Siti Faridah Abdul Jabbar

Siti Faridah Abdul Jabbar
Universiti Kebangsaan Malaysia | ukm · School of Accounting

PhD (London); LLM (Cambridge); LLB (UKM)

About

29
Publications
7,530
Reads
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81
Citations
Additional affiliations
June 1991 - present
Universiti Kebangsaan Malaysia
Position
  • Professor (Associate)

Publications

Publications (29)
Article
The significance of Shari'ah advisers' role in the Islamic financial services industry is undisputable. Their approval and endorsement of a product or services as Shari'ah-compliant or otherwise may make or break an Islamic financial institution. Despite their pivotal role, the amount of literature that discusses their position from the legal persp...
Article
Caveat emptor, translated as "let the buyer beware" or "sold as it is, does not impose a legal duty on the seller to inform the buyer of any defect in a product known to the former. Instead, it is the duty of the buyer to exercise due diligence before making any decision to purchase from the seller. Due to the shortcomings of the caveat emptor prin...
Article
Digital banking is becoming increasingly significant in the banking industry particularly after the COVID-19 outbreak. While there are several large conventional digital banks that have been in operation, Islamic digital banks, on the other hand, are only starting to pick up the pace. Malaysia plans to add to the number of Islamic digital banks ope...
Article
The Covid-19 pandemic has immensely impacted the world in a myriad of ways. One of its major impacts is the significant shift in the way consumers buy goods and services. Online purchasing has increased tremendously, thus, substantially replacing the traditional method of physically shopping in stores. Many traditional businesses have the difficult...
Article
Social enterprise is gaining significance in many countries because it has demonstrated that it could contribute to reducing various social and environmental problems. Although there are several definitions of social enterprise, which is also known as social entrepreneurship, its key feature is the same, namely the application of the concept of ent...
Article
Purpose The purpose of this paper is to discuss various situations in the Islamic financial services industry that are asserted to facilitate money laundering and the counter-arguments to the assertions. Design/methodology/approach The approach adopted by this paper is a review of literature and of several practices of Islamic financial institutio...
Article
Among the key features of the Islamic economic system is eradication of poverty, equitable distribution of income and socio-economic justice. The two primary sources of the Shari’ah (Islamic law), namely the Qur’an (Holy Book for Muslims) and Sunnah (words, conducts and tacit approvals of the Prophet Muhammad), are replete with injunctions that pro...
Article
The emergence of cryptocurrency creates a mixed reaction. While there are those who are excited about it, at the same time there are those who are perplexed by it. At the one end there are several individuals who are amassing wealth out of cryptocurrency, while at the other end there is an abundance of individuals who find it an elusive subject-mat...
Chapter
In Islam the dilemma whether an act is ethical or otherwise may be resolved by referring to the principles that are enunciated in the sources of the Shari’ah (Islamic law). Islamic business ethics, therefore, is based on these sources and provides an essential foundation in the making of ethical business decisions. Islamic ethics is known as akhlaq...
Chapter
Fraud in any form is prohibited in Islamic law. It is reprehensible and regarded as a heinous conduct. Muslims are required to lead every aspect of their lives honestly and truthfully at all times. The stern prohibition against fraud may be found in the Qur’an and Sunnah of the Prophet Muhammad, which are the primary sources of Islamic law. Accordi...
Article
Full-text available
This article discusses a number of Malaysian cases that highlight the judicial inconsistencies in the treatment of the conditional payment clauses as practised in the construction industry followed by a discussion of the Construction Industry Payment and Adjudication Act 2012, which draws inspiration from the UK’s Housing Grants, Constructions and...
Article
This paper highlights several cases relating to Islamic finance that resort to adjudication and one to arbitration, and discusses the drawbacks of the former and the strength of the latter as a dispute resolution forum for Islamic finance.
Article
This paper discusses the governance or institutional framework of the Sharia Boards in several jurisdictions.
Article
Purpose ‐ The purpose of this paper is to examine corruption from the perspective of Islam. Design/methodology/approach ‐ The paper takes the form of a critical analysis of the primary sources of Islamic law and extant literature. Findings ‐ In Islam, corruption is vehemently condemned; the meaning and scope of corruption is wide; and Islamic inter...
Article
Purpose – The purpose of this paper is to examine whether insider dealing is fraud from the perspective of Islam. Design/methodology/approach – The paper uses analogy (qiyas) of the injunctions in the Qur’an and Sunnah and critical analysis of literature on Islam. Findings – The paper finds that insider dealing is fraud (taghrir) in Islam and the d...
Article
Purpose – The purpose of this paper is to analyse the criminalisation of money laundering, corporate criminal liability for money laundering, equitable liability of professional intermediaries for money laundering and defence of disclosure from the perspective of Shari'ah. Design/methodology/approach – The approach is to interpret and analogise the...
Article
Purpose – The purpose of this paper is to establish that financial crimes are unlawful (haram) in Islam and accordingly, the responsibilities of the Sharia's Supervisory Boards of Islamic financial institutions include the prevention and control of financial crimes. Design/methodology/approach – The paper presents an analogy (qiyas) of the injuncti...
Article
On July 18, 2008, the Malaysian High Court in Kuala Lumpur delivered a common judgment for several cases concerning Islamic financing.The court declared that the Bai Bithaman Ajil (BBA) contract, which is a widely used Islamic financial instrument in Malaysia, was contradictory with the basic principles of Islam. Twelve of the cases involved Bank I...
Article
This article discusses a number of governance issues relating to the Shari'a supervisory board which is entrusted with ensuring the good governance of Islamic financial institutions. It also highlights some Islamic governance principles and values, and argues that the board should be subject to temporal governance rules which embody the principles...
Article
This article concerns the Malaysian case of Arab-Malaysian Finance Bhd v Taman Ihsan Jaya Sdn Bhd.On July 18, 2008, Abdul Wahab Patail J. of the Malaysian High Court in Kuala Lumpur decided that the Islamic financing facility of Al-Bai' Bithaman Ajil as offered by Islamic banks in Malaysia is contrary to the provisions of the Islamic Banking Act 19...
Article
This article highlights the types of Sharia-compliant financial instruments that comprise equity and debt instruments. Specifically, it discusses mudaraba, musharaka, murabaha, bai' bithaman ajil, ijara, bai' salam, istisna', bai' al-‘ina, tawarruq, bai’ at-tawliya and qardh-al-hasan. It also briefly touches upon Sharia-compliant securitisation tha...
Article
This article is a brief explanation of Shari'a, which forms the root of Islamic finance. It is then followed by an explication of the fundamental principles of Islamic finance which include the prohibition of riba, gharar and maisir. Finally, this article discusses three types of key financial institutions that are operating in the contemporary Isl...
Article
This article discusses one amidst the many distinct features of contemporary Islamic finance, namely the practice where each financial institution which offers Islamic financial products and services has its own Shari'a Supervisory Board. This article highlights the resulting problems as well as the potential problems that arise out of the said pra...

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