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Mal meaning

What does Mal mean?
In Islamic finance documentation used in UK and Irish legal practice, mal (Arabic: māl) describes property or wealth: assets with monetary value that can be owned, possessed and transferred. It is not a statutory term in the UK or Ireland; its meaning is drawn from classical Islamic jurisprudence and, in practice, from any Sharia standards or Sharia supervisory board rulings incorporated into the contract (for example, AAOIFI standards). Typical usage spans Sharia-referenced contracts of sale (bay’), lease (ijarah), partnership (musharakah), agency (wakalah) and sukuk structures. Mal commonly includes money, goods, commodities and usable rights or benefits that are capable of lawful possession and transfer; items prohibited under Sharia are excluded. Identifying whether something is mal can affect contract validity, the characterisation of consideration (including riba issues), asset sufficiency for sukuk and true sale analysis, and the drafting of security and enforcement provisions. Across England & Wales, Scotland, Northern Ireland and Ireland, usage is broadly consistent. Interpretation is a matter of contract: the governing law (English, Scots or Irish) applies to enforceability, while any incorporated Sharia requirements inform what the parties mean by mal. The term should not be confused with the English-language prefix “mal-” (as in malfeasance), which is unrelated.
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View the related Practice Notes about Mal

PRACTICE NOTES
Bai Salam (Shari'ah-compliant forward sale): structure, required elements, parallel contracts, excluded assets, delivery and security, variation/termination, and distinctions from istisna'a, futures and short-selling

Terminology In bai salam arrangements, the purchaser is known as the rabb-us-salam, the vendor as the muslam ilaih, the agreed price as the ra’s-ul-mal, and the underlying item as the muslam fih. Owing to the historic foundations of Shari'ah principles—and the jurisprudence informing bai salam—the language largely centres on commodities, particularly within agriculture. As contemporary Shari'ah structures have broadened to suit a wider range of situations, this Practice Note will therefore use ‘assets’ rather than ‘commodities’. It should be noted that not every asset is suitable for a bai salam arrangement (see the section on ‘Excluded assets’ below). The roots of bai salam reach back to the earliest Islamic era, created to assist farmers and agricultural labourers who needed funds to cultivate crops and deliver the harvest. Bai salam is also commonly termed bay salam, bai al-salam, bay al-salam, or simply salam. Impact of differing Shari'ah schools of thought and scholars: a number of Shari'ah-compliant transactions, particularly those that have been in operation for a significant amount of...

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PRACTICE NOTES
UK Banking, Finance, Capital Markets, Derivatives and Insolvency Law Glossary including Islamic finance

Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...

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PRACTICE NOTES
Macau arbitration awards: form, content, recognition, enforcement, provisional measures and annulment under the Macau Arbitration Law, Civil Procedure Code and the New York Convention

Form and contents of award Under the Macau Arbitration Law (MAL, art 64.1), an arbitral award must be set out in writing and bear the signature of the arbitrator or arbitrators. Where there is a panel, the signatures of a majority of its members are adequate, so long as the absence of any signature is explained (MAL, art 64.2). Regarding what the award must contain, the law sets two core duties for the arbitrator(s): They must explain the grounds for the decision, unless the parties have agreed that no reasons are to be provided, or the award records an agreement reached by the parties under MAL article 63. They must state the date of the award and the place of arbitration, in line with MAL article 49(1) and (2). Further statutory obligations apply, including the duty to notify the parties. Once the award has been issued, a copy signed by the arbitrator or arbitrators in accordance with articles 64...

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