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Islamic Finance

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A recent judgment by the Dubai Court of Cassation has concluded that for a contract to be Shari’a compliant, an Islamic bank or financial institution is required to do more than just to name that contract as a Murabaha contract (Cassation Appeals Nos. 898-927/2019). The Court of Cassation ruled that a Murabaha contract has to meet certain objective criteria to be considered as Shari’a compliant. These criteria are subject to review by the court and,…

Baker McKenzie advised Al Sharkiyah Sugar Manufacturing Company (Al-Nouran) as  borrower in connection with the restructuring and top up of a senior Islamic Istisn’a facility and working capital facility to finance the operations of its beet sugar factory in Al Sharqia Governorate of Egypt. The financing was provided by a banking consortium led by Banque Misr.

The UAE has enhanced the authority of the Central Bank over the licensing and regulation of all financial institutions and their activities in the UAE, with the issuance by Decree of Federal Law No. (14) of 2018 (the Central Bank Law). This effectively repeals and replaces the Central Bank Law of 1980 (the 1980 Law), which has become out of date and no longer adequately caters to the needs of the highly complex financial industry, which has developed tremendously over the last 40 years.