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Sukuk Structures: Legal Engineering Under Dutch Law

Sukuk Structures: Legal Engineering Under Dutch Law
  • Jaar van uitgave 2014
  • 232 pagina's
Auteur:Omar Salah
Reeks:Schoordijk Instituut
Rubriek: Juridisch Ondernemingsrecht
Icon_printbook 978‐94‐6236‐392‐2 | paperback | 1e druk | € 66,50 / $ 89,77 / £ 70,49
Icon_ebook 978‐94‐6274‐001‐3 | digitaal boek | € 67,99 / $ 91,78 / £ 72,06

This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved. The author explains the fundamentals of Islamic finance and analyses Islamic contract, property, corporate and finance law. He describes how Islamic finance principles such as riba (in short: prohibition on interest) and gharar (avoidance of contractual uncertainty) have contributed to the development of Islamic finance contracts. The author examines the legal structure of sukuk transactions and the applicable Islamic finance rules. He then scrutinises three main sukuk transactions (the sukuk al-musharaka, the sukuk al-murabaha and the sukuk al-ijarah) under Dutch private law, mainly focussing on Dutch contract, property, insolvency and corporate law. The author concludes that there are no legal obstacles to introducing Islamic finance in the Netherlands. This work is of interest to academics and practitioners in the field of banking and finance law.

Doelgroep

Banking and finance lawyers. Academics in the field of islamic law, banking and finance law, private law.

Auteursinformatie

Omar Salah obtained a LLM on Dutch Law (cum laude) at Tilburg Law School, Tilburg University. In 2009, Salah started his PhD research at the Private Law Department of Tilburg University. In 2011, Salah joined De Brauw Blackstone Westbroek as a lawyer (advocaat) where he worked with the Corporate Litigation and Insolvency practice group and with the Finance practice group, while continuing his PhD thesis at Tilburg University.

RMThemis March 2016

review by Prof.mr. drs. J.W.A. Biemans, professor at the Utrecht University of Law, Molengraaff Institute for Private Law.

(language: Dutch)

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Ars Aequi - jaargang 63 November 2014

(DUTCH)

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