Good judgment comes from experience.
Barry LePatner
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Islamic Finance
The group is best known for providing local law advice, and has been advising on some pioneering Islamic finance structures, as well as prominent transactions in the UAE Legal500, 2011


Islamic finance is the fastest growing financial segment in the world, with an estimated annual growth of 15-20%. With demand for Shariah-compliant investments rising from an estimated 1.6 billion Muslims worldwide by 2010, it is projected that the Islamic financial system will soon manage approximately 5% of the world economy. While major Western financial institutions have been shrouded in doubt during the crisis of recent months, another financial sector is gaining new confidence: Islamic finance.

At Habib Al Mulla & Company we have the knowledge and experience to deal with all aspects of Islamic financial services, whether debt or equity financing, such as Istisna’ project financing, Ijarah Al-Muntahiyah Bit Tamlik, Musyarakah and Mudharabah, both for direct financing and private debt securities. Our capabilities are not limited to legal and advisory services but we also have significant expertise in the development of Islamic products and practices for numerous banks and financial organizations.

Sukuk, the Islamic version of bond has recorded a remarkable growth during the past 5 years as an increasingly preferred financing product for governments and banks. With an estimated annual growth rate of more than 20%, the total global market transaction for Sukuk is already reaching hundreds of billions of dollars. Given its robust growth rate and overwhelming market response the Sukuk market is constantly evolving. Habib Al Mulla & Company is at the very forefront of this evolution: we were the legal firm behind the structuring and advising of the first Sukuk issuance out of Jordan, underlining the firm’s overall cross border expertise in Islamic Finance.

We are also competent in the areas of venture capital and private equity funding structured on the basis of Musyarakah and Mudharabah.

 

Services

Our Islamic Finance expertise includes-

  • Product development
  • Islamic home financing
  • Islamic consumer financing
  • Direct islamic financing
  • Syndicated Islamic financing
  • Islamic debt papers
  • Islamic asset management:  shariah-compliant avenues
  • Legal issues and framework in structuring sukuks
  • Muslim business wills
  • Islamic unit trusts
  • Risk management for Islamic financial planning & services


Our Experts

 

Mazen Boustany ACSI
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Position: Partner, Head of Banking & Finance, Dubai
Contact: mazen.boustany@habibalmulla.com
Admitted: 1997, Beirut Bar, Lebanon; Registered Practitioner in the DIFC Courts
Education: Basel III professional 2011; Securities Certificate (endorsed by the FSSC & the FSA) 2010; FSA Financial Regulation Qualified (CISI), 2010; Islamic Finance Qualification, Securities and Investment Institute, UK, 2007; LLB in Lebanese Law, Saint Joseph University, Lebanon, 1996; Maitrise in Private Law, Paris II University, France, 1994; Maitrise in Political Sciences, Paris II University, France, 1994
Language(s): English, Arabic, French
Expertise:
 
Banking & Finance
Asset Finance / Securitisation
Commercial
Corporate Finance & Capital Markets
Cross-Border Transactions
Debt Restructuring
Insurance/Takaful Law
Investment Funds
Islamic Finance
Private Equity
Arbitration / ADR
Practice & Experience: Mazen has over 15 years’ experience in banking and finance law in the Middle East and has practised in the UAE for more than five years.

He advises on all aspects of banking and finance law including Islamic finance, structured finance, securitisation, private equity, structuring and restructuring, cross-border transactions and investment funds. He is also experienced in domestic and international arbitration and is a qualified banker. Having spent many years as a senior in-house lawyer, Mazen’s advice is commercial and practical in nature. He frequently conducts training for corporate in-house teams on banking and finance law and regulation in the UAE.

Mazen is fluent in English, Arabic and French and holds a Masters degree in Private Law and Political Sciences from Paris II University, an LLB from Saint Joseph University in Lebanon and an Islamic Finance Qualification from the Securities and Investment Institute in the UK.  He is a member of the Securities Industry Management Association (SIMA) and has been awarded the CISI Level 3 Certificate in Investments – Securities, he is also a certified Basel III professional (2011) and a DIAC qualified arbitrator. Mazen is admitted to the Beirut Bar and is a registered practitioner before the DIFC courts.

