Academic literature on the topic 'Money laundering (Islamic law)'

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Journal articles on the topic "Money laundering (Islamic law)"

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Marzuki, Ismail. "MELUMPUHKAN TINDAK PIDANA PENCUCIAN UANG DENGAN HUKUM PIDANA ISLAM." Wajah Hukum 1, no. 1 (February 1, 2018): 1. http://dx.doi.org/10.33087/wjh.v1i1.12.

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The phenomenon of money laundering crime (money laundering) lately more andmore the case. Because through the channel of money laundering, the perpetrators increasingly exist run many actions a crime. This is due to the material or their proceeds of crime property as the spirit of the live action wicked behavior they can be hidden with a neat, and can be put to good use because it looked legitimate sourced. These conditions if left, certainly much cause any harm to society. Moreover, if such money laundering crimes reviewed philosophically in Islamic law (Sharia ash-trends). Regard posed obvious greater than maslahahnya. Therefore, the outstanding strategies needed to cripple or eradicate the behaviour a criminal offence of money laundering.Keywords: Money Laundering, Islamic Law, Eradication Strategies
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Surasa, Ais. "PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM ISLAM." Tatar Pasundan : Jurnal Diklat Keagamaan 14, no. 2 (December 1, 2020): 190–98. http://dx.doi.org/10.38075/tp.v14i2.38.

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This research aims to find out the conditions of corporate criminal liability in money laundering offences based on Islamic law perspective. This research uses library research methods. The results concluded that corporate criminal liability conditions are stipulated in Article 6 of Law No. 08 year 2010, which contains that a person with money laundering will be 4 years or more in prisoned. Islamic law states that one who commits it, will be punished in return towards the actions of “jarimah” perpetrators (as the elements fulfilled). Thus, the criminal liability is a person who can experience a shift and accept the concept of harm through determining corporate’s liability. It is because the will-have impact is greater than any crimes executed by individuals. As for the sanctions against corporations which committed money laundering are ta'zir (punishments). Keywords: Corporate Criminal Liability; Money Laundering; Islamic Law
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Driss, Bakhouya. "ANTI-MONEY LAUNDERING CRIMES IN ISLAMIC LAW COMPARED TO THE ALGERIAN AND INDONESIAN LAW." JURISDICTIE 7, no. 2 (February 1, 2017): 190. http://dx.doi.org/10.18860/j.v7i2.3716.

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<p><em> </em><em>Islamic law agreed with most modern laws on the seriousness of money laundering crimes, including Algerian law and Indonesia, despite the differences in regard to the methods which these crimes because of the different banking systems from one country to another on the one hand, because of the possibilities available to money launderers on the other.</em></p><p><em> This led to the need to pay special attention by the Algerian law and Indonesia in order to effectively provide for these modern criminal phenomena, it has resorted to the imposition of strict controls to combat the phenomenon is mostly derived from the provisions of Islamic Sharia.</em></p><p><em> Although the procedures and mechanisms that came in the Islamic Sharia and stipulated in the fight against money laundering in Algeria, Indonesia law, but many obstacles stand in the way without effective control of this crime along the lines of the principle of banking secrecy, which is an obstacle, often without disclosure of relevant financial transactions money laundering offenses.</em></p>
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Khoyini, Ghafoor, Hamid Masjed Sarayi, and Soheil Kabiri. "Money Laundering in Iran’s Law and International Document." Journal of Politics and Law 9, no. 5 (June 29, 2016): 257. http://dx.doi.org/10.5539/jpl.v9n5p257.

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<p>Money laundering or money laundering is a set of operations which transform the illegitimate and illegal property to legitimate and legal property and This phenomenon is one of transnational organized crime that has detrimental effect and impacts on the local and international level in the fields of social, political, economic and security and for this reason, many international conventions including the Vienna and the Palermo Convention have stressed to criminalize and combat it and in domestic law to combat money laundering as a crime have been considered by the law. In Jurisprudence (figh) there are verses, traditions and legal rules, which demonstrate criminalization of this phenomenon; this paper, in detail discussed this Jurisprudence reasons; as well as relationship of money laundering with Khums(one-fifth) of lawful property mixed with forbidden money and conflict of Criminalization of money laundering with some important Islamic legal principles such as The presumption of ownership and Possession of owner to his property have been pointed and investigated. So this study, analyzed the Jurisprudence foundations of the money laundering case and the prohibition of it has been concluded.</p>
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Sumadi, Sumadi. "Kasus Pencucian Uang Dalam Tinjauan Sistem Ekonomi Syari’ah." Jurnal Ilmiah Ekonomi Islam 3, no. 03 (November 30, 2017): 186. http://dx.doi.org/10.29040/jiei.v3i03.131.

