Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013
Takaful business in Malaysia is governed by Islamic Financial Services Act 2013 which provides for the regulations of Takaful and other Islamic finance related business in Malaysia. However, the Act itself is not comprehensive and are relying on many other established Acts that mostly based on th...
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my-unisza-ir.45632022-01-13T07:45:21Z http://eprints.unisza.edu.my/4563/ Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013 Salman, Lambak Hartini, Ab Ghani Mohd Shukri, Jusoh HB Economic Theory HG Finance Takaful business in Malaysia is governed by Islamic Financial Services Act 2013 which provides for the regulations of Takaful and other Islamic finance related business in Malaysia. However, the Act itself is not comprehensive and are relying on many other established Acts that mostly based on the principles of English Common Law. Hence, this paper will evaluate the Islamic ruling of applying the Common Law in the Act based on the Islamic doctrine al-’Urf. The analysis finds that the application of the Common Law in Islamic Financial Services Act is generally permissible provided that the rules do not contradict with any existing Islamic texts. 2014-01 Article PeerReviewed text en http://eprints.unisza.edu.my/4563/1/FH02-FESP-14-02049.pdf Salman, Lambak and Hartini, Ab Ghani and Mohd Shukri, Jusoh (2014) Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013. International Journal of Business and Social Science. pp. 1-21. ISSN 2219-1933 |
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HB Economic Theory HG Finance Salman, Lambak Hartini, Ab Ghani Mohd Shukri, Jusoh Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013 |
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Takaful business in Malaysia is governed by Islamic Financial Services Act 2013 which provides
for the regulations of Takaful and other Islamic finance related business in Malaysia. However, the
Act itself is not comprehensive and are relying on many other established Acts that mostly based on
the principles of English Common Law. Hence, this paper will evaluate the Islamic ruling of
applying the Common Law in the Act based on the Islamic doctrine al-’Urf. The analysis finds that
the application of the Common Law in Islamic Financial Services Act is generally permissible
provided that the rules do not contradict with any existing Islamic texts. |
format |
Article |
author |
Salman, Lambak Hartini, Ab Ghani Mohd Shukri, Jusoh |
author_facet |
Salman, Lambak Hartini, Ab Ghani Mohd Shukri, Jusoh |
author_sort |
Salman, Lambak |
title |
Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013 |
title_short |
Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013 |
title_full |
Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013 |
title_fullStr |
Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013 |
title_full_unstemmed |
Legitimacy of Adapting Common Law in Islamic Financial Services Act 2013 |
title_sort |
legitimacy of adapting common law in islamic financial services act 2013 |
publishDate |
2014 |
url |
http://eprints.unisza.edu.my/4563/1/FH02-FESP-14-02049.pdf http://eprints.unisza.edu.my/4563/ |
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