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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Sukuk Structures: Legal Engineering Under Dutch Law

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ISBN13: 9789462363922
Published: June 2014
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £59.80

Usually despatched in 1 to 3 weeks.

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.

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Islamic Law
Editorial Preface
1. Introduction
2. Islamic Law
3. Islamic Finance Contracts
4. Sukuk
5. Structuring Underlying Islamic Finance Contracts in Sukuk Transactions under Dutch Law
6. The Rights of Sukuk Holders in Sukuk Transactions under Dutch Law
7. Legal Engineering of Sukuk: Summary and Conclusion
Glossary of Islamic Finance Terms.