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Money laundering basically involves assets (income / wealth) that is disguised so that it can be used without being detected that the assets derived from illegal activities. Money laundering through income or assets derived from illegal activity is converted into financial assets that appear to come from legitimate sources. The purpose of this study was to determine how the viewpoint of the Islamic economic system against money laundering, how to solve the problem. This study used a qualitative approach using literature. Results of the study were achieved, in which money laundering is a crime that is so damaging to the country as well, because it can affect or damage the national economy, especially the financial stability of the country. It is completely contrary to the purpose tasyri 'which prevent hazards and create benefits. Money laundering damage, loss, danger, while distancing the benefit of human life, reprehensible, and forbidden that can be called as a crime and in the context of Islamic law. Money loundering view of Islamic law on this money is part immoral acts which leave the required command and does something which is forbidden, where the act was imposed. Thus, the sentence in this case is not determined by the size or the level is, means to determine the lower and upper bounds left entirely to the judge. How to cite: Sumadi, s. (2017). Kasus Pencucian Uang Dalam Tinjauan Sistem Ekonomi Syari’ah. Jurnal Ilmiah Ekonomi Islam, 3(03), 186-192. doi:http://dx.doi.org/10.29040/jiei.v3i03.131
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Compin, Frederic. "Terrorism financing and money laundering: two sides of the same coin?" Journal of Financial Crime 25, no. 4 (October 1, 2018): 962–68. http://dx.doi.org/10.1108/jfc-03-2017-0021.

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Purpose The purpose of this paper is to analyse how terrorism financing can be assimilated with money launderning when the amounts ofmoney involved differ so markedly. Not only is the cost of financing terrorist attacks minimal compared to the huge sums often at stake in financial crimes, but also the psychological profile of terrorists, who are reclusive by nature, contrasts starkly with that of financial criminals, who are usually fully integrated members of society. When terrorism financing is equated with money laundering this represents a utilitarian approach in that it facilitates the creation of a security strategy and stifles criticism of criminogenic capitalismthat turns a blind eye to tax evasion. Design/methodology/approach The analysis is conceptual, focussing on the assimilation of terrorism financing with money laundering. There is an interview with a French magistrate, specialized in the fight against corruption and white-collar crime, and data have been collected from international organizations and scholarly articles. Findings The fight against money laundering and money dirtying has clearly sparked numerous controversies around evaluation, scope, criminal perpetrators and a lack of vital cooperation between administrative and judicial services. Social implications This paper raises questions about the reasons behind the linking of money laundering and money dirtying by states and players in public international law and why the fight against money laundering is very much overshadowed by their focus on terrorist financing in dealing with the growing threat of Islamic State, otherwise known as ISIS or ISIL, in the Middle East and West Africa. Originality/value The paper enables the reader to raise the question of similarities between the fight against money laundering and the fight against terrorism financing.
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Abdullah, Abdullah, and Muhammad Hatta. "The Application of the Burden of Proof Concept in Indonesia: A Comparative Study." SASI 28, no. 3 (October 13, 2022): 458. http://dx.doi.org/10.47268/sasi.v28i3.1045.

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Introduction: One of the reasons for a reverse proof system is the difficulty of proving the offenses committed by certain perpetrators of a criminal offense, such as corruption and money laundering. Thus, the government issues the legal policy to apply a reverse burden of proof to solve this problem.Purposes of the Research: This study aims to analyze the application of the reverse burden of proof in Indonesian and Islamic criminal law.Methods of the Research: This research is legalistic, doctrinal, or normative, using a comparative law approach to compare the application of a reverse burden of proof in Indonesian criminal law and Islamic criminal law.Results of the Research: The application of a reverse burden of proof in Indonesia is limited and balanced (balanced probability of principles) as regulated in Article 37 of Law no. 31 of 2019 in conjuction with Law No. 20 of 2000 concerning the Eradication of Corruption Crimes and Article 35 of Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In Islamic criminal law, the application of t a reverse burden of proof has long been carried out, as seen in Surah Al-Nisa verse 135 and the story of Prophet Yusuf's proof of Zulaikha's accusation in Surah Yusuf verses 24-29, and several hadiths of the Prophet Muhammad. These two legal systems are similar in terms of the application of a reverse burden of proof that is only applied to certain cases, such as corruption and money laundering. However, the difference is that the application of a reverse burden of proof in Indonesian criminal law is limited and balanced. In contrast, the principle of a reverse burden of proof against corruption cases in Islamic criminal law is absolute.
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Molaei, Ebrahim, Hossein Alekajbaf, and Mehdi Abasesarmadi. "The Activities of Iranian Supreme Audit Court in Confronting Money Laundering Emanating from INTOSAI's Strategies." International Letters of Social and Humanistic Sciences 18 (December 2013): 44–55. http://dx.doi.org/10.18052/www.scipress.com/ilshs.18.44.

