Individual law: an Islamic Sufi approach

2018 ◽  
Vol 60 (6) ◽  
pp. 1338-1353
Author(s):  
Bijan Bidabad
Keyword(s):  
Rule Of Law ◽  
Comparative Research ◽  
Islamic Law ◽  
The Other ◽  
Human Beings ◽  
Law Schools ◽  
Content Type ◽  
The Government ◽  
Practical Implications

Purpose The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty. Islamic law approach is how human beings transcendence, and freedom may be formed wisely. Design/methodology/approach Spiritual flourishing is the goal of Islamic Sufism. The main topics of individual freedom are discussed here are freedom of opinion, will, religion, speech, meeting, minorities, rule of law, equality before law, rights resulted from implementing justice, ownership and self-determination of destiny and jobs, which are explained through the Islamic Sufism viewpoint. Findings By comparing individual law in Islamic law with the other law schools, transcendence of the former is more clarified. Research limitations/implications Comparative research of the other religions’ gnosticism will develop the paradigm. Practical implications The principles highlighted in this study can be used for applied debates in the field to promote individual law for understanding and recompilation. Social implications Delicateness, truthfulness and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this rich viewpoint. Originality/value Individual law scholars have not touched the topic from this viewpoint. This paper opens new challenging area.

Maqashid Al-Shari’ah-based performance measurement for the halal industry

Humanomics ◽  
2017 ◽  
Vol 33 (3) ◽  
pp. 357-370
Author(s):  
Faried Kurnia Rahman ◽  
Mohammad Ali Tareq ◽  
Rochania Ayu Yunanda ◽  
Akbariah Mahdzir
Keyword(s):  
Performance Measurement ◽  
Human Beings ◽  
Financial Industry ◽  
Content Type ◽  
Muslim Countries ◽  
The Government ◽  
Religious Aspects ◽  
Depth Interviews ◽  
Proper Performance ◽  
Practical Implications

Purpose The halal industry is one of the most growing industries in the world. It refers to the industry in line with Islamic principles and requirements. The emergence of this industry aims to fulfil the requirement of Islamic-compliant products and services. Surprisingly, the industry has been growing in both Muslim and non-Muslim countries. Assessing the performance of the industry will be notable for ensuring that it obtains its objectives. The proper performance measurement should highlight business perspectives and religious aspects. This study aims to explore the current issues and challenges in developing Maqashid Al-Shari’ah-based performance measurement in the halal industry. Design/methodology/approach This is a qualitative research using in-depth interviews, and uses content analysis to interpret and explain the interview result. Interviews were conducted with experts in Maqashid Al-Shari’ah and Islamic capital markets. Findings The existence of the concept of Maqashid Al-Shari’ah is to create maslahah for all human beings. The development of Maqashid Al-Shari’ah performance measurement for the business is very important. It has only been developed for Islamic financial industry. Unfortunately, it is found that the development of Maqashid Al-Shari’ah performance measurement has not been carried out comprehensively in non-financial industry. The main issue is the absence of the applicable measurements. Therefore, collective decision is required to develop the appropriate measurements. Practical implications There is a necessity for regulator to produce standards on Maqashid Al-Shari’ah-based performance measurement. The government policy plays an important role in the development and implementation of Maqashid Al-Shari’ah -based measurement index. Originality/value This paper highlights the issue of the development of Maqashid Al-Shari’ah -based performance measurement in halal business and commerce which has not much discussed in prior studies.

scholarly journals URGENSI PENETAPAN KRITERIA FAKIR MISKIN BAGI PENYALURAN ZAKAT DI INDONESIA

2018 ◽  
Vol 4 (1) ◽  
pp. 167
Author(s):  
Kuntarno Noor Aflah
Keyword(s):  
Comparative Research ◽  
Basic Needs ◽  
Point Of View ◽  
The Other ◽  
Local Conditions ◽  
Other Hand ◽  
The Difference ◽  
The Government ◽  
Literacy Research

Poverty has many definitions, parameters, and standards. From the viewpoint of Islam, many theologians define and measure poverty by various terms and sizes. The difference among theologians’ opinion is caused by poverty terms contained in the Qur’an and Hadits. “Fakir” and “poor” have many meanings. It allows a wide interpretation of the verse and word from theologians. It is also seen from the regulation point in Indonesia, there are many definitions, standards and parameters of poverty. The difference of point of view on determination of poverty criteria and regulations according to Islam in Indonesia shows that the ways of ijtihad by theologians and the government elements is very open. The absence of standard stipulation held, encouraging the writer to conduct a comparative research in this paper; through literacy research. Syafi’i sect does not specify a quantitative standard for poverty. Poverty is only categorized on requirement. As long as people are not able to cover 50% of their basic needs, they are called as fakir. If people are only able to cover close to 70% of their basic needs then they are categorized as poor. Meanwhile, according to Hanafi sect, the qualitative standards turned to the Syafi’i sect. Poor conditions are more severe than the fakir. Besides,the quantitative standard of poverty is one nisab of zakat or the equivalent of 85 grams of gold. On the other hand, BPS and BKKBN formulate the concept and standard of poverty by economic concepts. Poverty is conceptualized as the inability of someone to meet basic consumption needs of the formulation adapted to local conditions respectively.

