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Theses

La création d'un droit bancaire islamique

Abstract : This thesis on "the creation of an Islamic banking law" provides a global perspective of this phenomenon. Looking upon history, economics and law, this essay plans to study these Islamic banking techniques in the socio-cultural context governing at their emergence particularly in terms of relations between the Occident and the Islamic Orient.First, based on the study of classical Islamic law, this work analyses the substratum that has allowed the development of Islamic banking by, on the one hand, the study of the major banking concepts and on the other hand, the evolution of the Muslim world as centuries go by. Then, the analysis turns to the legitimization of modern Islamic banking techniques by comparison with classical Islamic contracts. This leads this study to the various models of Islamic banks, in order to highlight the differences with regard to religious, political and economic issues, but also to show that today's perspective move towards their uniformity. The last part of the study seeks to explain the relationship between Islamic banking law and positive law in the countries where it is incorporated. Furthermore, in Occident, the analysis distinguishes France and the Common law countries whose history shows the influence on the legal systems of Muslim countries. In the Muslim world, Morocco and Saudi Arabia, two countries whose banking systems are respectively stemming from Civilian law and Common law, are subject to a specific study. The developments come to an end by the confrontation of norms and values raised by the introduction of Islamic banking techniques in the international financial system.All the analysis proposed in this study supports the theory of the difficulty faced by these banking techniques to find consistency between the desire to be part of the religious tradition of Islam and the pursuit of economic efficiency.
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Michaël Moaté. La création d'un droit bancaire islamique. Droit. Université de La Rochelle, 2011. Français. ⟨NNT : 2011LAROD027⟩. ⟨tel-00753035⟩

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