A Murābaha Transaction in An English Court - The London High Court of 13th February 2002 in Islamic Investment Company of the Gulf (Bahamas) Ltd. V. Symphony Gems N.V. & Ors
Abstract Islamic finance is based on the application of Sharī'a rules to modern financing transactions. The Islamic finance industry has grown considerably over the last two decades and Islamic financing transactions today often have a global reach. As a consequence, traditional Islamic contrac...
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2004
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| In: |
Islamic law and society
Year: 2004, Volume: 11, Issue: 1, Pages: 117-134 |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract Islamic finance is based on the application of Sharī'a rules to modern financing transactions. The Islamic finance industry has grown considerably over the last two decades and Islamic financing transactions today often have a global reach. As a consequence, traditional Islamic contractual structures are reformulated in the language of international commercial agreements and Sharī'a a based transactions are adjudicated in non-Islamic jurisdictions. In examining a recent case of the London High Court dealing with an Islamic murābaha agreement this essay investigates the complex interaction between and among Islamic contractual structures, English style contractual drafting and principles of international commercial law. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/156851904772841435 |