Sharīʿah appraisal on the issue of imposing burden of proof to the entrepreneur in trust based contracts

2016 ◽  
Vol 7 (2) ◽  
pp. 148-169
Author(s):  
Asmadi Mohamed Naim ◽  
Mohd Noor Habibi Hj Long ◽  
Mahyuddin Abu Bakar ◽  
Muhammad Nasri Md Hussain
Keyword(s):  
Qualitative Research ◽  
Comparative Analysis ◽  
Design Methodology ◽  
World Wide ◽  
Descriptive Analysis ◽  
Burden Of Proof ◽  
Islamic Banks ◽  
Content Type ◽  
Business Requirements ◽  
Practical Implications

Purpose The purpose of this paper is to examine the Shariah view on the legitimacy of requiring the entrepreneur to prove that he/she has complied with all business requirements in case the actual profit was below the expected profit in trust-based contracts such as mudarabah and musharakah. Design/methodology/approach This paper is part of the research which applies qualitative research approaches, including among others, content analysis, interviews, observations and descriptive analysis using fiqh muqaran (comparative analysis of jurists’ arguments) in few phases. Findings The study found that shifting the burden of proof to the fiduciary is the weightier view and necessary to ensure that both sides are protected. The considerations of protecting people’s wealth (ḥifẓ amwāl al-nās) and mitigating widespread greed (ṭamaʿ) are among the reasons for allowing elements such as ʿurf, tuhmah and dalālat al-ḥāl to be treated as bayyinah in trust-based contracts when the fiduciary is obliged to defend himself from litigation. Research limitations/implications The study is meant to strengthen the practices of Islamic banks world wide. Practical implications Few protections can be applied for capital provider. Social implications This study is meant to give solution in dealing with moral hazard of both parties, and to provide solution to the regulator for policy drafting and to increase confidence to the industry. Originality/value The finding is important in assisting the regulators in drafting the policy to protect both parties without neglecting the essence of trust-based contracts.

Cryptocurrency: usability perspective versus volatility threat

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ruby Khan ◽  
Tahani Ali Hakami
Keyword(s):  
Qualitative Research ◽  
Design Methodology ◽  
Descriptive Analysis ◽  
User Friendliness ◽  
Content Type ◽  
Technological Factors ◽  
Advantages And Disadvantages ◽  
Research Questions ◽  
To Come ◽  
Practical Implications

PurposeThe objective of this study is to examine the nature of cryptocurrencies, risks involved in using it due to its volatile nature, advantages, disadvantages and its functions as money.Design/methodology/approachThis is an inductive approach to a descriptive analysis (Qualitative research). In order to come to an adequate conclusion, we reviewed several studies and articles previously published in this field related to our research questions, and then explored the nature of Cryptocurrencies, their advantages and disadvantages, risks associated with cryptocurrency usage and their user-friendliness in Saudi Arabia.FindingsThe findings of this study reveal that anonymity and concealment are important aspects of cryptocurrencies. This system does not follow a transparent process that can make it parallel to conventional fiat currency.Research limitations/implicationsAlthough this study focuses on the issue of trust, it fails to recognize more technological factors hampering its transaction mechanism instead of enhancing it, owing to a lack of facts and knowledge.Practical implicationsLike conventional transaction system users must sign their crypto transactions that others must duly verify easily. Once a promise is made, one will not be able to back out of it until it is protected from revocation by the signer.Originality/valueIn comparison with reviewed literature, this study focuses more on the issue of volatility, which accounts for the fact that cryptocurrency has not been accepted as a permanent tool of monetary policy. Additionally, the study finds that the Saudi public is largely pessimistic toward such currencies.

scholarly journals Examining the accounts of oil spills crises in Nigeria through sensegiving and defensive behaviours

2020 ◽  
Vol 33 (8) ◽  
pp. 2053-2076 ◽  
Author(s):  
Osamuyimen Egbon ◽  
Chijoke Oscar Mgbame
Keyword(s):  
Policy Implication ◽  
Design Methodology ◽  
Oil Spills ◽  
Burden Of Proof ◽  
Multinational Companies ◽  
External Factors ◽  
Content Type ◽  
Political Dynamics ◽  
Defensive Behaviours ◽  
Practical Implications

