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Measuring Shariah non-compliance risk (SNCR): claw-out effect of al-bai-bithaman ajil in default

Measuring Shariah non-compliance risk (SNCR): claw-out effect of al-bai-bithaman ajil in default PurposeThe purpose of this paper is to examine the meaning, nature and measurement of Shariah non-compliant risk faced by Islamic banks.Design/methodology/approachAl-bai-bithaman ajil (BBA) contract documentation is analyzed in the light of the legal environment in Malaysia and measurement of Shariah non-compliant risk based on constructed or hypothetical cases.FindingsShariah non-compliant risk will adversely affect bank’s earnings when BBA contracts are deemed invalid in the court of law, either in a foreclosure or ruling via court declaration.Research limitations/implicationsThe paper is written based on content analysis, Malaysian legal cases with hypothetical examples for better understanding.Practical implicationsIslamic banking should be able to use the findings to estimate potential loss from Shariah non-compliant risk and make the necessary provisions.Originality/valueThis paper provides new insights of risks faced by credit-intensive Islamic banks, that when relinquishing critical requirement of Islamic contract such as ownership risk will suffer loss. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Islamic Accounting and Business Research Emerald Publishing

Measuring Shariah non-compliance risk (SNCR): claw-out effect of al-bai-bithaman ajil in default

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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1759-0817
DOI
10.1108/JIABR-02-2016-0018
Publisher site
See Article on Publisher Site

Abstract

PurposeThe purpose of this paper is to examine the meaning, nature and measurement of Shariah non-compliant risk faced by Islamic banks.Design/methodology/approachAl-bai-bithaman ajil (BBA) contract documentation is analyzed in the light of the legal environment in Malaysia and measurement of Shariah non-compliant risk based on constructed or hypothetical cases.FindingsShariah non-compliant risk will adversely affect bank’s earnings when BBA contracts are deemed invalid in the court of law, either in a foreclosure or ruling via court declaration.Research limitations/implicationsThe paper is written based on content analysis, Malaysian legal cases with hypothetical examples for better understanding.Practical implicationsIslamic banking should be able to use the findings to estimate potential loss from Shariah non-compliant risk and make the necessary provisions.Originality/valueThis paper provides new insights of risks faced by credit-intensive Islamic banks, that when relinquishing critical requirement of Islamic contract such as ownership risk will suffer loss.

Journal

Journal of Islamic Accounting and Business ResearchEmerald Publishing

Published: Jun 12, 2017

References