Operative Principles of Islamic Derivatives [electronic resource] : Towards a Coherent Theory / Juan Sole.

By: Sole, JuanContributor(s): Jobst, Andreas A | Sole, JuanMaterial type: TextTextSeries: IMF Working Papers; Working Paper ; No. 12/63Publication details: Washington, D.C. : International Monetary Fund, 2012Description: 1 online resource (33 p.)ISBN: 1463938403 :ISSN: 1018-5941Subject(s): Business Economics: General | Derivatives | Gharar | Hedging | Ijara | Islamic Law | MalaysiaAdditional physical formats: Print Version:: Operative Principles of Islamic Derivatives : Towards a Coherent TheoryOnline resources: IMF e-Library | IMF Book Store Abstract: Derivatives are few and far between in countries where the compatibility of financial transactions with Islamic law requires the development of shari'ah-compliant structures. Islamic finance is governed by the shari'ah, which bans speculation and gambling, and stipulates that income must be derived as profits from the shared generation of goods and services between counterparties rather than interest or a guaranteed return. The paper explains the fundamental legal principles underpinning Islamic finance with a view towards developing a cohesive theory of derivatives subject to shari'ahprinciples. After critically reviewing accepted contracts and the scholastic debate surrounding existing financial innovation in this area, the paper offers an axiomatic perspective on a principle-based permissibility of derivatives under Islamic law.
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Derivatives are few and far between in countries where the compatibility of financial transactions with Islamic law requires the development of shari'ah-compliant structures. Islamic finance is governed by the shari'ah, which bans speculation and gambling, and stipulates that income must be derived as profits from the shared generation of goods and services between counterparties rather than interest or a guaranteed return. The paper explains the fundamental legal principles underpinning Islamic finance with a view towards developing a cohesive theory of derivatives subject to shari'ahprinciples. After critically reviewing accepted contracts and the scholastic debate surrounding existing financial innovation in this area, the paper offers an axiomatic perspective on a principle-based permissibility of derivatives under Islamic law.

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