Insolvency, policy & shariah: The Malaysian context : SC-OCIS Scholar in Residence in Islamic Finance 2020-2021

Insolvency, policy & shariah: The Malaysian context : SC-OCIS Scholar in Residence in Islamic Finance 2020-2021. Insolvency, policy & shariah : The Malaysian Context. pp. 1-30. (2021)



Abstract

The collaboration between the Securities Commission Malaysia (SC) and Oxford Centre for Islamic Studies (OCIS), UK was established in 2010, with the objective of promoting intellectual discourse and research on applied and contemporary issues with respect to global Islamic finance. The SC-OCIS Scholar in Residence Programme (SIR Programme) is one of the outcomes aimed to pursue further research that complements the flagship programme, which is the annual SC-OCIS Roundtable. A thought leadership platform, the SC-OCIS Roundtable gathers distinguished scholars, academicians, regulators and Islamic finance practitioners to discuss and exchange views on contemporary issues in Islamic finance. Abdulkader Thomas, the Visiting Fellow of the SC-OCIS SIR Programme for the academic year 2020-2021, brings over four decades of experience in global finance, and was the General Manager of a foreign bank branch in New York. During his tenure in the SIR Programme, Abdulkader conducted a research titled 'Insolvency, Policy & Shariah: The Malaysian Context', which delves into insolvency reforms in Malaysia. This research aims to contribute to the discourse on insolvency, policy, and Shariah within the Malaysian context. It encompasses analyses of various facets, including the fundamental social contract that shapes Malaysian public policy and an assessment of the alignment of Malaysian insolvency policy with Shariah principles. Beyond this, the paper provides valuable insights and offers recommendations for potential changes in Malaysian insolvency policy. It also demonstrates the compatibility of Shariah principles with effective policymaking in a diverse, multi-faith society such as Malaysia. Furthermore, it illuminates the utilisation of Maqasid Al-Shariah for evaluating secular policy initiatives.

Item Type: Article
Additional Information: DISCLAIMER This paper presents research by the SC-OCIS Visiting Fellow in Islamic Finance under the SC-OCIS Scholar in Residence Programme 2020-2021 on applied and contemporary issues, with respect to global Islamic finance. The views expressed in this paper are those of the author and do not necessarily represent the views of the SC, its Board, or the SC management.
Keywords: Insolvency policy, Insolvency management, Public Interest, Islamic Finance
Taxonomy: By Niche > Islamic Banking > Banks and Banking > Finance
By Niche > Islamic Banking > Banks and Banking > Government Policy
By Niche > Islamic Banking > Banks and Banking > Religious Aspects
By Niche > Islamic Banking > Banks and Banking > Social Aspects
Local Content Hub: Niche > Islamic Banking
Depositing User: Rizana Mohd Radwan
Date Deposited: 02 Jul 2024 06:52
Last Modified: 02 Jul 2024 06:52
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