Research Handbook on Secured Financing in Commercial Transactions
Edited by Frederique Dahan
Chapter 4: Implementing Shari’ah-compliant collateral security regimes: Select issues
Michael J. T. McMillen
Abstract
The chapter looks at how to implement Shari’ah-compliant collateral security regimes for securing obligations. The chapter goes through the fundamentals of Shari’ah law and examines how to manage them for secured lending. It then goes on to cover specific issues, such as second and subsequent liens, secured debt, proceeds, types of collateral and remedies. It shows that seeking compatibility between secured lending and Islamic finance is challenging but far from impossible.
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