现代伊斯兰金融交易中的 "加拉尔 "问题综述

Mohd Shahid Mohd Noh, Suffian Haqiem Nor Azelan, Muhammad Izzul Syahmi Zulkepli
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引用次数: 0

摘要

目的本研究旨在系统回顾与 "加拉尔 "相关的现代伊斯兰金融交易文献。Gharar 被定义为不确定性,有可能导致合同中的歧义和冲突。本研究中审查的文章包括 2013 年至 2022 年间发表的 13 篇与 Gharar 相关的文章。所有选取的文章均使用特定关键词和字符串进行了经验性和描述性检索。本研究的主要资料来源是 Scopus 和 Web of Science (WoS),而 Google Scholar 是辅助资料库。研究结果综述发现,讨论以往研究的维度都在尽力阐述现代金融交易中的 Gharar。这些研究还表明,对该定义的严谨研究和部署仍停留在法理学学者定义的范围内。最近有关 Gharar 的研究重点是衍生产品,这些产品表明在其运作过程中存在很大的不确定性。此外,作者列出的纳入和排除论文的标准被认为是撰写系统性文献综述的内在限制。原创性/价值据作者所知,本文具有原创性,学者们对 Gharar 在交易中的存在方式有不同的理解,但他们仍然以其不确定性的原始含义为中心。因此,本文还认识到 Gharar 是如何根据合同的性质和行为进行不同解释的。此外,本文还希望有助于理解 Gharar 在现代金融交易中是如何被解释的,并最终得出结论,即需要进一步研究为伊斯兰商业法中的每份合同确定 Gharar 参数。
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A review on Gharar dimension in modern Islamic finance transactions

Purpose

This study aims to systematically review the literature on modern Islamic finance transactions pertaining to Gharar dimensions. Gharar is defined as uncertainty that potentially leads to ambiguities and conflicts in contracts.

Design/methodology/approach

The articles reviewed in this study consisted of 13 articles related to Gharar published between 2013 and 2022. All selected articles were empirically and descriptively searched using specific keywords and strings. The main sources for this study were Scopus and Web of Science (WoS), whereas Google Scholar was a supportive database.

Findings

The review found that the dimensions that discussed previous research were trying their best to elaborating Gharar in modern financial transactions. They also demonstrate that rigorous study and deployment of the definition remain in the context defined by jurisprudence scholars. The focus of recent studies pertaining to Gharar is derivatives products that indicate high possibility of uncertainty in its operation.

Research limitations/implications

This method relies heavily on the accessed database, namely, Scopus and WoS, also referred to the articles as recommended by the databases. Furthermore, the criteria of inclusion and exclusion of papers outlined by the authors deemed as an intrinsic limitation in writing systematic literature review.

Originality/value

To the best of the authors’ knowledge, this paper is original in its nature whereby the scholars had different comprehension on how Gharar exists in transaction but they still centred in its original meaning of uncertainty. As a result, this paper also realized how Gharar were interpreted differently relied on the contract’s nature and behaviour. In addition, this paper is expected to contribute to understand how Gharar been interpreted in modern finance transactions and finally reached to the point that further research is needed in establishing Gharar parameter for each contract in Islamic commercial law.

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来源期刊
CiteScore
4.80
自引率
22.70%
发文量
78
期刊介绍: The journal provides a dynamic forum for the advancement of accounting and business knowledge based on Shari’ah and Islamic activities that have an impact on the welfare of society. JIABR publishes articles on the interplay between Islamic business ethics, accounting, auditing and governance, in promoting accountability, socio-economic justice (adl) and everlasting success (al-falah). It seeks to inform, among others, current theoretical and empirical research and practice in Islamic accounting, auditing and corporate governance, management of Islamic organizations, accounting regulation and policy for Islamic institutions, Shari’ah auditing and corporate governance, financial and non-financial performance measurement and disclosure in Islamic institutions and organizations. All styles of research, theoretical and empirical, case studies, practice-based papers and research notes that are well written and falling within the journal''s scope, are generally welcomed by the journal. Scope/Coverage Development of accounting, auditing and corporate governance concepts based on Shari’ah Socio-political influence on accounting and auditing regulation and policy making for Islamic financial institutions and organizations Historical perspectives on Islamic accounting, auditing and financial management Critical analysis on issues and challenges on accounting disclosure and measurement, Shari’ah audit and corporate governance Controls and risks in Islamic organizations Financial and non-financial performance measurement and disclosure.
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