Student editor Esther Agbaje (HLS ’17) suggests that sukuk (commonly called Islamic bonds) are insufficient to handle bankruptcy in financial systems operating with respect to Islamic law, or sharīʿa compliance. Banks and other financial institutions or municipalities that issue sukuk intend for these … Continue reading The Need for an Islamic Bankruptcy Code
REVIEW:: Classical Islamic Law and Modern Bankruptcy (A Review of Abed Awad, “Classical Islamic Law and Modern Bankruptcy” (2010))
In their paper Classical Islamic Law and Modern Bankruptcy (2010), U.S. editor Abed Awad and his co-author Robert E. Michael compares bankruptcy in classical Islamic law to American bankruptcy pre and post … Continue reading REVIEW:: Classical Islamic Law and Modern Bankruptcy (A Review of Abed Awad, “Classical Islamic Law and Modern Bankruptcy” (2010))
Debt and Bankruptcy in Classical Islamic Law
Student editor Esther Agbaje (Harvard Law School) explores classical Islamic law's basic conceptions of debt and bankruptcy. While the main Islamic texts, the Qur’ān and Sunna (records of the Prophet Muhammad's teachings), provide … Continue reading Debt and Bankruptcy in Classical Islamic Law
Building an Islamic Bankruptcy Regime from Financial Dispute Resolution Caselaw
By Esther Agbaje Developing an Islamic bankruptcy code is important, especially as Islamic finance systems continue to exist and to grow. In Islamic finance, the ideal is that Islamic financial … Continue reading Building an Islamic Bankruptcy Regime from Financial Dispute Resolution Caselaw