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The initial results deriving from the Iranian membership in the taskforce in addressing corruption and money laundering are participation in the formulation of instructions to fight corruption by the INTOSAI followed by other countries, participation at the INTOSAI meetings and utilization of other countries' experiences in dealing with corruption, formation of a taskforce to fight money laundering in the national court of account and formulation and communication of the audit framework for the auditors of other countries to control and fight corruption and money laundering. Also, the Islamic Republic of Iran (National court of account), applying international experiences and in order to confront corruption and money laundering as well as financial crimes has embarked on promoting its technical-specialized knowledge of which one can refer to adopting a performance audit approach, reviewing the instructions, formulating the audit instructions, promoting the quality, implementing the electronic supervision, pathology of rules and regulations, supervising privatization in order to prevent the inflow of money with suspicious origin towards the economy. Furthermore, the national court of account, while prosecuting and punishing law and financial instructions violators, facilitating money laundering, presents the report on the budget bill followed with its views to the Islamic council parliament including an assessment of the impacts of the law on different related and interested groups, and attempts to provide some financial discipline. In fact supervision procedures of this organization in terms of the broad discretion in the field of financial supervision, contribute highly to the accomplishment of the financial transparency and some other networks in particular like banking, custom and tax networks. Especially, the supreme coordination council of the national supervision branches is chaired by the head of the court of account.
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Nobanee, Haitham, and Nejla Ellili. "Anti-money laundering disclosures and banks’ performance." Journal of Financial Crime 25, no. 1 (January 2, 2018): 95–108. http://dx.doi.org/10.1108/jfc-10-2016-0063.

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Purpose The purpose of this paper is to explore the extent of anti-Money laundering (AML) disclosures in the annual reports and websites by differentiating between UAE Islamic and conventional banks, and examine the effect of AML disclosure on UAE bank’s performance. Design/methodology/approach This study uses content analysis to explore the extent of AML disclosure in the annual reports and the dynamic panel data two-step robust system to study the impact of the AML disclosures on banking performance. Findings The findings show that AML disclosure is at a low level for all UAE banks, conventional and Islamic banks. The results also show that the degree of AML disclosure on the websites of the banks is higher than that in the annual reports. Research limitations/implications The sample for this study comes only from banks traded on UAE markets. Thus, the results may not be generalizable to banks traded on other financial markets. Practical implications Because of the cross-border character of the money laundry practices, our study suggests the UAE central bank to internationalize the AML regulations and develop an international AML regime as efforts to respond to the international development of the money laundry practices. Originality/value This is the first study that develops an index to measure the AML disclosure and contributes significantly in providing greater insight in respect to AML disclosure in banking industry within the emerging markets.
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Hatta, Muhammad. "Ratio Legis Penerapan Beban Pembuktian Terbalik Di Indonesia." Istinbath : Jurnal Hukum 18, no. 1 (June 30, 2021): 76–103. http://dx.doi.org/10.32332/istinbath.v18i1.3288.

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The reverse proof is the burden of proof to the suspect of a crime. In principle, the application of the reversed burden of proof is against the universal law of proof and is not following the presumption of innocence. However, the reverse burden of proof contained in the Law on the Eradication of Criminal Acts of Corruption, and the Law on the Prevention and Eradication of the Crime of Money Laundering, with a Legis Ratio of the two types of crimes classified as white color crimes, and extraordinary crimes, is right. Because it can be ascertained that, when the verification process takes place, law enforcement will have difficulty in proving the guilt of the perpetrators of the crime. In Indonesia, the application of the reverse burden of proof is applied to corruption and money laundering crimes which are limited to the Eradication of Corruption Crimes and Money Laundering Crimes. In Islamic law, the application of the reverse burden of the proof system is included in the ta'zir category which is based on government policy (ulul amri). The inverse burden of proof system is implied in the Qur'an, Surah Yusuf, Verses 26-29. However, in applying the reverse proof system, the jurists use istihsan in making ijtihad on contemporary social problems. Thus, both in the perspective of general law and Islamic law, the reverse proof is something that is specifically allowed, for criminal cases where it is estimated that there will be difficulties in proving it. Keywords: Ratio Legis Reverse Proof System, Indonesia, Comparative Legal Study
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Dissertations / Theses on the topic "Money laundering (Islamic law)"

