
Born in 1946 in Nablus, Palestine, H.E. Dr. Nazih Hammad obtained a bachelor’s degree in Sharia from Damascus University in 1967, a master’s degree from Baghdad University in 1970, and a Ph.D. with first honours from Cairo University’s Faculty of Dar Al Uloom, in 1973, the field of Contracts and Financial Transactions in Comparative Islamic Jurisprudence, entitled “Rulings of Qabd (Taking Possession) in Contracts in Islamic Jurisprudence.” His Eminence held served in significant positions, as a professor of Islamic jurisprudence and its fundamentals at the College of Sharia for seventeen years; chairman of the Sharia Supervisory Board of Minhaj Consulting Company in Islamic Finance in Dubai, Chairman of Sharia Board of Citi Islamic Investment Bank in Bahrain, Chairman of Sharia Board of the Fund Islamic Investment Limited, Chairman of Shariah Board of the Takaful Company in Dubai. His Eminence has also served as a member in Oasis Islamic Trust in UK, Al Fanar Holding Company in Britain, and the Islamic Leasing Fund in Australia and New Zealand. His Eminence authored several books, including Perspectives of Fiqh in the Development of Islamic Banking, Compensation for Commitment in Islamic Jurisprudence, How to Determine Wages and its Applications in Contemporary Labor and Leasing Contracts, Contemporary Fiqh Issues in Finance and Economy, Taking Possession in Contracts in Islamic Jurisprudence (Dar Al Bayan Library PhD thesis), and a Glossary of Financial and Economic Terminology According to the Language of Islamic Jurists. As a member of the International Islamic Fiqh Academy, H.E. Dr. Nazih Hammad has represented the Islamic community in Canada, and has participated as a researcher, commentator, and speaker in its various sessions and seminars.
Books and Research
Books
- Dictionary of Financial and Economic Terminology in the Language of Jurists.
- Sharia Principles and Their Relationship to the Jurisprudence of Public Interests.
- The Rulings and Virtues of Jihad.
- The Theory of Guardianship (Wilayah) in Islamic Sharia.
- Changes in Currency and the Jurisprudential Rulings Related Thereto in Islamic Law.
- Contemporary Jurisprudential Issues in Finance and Economics.
- Jurisprudential Studies [Qunut, Lost Property (Luqatah), Migration (Hijrah), Reconciliation (Sulh), Promise (Wa‘d), and Possession (Qabd)].
- Islamic Jurisprudence of Contemporary Financial and Banking Transactions: A New Reading.
- Contemporary Jurisprudential Developments in Islamic Banking.
- Highlights of Contemporary Jurisprudential Developments: The Islamic Banking Industry.
- Possession in Contracts in Islamic Jurisprudence.
- Adhesion Contracts in Islamic Jurisprudence.
- The Salam Contract in Islamic Sharia.
- The Loan Contract in Islamic Sharia.
- The Deposit Contract in Islamic Sharia.
- Sale of Debt for Debt (Bay‘ al-Kali’ bi al-Kali’).
- Sharia Rulings on Sexual Relations.
- Prohibited and Impure Substances in Food and Medicine.
- Studies on the Foundations of Debt Obligations in Islamic Jurisprudence.
- The Theory of Binding Promise in Financial Transactions.
- Compensation for Commitments in Islamic Jurisprudence.
- Composite Contracts in Islamic Jurisprudence.
Research Papers
- Financial Engineering in Islamic Banks.
- The Permissibility of Charging a Fee for a Guarantee in Islamic Jurisprudence.
- The Ruling on Indexing Rent in Lease Contracts of Tangible Assets to Interest Rate Benchmarks.
- Leasing an Asset to Its Seller, Explicitly or Implicitly.
- Sharia Measures for Compelling a Delinquent Debtor to Repay and the Invalidity of Financial Compensation for Delay Damages.
- Prior Arrangement to Execute Multiple Contracts in a Single Transaction.
- Judicial Enforcement of Promises in the Jurisprudence of Financial Transactions: Foundations and Principles.
- Commitment in Financial Transactions: Its Nature and Causes.
- Hedging in Currency Exchange Transactions.
- Fulfillment of Promises in Islamic Jurisprudence: Analysis of Texts and Terminological Considerations.
