Forskningsresultat per år
Forskningsresultat per år
I am doing my doctoral dissertation on Islamic Banking and Finance. When I was thinking about choosing an interesting subject for my research, I wanted to find a topic that could be of a general interest. My study is about financial institutions and the many problems and issues regarding everyday finance, especially banking systems and interests on loans, which is the concern of everyone. However, and despite that my research is purely legal and based on legal analysis and legal argumentation, the basic principles of Islamic banking and finance especially on the prohibition of interest on loans and the speculations harmful results on the economy are taken directly from Sharia Law; the Islamic law on transactions is very developed and highly regulated. However, Muslim countries’ legal systems are significantly influenced by Western legal systems. Therefore, banking law in the majority of the Muslim countries is conventional and not governed by Islamic law. So, another controversial problem is, which law applies to international contracts on financial instruments between banks and individuals, investors and States as Islamic law on banking and finance is not an institutional law, and which judge is qualified to settle conflicts that may arise from these Islamic financial instruments?
Is Islamic banking deriving from an ideology? There have been many interpretations which position Islamic banking among the revival and the raise of religious sciences in the twentieth century. However, it depends from which place we are observing this changing. In general revival starts due to a reason, or because of an end of an ideology, or a need to find a solution to a problem. Revival is the act of restoration or renewal after neglect or obscurity, an awakening of interest in religion or conscientious to assume a new way of life, based on ethical values.
The aim of my study was about the speculation and the prohibition of interests. The issue of interest -Riba- is one of the most important issues, it means literally an excess compensation or surplus value without due consideration, to try to give a definition to the due consideration from the theological point of view is in itself an issue which is in conflict of interest with financial and banking institutions. Surplus value and speculation was one of the most important reasons that led to the 2008 global financial crisis. Of course it is not from the interest of banks to prohibit interests, as it is one of the ways of profit making, even if now we have seen that there are more ethical banks which are more involved in sustainability and environment, however could we end up one day with a bank with 0% interest?
When the concept of Islamic banking started to develop, it was criticised as being a utopian dream especially because of its principles based on ethical values. It was argued what morality and ethics has to do with finance? Now, Islamic finance is put at more than 1,3 Trillion US Dollars on the worldwide market. A turnover constantly progressing according to the economists.
Contract and Commercial Law, LL.M International Master of Laws Faculty of Law 2009, Helsingfors universitet
Tilldelningsdatum: 30 sep 2009
Law, Licence en Droit , University of Oran Faculty of Law
Tilldelningsdatum: 4 jul 2002
Forskningsoutput: Tidskriftsbidrag › Artikel › Vetenskaplig › Peer review
Forskningsoutput: Avhandling › Magisteruppsats › Avhandlingar
Sanaa Kadi (Närvarande)
Aktivitet: Typer för deltagande i eller organisering av evenemang › Arrangemang av och deltagande i konferens/workshop/kurs/seminarium