Understanding the Cultural Aspects of Muslims when Negotiating and

Drafting Contracts Relating to Islamic Banking, Finance and Insurance

Date : Thursday, 21 May 2020 Language : English
9:30 a.m. - 11:30 a.m. Level : Elementary level, for delegates who
Time : 2 CPD points do not have prior knowledge of the
subject area
Points : This course is offered free of charge to
Mode of :
Fee : solicitors and trainee solicitors Webinar via Zoom
Delivery

Course Objective:
This course will provide a general background to Islam, Shariat and the culture of Muslims in its various forms
around the world. Islamic Finance is set within a framework of Islamic financial instruments curated from
Islamic contracts based on Sharia principles. The case of Beximco Pharmaceuticals Ltd and others v Shamil
Bank of Bahrain EC [2004] EWCA Civ 19 (28 January 2004) provides an example of the failure to appreciate
these principles in the drafting of banking documents. Commerce is based within a cultural medium which, if
misunderstood, could lead to the underlying and undisclosed basis of a commercial dispute. The Belt and
Road Initiative recognizes the importance of cultural exchange as a foundation of commercial activity.
This course will look at the factual matrix and the ratio in the Beximco case which highlight the risk in failing to
properly incorporate Sharia principles within contracts relating to Islamic banking, finance and insurance. The
rest of the course will provide a learning experience in all aspects of Muslim culture with explanation as to how
they affect parties intending to enter into contracts or creating Islamic instruments. The focus is on Islamic
culture that are common to all Muslims.
About the Course:
The course will cover the following:
 Beximco Pharmaceuticals Ltd and others v Shamil Bank of Bahrain EC [2004] EWCA Civ 19 - the facts
and decisions;
 How to avoid the problems faced in the Beximco case;
 The origin of Islam within the Judeah and Christian timeline;
 Commonalities between Islam, Judeah and Christian religions for easier understanding of Islam;
 The Pillars of Islam;
 Islam in its various forms;
 Custom and culture within Islam;
 Insurance within Islamic principles; and
 Mediation with Islamic principles.
About the Presenter:

Mr. Amirali B. Nasir, Solicitor, Nasirs®

Mr. Amirali B. Nasir is a solicitor admitted in Hong Kong and England and Wales (previously also admitted as
a solicitor at the DIFC) practising under the name and style of NASIRS ® (formerly AB Nasir & Co.®) since
1992. His principal areas of practice are dispute resolution and commercial law. He is chairman of the Law
Society’s Working Party of Islamic Finance and a regular speaker locally and internationally. He has lectured
and participated in conferences on Islamic Finance and Takaful in Hong Kong, Dubai, Brunei, London,
Singapore, USA and Malaysia. Other collaborations on talks and seminars include Redmoney, Deloitte,
HKICPA, CPA Australia, HKU, Department of Justice, SFC, Lexis-Nexis, Euromoney Asia, Courses &
Seminars, Commonwealth Law Conference (Hong Kong), Mayfair, Hong Kong Securities Institute, DIFC and
IGC Events at the HKMA. He has also lectured on the Hong Kong University Space Certificate in Islamic
Finance and Advance Certificate in Islamic Finance courses. He was external validation advisor to the HKU
LLM programme on Islamic Banking.
He has been a trustee, past chairman, and is presently the Honorary Treasurer of The Incorporated Trustees
of the Islamic Community Fund of Hong Kong which manages all the major mosques and Muslim cemeteries
in Hong Kong. He has contributed an article on Islamic Finance to the “Hong Kong Lawyer” and also
contributes articles on Islamic Finance to Redmoney IFN as country correspondent.
 Enrolment Conditions:
1. The course is open to all solicitors and trainee solicitors. Enrolments will be accepted on a first-come-first-served basis.
2. If a registrant cannot attend a booked free course, he must give the Academy of Law (“Academy”) at least 2 working days’ written notification of
his absence, or failing which, the registrant will not be entitled to enrol in any free CPD courses for the remaining part of 2020. For avoidance of
doubt, Saturdays, Sundays and public holidays are not treated as working days for the purpose of counting the 2 working days’ written notification
to the Academy.
3. Only those who have been allocated a seat will receive a confirmation email from the Academy. Those who have not received a confirmation email
from the Academy before the date of the course shall treat their registrations for the free course unsuccessful.
4. To attend this course, attendees will have to open a Zoom account in their personal name, log onto the course using their zoom account and
identify themselves upon logging on or when being requested to do so. Attendees will have to keep the sound on mute unless they are asking a
question.
5. Attendees shall only use one device to assess the webinar via Zoom.
6. Please click here for the Bad Weather Policy.
7. Please click here for the CPD Attendance Policy which applies to those who wish to claim CPD points from the Law Society of Hong Kong.
8. The Hong Kong Academy of Law reserves the right to alter the contents, speaker(s) or otherwise of this course, or cancel this course.

Enrolment Slip:
Re: Understanding the Cultural Aspects of Muslims when Negotiating and Drafting Contracts
Relating to Islamic Banking, Finance and Insurance, Thursday, 21 May 2020 (C200521A)
To : Hong Kong Academy of Law, 3rd Floor, Wing On House, 71 Des Voeux Road Central, HK
(Attention: Ms. Vivian Tang / Ms. Coco Lo - Tel: 2846 0587 / 2846 0585;
Fax: 2845 0337 / E-mail: cpd_enrolment@hklawacademy.org)

Name*: Mr./Ms.      

(full name as on identity card or practising certificate or trainee solicitor contract)

Occupation: I am (please tick as appropriate)

a Solicitor a Trainee Solicitor

Solicitor No:       Year of admission:       Trainee: First/ Second year (if applicable)
(if applicable) (if applicable)

Company/Firm*:       Position:      

Address:      

Email*:      Mobile*:       Fax:      

I have read and accepted the Enrolment Conditions attached to the course flyer.

Signature:       Date:      

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