Publications/Papers: "Mortgage Law in the UAE,” The Brief, February 2009
"Latest developments in Islamic Finance,” The Brief, January 2009
"Inheritance Law in the UAE,” The Brief, October 2007


Publications:
  Rethinking UAE Insolvency Law by Mazen Boustany, The Brief, July 2010 (672 KB )

Combatting Fraud and AML in the UAE

Dubai Mortgage Law: Much ado about nothing

The pledge of commercial premises

The pledge of a banking deposit.

Speaking Engagements:
•    CCME Roundtable, Islamic Finance vs Conventional Finance.
     11th March 2012

•    CCME Roundtable, Anti-corruption, issues and implications for
     UAE companies. 26th February 2012
•    The 8th Annual ME Insurance Forum, Bahrain, February 2012
•    Bribery and Corruption in SWF, a practical application, 3rd Middle
     East Summit on Anti-Corruption, January 2012
•    Mutual legal assistance, cooperation and collaboration in the
     context of the UAE, C5, January 2012
•    C5 Fraud and Asset Tracing and Recovery, Dubai, 24th January 
     2011
•    The impact of shari’a on the insolvency of Islamic Financial
     Institutions - IBA Conference, Dubai, November 2011
•    Fraud and AML in the UAE  - C5, Fraud, Asset Tracing and
     Recovery Conference, Dubai, January 2011.
•    Shari’a and Islamic Finance in the UAE - IBA Islamic Conference
     Dubai, November 2010.
•    IBA Islamic Finance day in Dubai, 3rd November 2010
•    Canadian Business Council, June 2010                       
•    Saudi Investment Private Equity Summit, Saudi Arabia, April 2010
•    DIAC Roundtable on Insolvency, Dubai Chamber, March 2010
•    Introduction to Islamic Finance, Asian In-House Counsel, Hong
     Kong, March 2009
•    Islamic Financial Products, In-House Counsel, Dubai, February
     2009








Professional Associations and Memberships:
Associate at the Chartered Institute for Securities and Investment
External Subject Matter Expert for "The EDCOMM Group Banker’s Academy"
Member of the Securities Industry Management Association (SIMA)

 
Muhammad Syamsulfaiz Bin Zainuddin
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Position: Senior Associate, Dubai
Contact: muhammad.syamsulfaiz@habibalmulla.com
Admitted: 2002, Malaysian Bar
Education: Master of Comparative Laws, International Islamic University Malaysia, Kuala Lumpur, Malaysia, 2005; LLB (Shari’ah) (Honours), International Islamic University Malaysia, Kuala Lumpur, Malaysia, 2002; LLB (Honours), International Islamic University Malaysia, Kuala Lumpur, Malaysia, 2001
Language(s): English, Bahasa Malaysia, Bahasa Indonesia, Arabic (written)
Expertise: Asset Finance / Securitisation
Banking & Finance
Commercial
Corporate Finance & Capital Markets
Corporate Structuring & Restructuring
Cross-Border Transactions
Investment Funds
Islamic Finance
Private Equity
Practice & Experience: Syamsulfaiz has nine years’ experience in conventional and Shari’a-compliant banking and finance law.

He specialises in corporate finance and capital markets, corporate structuring and restructuring, cross-border transactions, investment funds, private equity and Islamic finance.

Syamsulfaiz has handled various banking, finance and fund matters in the UAE and regularly advises local and international banks, financial institutions, fund managers and foreign entities on UAE law and DIFC law.

Syamsulfaiz holds two LLBs and a Master of Comparative Laws from the International Islamic University of Malaysia. He is admitted to the High Court of Malaya, West Malaysia and is a member of the Malaysian Bar. He is fluent in English, Bahasa Malaysia, Bahasa Indonesia and Arabic (written).

Publications/Papers: "M-Banking in UAE, is it regulated?,” Legal 500, July 2009
"Litigating in the DIFC: Some initial guidance for the unaware,” In House Lawyer Magazine, December 2009

Publications: