legal and reputational pitfalls. The Chancellor Guide to the Legal and Shari'a Aspects of Islamic Finance is the first professional reference to focus specifically on the legal dimension of Islamic Finance. The guide brings together nineteen Islamic Finance legal practitioners and advisers to provide a comprehensive yet practical legal perspective on the subject. Each contributor draws on several years' hands-on experience in Islamic Finance product development and advice to leading financial institutions to provide a real-world, contemporary assessment of the key legal issues in Islamic Finance. The guide's hands-on approach and accessible style make it required reading for everyone with a professional interest in Islamic Finance, be they lawyers, accountants, regulators, bankers or investors. It is also a unique reference for academic institutions worldwide.

Islamic Finance

Author : Syed Nazim Ali
Publisher : Debolsillo
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Islamic Finance by : Syed Nazim Ali

Download or read book Islamic Finance written by Syed Nazim Ali and published by Debolsillo. This book was released on 2005 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islamic Finance

Author : Wim Decock
Publisher :
ISBN 13 : 9781780686196
Total Pages : 0 pages
Book Rating : 4.6/5 (861 download)

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Book Synopsis Islamic Finance by : Wim Decock

Download or read book Islamic Finance written by Wim Decock and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the tensions between the religious and legal principles of Islamic finance and Islamic banking in practice. It does not limit itself to a legal discussion and presents a truly interdisciplinary and intercultural dialogue between lawyers, theologians, and economists with roots in academia and practice. There is considerable divergence in their evaluation of the status quo and future of Islamic finance.Contributions cover aspects of Islamic finance in theory and practice. It provides insights into the interplay of religion, ethics and finance covering both the Islamic and Christian traditions that sets the scene for Islamic finance in practice: economic technicalities of Islamic banking services, its regulatory aspects, and the complex legal arrangements of Islamic finance in non-Muslim-majority countries. Islamic Finance is a truly international collaboration of outstanding scholars and practitioners in their field that reveals the complexities involved in applying religious principles and legal theory to the daily practice of business and finance.

Legal, Regulatory and Governance Issues in Islamic Finance

Author : Rodney Wilson
Publisher : Edinburgh University Press
ISBN 13 : 0748645063
Total Pages : 256 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Legal, Regulatory and Governance Issues in Islamic Finance by : Rodney Wilson

Download or read book Legal, Regulatory and Governance Issues in Islamic Finance written by Rodney Wilson and published by Edinburgh University Press. This book was released on 2012-07-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Iran, where all banking is Shari'ah compliant, to Malaysia and the gulf, where Islamic financial institutions compete with conventional banks, Rodney Wilson examines how Islamic financial institutions are licensed and governed by common and civil law. Covering Islamic banks, takaful operators, fund management and Shari'ah-compliant securities, it examines how their assets and liabilities differ from their conventional counterparts and what the implications are for risk management.

Risk and Regulation of Islamic Banking

Author : Mervyn K Lewis
Publisher : Edward Elgar Publishing
ISBN 13 : 1783476133
Total Pages : 335 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Risk and Regulation of Islamic Banking by : Mervyn K Lewis

Download or read book Risk and Regulation of Islamic Banking written by Mervyn K Lewis and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expert contributors examine why an ethical foundation is important and why the system requires well-thought-out regulations to ensure outcomes that protect the community�s well-being. The volume explores in detail the nature of Islamic banking prod

Regulation and Supervision of Islamic Banks

Author : Aledjandro Lopez Mejia
Publisher : International Monetary Fund
ISBN 13 : 1498361595
Total Pages : 33 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis Regulation and Supervision of Islamic Banks by : Aledjandro Lopez Mejia

Download or read book Regulation and Supervision of Islamic Banks written by Aledjandro Lopez Mejia and published by International Monetary Fund. This book was released on 2014-12-12 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper aims at developing a better understanding of Islamic banking (IB) and providing policy recommendations to enhance the supervision of Islamic banks (IBs). It points out and discusses similarities and differences of IBs with conventional banks (CBs) and reviews whether the IBs are more stable than CBs. Given the risks faced by IBs, the paper concludes that they need a legal, corporate and regulatory framework as much as CB does. The paper also argues that it is important to ensure operational independence of the supervisory agency, which has to be supported by adequate resources, a sound legal framework, a well designed governance structure, and robust accountability practices.