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Amali, Mohammed O. "Curbing money laundering : global reception and implementation of international anti-money laundering standards : a case study on Nigeria." Thesis, University of Huddersfield, 2016. http://eprints.hud.ac.uk/id/eprint/31396/.

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Anti-Money laundering legislation has become a major global issue, with nations and organisations under pressure to adhere and comply with strict control measures in place. The United States post 9/11 in league with other big Nations have been at the forefront of strict Anti-Money laundering initiatives, but a fair question to ask is how well the system is really doing? The implementation of the global AML framework is dependent upon the compliance of individual states, thereby making the presence of an adequate legal and institutional framework at national level a requisite requirement for an effective Anti-Money laundering system. Despite the incorporation of strict Anti-Money Laundering regulations into Nigerian laws, the misappropriation of Nigerian moneys, notably by public officials, has continued unabated. While the need for a concise and unambiguous harmonisation of international regulations cannot be overemphasised, and despite the concerted efforts in this regard, a trans-jurisdictional review by this researcher of both primary and secondary sources like conventions and academic literature have unearthed conceptual, legal, regulatory problems, as well as a seeming desire for theoretical, rather than practical compliance. In other words, global AML efforts seem more academic than practical. Accordingly, legal and regulatory reforms to International Anti-Money laundering initiatives can only be achieved with a proper appreciation of the culture and unique peculiarities of the receptive jurisdiction where emphasis is placed on the local environment rather than a mere response to International requirements for the sake of it. International AML regulations, and within this context, the FATF recommendations are meant for universal application, traversing the distinct quirks of diverse cultures, but the test here is its suitability or otherwise to the socio-cultural, political, economic and legal realities of Nigeria. The fleecing of Nigerian public moneys most notably by public officials has continued unabated despite the incorporation of strict AML laws.
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Durrieu, Roberto. "Rethinking money laundering offences : a global comparative analysis." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:a9511b88-fec2-40ce-86ec-e5ef380cb0ca.

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Since the late 1980s, efforts made by the international community to deal with the complex and global problem of money laundering have stimulated the creation and definition of the so-called 'international crime of money laundering', which is included in various United Nations and Council of Europe international treaties, as well as European Union Directives. The Central purpose of this thesis is to investigate if the main goal of effectiveness in the adaptation of the international crime of money laundering at the domestic level, might undermine other values that international law is seeking to protect, namely the guarantee of due process and the adequate protection of human rights principles. Then, if the adoption of any element of the crime shows to be inconsistent with civil rights and guarantees, to propose how deficiencies could be remedied.
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Lester, Zo�� Ruth. "Anti-money laundering : a risk perspective." Phd thesis, Faculty of Economics and Business, 2010. http://hdl.handle.net/2123/8618.

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Jiang, Hua. "Money laundering control in Macau gaming industry." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147560.

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Gololobov, Dmitry. "The Yukos case : the new dimension in money laundering cases." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1789.

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The Yukos case is known for its unprecedented character and complexity as a Russian corporate, tax and money laundering case. It continues to raise political and legal problems, both domestically and internationally, and has already become a symbol of the contemporary Russian political regime. This dissertation analyses in detail the criminal and corporate aspects of the case, and focuses mainly on the reasons for, and the development and implications of the embezzlement and money laundering case, which is known as the backbone of the Yukos Affair. The thesis is primarily based on a comparative analysis of the international academic findings, case law and the Russian data on the case. The dissertation also discusses in detail the political nature of the Yukos Affair, whilst attempting to show the substantive aspects of case. The findings of the dissertation highlight new types of risk that result from the politically motivated application of Russian anti money laundering legislation to the activities of the international corporate groups, which has been enacted on the basis of the internationally recognised principles. The paper also describes the nexus between the corporate tax evasion schemes, which have been widely used in Russia, and money laundering risks for corporations. Such a situation creates potentially unavoidable criminal risks for all corporate groups that have functioned in Russia over the recent decade. The thesis shows that the corporations, which invest directly and indirectly in the Russian economy, must be aware of the politically driven corporate criminal risks, which quite commonly are not reflected in the corporate disclosure data, and remain unnoticed by the investors. The paper is unique as reflects the personal experiences of the author as the longterm leading lawyer to the Yukos group and as the consultant on the Yukos-related cases.
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Sittlington, Samuel Brian Kerr. "What are the factors that influence the effectiveness of anti-money laundering policy implementation in the UK? : exploring money laundering crime and policy." Thesis, Northumbria University, 2014. http://nrl.northumbria.ac.uk/36465/.

