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Islamic finance disputes are sometimes presented as conflicts between religious principle and commercial law. In practice, courts and arbitral tribunals must identify the actual contracts, governing law, statutory framework and legal rights claimed. General appeals to Shariah compliance cannot substitute for.
Investors in sukuk often expect asset-linked protection, while commercial documentation may create rights that resemble contractual payment obligations more than direct recourse to underlying property. The distinction matters when an issuer or obligor defaults and investors seek.
Murabaha financing is commonly described as a cost-plus sale, but its legal substance depends on a genuine sequence of acquisition, ownership and sale. A facility cannot be properly assessed by replacing the word interest with profit while leaving the contractual transaction otherwise.