This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved. The author explains the fundamentals of Islamic finance and analyses Islamic contract, property, corporate and finance law. He describes how Islamic finance principles such as riba (in short: prohibition on interest) and gharar (avoidance of contractual uncertainty) have contributed to the development of Islamic finance contracts. The author examines the legal structure of sukuk transactions and the applicable Islamic finance rules. He then scrutinises three main sukuk transactions (the sukuk al-musharaka, the sukuk al-murabaha and the sukuk al-ijarah) under Dutch private law, mainly focussing on Dutch contract, property, insolvency and corporate law. The author concludes that there are no legal obstacles to introducing Islamic finance in the Netherlands. This work is of interest to academics and practitioners in the field of banking and finance law.
Omar Salah obtained a LLM on Dutch Law (cum laude) at Tilburg Law School, Tilburg University. In 2009, Salah started his PhD research at the Private Law Department of Tilburg University. In 2011, Salah joined De Brauw Blackstone Westbroek as a lawyer (advocaat) where he worked with the Corporate Litigation and Insolvency practice group and with the Finance practice group, while continuing his PhD thesis at Tilburg University.
Editorial Preface; Preface; 1. Introduction; 2. Islamic Law; 3. Islamic Finance Contracts; 4. Sukuk; 5 Structuring Underlying Islamic Finance Contracts in Sukuk Transactions under Dutch Law; 6. The Rights of Sukuk Holders in Sukuk Transactions under Dutch Law; 7. Legal Engineering of Sukuk: Summary and Conclusion; Bibliography; Glossary of Islamic Finance Terms.