Combating money laundering and terrorism financing: perspectives from maqasid al-shariah

Money laundering and terrorism financing are financial crimes which affect the economic stability and integrity of the country. In this respect, the relevant regulator has a duty to preserve and protect the financial stability of the country. This duty is in line with the concept of the protection o...

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Main Authors: Raja Alias, Raja Madihah, Mohd Yasin, Norhashimah, Hj Ibrahim, Badruddin, Zul Kepli, Mohd Yazid
Other Authors: Oseni, Umar A.
Format: Book Chapter
Language:English
Published: Emerald Publishing Limited 2019
Subjects:
Online Access:http://irep.iium.edu.my/77725/
http://irep.iium.edu.my/77725/1/77725_Combating%20money%20laundering.pdf
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author Raja Alias, Raja Madihah
Mohd Yasin, Norhashimah
Hj Ibrahim, Badruddin
Zul Kepli, Mohd Yazid
author2 Oseni, Umar A.
author_facet Oseni, Umar A.
Raja Alias, Raja Madihah
Mohd Yasin, Norhashimah
Hj Ibrahim, Badruddin
Zul Kepli, Mohd Yazid
author_sort Raja Alias, Raja Madihah
building IIUM Repository
collection Online Access
description Money laundering and terrorism financing are financial crimes which affect the economic stability and integrity of the country. In this respect, the relevant regulator has a duty to preserve and protect the financial stability of the country. This duty is in line with the concept of the protection of wealth (hifz al-mal) under the maqāsid al-Sharīʿah or higher objectives of Islamic law framework. The objective of this chapter is to examine the protection of wealth vis-á-vis money laundering and terrorism financing from the maqāsid al-Sharīʿah perspective. This study analyses the primary and secondary legal sources on the laws and regulations on anti-money laundering and counter financing of terrorism while also considering the primary and secondary sources of Islamic law. This study is significant as it makes an exploration of the maqāsid al-Sharīʿah perspectives and discusses the position of unlawful wealth that is acquired from the illicit gain of property from the abuse of money laundering and the financing of terrorist activities. This chapter suggests that Islamic law emphasises on the lawful ownership of wealth and prohibits a person from acquiring illicit wealth. This study will contribute towards the study on the deployment of maqāsid al-Sharīʿah, which is beneficial in safeguarding an individual action as well as the country’s commitment against abuse and misuse of wealth for financial crimes.
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spelling iium-777252024-12-23T08:54:00Z http://irep.iium.edu.my/77725/ Combating money laundering and terrorism financing: perspectives from maqasid al-shariah Raja Alias, Raja Madihah Mohd Yasin, Norhashimah Hj Ibrahim, Badruddin Zul Kepli, Mohd Yazid HG3368 Islamic Banking and Finance KBP Islamic Law Money laundering and terrorism financing are financial crimes which affect the economic stability and integrity of the country. In this respect, the relevant regulator has a duty to preserve and protect the financial stability of the country. This duty is in line with the concept of the protection of wealth (hifz al-mal) under the maqāsid al-Sharīʿah or higher objectives of Islamic law framework. The objective of this chapter is to examine the protection of wealth vis-á-vis money laundering and terrorism financing from the maqāsid al-Sharīʿah perspective. This study analyses the primary and secondary legal sources on the laws and regulations on anti-money laundering and counter financing of terrorism while also considering the primary and secondary sources of Islamic law. This study is significant as it makes an exploration of the maqāsid al-Sharīʿah perspectives and discusses the position of unlawful wealth that is acquired from the illicit gain of property from the abuse of money laundering and the financing of terrorist activities. This chapter suggests that Islamic law emphasises on the lawful ownership of wealth and prohibits a person from acquiring illicit wealth. This study will contribute towards the study on the deployment of maqāsid al-Sharīʿah, which is beneficial in safeguarding an individual action as well as the country’s commitment against abuse and misuse of wealth for financial crimes. Emerald Publishing Limited Oseni, Umar A. Hassan, M. Kabir Hassan, Rusni 2019 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/77725/1/77725_Combating%20money%20laundering.pdf Raja Alias, Raja Madihah and Mohd Yasin, Norhashimah and Hj Ibrahim, Badruddin and Zul Kepli, Mohd Yazid (2019) Combating money laundering and terrorism financing: perspectives from maqasid al-shariah. In: Emerging issues in Islamic finance law and practice in Malaysia. Emerald Publishing Limited, United Kingdom, pp. 129-144. ISBN 978-1-78973-546-8 https://www.emerald.com/insight/content/doi/10.1108/978-1-78973-545-120191014/full/html
spellingShingle HG3368 Islamic Banking and Finance
KBP Islamic Law
Raja Alias, Raja Madihah
Mohd Yasin, Norhashimah
Hj Ibrahim, Badruddin
Zul Kepli, Mohd Yazid
Combating money laundering and terrorism financing: perspectives from maqasid al-shariah
title Combating money laundering and terrorism financing: perspectives from maqasid al-shariah
title_full Combating money laundering and terrorism financing: perspectives from maqasid al-shariah
title_fullStr Combating money laundering and terrorism financing: perspectives from maqasid al-shariah
title_full_unstemmed Combating money laundering and terrorism financing: perspectives from maqasid al-shariah
title_short Combating money laundering and terrorism financing: perspectives from maqasid al-shariah
title_sort combating money laundering and terrorism financing: perspectives from maqasid al-shariah
topic HG3368 Islamic Banking and Finance
KBP Islamic Law
url http://irep.iium.edu.my/77725/
http://irep.iium.edu.my/77725/
http://irep.iium.edu.my/77725/1/77725_Combating%20money%20laundering.pdf