Rana disaster: how far can we proceed with CSR?

2016 ◽  
Vol 23 (4) ◽  
pp. 748-768 ◽  
Author(s):  
Afroza Begum ◽  
S.M. Solaiman
Keyword(s):  
Multinational Corporations ◽  
Human Beings ◽  
Content Type ◽  
Legal Literature ◽  
The Government ◽  
Modern Day Slavery ◽  
Corporate Social ◽  
International Instruments ◽  
Corporate Business ◽  
Practical Implications

Purpose This paper aims to investigate corporate social responsibility (CSR) in corporate business and stimulate a debate on this to combat the modern day slavery in Garment Industries (GIS) in Bangladesh. Design/methodology/approach This research has drawn on media, non-governmental organisations and a series of national and international reports and on relevant materials from both primary and secondary legal resources. Findings The existing phenomena in Bangladesh surrounding Rana Plaza (RP) disaster stand in sharp contrast with CSR which inevitably offend the dignity and core values of human beings as deeply entrenched in a range of national and international instruments. RP disaster was a man-made catastrophe that could have been surely averted had the three actors (such as RP, the government and the foreign buyers being multinational corporations) performed their respective obligations in due course. Research limitations/implications CSR is still an intensely debated issue, especially in terms of its scope and limitation. This study has not delved into these issues. Practical implications There has been a dearth of intellectual inquiries (to the best of the authors’ knowledge) about CSR in GIS in Bangladesh. It is submitted that this paper will contribute to filling the gap in the legal literature, especially in relation to the responsibilities of the three actors, and to contest another human catastrophe in the future. Social implications In particular, it is expected that the findings would play an important role in empowering relevant stakeholders including the impoverished workers who have been the most disadvantaged, and overlooked by the three actors. Originality/value This paper is the original work of the authors and has not been submitted elsewhere for publication.

Police and crime commissioners: the first twelve months

2014 ◽  
Vol 13 (1) ◽  
pp. 40-50 ◽  
Author(s):  
Timothy Brain
Keyword(s):  
Design Methodology ◽  
The Other ◽  
Added Value ◽  
England And Wales ◽  
Content Type ◽  
New Type ◽  
Positive Impression ◽  
The Government ◽  
Principal Method ◽  
Practical Implications

Purpose – The purpose of this paper is to review the establishment of this new type of elected official and the conduct of those in office during the first twelve months of their official existence, and to consider whether a compelling case has yet been made for its retention as the principal method of police governance. Design/methodology/approach – The paper will review policy papers and data which preceded and followed the establishment of the office of police and crime commissioner (PCC) in November 2012; review the 2012 elections and their implications, review conduct since, particularly in respect of formal duties, principally setting budgets and police and crime plans; consider the potential for politicisation; and consider whether a case has been made for the retention of the office in future. Findings – The paper concludes that the government has succeeded with PCCs in implementing a major plank of the Conservative party's 2010 manifesto. It can reasonably be anticipated that the Conservatives will promote this record at the next election. However, it is simply too early to tell if PCCs are individually or collectively adding value to the sum of policing in England and Wales. A compelling case for their retention as a means of police governance is therefore yet to be made. On the other hand, Labour has still to determine whether it will offer the electorate an alternative in 2015. Research limitations/implications – With only ten months having elapsed since the first elections, it is early to draw firm conclusions about the effectiveness or, more pertinently, the added value that PCCs have brought to policing. Conversely, the first twelve months was an opportunity for PCCs to make a positive impression and this has not occurred. Practical implications – PCCs ought to be subject to a rigorous appraisal of effectiveness. This is unlikely, for political reasons, to occur. Originality/value – First rigorous review of PCCs based on a review of available data.

scholarly journals Modern Technology Urgency in the Development of Islamic Law

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Andi Salman Maggalatung
Keyword(s):  
Heart Failure ◽  
Medical Treatment ◽  
Islamic Law ◽  
Family Law ◽  
Modern Technology ◽  
The Other ◽  
Human Beings ◽  
Use Of Technology ◽  
Patients With Heart Failure