Islamic Finance

Author : Simon Archer
Publisher : John Wiley & Sons
ISBN 13 : 0470821892
Total Pages : 441 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Islamic Finance by : Simon Archer

Download or read book Islamic Finance written by Simon Archer and published by John Wiley & Sons. This book was released on 2007-03-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Finance: The Regulatory Challenge…is therefore timely and a truly welcome addition to the growing literature on this subject…I congratulate the two professors for their fine contribution to the evolving art and science of the regulation of Islamic finance." —Dr. Zeti Akhtar Aziz, Governor, Bank Negara Malaysia "The World's financial regulators have taken too long to appreciate the importance of adapting their regulatory frameworks to the needs of the fast growing Islamic finance sector. Simon Archer and Rifaat Ahmed, the leaders in the field, have put together a fascinating collection of essays which show just what has to be done. It is a very timely book indeed." —Howard Davies, Director, London School of Economics "The emergence of Islamic finance as a major force in the world financial system has focused attention on regulatory issues. This book, edited by Professor Archer and Professor Rifaat, two of the most respected figures in the field, is an important point of reference for those who have to deal with these issues, whether in regulatory authorities, or in the financial institutions themselves." —Professor William Blair QC, Grays Inn, London "There is now great interest, both in financial and legal circles, in reliable and authoritative texts on Islamic finance. I have no doubt that the availability of Islamic Finance: The Regulatory Challenge will be warmly welcomed by those who provide financial and legal services. The work will be of great assistance to them." —The Rt Hon the Lord Woolf of Barnes, Law Lord and former Lord Chief Justice of England & Wales

Islamic Finance

Author : Rifaat Ahmed Abdel Karim
Publisher : John Wiley & Sons
ISBN 13 : 1118179471
Total Pages : 441 pages
Book Rating : 4.1/5 (181 download)

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Book Synopsis Islamic Finance by : Rifaat Ahmed Abdel Karim

Download or read book Islamic Finance written by Rifaat Ahmed Abdel Karim and published by John Wiley & Sons. This book was released on 2011-09-02 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Finance: The Regulatory Challenge…is therefore timely and a truly welcome addition to the growing literature on this subject…I congratulate the two professors for their fine contribution to the evolving art and science of the regulation of Islamic finance." —Dr. Zeti Akhtar Aziz, Governor, Bank Negara Malaysia "The World's financial regulators have taken too long to appreciate the importance of adapting their regulatory frameworks to the needs of the fast growing Islamic finance sector. Simon Archer and Rifaat Ahmed, the leaders in the field, have put together a fascinating collection of essays which show just what has to be done. It is a very timely book indeed." —Howard Davies, Director, London School of Economics "The emergence of Islamic finance as a major force in the world financial system has focused attention on regulatory issues. This book, edited by Professor Archer and Professor Rifaat, two of the most respected figures in the field, is an important point of reference for those who have to deal with these issues, whether in regulatory authorities, or in the financial institutions themselves." —Professor William Blair QC, Grays Inn, London "There is now great interest, both in financial and legal circles, in reliable and authoritative texts on Islamic finance. I have no doubt that the availability of Islamic Finance: The Regulatory Challenge will be warmly welcomed by those who provide financial and legal services. The work will be of great assistance to them." —The Rt Hon the Lord Woolf of Barnes, Law Lord and former Lord Chief Justice of England & Wales

Islamic Finance: Legal Frameworks, Practices and Shariah Criteria Review (UUM Press)

Author : Asmadi Mohamed Naim
Publisher : UUM Press
ISBN 13 : 9672210922
Total Pages : 204 pages
Book Rating : 4.6/5 (722 download)

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Book Synopsis Islamic Finance: Legal Frameworks, Practices and Shariah Criteria Review (UUM Press) by : Asmadi Mohamed Naim