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Anti-Money Laundering has become the term for many stakeholders including Financial Institutions and law enforcement agencies that attempt to prevent the movement of money obtained from criminal activity. This research combines two important areas within the money laundering arena: Anti-Money Laundering preventative measures and Anti-Money Laundering Policy. This study aims to discover significant determinants that influence the current anti-money laundering policy (AML) by understanding the relationship between criminal activity, stakeholder activity and public policy. This research adopts a pragmatic approach which embraces the use of mixed methods. The strategy using mixed method (triangulation) approach for data collection increase the rigor and robustness of the research in terms of exploration, validation and confirmation of findings. From a pragmatic perspective a better understanding of the research problem could be achieved that overcomes complexities in the context of the research, such as access to key stakeholders. The research question “What are the factors that influence the effectiveness of AML policy implementation in the UK?” is answered using a four phase approach to data collection and analysis that incorporates theme identification from literature, focus group interviews, survey questionnaire and verification of factors through individual participation. The findings of the research point to three areas of activity that could be confirmed as areas in which policy changes can be applied. These are ‘sentencing’ as a deterrent to crime; ‘reporting regime’ for suspicious activity reports, and ‘criminal knowledge’ based on law enforcement tactics’. The methods used also provided an abundance of additional material that set the findings in their appropriate environment.
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Buranaruangrote, Torsak. "The control of money laundering in emerging economics : the case study of Thailand." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1846.

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l'his study examines the problems faced in enforcing the criminal anti-money laundering measures. For this purpose, the laundering offence and confiscation measures, both domestically and internationally, are discussed and suggestions are made for methods of enforcing those measures in order to make effective the control of money laundering in emerging economies in general and Thailand in particular. In approaching this task, this thesis uses the UK and the US legislation and their case law as well as relevant international instruments as comparative reference points for identifying the problems in enforcement and for making suggestions thereto. The primary thesis is that states should design and enforce laundering and confiscation provisions in a manner that would overcome evidentiary problems relating to the proceeds of crime. Furthermore, states should provide for a flexible system of mutual assistance in confiscation matters that does not breach the legality principle. Both money laundering and confiscation measures target the criminal proceeds, which often originate in the form of "money". As money is fungible and has no specific identity, identifying it for the purpose of these measures is very difficult and, in some cases, even impossible. Unless these evidentiary problems are properly addressed, those measures would be ineffective. In relation to mutual assistance for confiscation purposes, many states have differences in ranges, approaches, and limitations on measures for investigation, preservation and confiscation. While those differences are only optional grounds for refusing assistance under the concerned international instruments, the provision of assistance in some cases is legally impossible, particularly due to the violation of the legality principle in the requested state. For the effectiveness of mutual assistance in confiscation matters, a system should therefore be structured in a way that makes it legal to provide assistance despite these differences. This study expounds this thesis in five chapters. Chapter I outlines the historical evolution of money laundering control. Chapters II and III examine the laundering offence and confiscation respectively. Chapter IV analyses international confiscation. In light of the fmdings in the previous chapters, Chapter V makes suggestions for the effective enforcement of the repressive measures in emerging economies more generally and in Thailand more particularly.
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Gerber, Thierry. "Money laundering - a comparative study between the law in Switzerland and in the U.S.A." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23311.

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In order to help the fight against organised crime, particularly drug dealing, the problem of money laundering has become more significant.
The various techniques used by money launderers are also subject of this thesis. Through the many ways utilised to launder money, it shows how difficult it is to pinpoint what action is on the border of legality and what is not.
These difficulties become more apparent when precise analysis is made of the law as applied in both Switzerland and the U.S.A.
Neither approach has proven successful. On the contrary, the question of constitutionality of many rules becomes relevant. Many authors do not find the application of the laws easy from the point of view of constitutional law.
The present thesis suggests to review the present laws and redefine them in a simpler manner which makes them acceptable internationally.
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Shams, El-Din Heba Mahmoud Mokhtar. "Globalisation as a legal problematic : balancing legal efficiency against legal principle : the case of money laundering." Thesis, Queen Mary, University of London, 2002. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1900.