This paper aims at examining the advancement of modern technology and its intersection with Islamic law. Some areas discussed are related to worship, family law, and medical treatment using organ transplantation. This study finds that some areas of Islamic law are statics, while others are dynamics. The modern technology has provided convenience for human beings such as the use of technology in pilgrimage; the determination of paternity; having baby through IVF, and the medical treatment for patients with heart failure. On the other hand, modern technology cannot change Islamic provisions on worship. Penelitian ini mencoba membahas kemajuan teknologi modern dan dampaknya terhadap hukum Islam, termasuk di bidang ibadah, hukum keluarga, dan perawatan medis seperti penggunakan transplantasi organ. Beberapa bidang hukum Islam bersifat statis sementara yang lain bersifat dinamis. Teknologi modern telah memberikan kemudahan bagi manusia seperti penggunaan teknologi dalam berhaji; penentuan ayah terhadap bayi melalui IVF, dan perawatan medis untuk pasien dengan gagal jantung. Di sisi lain, teknologi modern tidak dapat mengubah ketentuan Islam tentang ibadah.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

The nexus between the increasing involvement of youth in betting games and unemployment: the Nigerian perspective

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gbemi Oladipo Olaore ◽  
Bimbo Onaolapo Adejare ◽  
Ekpenyong Ekpenyong Udofia
Keyword(s):  
Structural Equation ◽  
Family Income ◽  
Equation Model ◽  
Content Type ◽  
Global Industry ◽  
Youth Involvement ◽  
Technology Advancement ◽  
Confirmatory Factor ◽  
The Government ◽  
Practical Implications

Purpose Betting games have become a global industry worth billions of dollars providing employment to millions and contributing to the gross domestic product (GDP) of several countries. While there are debates and controversies surrounding betting games discourse, a growing body of literature shows that it has been exacerbated by growing unemployment rates. This paper aims to examine the nexus between the increasing involvement of youth in betting games and unemployment from the Nigerian perspective. Design/methodology/approach The study adopts simple random and stratified sampling techniques to select participants for the study. Three hypotheses were tested for this study and confirmatory factor analysis (CFA) and structural equation model (SEM) was used to test the hypotheses. Findings The three hypotheses tested in this study were coined from previous literature. The study established a direct link between technology advancement, promises of winning big coupled with bonuses while unemployment was not significant to youth involvement in betting games. The study also showed that playing betting games provides another source of income to the youth, who are already engaged in one form of work or another. Finally, youth involvement in betting games has created awareness regarding different sports in the world, while contributing to Nigeria’s economy. Practical implications As betting games centre as a business in Nigeria has contributed substantially and positively to unemployment in Nigeria; the Government of Nigeria are encouraged to streamline and regulate the activities of the sector such that they can contribute significantly to the country GDP and provide employment opportunities to the youths. Originality/value The research shows that the reason why betting games have a massive turnaround of youths in Nigeria is not majorly because of unemployment but as another means to a substantial financial individual/family income. Thus, Nigerian youths see betting games as an avenue to make more money. The study is the first of its kind to examine the nexus between betting games, technology and unemployment hence, its contribution to knowledge.

Development land valuation accuracy in China – a case study of Beijing

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mengmeng Dou ◽  
Lesley Anne Hemphill ◽  
Lay Cheng Lim
Keyword(s):  
Market Price ◽  
Market Dynamics ◽  
Industrial Land ◽  
Content Type ◽  
Industrial Market ◽  
Transaction Prices ◽  
Land Valuation ◽  
Market Transaction ◽  
The Government ◽  
Practical Implications

PurposeThe paper aims to quantitatively investigate vacant industrial land valuation accuracy in China, given the importance of the industrial market as an underlying pillar to promote urban growth especially in emerging economies.Design/methodology/approachIn China, the government formulates a Land Benchmark Price (LBP) to serve as a price reference point to sell land rights. To gain an in-depth understanding of the valuation practice by LBP, this paper uses correlation analysis to investigate the varying dynamics between the transaction-based prices and LBP appraisal-based estimates. Furthermore, a margin of error examination investigates the distortion in LBP land appraisals, with an amended LBP presented to improve the accuracy of the current LBP method.FindingsDifferent influencing factors are identified to impact the actual market transaction prices and the LBP construction, leading to a large discrepancy in industrial land appraisals. A systematic problem is recognised that the construction of the LBP follows urban bid curve theory, whereas the land transaction prices do not, demonstrating that an urgent LBP update is needed to capture the market dynamics for industrial market.Practical implicationsThe paper sets out discrepancies in valuation accuracy surrounding the application of the LBP valuation approach in China. This has practical implications for valuers in terms of raising their awareness of the deficiencies in the approach and the pitfalls they need to guard against in their appraisals. It also has implications for developers and investors who rely on valuer appraisals to assess the viability of land purchases; hence, they need to express caution in the appraisal advice sought. Finally, the results demonstrate to the standard setters how they need to modify the LBP equations to better capture market dynamics.Originality/valueThe paper examines valuation accuracy in transitional economies, through valuation differentials between appraised price and the transacted price. The value of the work lies in the analysis of the fundamental differentials between market price and appraised value, which is of importance to investors/developers, practicing valuers, as well as government officials responsible for setting the valuation standards.

