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Islamic Banking and Finance in the European Union

A Challenge Edited by M. Fahim Khan, former Chairman, Riphah Centre of Islamic Business, Riphah International University, Islamabad, Pakistan and Mario Porzio, Professor of Banking Law, University of Naples ‘Federico II’, Italy
This timely book examines the authorization of Shari’ah-compliant intermediaries as either credit institutions or as investment companies in the European Union.
Extent: 256 pp
Hardback Price: $128.00 Web: $115.20
Publication Date: 2010
ISBN: 978 1 84980 017 4
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  • Economics and Finance
  • Financial Economics and Regulation
  • Islamic Economics and Finance
  • Money and Banking
This timely book examines the authorization of Shari’ah-compliant intermediaries as either credit institutions or as investment companies in the European Union.

The contributing authors explore the key topics of this area through differing yet parallel perspectives – for example, comparing economic and legal standpoints, looking at both European and national levels and considering both academic and technical approaches. The book discusses the common origin of Islamic and Western traditions in commercial and banking transactions, reviewing a period in which the Italian merchants and their organizations drove the rebirth of post-medieval society in trade and law. The editors investigate whether the Islamic banking and financial model complies with the European framework, spelling out the different experiences in single Member States (Germany, France, Italy, and the United Kingdom). Notwithstanding the obstacles to being authorized as domestic credit institutions, they conclude that the access of Islamic intermediaries is suitable and may have positive effects on European integration, as well as increasing the competition among the stand-still operators and evoking the ethical dimension of banking and finance. The book also highlights how Islamic banking would make the industry more inclusive.

This multidisciplinary book will appeal greatly to economics and legal scholars with an interest in European and international banking and financial law, as well as postgraduate students in international law and banking law. Practitioners and regulators will also find this book an invaluable resource.
‘The four areas covered in the book are crucial issues to be considered for the enhancement of Islamic banking in the European Union. The book is a whistle-blower for the industry in Europe and the concerns raised are welcome.’
– Faizal Ahmad Manjoo, The Muslim World Book Review

‘As an introduction to the complex issue of harmonization of legal and regulatory structure of the European financial system and Islamic finance, this is a useful and welcome volume. The ideas, insights and practical issues addressed in the informed papers that compose the book should be valuable for academics and students of finance, and to those who provide legal and financial services. The book will be helpful also to European regulators who have yet to appreciate the importance of Islamic finance and its potential contribution to financial globalization as well as to European economic growth.’
– Abbas Mirakhor, Former Executive Director, International Monetary Fund, US
Contributors: P. Abbadessa, C. Arnaud, V. Cattelan, C. de Anca, L. Donato, J. Engels, M.A. Freni, G. Gimigliano, M.F. Khan, E. Montanaro, G.M. Piccinelli, C. Porzio, M. Porzio, G. Rotondo, U. Santarelli, V. Santoro, F.E. Vogel, R. Wilson
Contents:

Preface

Introduction
M. Fahim Khan and Mario Porzio

PART I: HISTORICAL BACKGROUND
1. From the Poor to the Merchant
Umberto Santarelli

PART II: ISLAMIC BANKING BUSINESS
2. The Provision and Management of Savings: The Client–Partner Model
Gian Maria Piccinelli

3. Islamic Finance: Personal and Enterprise Banking
Frank E. Vogel

4. Islamic Banking in Europe: The Regulatory Challenge
M. Fahim Khan

5. Islamic Finance and Ethical Investments: Some Points of Reconsideration
Valentino Cattelan

PART III: THE CHALLENGE
6. Islamic Banking versus Conventional Banking
Claudio Porzio

7. Islamic Banking: A Challenge for the Basel Capital Accord
Elisabetta Montanaro

8. Investing with Values: Ethical Investment versus Islamic Investment
Celia de Anca

9. Islamic Banking and the ‘Duty of Accommodation’
Gabriella Gimigliano

10. The Remuneration of Sight Accounts and the Feasible Competition between Islamic and Western Systems
Gennaro Rotondo

PART IV: RESPONSE FROM THE EUROPEAN COUNTRIES: ENGLISH, FRENCH, GERMAN AND ITALIAN EXPERIENCES
11. The French Licensing Authority Faced with the Globalisation of Islamic Finance: A Flexible Position
Christophe Arnaud

12. German Banking Supervision and its Relationship to Islamic Banks
Johannes Engels

13. Islamic Banking and Prudential Supervision in Italy
Luigi Donato and Maria Alessandra Freni

14. Islamic Banking: Impression of an Italian Jurist
Pietro Abbadessa

15. Islamic Banking in the United Kingdom
Rodney Wilson

16. The Riba Prohibition and Payment Institutions
Vittorio Santoro

Index