Islamic finance framework

This overview is a guide to the Banking & Finance content within the Islamic finance framework subtopic, with links to appropriate materials.

Sources of Shari’ah

Shari’ah or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a fulfilling and beneficial manner.

Although the phrase ‘Islamic law’ is widely and commonly used, Shari’ah is often the preferred term to demarcate from Western or Christian concepts of ‘law’ and associated assumptions, for example:

  1. the Shari’ah is inherently non-secular and does not distinguish between religious and governmental institutions and authorities

  2. the Shari’ah is both a legal system and a moral framework, rather than, for example, a legal system underpinned by a moral framework, and

  3. the Shari’ah regulates both public and private spheres, affecting not only individuals’ relationships with neighbours and the state but also with Allah, their private or personal affairs and their conscience

The umbrella of Islam spans a number of different branches and schools of thought, many of which began

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High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

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