Measuring the service gaps in the roles of quantity surveyors in the emerging market

2016 ◽  
Vol 23 (5) ◽  
pp. 1111-1131 ◽  
Author(s):  
AbdulLateef Olanrewaju
Keyword(s):  
Emerging Markets ◽  
Construction Industry ◽  
Design Methodology ◽  
Emerging Market ◽  
Supply And Demand ◽  
The Other ◽  
Primary Data ◽  
Content Type ◽  
Practical Implications ◽  
Survey Questionnaires

Purpose – The opportunities that the emerging markets present to the players in the construction industry means that the players need to expand on the scope and size of their responsibilities and duties to the stakeholders. Each of the professionals now demands more specialised and sophisticated services from one another. The other players in the construction industry now require more emerging responsibilities and duties from the quantity surveyors. The purpose of this paper is to examine the roles that “modern” quantity surveyors play by measuring the gaps that exist in the services that the quantity surveyors provide. Design/methodology/approach – Primary data are collected through survey questionnaires. In total, 23 roles played by modern quantity surveyors are identified and addressed to the respondents to rank the rate at which quantity surveyors provide these “emerging” services. The collected data were analysed statistically. Findings – The results of the findings led to the conclusion that the quantity surveyors were not meeting the expectations of other players. Therefore, for competitiveness, quantity surveyors need to better meet demand expectations. Research limitations/implications – This findings of this research are constrained to the services or functions that the quantity provide in the construction industry. Practical implications – This knowledge is valuable to academic institutions that offer quantity surveying programmes, to practicing quantity surveyors, governments, and other players in the construction industry. It will allow quantity surveyors to reconcile supply and demand expectations. Originality/value – There is no known conclusive empirical study on services offered by quantity surveyors in any emerging markets. Therefore, the findings offer a fresh understanding on the services of quantity surveyors not only in Nigeria but elsewhere. While some of the services are common, others are peculiar to emerging markets.

Agripreneurship development: a strategy for revamping Nigeria’s economy from recession

2017 ◽  
Vol 8 (4) ◽  
pp. 474-483 ◽  
Author(s):  
Innocent Otache
Keyword(s):  
Economic Crisis ◽  
Design Methodology ◽  
Agricultural Sector ◽  
Content Type ◽  
Current Economic Crisis ◽  
Leadership Failure ◽  
Oil Sector ◽  
The Government ◽  
Creativity And Innovation ◽  
Practical Implications

Purpose The purpose of this paper is to explore agripreneurship development as a strategy for economic growth and development. Design/methodology/approach Though a few related literature were reviewed, this paper relies heavily on the author’s viewpoint regarding how Nigeria can grow and develop its economy through agripreneurship development. Findings The present economic challenges that Nigeria is facing are blamed on overdependence on the oil sector, bad governance, corruption, leadership failure, policy inconsistency, overdependence on imported goods and ostensible neglect of the agricultural sector. Also, policymakers, economic analysts and the government have advocated strongly for diversification of the economy. Besides, there is a consensus among scholars, economic analysts and policymakers that “agriculture is the answer.” Research limitations/implications This paper addresses specifically one sector of the economy – the agricultural sector. On the other hand, economic crisis needs to be addressed holistically by resolving specific issues that confront different sectors of the economy. Practical implications This paper has some insightful policy and practical implications for the Nigerian Government and Nigerians. The government and Nigerians need to take practical steps to grow and develop the economy. On the part of the government, apart from the need to transform the agricultural sector by allocating enough funds to it, the government should establish well-equipped agripreneurship development centers and organize periodically agripreneurship development programmes for the main purpose of training and developing both current and potential agripreneurs who will be able to apply today’s agricultural techniques and practices which involve a great deal of creativity and innovation for a successful agribusiness. The federal government should integrate agripreneurship education into Nigeria’s education system. Similarly, the Nigerian people, particularly the youths or graduates should be encouraged to choose agribusiness as a career. Originality/value While previous papers have offered different solutions to the current economic crisis that Nigeria is experiencing, ranging from economic to structural reforms, this paper differs significantly from others by recommending specifically agripreneurship development as a strategy for revamping Nigeria’s economy from its current recession. Moreover, there is a dearth of literature on agripreneurship and agripreneurship development. This paper therefore fills the literature gap.

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