Islamic Law Archives | MassPoint Legal and Strategy Advisory PLLC

Islamic Banking & Finance Arbitration and Expert Witness Services

September 17, 2020

MassPoint's Hdeel Abdelhady provides Islamic banking and finance legal representation, consulting and advisory, and arbitration services, as counsel or as arbitrator or mediator. Ms. Abdelhady is a U.S. trained and qualified lawyer with experience representing U.S. and foreign parties in conventional and Islamic transactions, and in disputes. She is also a Professorial Lecturer in Law, teaches Transactional Islamic Law at The George Washington University Law School and has published extensively on Islamic and conventional banking and finance topics.

Rule of Law in Space Exploration: Event

December 6, 2018

MassPoint's Principal, Hdeel Abdelhady, presented on Rule of Law in the Exploration and Use of Outer Space at the annual Galloway Symposium on Critical Issues in Space Law. Ms. Abdelhady, along with her co-panelists, engaged in a comparative law discussion.

A Localized Approach to Corruption in Afghanistan’s Mining Sector

July 23, 2018

Thinking beyond the parameters of standard "international development" and industry playbooks, the lack of progress (or, in some cases, regression) in developing Afghanistan's mining sector should induce interested government, industry and nongovernmental actors to consider if and how laws, policies and technical assistance can be formulated, modified and implemented in ways that might enhance their effectiveness in practice, rather than just on paper. Afghanistan, as is well known, is a Muslim majority nation in which Islamic law (as locally interpreted and implemented formally and informally) plays a significant role. Islamic law (Shari'ah), provides rules and precedents applicable not only to family matters and ritual worship, but also to business transactions, public governance, market regulation, and limitations on government dominion over private property. in these areas, and others, Islamic law and historical practices provide rules and precedents applicable to the regulation, administration and conduct of mining and other extractives businesses. These laws and precedents are just as robust, and more so in some cases, as international and foreign laws and standards.

Islamic Banking, Finance & Philanthropy

April 29, 2018

Islamic Banking, Finance and Philanthropy Legal and Advisory Hdeel Abdelhady has advised banks and other parties on purely Islamic transactions and conforming conventional banking and finance products to Islamic standards, particularly in the trade finance setting. Hdeel has also collaborated with…

Hdeel Abdelhady Spoke on Islamic Finance at Harvard Law

March 8, 2018

MassPoint’s Founder and Principal, Hdeel Abdelhady, will speak at a program on Islamic Finance at Harvard Law School. Ms. Abdelhady, who has acted as legal counsel to financial institutions, companies, and non-profit organizations on Islamic Finance, banking, and governance matters, teaches a course in Transactional Islamic Law at The George Washington University Law School in Washington, D.C. The program, entitled “Islamic Finance: Principles and Strategies,” will take place on March 6, 2018 at the Harvard Law School in Cambridge, Massachusetts. Program information is available via Harvard Law School.

July 9, 2017

AML/CFT, Sanctions, Anti-Corruption Regulatory Counseling and Compliance MassPoint works with banks, other businesses, charitable organizations and other non-profits, and individuals to navigate and comply with U.S. laws and regulations and international standards in the following areas. Anti-Money Laundering (AML) Counter-Terrorism Financing…

Dana Gas Sukuk Governing Law and Jurisdiction

June 30, 2017

This post discusses these issues in Dana Gas sukuk matter and offers some observations and lessons that can be drawn from the governing law and forum selection questions raised by the Dana Gas sukuk matter. As this post entails post hoc discussion of the Dana Gas sukuk offering based on publicly available information, there is an element (or more) of Monday morning quarterbacking, and this should be borne in mind. Nevertheless, the general observations and potential lessons—which are not unique to the Dana Gas sukuk or Islamic transactions—should be read for their generality.

Dana Gas Says its Sukuk is Unlawful: Issues and Questions

June 22, 2017

Parsing Dana Gas’ Statement that Sukuk is “Unlawful”: Shari’ah, UAE Law, and Factual Questions [1] June 18, 2017 | Author: Hdeel Abdelhady* As discussed briefly in this June 16 MassPoint blog post, Dana Gas PJSC, the Sharjah, UAE-based gas producer, has unilaterally…

Dana Gas Deems its Own Sukuk Unlawful: Parsing the Dana Gas Statement

June 19, 2017

Dana Gas PJSC, the Sharjah, UAE-based gas producer, has unilaterally declared “unlawful” sukuk[2] instruments issued by the company in 2013 [3] (through, as issuer, Dana Gas Sukuk Limited, a Jersey public company with limited liability). This post discusses some of the Shari’ah, UAE law, and factual issues triggered by the Dana Gas statement on the unlawfulness of its sukuk.

Dana Gas Declares its Own Sukuk “Unlawful”: Revisiting The Investment Dar Case

June 16, 2017

Dana Gas’ move to halt its obligations under the sukuk terms on the grounds that the instruments are unlawful under Islamic law triggers many issues for discussion, including: (1) the legal and tactical soundness of its actions, (2) implications for the sukuk market and Islamic finance generally, and (3) the real and perceived quality of Shari’ah governance (both with respect to the sukuk at issue and sukuk and Islamic finance generally). This is not the first time that an Islamic instrument has been deemed unlawful by the originating party in an effort to avoid payment obligations. Years ago, an Islamic financial institution,The Investment Dar, asserted in an English court that a wakalah investment product that it offered and managed was not Shari’ah compliant and therefore unenforceable.

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