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Insolvency and debt restructuring in Islamic Finance: the need for a comprehensive model law

Oseni, Umar Aimhanosi (2013) Insolvency and debt restructuring in Islamic Finance: the need for a comprehensive model law. In: Harvard-LSE Workshop on Insolvency & Debt Restructuring in Islamic Finance, 28th February 2013, London, UK. (Unpublished)

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The skyrocketing uncertainties in the global economy have rekindled the need to examine issues relating to insolvency and debt restructuring. With a focus on Islamic financial transactions and Islamic financial institutions, this paper examines the interplay between three related concepts of insolvency, bankruptcy and debt restructuring. Balancing these three situations in time of financial distress of an Islamic financial institution requires a fair consideration of the rights of both the debtors‘ and creditors‘. In the light of this, this paper examines the current trends of insolvency and debt restructuring in the Islamic finance industry and proffers some future directions that would help reposition the industry to make it not only Sharī‗ah-compliant but also conventionally viable.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 6807/30475
Uncontrolled Keywords: Islamic finance, insolvency, debt restructuring
Subjects: H Social Sciences > HG Finance > HG1501 Banking
K Law > K Law (General)
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr. Umar Aimhanosi Oseni
Date Deposited: 08 Jul 2013 15:54
Last Modified: 05 Nov 2014 09:02
URI: http://irep.iium.edu.my/id/eprint/30475

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