Can Electronic Agents Be Granted Legal Personality under Islamic Law? A Conceptual Rethink Is Imperative

2010 ◽  
Vol 24 (4) ◽  
pp. 393-416
Author(s):  
Walid Mohammed Almajid
Keyword(s):  
Islamic Law ◽  
Human Being ◽  
Communication Tools ◽  
Legal Personality ◽  
The Past ◽  
Electronic Agents ◽  
Search For Information

AbstractMost legislation, whether international or national, deals with electronic agents in a way that does not reflect the certainty of their features. In the past, only a human being could perform the functions that electronic agents do at present. Such electronic agents that are considered ‘Intelligent’ ramble quickly into various places, search for information, and carry out various stages of a transaction from product and merchant brokering through to negotiation, sales, distribution and payment. Nevertheless, legislations have classified them as communication tools. Perhaps such terminology has been chosen because of the lack of difficulty in its implementation or lack of legislation having the legal tools to recognize clearly the acts of electronic agents. In this paper, the concept ‘electronic agent’ is scrutinized and the feasibility of granting them ‘legal personality’ investigated, particularly under Islamic law. In particular, the question is asked: does the concept ‘legal personality’ really exist under Islamic law? If so, then how is it defined? In addition, in light of the definition(s) presented, how can ‘legal personality’ be attributed to electronic agents?

scholarly journals Re-Examining the Structure of Firms and the Provision of Finance: The Case for Islamic Partnerships

2019 ◽  
Vol 15 (10) ◽  
pp. 64
Author(s):  
Shams Osama Haikal
Keyword(s):  
Islamic Law ◽  
Policy Implications ◽  
Entire System ◽  
Legal Personality ◽  
The Past ◽  
Library Research ◽  
Credit Creation ◽  
Debt Finance

In the past, Muslims and non-Muslims mainly depended on equity-based financing while debt was an exception, but this whole system was altered with the inception of banks followed by the corporations and the role of partnerships started to shrink. Accordingly, many issues emerged concerning the current financial system, for instance three different banking theories were developed that are based on different understanding of how banks and money function and each lead to different economic and policy implications. Frankly, the new entire system was borrowed from the English law and hence raised doubt about its compliance with Sharī’ah. Accordingly, the study aims to re-examine the structure of corporations, especially the concept of legal personality, and the provision of debt finance under the principles of Islamic law and their effect on the economy as compared to partnerships. The study employed library research, content analysis as well as case study approaches and found that the only correct banking theory that is supported by an empirical evidence is the credit creation theory which states that banks can create money out of nothing. Moreover, after analyzing the concept of legal personality, the concept proved not to be accepted by the classical scholars although the majority of the contemporary scholars insist on its validity. Furthermore, the whole structure was found to contradict some of the main principles of Islamic law. Finally, partnerships were found to be more efficient than the debt-based system in terms of allocating the investable resources and the marginal efficiency of capital.

scholarly journals Chronotypes’ Task-Technology Fit for Search and Purchase in Omnichannel Context

2019 ◽  
Vol 2019 ◽  
pp. 1-9
Author(s):  
Syed Waqar Haider ◽  
Guijun Zhuang ◽  
Hammad bin Azam Hashmi ◽  
Shahid Ali
Keyword(s):  
University Students ◽  
Complex Behavior ◽  
Digital Devices ◽  
The Past ◽  
Mobile Channel ◽  
Chinese University ◽  
Mobile Channels ◽  
Task Technology Fit ◽  
Search For Information ◽  
Morning Type

Advances in technology have led to a spurt in tech-savvy consumers displaying increasingly complex behavior. In the past, consumers concluded their search and purchases at a single physical store. Nowadays, however, they possess a number of digital devices (desktops and/or mobiles) through which they can switch channels seamlessly to search for information and make a purchase. There are very few studies that investigate desktop and mobile channels separately; this is perhaps the first study that examines the effect of chronotypes (evening- and morning-type individuals) on a sample of Chinese university students using online and mobile channels in the omnichannel process. The results from a sample of 311 digital shoppers (desktops and/or mobiles) confirm that the mobile channel offers greater task-technology fit to evening-type respondents and desktop channels present better task-technology fit to morning-type respondents to engage in the omnichannel process. Furthermore, this study discussed contributions and insights for managers to develop an effective omnichannel strategy.

scholarly journals Pembaruan Maslaḥah dalam Maqāṣid Al- Sharī‘ah: Telaah Humanistis tentang Al-Kulliyyāt Al-Khamsah

ULUMUNA ◽  
2017 ◽  
Vol 16 (1) ◽  
pp. 103-124
Author(s):  
Zaenuddin Mansyur
Keyword(s):  
Human Rights ◽  
Human Resources ◽  
Islamic Law ◽  
Legal Reform ◽  
Social Solidarity ◽  
Freedom Of Religion ◽  
Human Being ◽  
Human Rights Abuses ◽  
Social Disintegration ◽  
The Family

