The doctrine and application of partnership in Islamic commercial law with special reference to Malaysian experiments in Islamic banking and finance (Ph.D. Thesis)

This thesis evaluates the doctrine of partnership (mudaraba and musharaka) in Islamic commercial law and its efficacy in Malaysian Islamic financial experiments. The thesis analyzes the operations of the three main Islamic financial institutions in Malaysia: Bank Islam Malaysia Berhad (BIMB), Syarikat Takaful Malaysia Sendirian Berhad (Takaful Insurance Company Malaysia Limited) and Lembaga Urusan Dan Tabung Haji (The Malaysian Pilgrims Management and Fund Board). Part One outlines the doctrine of partnership in Islamic commercial law, and discusses the doctrines of shirka (partnership) and mudaraba as modes of financing within Islamic commercial law. Part Two provides specific applications of the doctrine in the Malaysian experiments in Islamic banking and finance, evaluating the operations and performance of each institution with regards to mudaraba, musharaka, takaful, and ijara.