Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective

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building INTELEK Repository
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collectionurl https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
date 2014-04-11 17:58:36
format Restricted Document
id 7316
institution UniSZA
internalnotes to this paper should be made as follows: Ghadas, Z.A.A., Rahman, N.A. and Hassan, H. (2013) ‘Shari’ah Corporation’: the legal entity of corporation from the Malaysian law and Shari’ah perspective’, Int. J. Liability and Scientific Enquiry, Vol. 6, No. 4, pp.232–246.
originalfilename 2727-01-FH02-FUHA-16-06737.pdf
person J R Brooks
recordtype oai_dc
resourceurl https://intelek.unisza.edu.my/intelek/pages/view.php?ref=7316
spelling 7316 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=7316 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Article Journal application/pdf 15 1.6 Adobe Acrobat Pro DC 20 Paper Capture Plug-in J R Brooks 2014-04-11 17:58:36 75 2727-01-FH02-FUHA-16-06737.pdf UniSZA Private Access Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective Int. J. Liability and Scientific Enquiry Under the Malaysian law which is based on the English law, companies are recognised as a legal person and the metaphor of corporate personality is used to justify the company’s legal framework. As a creature of the statute, companies’ totally depend on the Companies Act. On the other hand, under Shari’ah, the existence of business entity is based upon agreement between the parties and the legal basis of Shari’ah business structure is the contractual principles. With the recent rapid development in Shari’ah compliance businesses in Malaysia, such as Islamic finance and halal products, there is a question on whether Shari’ah businesses could be carried out in a civil law business structure. This paper analyse companies’ legal framework under the Malaysian law and compare them with the principles of Shari’ah. The outcome of this paper is a proposal for a legal framework of an Islamic corporation. 6 4 1-15 to this paper should be made as follows: Ghadas, Z.A.A., Rahman, N.A. and Hassan, H. (2013) ‘Shari’ah Corporation’: the legal entity of corporation from the Malaysian law and Shari’ah perspective’, Int. J. Liability and Scientific Enquiry, Vol. 6, No. 4, pp.232–246.
spellingShingle Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective
subject 75
summary Under the Malaysian law which is based on the English law, companies are recognised as a legal person and the metaphor of corporate personality is used to justify the company’s legal framework. As a creature of the statute, companies’ totally depend on the Companies Act. On the other hand, under Shari’ah, the existence of business entity is based upon agreement between the parties and the legal basis of Shari’ah business structure is the contractual principles. With the recent rapid development in Shari’ah compliance businesses in Malaysia, such as Islamic finance and halal products, there is a question on whether Shari’ah businesses could be carried out in a civil law business structure. This paper analyse companies’ legal framework under the Malaysian law and compare them with the principles of Shari’ah. The outcome of this paper is a proposal for a legal framework of an Islamic corporation.
title Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective
title_full Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective
title_fullStr Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective
title_full_unstemmed Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective
title_short Shariah Corporation: the legal entity of corporation from the Malaysian law and Shariah perspective
title_sort shariah corporation: the legal entity of corporation from the malaysian law and shariah perspective