In order to answer a variety of issues faced by human being in the current era, such as human rights abuses, social disintegration, and terrorism, the renewal of Islamic law in the level of theoretical and practical aspects is very urgent. This paper aims to examine one of the Islamic legal reform efforts, namely to build a more technical understanding of the concept of maṣlaḥah contained in the maqāṣīd sharī‘ah, called the al-kulliyat al-khamsah. Therefore, the concept of maṣlaḥah in ḥifẓ al-dīn is technically defined as al-ḥurriyah al-i‘tiqād (freedom of religion and schools); in ḥifẓ al-nafs as al-karamat al-insān (human being breeding); in ḥifẓ al-nasl as ḥifẓ al-usrah (wholeness and harmony of the family); in ḥifẓ al-māl as al-taḍammun al-insān (social solidarity ), and in ḥifẓ al-‘aql as al-ḥuqūq as al-tarbiyāt (increasing human resources quality).

scholarly journals http://habibiaislamicus.com/index.php/hirj/article/view/228

2021 ◽  
Vol 5 (3) ◽  
pp. 69-82
Author(s):  
Karim Khan ◽  
Keyword(s):  
Social Life ◽  
Human Being ◽  
Full Understanding ◽  
Islamic Culture ◽  
Life After Death ◽  
Environmental Situation ◽  
The Past ◽  
Major Factors ◽  
Past Experiences ◽  
Islamic Civilization

Change and development started with the creation of universe and human being. The society got developed and advanced, depended on the experiences of man in the past, environmental situation, relations with all other species around him etc. The culture and civilization also developed with the passage of time. The man could not decide with justice even with his full understanding of the of problems and situation. On the eve of unsuccessful approach of human being towards such problems and their solutions / decisions, Almighty Allah guided the human being through His messengers. The purpose of their (Prophets-pbut) being was to make favourable and justful approach to the problems faced by the man as an individual as well as in society. The culture and civilization is infact the progressive shape of man made cultures having all the past experiences of social life confronted by him in the past. Islamic civilization considers all the elements essential to effectuate the living of humanbeing. The concept of life, the purpose of life, the beliefs & thoughts, the involvement of man, the collective structure of the society etc are the basic elements of Islamic culture & civilization. Cultures & Civilizations are formulated on three major factors, i.e. Geographical, Biological and Ideological factors. Culture and Civilization also require moral groundings on which the rites and rituals are formulated and performed by all the members of the society. The purpose of Islamic civilization is ‘Peace’ and ‘Tranquility’ for the humans in this world and in the Hereafter. Therefore, the characteristics of Islamic culture & civilization are; the oneness of God, brotherhood, justice & goodwell, respect, cleanliness, moral character and freedom. Islamic culture and civilization guarranttee success for the human being in this material world and in the life after death.

scholarly journals History, memory and reconciliation: Njabulo Ndebele’s The cry of Winnie Mandela and Pumla Gobodo-Madikizela’s A human being died that night

Literator ◽  
2006 ◽  
Vol 27 (2) ◽  
pp. 1-20
Author(s):  
R. Goodman
Keyword(s):  
South African ◽  
Human Being ◽  
African History ◽  
African Society ◽  
South African Society ◽  
The Past ◽  
Public Figures ◽  
Ethical Complexity ◽  
Narrative Techniques

This article deals with two texts written during the process of transition in South Africa, using them to explore the cultural and ethical complexity of that process. Both Njabulo Ndebele’s “The cry of Winnie Mandela” and Pumla Gobodo-Madikizela’s “A human being died that night” deal with controversial public figures, Winnie Mandela and Eugene de Kock respectively, whose role in South African history has made them part of the national iconography. Ndebele and Gobodo-Madikizela employ narrative techniques that expose and exploit faultlines in the popular representations of these figures. The two texts offer radical ways of understanding the communal and individual suffering caused by apartheid, challenging readers to respond to the past in ways that will promote healing rather than perpetuate a spirit of revenge. The part played by official histories is implicitly questioned and the role of individual stories is shown to be crucial. Forgiveness and reconciliation are seen as dependent on an awareness of the complex circumstances and the humanity of those who are labelled as offenders. This requirement applies especially to the case of “A human being died that night”, a text that insists that the overt acknowledgement of the humanity of people like Eugene de Kock is an important way of healing South African society.