PurposeThe paper examines how oil multinational companies (MNCs) in Nigeria framed accounts to dissociate themselves from causing oil spills.Design/methodology/approachThe authors utilised data from relevant corporate reports, external accounts and interviews, and used sensegiving with defensive behaviours theoretical framing to explore corporate narratives aimed at altering stakeholders' perceptions.FindingsThe corporations gave sense to their audience by invoking scapegoating blame avoidance narrative in attributing the cause of most oil spills in Nigeria to outsiders (sabotage), despite potentially misclassifying the sabotage-corrosion dichotomy. Corporate stance was reinforced through justifying narrative, which suggested that multi-stakeholders jointly determined the causes of oil spills, thus portraying corporate accounts as transparent, credible and objective.Research limitations/implicationsThe socio-political dynamics in an empirical setting affect corporate accounts and how those accounts appear persuasive, implying that such contextual factors merit consideration when evaluating corporate accounts. For example, despite contradictions in corporate accounts, corporate attribution of oil spills to external factors appeared persuasive due to the inherently complicated socio-political dynamics.Practical implicationsWith compensation to oil spills' victims only legally permitted for non-sabotage-induced spills alongside the burden of proof on the victims, the MNCs are incentivised to attribute most oil spills to sabotage. On policy implication, accountability would be best served when the MNCs are tasked both with the burden of proof and a responsibility to demonstrate their transparency in preventing oil spills, including those caused by sabotage.Originality/valueCrisis situations generate multiple and competing perspectives, but sensegiving and defensive behaviours lenses enrich our understanding of how crisis-ridden companies frame narratives to alter stakeholders' perceptions. Accounts-giving therefore partly satisfies accountability demands, and acts as sensegiving signals aimed at reframing/redefining existing perceptions.

scholarly journals Effective contracting for high operational performance in projects

2019 ◽  
Vol 39 (2) ◽  
pp. 294-325 ◽  
Author(s):  
Maria Kapsali ◽  
Jens K. Roehrich ◽  
Pervaiz Akhtar
Keyword(s):  
Comparative Analysis ◽  
Fuzzy Set ◽  
Design Methodology ◽  
Qualitative Comparative Analysis ◽  
Operational Performance ◽  
Future Research ◽  
Content Type ◽  
Contractual Incompleteness ◽  
Managerial Implications ◽  
Practical Implications

Purpose The purpose of this paper is to examine combinations of contract clauses in order to ascertain which combinations correlate to high operational performance (OP). Design/methodology/approach Two hypotheses were formulated from contracting theory and tested on data collected from 45 projects. Fuzzy set qualitative comparative analysis was used and validated with multiple regression and simulation. Findings The hypotheses were tested to determine whether combinations of classical, relational, and/or associational contract clauses correlate to high OP. The results show that whereas high OP correlates to combinations of relational and associational contract clauses, classical and relational clauses should not be combined. Research limitations/implications Directions are proposed to guide future research in order to produce a more nuanced testing of contractual complementarity. Practical implications The managerial implications of the findings include a more thorough understanding of the use of contract clauses and of which clauses managers should combine to achieve high OP. Originality/value This study contributes to the theory of contractual incompleteness and complementarity, specifically in the context of project contracting. The analysis produced two theoretical implications: first, that better performing contracts are created when combining relational and associational contract clauses; and second, that in projects, relational and classical contract clauses are not complementary with regards to realizing high OP.

scholarly journals Accounting for the messiness of the research process: the fieldpath approach

2018 ◽  
Vol 13 (4) ◽  
pp. 315-332 ◽  
Author(s):  
Perttu Salovaara
Keyword(s):  
Qualitative Research ◽  
Design Methodology ◽  
Research Process ◽  
Content Type ◽  
Environmental Consequences ◽  
Human Ethics ◽  
Conceptual Paper ◽  
The Common ◽  
Practical Implications

Purpose It has recently become more acknowledged that there is a quality of “messiness” to the qualitative research process. The purpose of this paper is to introduce the fieldpath approach—a hermeneutically inspired framework—to account for the non-linearity, uncertainty and ambiguity of the research process. Design/methodology/approach This conceptual paper reviews how the scope of hermeneutics has been partly misunderstood. The paper discusses how the scope of hermeneutics has lately been expanded by works such as Günter Figal’s (2010) Objectivity: The Hermeneutical and Philosophy. Findings The fieldpath approach proposes that a heightened relation to materiality enables the messiness of the process to be preserved, while at the same time offering a way to find one’s footing in the midst of ontologically incomplete phenomena that are still—in a processual fashion—forming and becoming. Research limitations/implications This is a conceptual paper. In addition to the research mentioned here, more studies would be needed to legitimise, test and refine the approach. Practical implications Objectivity provides an additional criterion for researchers to lean on when facing the non-linearity and unexpected turns inherent in the qualitative research process. Social implications The stress on materiality involves an ethical dimension. Post-human ethics are concerned with the future environmental consequences and sustainability of the material world. The way that matter matters in our methodologies is of primary importance. Originality/value First, the paper emphasises that hermeneutics, contrary to the common perception, does offer criteria for evaluating between interpretations. Second, it introduces the notion of hermeneutic objectivity, which stresses the importance of materiality for interpretations. Third, it introduces the fieldpath approach, which, based on the previous criterion of hermeneutic objectivity, allows for the messiness of the research process, while also preserving a tight grip on the hermeneutic imperative of “understanding in a new way”.