Download or read book Islamic Finance: Legal Frameworks, Practices and Shariah Criteria Review (UUM Press) written by Asmadi Mohamed Naim and published by UUM Press. This book was released on 2020-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides comprehensive compilation on Islamic legal documents related to Islamic financial system consists of legal statutes, frameworks, guidelines, circulars and internal compliant manual covering Islamic banking, takaful and Islamic capital markets. Brief description of those documents are laid down to assist non-legal background readers in having comprehensive view of Islamic finance legal system. Few special focuses are done to Shariah screening methodologies for stocks, Islamic fund and real estate with special review on few sukuk issuances as to familiarize reader with the principle terms and conditions (PTC) of the sukuk. Islamic finance is not just a system but it is a way to achieve the spirit of Shariah i.e. maqasid Shariah in providing prosperity to the society in blessing ways avoiding all prohibited elements as stated in Islamic law.

Islamic Banking and Finance

Author : Mondher Bellalah
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443849995
Total Pages : 295 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Islamic Banking and Finance by : Mondher Bellalah

Download or read book Islamic Banking and Finance written by Mondher Bellalah and published by Cambridge Scholars Publishing. This book was released on 2013-07-16 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic finance is founded on principles that constitute the guidelines governing any Islamic economic or financial dealings. Innovative financial engineering today constitutes one of the most critical needs of Islamic financial institutions. It represents the forces that will drive Islamic finance toward continuous growth and efficiency. The structuring of new financing and Shariah-complaint instruments plays an important role in the enhancement of Islamic financial markets, and Islamic risk management practices, combining basic Shariah-complaint financial instruments within Shariah structures to precise identified needs. The financial engineering process in Islamic finance is a process that is very sensitive and complex. It requires multidisciplinary considerations, involving deep knowledge of finance, economy, Shariah law and commercial law. Divergence of opinions among different Shariah scholars and boards, as well as the absence or lack of effectiveness of a central regulatory body, is perceived as an obstacle to the growth of investment confidence in Islamic finance. Hence, innovation, along with greater uniformity, is essential to make Islamic finance an international financial system and to attract a greater number of customers. This book addresses the main issues of concern within Islamic banking, namely the development of conceptual framework, the viability of interest-free banking, and the assessment of its performance and future. In a world where conventional interest-based finance is the dominant framework, Islamic banking faces many challenges that must be addressed. This book discusses these issues and challenges and will be of great interest to both researchers and practitioners. It analyses the past experiences of Islamic banks worldwide, and provides an objective assessment of their successes and failures.

Foundations of Shari'ah Governance of Islamic Banks

Author : Karim Ginena
Publisher : John Wiley & Sons
ISBN 13 : 1118460790
Total Pages : 402 pages
Book Rating : 4.1/5 (184 download)

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Book Synopsis Foundations of Shari'ah Governance of Islamic Banks by : Karim Ginena

Download or read book Foundations of Shari'ah Governance of Islamic Banks written by Karim Ginena and published by John Wiley & Sons. This book was released on 2015-03-09 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide for robust sharī'ah governance of the Islamic banking industry Debate in the market on the extent of sharī'ah compliance of Islamic banks, their products, and activities has piqued stakeholders' interest. In Foundations of Sharī'ah Governance of Islamic Banks, Karim Ginena and Azhar Hamid explore the depths of sharī'ah governance to unravel its mysterious dimensions, and equip academics and practitioners with a solid understanding of the subject, which has become a serious challenge and thus deserves dedicated attention. The authors make a strong case for the need to contain the sharī'ah risk that Islamic banks experience, and present a compelling argument for how this should be done. Ginena and Hamid propose a robust sharī'ah governance model that comprehensively tackles thisrisk, and helps improve the extent of sharī'ah compliance of market players. The authors detail the internal, external, and institutional arrangements needed to promote responsible sharī'ah governance, and critically analyze current laws, regulations, and industry practices on the topic. The chapters of the book do the following: Examine the roots, characteristics and objectives of sharī'ah and its relation to financial dealings; Probe the role of regulators in sharī'ah governance, explore the different approaches adopted by banking supervisors, and provide examples of relevant legal and regulatory measures; Explain to bank directors and management the fiduciary duty they assume with respect to sharī'ah compliance, and detail how they could discharge this responsibility in line with best practices; Elaborate on the purpose of the Sharī'ah Supervisory Board (SSB), its responsibilities, competence criteria, internal regulations, and key governance guidelines; additionally, they explore different SSB models; Describe the internal sharī'ah control system including its six components, and examine the internal sharī'ah audit function as well as different stages of conducting a sharī'ah audit; Clarify the role of a sharī'ah auditor, with guidance on reporting lines, scope of duties, authority, and practical ways on fulfilling tasks, such as a sample sharī'ah risk assessment grid and audit checklists; Discuss the newly emerging external sharī'ah advisory firms that are expected to play a key role in the coming years and the services they provide. Through an effective treatment of each of these elements, and the way that they interact with one another, the book offers a fresh take on how robust sharī'ah governance of Islamic banks can be successfully accomplished. It is a comprehensive resource for academics, regulators, directors, lawyers, auditors, consultants, employees, and customers of Islamic banks interested in learning more about these challenges. This essential reading persuasively extends the discourse on the subject and addresses critical sharī'ah issues that have policy implications for decision makers in jurisdictions aiming to attract the fast-growing Islamic finance industry or increase their market share.

