Shariah parameters reconsidered

Saiful Azhar Rosly

International Journal of Islamic and Middle Eastern Finance and Management, 2010, vol. 3, issue 2, 132-146

Abstract: Purpose - The purpose of this paper is to explain three additional parameters, namelymaqasid al‐Shariah, financial reporting, and legal documentation of contract for determining Shariah legitimacy of financial instruments in Islamic financial institutions. Currently, contract ('aqd) is the only parameter recognized by Shariah scholars at the supervisory level. Design/methodology/approach - This analysis begins with examining the pitfalls of the contract approach and proceeds to present themaqasid, financial reporting and legal documentation approaches in ascertaining absolute Shariah compliant of financial products. Findings - The paper argues that the four approaches must be applied in package in determining Shariah compliant status to avoid costly errors that might lead to litigations and loss of competitiveness in the Islamic financing business. Originality/value - The paper provides new insights and integrated analysis of Shariah auditing where knowledge clusters concerning the Shariah, economics, finance and accountancy, and law are algamated to ascertain wholesome Shariah viewpoint.

Keywords: Islam; Contracts; Financial reporting; Legal action (search for similar items in EconPapers)
Date: 2010
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Persistent link: https://EconPapers.repec.org/RePEc:eme:imefmp:v:3:y:2010:i:2:p:132-146

DOI: 10.1108/17538391011054372

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