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A Critical Analysis of Shariah-Compliant Financial Instruments: Balancing Authenticity, Risk-Sharing, and Market Practice

Ali K. Anami
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Ali K. Anami: Department of Economics, Muslim University of Morogoro, Tanzania

East African Finance Journal, 2026, vol. 5, issue 1

Abstract: This paper provides a critical analysis of Shariah-compliant financial instruments, focusing on the balance between authenticity, risk-sharing, and prevailing market practices. The study examines the extent to which Islamic financial contracts such as Murabaha, Mudarabah, Musharakah, Ijarah, and Sukuk uphold the fundamental principles of Shariah, particularly the prohibition of riba (usury), gharar (excessive uncertainty), and maysir (gambling). The research adopts a qualitative methodology using content analysis of scholarly literature, regulatory reports, and case studies from leading Islamic financial institutions. The findings reveal a divergence between the theoretical foundations of Islamic finance, which emphasize equity participation and profit-and-loss sharing, and the practical dominance of debt-based instruments that closely resemble conventional finance. While contracts such as Mudarabah and Musharakah embody authentic risk-sharing principles, their limited application reflects challenges associated with risk aversion, regulatory environments, and market demand. Conversely, the widespread use of Murabaha and Sukuk demonstrates market adaptability but raises concerns regarding Shariah compliance authenticity. The study concludes that sustaining the credibility and long-term viability of Islamic finance requires reinforcing genuine risk-sharing mechanisms, strengthening Shariah governance frameworks, and developing innovative instruments aligned with the ethical and economic objectives of Islam while meeting contemporary financial market needs.

Keywords: Shariah-Compliant Finance; Financial Instruments; Risk-Sharing; Murabaha; Sukuk; Profit-and-Loss Sharing; Islamic Financial Contracts (search for similar items in EconPapers)
JEL-codes: G21 G23 Z12 (search for similar items in EconPapers)
Date: 2026
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Persistent link: https://EconPapers.repec.org/RePEc:cwk:eafjke:2026-10

DOI: 10.59413/eafj/v5.i1.10

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