Company law and corporate governance in Malaysia- harmonisation of Shariah and the common law
The last two decades have seen prolific company law reform and corporate governance transformation internationally. The changes have been attributed to various factors ranging from changes to shareholding demographics, the growth and impact of technology on corporate law and practice to new business...
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| Main Authors: | , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
Routledge, Taylor & Francis
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/72581/1/routledge%20hbook%20%281%29.pdf http://irep.iium.edu.my/72581/ https://www.routledge.com/Routledge-Handbook-of-Corporate-Law/Tomasic/p/book/9781138786899 |
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| Summary: | The last two decades have seen prolific company law reform and corporate governance transformation internationally. The changes have been attributed to various factors ranging from changes to shareholding demographics, the growth and impact of technology on corporate law and practice to new business and investment models. An added dimension to corporate law and governance reform is the growth of Islamic capital market and the Islamic financial services industry. This development has intensified interest about Shariah or Islamic principles in commerce particularly its interaction with conventional company law and practice.
This chapter analyses how and to what extent Shariah principles in commerce are considered in modern company law within a common law jurisdiction. The analysis is posited within the legal and regulatory framework of Malaysia which has a strong common law tradition but has developed Islamic commercial law parallel to the common law as exemplified in its Islamic capital market and Islamic financial services sector. |
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