- Tawarruq: Its Rulings and Contemporary Applications.
- The Rulings on Interest-Based Transactions between Muslims and Non-Muslims in Contemporary International Relations.
- Dependency (Taba‘iyyah).
- Leasing an Asset to Its Seller.
- Liability of Investment Partners and Investment Agents: Theory and Practice.
- Reflections on the Study “Trading Shares of Companies and Units of Funds Containing Debts and Cash”.
- Salam Contracts at the Price Prevailing on the Delivery Date.
- The Validity of Conditional Liability on a Trustee’s Hand in Islamic Jurisprudence.
- Pledging Debts and Bonds in Islamic Jurisprudence.
- Banking Benefits Granted to Current Account Holders.
- The Principle of “Changes in Rulings Due to Changes in Circumstances”.
- Combination of Contracts in a Single Transaction in Islamic Jurisprudence (Kuwait Finance House).
- Set-Off between Credit and Debit Interest and Its Difference from Exchange of Loans (Al-Baraka Annual, Issue 4).
- Conditional Stipulations in Gift and Sale Contracts and Their Impact on the Development of Murabaha-to-the-Purchase-Orderer and Ijarah Muntahia bi al-Tamlik Structures.
- Jurisprudential Characterization of the Company Underlying the Diminishing Partnership Structure: Co-Ownership or Contractual Partnership?
- Jurisprudential Characterization of Shares in Joint-Stock Companies.
- The Impact of the Distinction between Natural and Legal Personality on Jurisprudential Rulings Regarding Developments in Islamic Banking.
- Debt Restructuring (Qalb al-Dayn) and Related Jurisprudential Rulings in Islamic Law.
- Shifting the Burden of Proof in Claims of Negligence and Misconduct in Mudarabah and Investment Agency Contracts to Trustees.
- Methods for Determining Wages in Traditional and Contemporary Employment and Lease Contracts.
- Prior Arrangement for Concluding Multiple Contracts and Promises.
- Promise in Islamic Sharia: Foundations and Principles.
- Obligations in Islamic Sharia.
- Foreign Exchange Issues in Treasury Operations and Cross-Border Transfer of Funds in Islamic Jurisprudence.
- Deferment of Both Countervalues in Financial Exchanges.
- Fungible and Non-Fungible Property and Their Relationship to Shares.
- Unallocated Gold Accounts.
- Sharia Solutions to Issues in Banking Mudarabah Contracts.
- Actual and Constructive Possession: Rules and Applications in Islamic Jurisprudence.
- Deferred-Payment Sales: Documentation of Debt in Islamic Jurisprudence.
- Salam Contracts and Their Contemporary Applications.
- Contemporary Contracts: Their Governing Principles and Examples.
- Sale of Debt: Rulings and Contemporary Applications.
- Unsecured Credit Cards.
- Diminishing Partnership and Its Rulings in Light of Contemporary Contracts.
- Leasing a Leased Asset.
- The Jurisprudential Issue of “Include Me as a Partner and I Will Sell for You.”
- The Jurisprudential Issue of “Manumit Your Slave on My Behalf and I Shall Pay Its Price.”
- The Jurisprudential Issue of Sale with an Option of Substitution.
- The Jurisprudential Issue of the ‘Umariyyah Formula in Tree-Cultivation Partnerships (Mugharasah).
- Issues in Tax-Farming and Revenue Collection Contracts (Two Papers).
- The Jurisprudential Issue of Sharecropping with Wages.
- Mudarabah for the Production of Goods (Two Papers).
- Issues in Tree-Cultivation Partnerships (Mugharasah).
- Leasing an Asset to Its Seller.
- Liability of Investment Partners and Investment Agents: Theory and Practice.
- The Issue of Selling a Farmer’s Share of Agricultural Produce.
- Leasing Shares.
- Trading Shares of Companies.
- Salam Contracts at the Price Prevailing on the Delivery Date (Studies and Commentaries).
- An Agent Purchasing from Himself (Two Papers).
- Wujuh Partnership (Credit Partnership).
- The Jurisprudential Issue of “Reduce and Accelerate Payment”.
- Liability of a Partner in Purchasing Transactions.
- Maintenance Expenses in Mudarabah Contracts (Two Papers).
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