阿拉伯联合酋长国伊斯兰金融纠纷的解决

N. Zain, Rusni Hassan
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摘要

近30年前,伊斯兰金融的概念被认为是一个一厢情愿的梦想。今天,全球有300多家伊斯兰金融机构在运作。到2020年,伊斯兰金融资产的价值预计将达到3.2万亿美元。他们的客户不仅限于穆斯林国家的公民,而且遍布欧洲、美利坚合众国和远东。穆斯林现在有机会按照伊斯兰教的伦理和哲学来投资他们的财政资源。同时,伊斯兰金融为传统金融的客户提供了另一种选择。第一次致力于建立伊斯兰金融机构(以下简称“伊斯兰银行”)的深入研究出现在20世纪40年代。虽然穆斯林银行早在20世纪20年代和30年代就成立了,但他们采取了与传统银行相似的做法。在20世纪40年代和50年代,马来西亚和巴基斯坦对小型伊斯兰银行进行了几次试验。第一个巨大的成功是1963年在埃及的米特加姆尔村建立了一家伊斯兰银行。其他的成功包括1975年在吉达建立政府间伊斯兰开发银行和若干伊斯兰银行,例如1970年代和1980年代的迪拜伊斯兰银行、科威特金融公司和巴林伊斯兰银行。在东南亚,马来西亚成为第一个引入伊斯兰金融的国家,成立了马来西亚伊斯兰银行(Bank Islam Malaysia Bhd)。在1983年。商业银行也认识到这一新领域的潜力,一些主要的世界机构已将伊斯兰银行和金融作为多样化增长的重要机制。
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Settlement of Islamic finance disputes in the United Arab Emirates
The concept of Islamic finance was considered as a wishful dream almost three decades ago. Today, more than 300 Islamic financial institutions are operating around the globe. By 2020, Islamic finance assets are estimated to reach $3.2 trillion in value. Their clientele are not confined to citizens of Muslim countries only, but are spread over Europe, the United States of America and the Far East. Muslims now have the opportunity to invest their financial resources in accordance with the ethics and philosophy of Islam. At the same time, Islamic finance offers an alternative for the customers of conventional finance. The first thorough studies devoted to the establishment of Islamic financial institutions (referred to hereafter as ‘Islamic Banks’) appeared in the 1940s. Although Muslim owned banks were established as early as in the 1920s and 1930s, they adopted similar practices to conventional banks. In the 1940s and 1950s, several experiments with small Islamic Banks were undertaken in Malaysia and Pakistan. The first great success was the establishment of an Islamic Bank in the Egyptian village of Mit Ghamr, in 1963. Other successes include the establishment of the Inter-Governmental Islamic Development Bank in Jeddah in 1975 and a number of Islamic Banks, such as the Dubai Islamic Bank, the Kuwait Finance House and the Bahrain Islamic Bank in the 1970s and 1980s. In South East Asia, Malaysia became the first country that introduced Islamic finance with the establishment of Bank Islam Malaysia Bhd. in 1983. Commercial banks have also realized the potential of this new field, and a number of major worldwide institutions have adopted Islamic banking and finance as a significant mechanism for diversified growth.
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Settlement of Islamic finance disputes in the United Arab Emirates In search of an effective dispute resolution mechanism in Islamic finance Prevailing dispute resolution mechanisms in Islamic finance Islamic dispute resolution in the United Kingdom Choice of law in Islamic finance
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