Are Islamic banks different? The application of the Radical Affinity Index

2019 ◽  
Vol 12 (1) ◽  
pp. 2-29 ◽  
Author(s):  
Leire San-Jose ◽  
Jon Cuesta
Keyword(s):  
Great Britain ◽  
Design Methodology ◽  
Islamic Banking ◽  
Ethical Dimension ◽  
Islamic Banks ◽  
Ethical Perspective ◽  
Content Type ◽  
Social Commitment ◽  
Practical Implications ◽  
Ethical View

Purpose The purpose of this paper is to extend the literature on Islamic banking by examining their ethical dimension using transparency, placement of assets, guarantees and participation from Radical Affinity Index. Design/methodology/approach To this end, a sample of 20 Islamic banks from 13 countries (Bahrain, Saudi Arabia, Malaysia, Pakistan, Kuwait, Tanzania, Great Britain, Oman, Iraq, Egypt, Bangladesh and Qatar) was used. Findings The results are robust to ethical effects. The evidence suggests that among Islamic banks, at least some of them could improve their ethical requirements of the Sharia; they obtained lower scores than ethical banks in terms of RAI variables (transparency, placement of assets, guarantees and participation). Research limitations/implications It is used a random sample rather than population with the limitations that entails. The variables in the index are based on ethical perspective; then, the index is applied in Islamic banking but with the ethical view limitation. Practical implications The Islamic banks have the option to increase their transparency including further information regarding the beneficiaries of the benevolent funds; moreover, it would offer a clearer view about their ethical and social commitment towards society. Originality/value Additionally, this paper broadens the scope of the literature by analysing the determinants of Islamic banking around ethical dimensions of financial entities.

Opentable as a marketing strategy for modern Muslim funeral product in Indonesia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Witanti Prihatiningsih ◽  
Ninis Agustini Damayani ◽  
Asep Suryana ◽  
Susie Perbawasari
Keyword(s):  
Qualitative Research ◽  
Marketing Strategy ◽  
Design Methodology ◽  
Phenomenological Approach ◽  
Marketing Strategies ◽  
Future Research ◽  
Content Type ◽  
Funeral Home ◽  
Potential Customers ◽  
Practical Implications

Purpose The Opentable strategy is considered a taboo because of its ability to take advantage of peoples’ grief. Therefore, this study aims to explore the Opentable (Exhibition) as a marketing strategy for modern Muslim funeral products, considered a luxury by most people in Indonesia. Design/methodology/approach This is a qualitative research with a phenomenological approach used to collect data from six Memorial Advisors (MAs) through interviews. Findings The result showed that the Opentable strategy was carried out to introduce the concept of a modern Muslim funeral home and its products. Furthermore, MA does not encourage sales during Opentable, rather, it uses the process to obtain complete data from potential customers. Practical implications This research serves as a guidance for MA and other similar professions to socialize products uncommon or considered taboo in society. It also provides a repertory of new marketing strategies, especially for targeted and uncommon products. Originality/value To the best of the knowledge, this is the first research to explore Opentable (Exhibition) as a marketing strategy for modern Muslim funeral products in Indonesia. Therefore, future research is needed on other marketing strategies.

Causality in qualitative market and social research

2019 ◽  
Vol 22 (3) ◽  
pp. 405-413
Author(s):  
Clive Roland Boddy
Keyword(s):  
Qualitative Research ◽  
Design Methodology ◽  
Social Research ◽  
Pragmatic Approach ◽  
Social Phenomena ◽  
Content Type ◽  
The Past ◽  
The Moment ◽  
Practical Implications