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Over the relatively short period of the last three decades, an extensive body of law, both penal and regulatory, has developed in order to prevent and to control th1s seemingly burgeoning phenomenon of money laundering. Initial examination of this body of law immediately reveals that it is a legal order that pushes against the traditional frameworks of criminal justice. For example, this new legal order persistently rings "alarm bells" regarding its compatibility with such fundamental principles as the presumption of innocence, the principle of legality, the immunity against double jeopardy, and the rights to privacy especially financial privacy. It also blurs the public nature of policing, the prosecutorial burden of proof and the jurisdictional territoriality of criminal law. Its formation at the international level shows strong signs of supranationalism that challenges State sovereignty and the principle of consent in international law. This tension between money laundering law and traditional legal principles poses two related questions: (1) What is the reason for this apparent exceptionality of money laundering law?; and (2) How could the tension between law and principle be resolved? As conventional wisdom has it, understanding the law can-not be disassociated from its social context. Certainly, understanding money laundering law is only possible through an understanding of the process of social change that shaped it. During these past three decades "globalisation" characterised the process of social change that has been gathering momentum. It is this context that has instigated and shaped money laundering law. Globalisation has been propelled by both rapid technological innovation that rendered massive instantaneous communication possible as well as extensive processes of de-regulation and liberalisation. The combined effect of these developments was the emergence of non-state actors that operate across national borders and master substantial economic and informational power. Meanwhile, the State, as the primary agency of governance, has remained jurisdictionally territorial while becoming less dominantly powerful. Both features have resulted in a "governance crisis" and has turned globalisation into a "legal problematic. " The core thesis that emerges from this contextual analysis is that money laundering law is a response to globalisation as a legal problematic. As a solution, it employs six modalities of governance: de- glob alisation, extraterritorialisation, harmonisation, co-operation, privatisation and supranatinl-ql--,] -iq---ti,o, n, which are characterised by deviation from traditional legal principles. In terms of its modalities and their characteristics, money laundering law is not a unique response to the legal problematic. It is part of a current and general trend in legal governance. Resolving the tension between this trend and traditional legal principles is a two-way process that involves revising both the law and the principles. In presenting this thesis, the volume will be organised into seven chapters. Following ail introductory Chapter, Chapters Two and Three will analyse the legislative policy underlying money laundering law by conducting contextual and historical analysis. Chapters Four, Five and Six will expound upon the six modalities utilised by money laundering law to address the governance problem posed by globalisation. Finally, Chapter Seven will sum up the argument and suggest some direction for the future.
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Yakubu, Sirajo. "A critical appraisal of the law and practice relating to money laundering in the USA and UK." Thesis, Institute of Advanced Legal Studies, 2017. http://sas-space.sas.ac.uk/6697/.

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This thesis critically appraises the disruptive effect of the law and practice relating to ML in the US and the UK on money laundering. This thesis concludes that the law and practice relating to ML in both jurisdictions do not disrupt ML. This thesis consists of six chapters. Chapter 1 introduces this work. It is this chapter that provides the synopsis of the whole work chapter by chapter. Chapter 2 critically analyses the law relating to ML in the US, which includes the main ML statutes – BSA 1970, MLCA 1986 and the Patriot Act 2001. In addition, chapter 2 also critically analyses other US laws that have application in disrupting ML. Chapter 3 critically examines the law relevant to ML in the UK. This chapter critically appraises the AML law under POCA 2002 and under MLR, the proceeds of crime law under POCA 2002, as well as other alternative laws that can be used to disrupt ML. The CFA 2017 enacted in April amended POCA substantially. Thus, this Chapter also analysis the major CFA provisions. The analysis in Chapters 2 and 3 reveals the weak links in the main AML statutes and the limits of the other laws regarding their application to ML offences. Chapter 4 critically analyses the practice relating to ML in the US and UK. This chapter focuses on issues relating to AML compliance, which consists of a set of AML practices, which the law requires regulated persons to establish and maintain for the disruption of ML. Chapter 5 critically evaluates the effectiveness of the law and practice in disrupting ML and TF in both jurisdictions. Based on the analysis in chapters 2, 3, and 4, and also 4 based on the views of scholars in this field, Chapter 5 concludes that the AML law and practice do not disrupt ML and TF. The concluding chapter – Chapter 6 – first explores factors that militate against the law and practice relating to ML. It then suggests how (through the UWO and whistleblowing) the UK and US AML law could be strengthened. The law in both jurisdictions provides protection to whistleblowers. However, it is only the UK that has UWOs in its statute book. Even in the UK, the UWOs are just introduced by CFA 2017.
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Books on the topic "Money laundering (Islamic law)"

