Issues of taqsīr, taʿaddī, guarantees and managing moral hazard in mudārabah and mushārakah products

Although Islamic finance has demonstrated impressive development over the last few decades, many critics continue to raise the issue of Islamic financial institutions’ (IFIs) reluctance to apply risk-sharing principles, especially muḍārabah and mushārakah contracts, in the kinds of financing they of...

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Bibliographic Details
Main Authors: Mohamed Naim, Asmadi, Md Hussain, Muhammad Nasri, Long, Muhamad Noor Habibi, Abu Bakar, Mahyuddin
Format: Book
Published: ISRA 2014
Subjects:
Online Access:http://repo.uum.edu.my/12597/
http://www.ipublication.isra.my/product-890360.html
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Summary:Although Islamic finance has demonstrated impressive development over the last few decades, many critics continue to raise the issue of Islamic financial institutions’ (IFIs) reluctance to apply risk-sharing principles, especially muḍārabah and mushārakah contracts, in the kinds of financing they offer.The issue of high risk associated with muḍārabah and mushārakah remains an obstacle to implementing them. Scholars have suggested a number of measures to minimize the associated risks, for example, proper guidelines on negligence (taqṣīr) and transgression (taʿaddī).Hence a systematic investigation of the concepts of taqṣīr and taʿaddī, guarantee (ḍamān) and managing moral hazard in muḍārabah and mushārakah products is paramount to their implementation.