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Title:	A legal framework for the credit card transaction a proposal for Iraq
Authors:	Mohammed Jassem Mohammed (P48950)
Supervisor:	Rahmah Ismail, Assoc. Prof. Dr.
Keywords:	Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia Credit cards (Islamic law)
Issue Date:	25-Oct-2012
Description:	The discussion on credit card encompasses a variety of issues, which has triggered wide jurisprudential controversy to the conventional and Islamic law. The basis of this argument lays in the nature of the card credit transaction. The introduction of payment card was acceptable in conventional or Islamic jurisprudence however, the transformation of two-party payment card scheme to a three-party credit card scheme created the doctrinal controversies among the two disciplines. The credit card began to enter the Iraqi market remarkably because of its fast payment and safe from loss or theft. However, the Iraqi traditional legal frameworks are inadequate to keep pace with the development of credit card transactions. Thus, there are no legislations or legal provisions governing the mechanism of credit card used and transaction. The lacuna in the law has led to the emergence of unlawful transactions by the consumers. As a result, the credit card system is exposed to unfair conditions and practices. The objectives of the research are to study the legal framework of the credit card transaction from the conventional and Islamic perspectives and to propose the legal framework for credit card transaction for Iraq. The study concentrates on the legislations of the United States and the United Kingdom for the conventional studies. In contrast, the Islamic jurisprudential analysis investigates the legal nature and relationships of credit card transaction. The study has found that there are two approaches in identifying the legal nature and relationships of credit card transactions. The first approach analyses the transaction of credit card system while the other examines the relationship that arising from the transaction. Based on the comparative analyses of both disciplines, conventional and Islamic, the two approaches elucidated that the nature and relationship of credit card transactions are either in the form of loan contract, assignment, and guarantee or agency contract. In determining the suitable legal framework of credit card transactions in Iraq, the Law of Commerce No. 30 of 1984, the Banking Law No. 94 of 2004, Central Bank Law No. 56 of 2004 and Civil Law No.40 of 1951 are studied and analysed. The research is a pure legal doctrinal research which adopted the content analysis method in studying the provisions of the relevant laws and sources of Islamic law. The analytical and critical, jurisprudential, historical and comparative approaches are adopted in justifying the suitable legal framework for credit card transactions. This study in sum made a proposal for modifications to the Law of Commerce No. 30 of 1984 to be a suitable legal framework for credit card transaction for consideration by the legal and financial authorities in Iraq.,Certification of Master's / Doctoral Thesis" is not available
Pages:	410
Call Number:	C62.JAS 2012 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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