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Baqalī, Haytham ʻAbd al-Raḥmān. Ghasīl al-amwāl ka-iḥdá ṣuwar al-jarīmah al-munaẓẓamah: Bayna al-sharīʻah wa-al-qānūn al-muqāran. [Cairo]: Dār al-ʻUlūm lil-Nashr wa-al-Tawzīʻ, 2010.

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ʻUqaylī, Yāsir Fayḥān Nāyif. Sharḥ niẓām ghasl al-amwāl: Dirāsah tafṣīlīyah lil-aḥkām al-mawḍūʻīyah wa-al-ijrāʼīyah wa-dawr al-niyābah al-ʻāmmah wa-riʼāsat amn al-dawlah wa-muʼassasat al-naqd bi-mukāfaḥatih. [al-Riyāḍ]: Dār al-Taḥbīr lil-Nashr wa-al-Tawzīʻ, 2019.

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Samīrāt, ʻAbd Maḥmūd Hilāl. عملية غسيل الأموال: Bayna al-iqtiṣād al-Islāmī wa-al-iqtiṣād al-waḍʻī. ʻAmmān: Dār al-Nafāʼis lil-Nashr wa-al-Tawzīʻ, 2009.

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Ibrāhīm ibn Muʻtaq ibn ʻAbd Allāh Laḥyānī. al-Jarāʼim al-iliktrūnīyah al-mutaʻalliqah bi-ghasl al-amwāl: Dirāsah fiqhīyah muqāranah. al-Qāhirah: Dār al-Kitāb al-Ḥadīth, 2022.

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Jiddāwī, Ḥamdī Muḥammad Aḥmad. Ghasl al-amwāl ʻabra al-intirnit: Dirāsah muqāranah bayna al-qānūn al-waḍʻī wa-al-sharīʻah al-Islāmīyah. al-Jīzah: Markaz al-Dirāsāt al-ʻArabīyah lil-Nashr wa-al-Tawzīʻ, 2022.

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Minshāwī, Muḥammad Aḥmad. al-Qānūn al-jazāʼī al-khāṣṣ: Jarāʼim al-taʻzīr al-munaẓẓamah fī al-Mamlakah al-ʻArabīyah al-Saʻūdīyah. al-Riyāḍ: Dār al-Kitāb al-Jāmiʻī lil-Nashr wa-al-Tawzīʻ, 2019.

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United, States Congress Senate Committee on Banking Housing and Urban Affairs Subcommittee on International Trade and Finance. The role of charities and NGO's in the financing of terrorist activities: Hearing before the Subcommittee on International Trade and Finance of the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Seventh Congress, second session on examining the scope of the current problem; steps the administration has taken to curb the diversion of charitable funds to terrorist organizations; ways to curtail the flow of money from foreign and U.S.-based Islamic charities to terrorist organizations; and what additional tools are necessary for law enforcement to identify and cut off terrorist financing networks, August 1, 2002. Washington: U.S. G.P.O., 2003.

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Board, Auditing Practices. Money laundering. [S.l.]: Auditing Practices Board, 1997.

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Bennett, Tim. Money laundering compliance. 2nd ed. Haywards Heath, West Sussex: Tottel Pub., 2007.

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Bennett, Tim. Money laundering compliance. 2nd ed. Haywards Heath, West Sussex: Tottel Pub., 2007.

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Book chapters on the topic "Money laundering (Islamic law)"

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Masciandaro, Donato. "Money Laundering." In Encyclopedia of Law and Economics, 1444–48. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_69.

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Masciandaro, Donato. "Money Laundering." In Encyclopedia of Law and Economics, 1–6. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-7883-6_69-1.

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Masciandaro, Donato. "Money Laundering." In Encyclopedia of Law and Economics, 1–5. New York, NY: Springer New York, 2021. http://dx.doi.org/10.1007/978-1-4614-7883-6_69-2.

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Ebikake, Emmanuel. "Money Laundering." In International Anti-Money Laundering and Soft Law, 39–66. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003375432-3.

