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Islamic Finance-basic Principles and Structures-A Focus on Project Finance

Islamic Finance-basic Principles and Structures-A Focus on Project Finance

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Published by Ahmad Sanusi Husain
Islamic finance is finance under Islamic law (or Shari’ah) principles.
The basic sources of Shari’ah are the Qur’an and the Sunna, which
are followed by the consensus of the jurists and interpreters of
Islamic law.
The central feature of the Islamic finance system is the prohibition
in the Qur’an of the payment and receipt of interest (or riba).
The strong disapproval of interest by Islam and the vital role of
interest in modern commercial banking systems led Muslim thinkers
to explore ways and means by which commercial banking could be
organised on an interest-free basis.
Islamic finance is finance under Islamic law (or Shari’ah) principles.
The basic sources of Shari’ah are the Qur’an and the Sunna, which
are followed by the consensus of the jurists and interpreters of
Islamic law.
The central feature of the Islamic finance system is the prohibition
in the Qur’an of the payment and receipt of interest (or riba).
The strong disapproval of interest by Islam and the vital role of
interest in modern commercial banking systems led Muslim thinkers
to explore ways and means by which commercial banking could be
organised on an interest-free basis.

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Published by: Ahmad Sanusi Husain on Sep 20, 2009
Copyright:Attribution Non-commercial

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05/11/2014

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Introduction 1
 
Development 1
 
Main principles 1
 
The
Shari’ah
board 2
 
Certain basic methods of Islamic financing 2
 
The risks and pitfalls of Islamic finance 4
 
Islamic finance in action 8
 
Islamic documentation in project financing:an example 11
 
For further informationplease contactKent Rowey Charles July Marc Fèvre65 Fleet StreetLondon EC4Y 1HS
T+F+EW
 
44 20 7936 400044 20 7832 7001
 kent.rowey 
@
freshfields.comcharles.july 
@
freshfields.commarc.fevre
@
freshfields.comfreshfields.com
The information and opinions contained in thisdocument are not intended to be a comprehensivestudy, nor to provide legal advice, and should not berelied on or treated as a substitute for specific adviceconcerning individual situations. This document speaksas of its date and does not reflect any changes in law orpractice after that date.
©
Freshfields Bruckhaus Deringer 2006
 
 
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Islamic finance is finance under Islamic law (or
Shari’ah
) principles.The basic sources of 
Shari’ah
are the Qur’an and the Sunna, whichare followed by the consensus of the jurists and interpreters of Islamic law.The central feature of the Islamic finance system is the prohibitionin the Qur’an of the payment and receipt of interest (or
riba
).The strong disapproval of interest by Islam and the vital role of interest in modern commercial banking systems led Muslim thinkersto explore ways and means by which commercial banking could beorganised on an interest-free basis.
aÉîÉäçéãÉåí=
Islamic financial institutions are relatively recent creations: one of the first Islamic banks was set up in Egypt in 1963. Although theorigin of modern Islamic banking was in Egypt, it probably wouldnot have developed as an important financial force without thestrong support of Saudi investors. The Islamic Development Bank(IDB) was established in 1975 and gave momentum to the Islamicbanking movement. It was the first time in modern Muslim history that an international financial institution committed itself toconduct its activities in conformity with the
Shari’ah
. Instead of working on the basis of interest, the bank was authorised to levy aservice fee to cover its administrative expenses.Since the creation of the IDB, a number of Islamic bankinginstitutions have been established all over the world and somecountries have taken the necessary steps to organise their bankingsystems along Islamic lines. The first private Islamic commercialbank, the Dubai Islamic Bank, was founded in 1975.
j~áå=éêáåÅáéäÉë=
The main principles of Islamic finance include:
the prohibition of taking or receiving interest;
capital must have a social and ethical purpose beyond pure,unfettered return;
investments in businesses dealing with alcohol, gambling, drugs oranything else that the
Shari’ah
considers unlawful are deemedundesirable and prohibited;
a prohibition on transactions involving
masir 
(speculation orgambling); and

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