Dispute resolution in the Islamic finance industry in Nigeria

With the gradual increase of Islamic finance products in Nigeria, which was spurred by the initial licenses issued to some banks by the Central Bank of Nigeria to operate Sharī‘ah-compliant banking, an unprecedented trend has been introduced in the world of Islamic finance litigation. Litigating the...

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Main Author: Oseni, Umar Aimhanosi
Format: Article
Language:English
English
English
Published: Springer New York LLC 2015
Subjects:
Online Access:http://irep.iium.edu.my/46887/
http://irep.iium.edu.my/46887/1/46887.pdf
http://irep.iium.edu.my/46887/4/46887_dispute_resolution_WOSpdf.pdf
http://irep.iium.edu.my/46887/5/46887_dispute_resolution_Scopus.pdf
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author Oseni, Umar Aimhanosi
author_facet Oseni, Umar Aimhanosi
author_sort Oseni, Umar Aimhanosi
building IIUM Repository
collection Online Access
description With the gradual increase of Islamic finance products in Nigeria, which was spurred by the initial licenses issued to some banks by the Central Bank of Nigeria to operate Sharī‘ah-compliant banking, an unprecedented trend has been introduced in the world of Islamic finance litigation. Litigating the legality of the Islamic banking license issued by the apex bank in Nigeria was the first in the yet unknown phase of the dispute resolution trends in the nascent Islamic finance industry in the country. This study therefore examines the challenges, prospects and future directions of sustainable dispute resolution practices in the Islamic finance industry. It proposes a practical dispute resolution framework for Nigeria through best practices from three key jurisdictions—Malaysia, Indonesia and Pakistan—who have some unique mechanisms that have stood the test of time. The study concludes that for Nigeria to be able to attract foreign direct investment into its nascent Islamic finance industry, particularly from the oil rich Middle Eastern countries, it requires a sound and robust judicial system and dispute resolution mechanism that can stand the test of time.
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spelling iium-468872016-07-18T05:48:38Z http://irep.iium.edu.my/46887/ Dispute resolution in the Islamic finance industry in Nigeria Oseni, Umar Aimhanosi HG Finance K Law (General) KBP Islamic Law With the gradual increase of Islamic finance products in Nigeria, which was spurred by the initial licenses issued to some banks by the Central Bank of Nigeria to operate Sharī‘ah-compliant banking, an unprecedented trend has been introduced in the world of Islamic finance litigation. Litigating the legality of the Islamic banking license issued by the apex bank in Nigeria was the first in the yet unknown phase of the dispute resolution trends in the nascent Islamic finance industry in the country. This study therefore examines the challenges, prospects and future directions of sustainable dispute resolution practices in the Islamic finance industry. It proposes a practical dispute resolution framework for Nigeria through best practices from three key jurisdictions—Malaysia, Indonesia and Pakistan—who have some unique mechanisms that have stood the test of time. The study concludes that for Nigeria to be able to attract foreign direct investment into its nascent Islamic finance industry, particularly from the oil rich Middle Eastern countries, it requires a sound and robust judicial system and dispute resolution mechanism that can stand the test of time. Springer New York LLC 2015-12-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/46887/1/46887.pdf application/pdf en http://irep.iium.edu.my/46887/4/46887_dispute_resolution_WOSpdf.pdf application/pdf en http://irep.iium.edu.my/46887/5/46887_dispute_resolution_Scopus.pdf Oseni, Umar Aimhanosi (2015) Dispute resolution in the Islamic finance industry in Nigeria. European Journal of Law and Economics, 40 (3). pp. 545-564. ISSN 0929-1261 http://link.springer.com/article/10.1007%2Fs10657-012-9371-y 10.1007/s10657-012-9371-y
spellingShingle HG Finance
K Law (General)
KBP Islamic Law
Oseni, Umar Aimhanosi
Dispute resolution in the Islamic finance industry in Nigeria
title Dispute resolution in the Islamic finance industry in Nigeria
title_full Dispute resolution in the Islamic finance industry in Nigeria
title_fullStr Dispute resolution in the Islamic finance industry in Nigeria
title_full_unstemmed Dispute resolution in the Islamic finance industry in Nigeria
title_short Dispute resolution in the Islamic finance industry in Nigeria
title_sort dispute resolution in the islamic finance industry in nigeria
topic HG Finance
K Law (General)
KBP Islamic Law
url http://irep.iium.edu.my/46887/
http://irep.iium.edu.my/46887/
http://irep.iium.edu.my/46887/
http://irep.iium.edu.my/46887/1/46887.pdf
http://irep.iium.edu.my/46887/4/46887_dispute_resolution_WOSpdf.pdf
http://irep.iium.edu.my/46887/5/46887_dispute_resolution_Scopus.pdf