Purpose Academic qualitative researchers have been criticized for rejecting the idea that their research can establish causality while market and social researchers, with their realist and pragmatic approach to research, take for granted that it can. This paper aims to explore the ability of qualitative research to determine cause and effect in terms of market and social phenomena. Design/methodology/approach The literature on causality in qualitative research is reviewed and discussed. The discussion is further informed by the author’s own experience of undertaking commercial and academic market and social qualitative research over the past 33 years. Findings In qualitative market and social research, the determination of causality is often needed but rarely discussed. This paper explores this occurrence and brings to the fore, via discussion and the use of example, the ways in which causality can be determined by qualitative research. Practical implications A determination of what events bring about predictable changes in social and market environments can be established via qualitative research particularly at a probabilistic level of causality. This implies that policymakers should give a greater emphasis to qualitative findings than then sometimes do at the moment. Originality/value Causality in market and social research is rarely discussed by practitioners but is nevertheless a premise of much of the qualitative research that is undertaken. This paper is therefore distinctive in that it examines whether this premise is justifiable.

scholarly journals Industry professionalisation of strata title managers: what are the implications for governance?

2015 ◽  
Vol 33 (2) ◽  
pp. 187-204 ◽  
Author(s):  
Erika Altmann
Keyword(s):  
Qualitative Research ◽  
Pilot Study ◽  
Design Methodology ◽  
Social Implications ◽  
Small Scale ◽  
Research Project ◽  
Content Type ◽  
Academic Literature ◽  
The Impact ◽  
Practical Implications

Purpose – The purpose of this paper is to explore the rise of strata manager as a newly emergent profession and note their impact on the governance within medium and high density, strata titled housing such as flats, apartments, town-houses and CIDs. Design/methodology/approach – This research presents finding from a small scale, qualitative research project focused on the interaction between the owner committee of management and strata managers. Findings – The introduction mandatory certification is championed by industry bodies. The strata managers considered they already demonstrated valuable attributes desired by committees of management. These differed to the attributes targeted by the new training regime, and the attributes valued by the committees of management. Research limitations/implications – This is a small scale pilot study. A larger study will need to be undertaken to confirm these results. Practical implications – There is a disjunct between the training and what strata managers consider relevant to undertaking their duties. This has significance for the ongoing governance of these properties and industry professionalisation. The resilience of Australia’s densification policies will depend on how learning will translate into better governance outcomes for owners. Social implications – One in three people within Australia’s eastern states lives or owns property within strata titled complex (apartments, flats and townhouse developments). The increasing number of strata managers and professionalisation within their industry has the ability to impact an increasing number of people. Originality/value – The impact of this new profession, and their requirements in terms of expertise has not been fully considered within existing academic literature.

Reflections on the socio-politics of qualitative research

2015 ◽  
Vol 10 (4) ◽  
pp. 325-328 ◽  
Author(s):  
Albert J. Mills
Keyword(s):  
Qualitative Research ◽  
Qualitative Methods ◽  
Knowledge Production ◽  
Design Methodology ◽  
Sociology Of Knowledge ◽  
Content Type ◽  
The Past ◽  
Politics Of Knowledge ◽  
Qualitative Approaches ◽  
Practical Implications

Purpose – A focus on the socio-politics of qualitative research and, given the space available, to raise more questions than answers. In other words, the author wants to be more speculative then definitive. The paper aims to discuss this issue. Design/methodology/approach – The paper is grounded in a sociology of knowledge approach known as ANTi-History. Findings – The development of qualitative methods is grounded in the socio-politics of knowledge production. Research limitations/implications – The focus chosen – ANTi-History – is selected in exclusion to other potential approaches. Practical implications – To encourage researchers to include socio-politics in understanding the production of qualitative research methods. Social implications – Identification of the socio-politics that underlie qualitative approaches. Originality/value – The paper is rooted in a developing approach to the socio-politics of knowledge of the past.

scholarly journals Alignment of business in robotic process automation

2019 ◽  
Vol 3 (1) ◽  
pp. 26-35 ◽  
Author(s):  
Ning Zhang ◽  
Bo Liu
Keyword(s):  
Comparative Analysis ◽  
Design Methodology ◽  
Negative Impact ◽  
Qualitative Comparative Analysis ◽  
Process Automation ◽  
Content Type ◽  
Robotic Process Automation ◽  
Business Alignment ◽  
Practical Implications

Purpose This paper aims to find out how business aligns with robotic process automation (RPA) and whether the alignment has the same factors as for IT–business alignment. Design/Methodology/Approach Condition configurations for positive and negative impact for business alignment with RPA. Findings The positive and negative configurations that possibly impact business alignment with RPA. Research limitations/implications There are some human instincts during conditions dichotomization and limited number of cases. Practical implications The findings can be used to guide practice application in real industry. Originality/value This paper adopted crisp-set qualitative comparative analysis to find condition configurations for alignment of business and RPA for more generalization.

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