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Harrison, Karen, and Nicholas Ryder. "Money laundering." In The Law Relating to Financial Crime in the United Kingdom, 11–51. 3rd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003091431-2.

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Kokkinis, Andreas, and Andrea Miglionico. "Money laundering and terrorist financing." In Banking Law, 179–200. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-12.

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Benson, Katie. "Money Laundering, Anti-Money Laundering and the Legal Profession." In The Palgrave Handbook of Criminal and Terrorism Financing Law, 109–33. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-64498-1_6.

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Ebikake, Emmanuel. "Preventive Anti-Money Laundering Control." In International Anti-Money Laundering and Soft Law, 116–64. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003375432-5.

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Ebikake, Emmanuel. "Repressive Anti-Money Laundering Control." In International Anti-Money Laundering and Soft Law, 67–115. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003375432-4.

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Marín, Gonzalo Rodríguez. "Anti-money laundering from the Islamic perspective in the digital era." In Islamic Fintech, 114–26. Abingdon, Oxon ; New York, NY ; Routledge, 2021. | Series: Islamic business and finance: Routledge, 2021. http://dx.doi.org/10.4324/9781003014614-10.

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Conference papers on the topic "Money laundering (Islamic law)"

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Hermanto, Tjotjoe, and Faisal Santiago. "Money Laundering Criminal Justice System." In Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.6-3-2021.2306191.

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Truntsevsky, Yuri, and Stanislav Dolganov. "Anti-Money Laundering by Restricting Financial Transactions." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010625100003152.

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Andrikasmi, Sukamarriko, Syaifullah Yophi Ardianto, and Gusliana H. B. "Application of Law Enforcement Narcotics Criminal Action with Money Laundering." In 2nd Riau Annual Meeting on Law and Social Sciences (RAMLAS 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220406.007.

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Yusuf, Hudi, and Suparno Suparno. "New Model Money Laundering Through Famous Artists." In Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.6-5-2023.2333544.

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Makmur, Kartini, and Ahsanul Minan. "Money Laundering/Financing of Terrorism Risks in the Indonesian Islamic Banking System." In Proceedings of the 3rd International Conference of Islamic Finance and Business, ICIFEB 2022, 19-20 July 2022, Jakarta, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.19-7-2022.2328202.

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Bahreisy, Budi, Bismar Nasution, and Ediwarman. "The Relationship between Money Laundering Law and Criminal Act of Corruption." In International Conference on Multidisciplinary Research. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0008884303040309.

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Kastubi. "Prevention of Money Laundering Criminal Act in Overcoming Corruption Criminal Act." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.076.

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Thommandru, Abhishek, Varda Mone, Sugana Mitharwal, and Rahul Tilwani. "Exploring the Intersection of Machine Learning, Money Laundering, Data Privacy, and Law." In 2023 International Conference on Innovative Data Communication Technologies and Application (ICIDCA). IEEE, 2023. http://dx.doi.org/10.1109/icidca56705.2023.10099859.

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Sahroni, Ahmad, and Ahmad Redi. "Virtual Currency (Bitcoin) as a Means of Money Laundering." In Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.6-5-2023.2333502.

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Mifanyira, Franciska, and Sophia C. B. Kusumawardhani. "The Liability of Cryptocurrency Exchanger under Indonesian and Malaysian Anti-money Laundering and Terrorism Financing Act." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010049103450350.

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Reports on the topic "Money laundering (Islamic law)"

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Chong, Alberto E., and Florencio López-de-Silanes. Money Laundering and its Regulation. Inter-American Development Bank, January 2007. http://dx.doi.org/10.18235/0010875.

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Abstract:
The recent wave of terrorist attacks has increased the attention paid to money laundering activities. Using several methodologies, this paper investigates empirically the determinants of money laundering and its regulation in over 80 countries by assembling a cross-country dataset on proxies for money laundering and the prevalence of feeding activities. The paper additionally constructs specific money laundering regulation indices based on available information on laws and their mechanisms of enforcement and measures their impact on money laundering proxies. The paper finds that tougher money laundering regulations, particularly those that criminalize feeding activities and improve disclosure, are linked to lower levels of money laundering across countries; the results are robust to potential endogeneity of money laundering regulation. The relevance of historical factors in explaining the variation of money laundering regulation across countries sheds light on theories of institutions and provides room for further action, particularly in the areas of the law that improve the impact of criminalization, including liability of intermediaries, reductions of the burden of proof and better disclosure.
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