Islamic Banking and Finance in the European Union

Author : M. Fahim Khan
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803412
Total Pages : 253 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Islamic Banking and Finance in the European Union by : M. Fahim Khan

Download or read book Islamic Banking and Finance in the European Union written by M. Fahim Khan and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: As an introduction to the complex issue of harmonization of legal and regulatory structure of the European financial system and Islamic finance, this is a useful and welcome volume. The ideas, insights and practical issues addressed in the informed papers that compose the book should be valuable for academics and students of finance, and to those who provide legal and financial services. The book will be helpful also to European regulators who have yet to appreciate the importance of Islamic finance and its potential contribution to financial globalization as well as to European economic growth. Abbas Mirakhor, Former Executive Director, International Monetary Fund, US This timely book examines the authorization of Shari ah-compliant intermediaries as either credit institutions or as investment companies in the European Union. The contributing authors explore the key topics of this area through differing yet parallel perspectives for example, comparing economic and legal standpoints, looking at both European and national levels and considering both academic and technical approaches. The book discusses the common origin of Islamic and Western traditions in commercial and banking transactions, reviewing a period in which the Italian merchants and their organizations drove the rebirth of post-medieval society in trade and law. The editors investigate whether the Islamic banking and financial model complies with the European framework, spelling out the different experiences in single Member States (Germany, France, Italy, and the United Kingdom). Notwithstanding the obstacles to being authorized as domestic credit institutions, they conclude that the access of Islamic intermediaries is suitable and may have positive effects on European integration, as well as increasing the competition among the stand-still operators and evoking the ethical dimension of banking and finance. The book also highlights how Islamic banking would make the industry more inclusive. This multidisciplinary book will appeal greatly to economics and legal scholars with an interest in European and international banking and financial law, as well as postgraduate students in international law and banking law. Practitioners and regulators will also find this book an invaluable resource.

Islamic Finance

Author : David Eisenberg
Publisher : OUP Oxford
ISBN 13 : 0191630896
Total Pages : 470 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Islamic Finance by : David Eisenberg

Download or read book Islamic Finance written by David Eisenberg and published by OUP Oxford. This book was released on 2012-03-22 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.

Islamic Banking

Author : Mr.Luca Errico
Publisher : International Monetary Fund
ISBN 13 : 1451980418
Total Pages : 33 pages
Book Rating : 4.4/5 (519 download)

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Book Synopsis Islamic Banking by : Mr.Luca Errico

Download or read book Islamic Banking written by Mr.Luca Errico and published by International Monetary Fund. This book was released on 1998-03-01 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper analyzes the implications of Islamic precepts on banks’ structure and activities, focusing on banking supervision issues. It points out and discusses these issues in the context of a paradigm version of Islamic banking, as well as in frameworks that fall between the paradigm version and conventional banking. The case of Islamic banks operating in a conventional system is also examined.