Safety and Regularity in Landing

1959 ◽  
Vol 63 (588) ◽  
pp. 690-695
Author(s):  
E. S. Calvert
Keyword(s):  
Failure Rate ◽  
Visual Stimuli ◽  
Visual Task ◽  
Human Being ◽  
Visual Aids ◽  
The Past ◽  
Approach Speed

The paper I have presented to you here is a brief account of the work we have been doing in the past six years at Farnborough and B.L.E.U. In studying visual judgments during the past few years, we have been driven to one conclusion which is pretty well the same as that which Capt. Prowse put before you, namely, that we are reaching the limit of what the human being can do. Every visual task has a certain failure rate, and I think this rate depends on the value of V|ak, where V is the approach speed, a is the acceleration which the pilot is able and willing to apply during a corrective manoeuvre, and k is an index representing the goodness of the visual stimuli. The tendency is for V|a to increase as aircraft get larger and heavier, but we have hitherto managed to counteract this by improving the visual aids, i.e. by increasing k.

Concluding Remarks

2010 ◽  
Vol 6 (S269) ◽  
pp. 183-185
Author(s):  
Roger M. Bonnet
Keyword(s):  
Human Being ◽  
Galileo Galilei ◽  
The Past ◽  
Scientific Achievements

Let me first express my warmest acknowledgements to Cesare Barbieri for having taken the initiative of convening this symposium. These two days offered a unique opportunity to celebrate the scientific achievements and the legacy of Galileo Galilei. It allowed not only celebrating the scientist but also the philosopher and the human being. It was a fantastic journey in the past, present and future exploration of our universe and a fantastic retrospection into the Renaissance world which no better city than Padova would be able to offer. During these two days we could listen to a well balanced and well prepared set of excellent papers and presentations. All participants should be congratulated for their very active interactions during the discussions in the aula and also during coffee and lunch breaks.

scholarly journals GENDER, VIOLENCE, AND SOCIAL JUSTICE IN ISLAM: MUSLIM FEMINIST SCHOLARS IN THE PUBLIC EYE

2016 ◽  
Vol 31 (3) ◽  
pp. 293-305
Author(s):  
Shannon Dunn
Keyword(s):  
Islamic Law ◽  
Gender Violence ◽  
The Public ◽  
Islamic Studies ◽  
The Past ◽  
Intellectual Diversity ◽  
Islamic Tradition ◽  
Legal Questions ◽  
Individual Contributions ◽  
Shed Light

Three recent books focused on law, gender, and Islam not only make important individual contributions to the field of law and religion, but together, in their attention to issues of gender, sex, violence, and law, signal an important development in both this field and the field of Islamic studies. This state of the field essay examines Kecia Ali's revised and expanded edition ofSexual Ethics and Islam, Ayesha Chaudhry'sDomestic Violence and the Islamic Tradition, and Hina Azam'sSexual Violation in Islamic Law. Individually and collectively, these works shed light on the way that societies use gender as a fundamental tool of social organization and hierarchy. While Ali, Chaudhry, and Azam focus mainly on the classical Sunni Islamic tradition, their insight has wider methodological import for the study of law and religion. Further, they illuminate the intellectual diversity within the Islamic tradition, both in the past and in the present. In doing so, they draw attention to the process of how the intellectual tradition is retrieved and appropriated in contemporary contexts. Finally, their work is historical and descriptive as well as normative: this kind of scholarship challenges the distinction in the study of religion between these two categories. Ali, Chaudhry, and Azam each places her observations and arguments about classical Sunni Islamic texts and traditions in productive conversation with ethical and legal questions that Muslims face today.

Promiscuity, Polygyny, and the Power of Revenge: The Past and Future of Burmese Buddhist Law in Myanmar

2016 ◽  
Vol 3 (1) ◽  
pp. 85-104 ◽  
Author(s):  
Melissa CROUCH
Keyword(s):  
Potential Application ◽  
Islamic Law ◽  
Family Law ◽  
The Past ◽  
The World ◽  
History Of ◽  
The Creation

AbstractMyanmar is the only Buddhism-majority country in the world that has developed and maintained a system of family law for Buddhists enforced by the courts. This article considers the construction of Burmese Buddhist law by lawyers, judges, and legislators, and the changes made through legislative intervention in 2015. It begins by addressing the creation and contestation of Burmese Buddhist law to demonstrate that it has largely been defined by men and by its perceived opposites, Hinduism and Islam. Three aspects of Burmese Buddhist law that affect women are then examined more closely. First, Burmese Buddhist law carries no penalties for men who commit adultery, although women may risk divorce and the loss of her property. Second, a man can take more than one wife under Burmese Buddhist law; a woman cannot. Third, restrictions on Buddhist women who marry non-Buddhist men operate to ensure the primacy of Burmese Buddhist law over the potential application of Islamic law. This article deconstructs the popular claim that women are better off under Burmese Buddhist law than under Hindu law or Islamic law by showing how Burmese Buddhist law has been preoccupied with regulating the position of women. The 2015 laws build on this history of Burmese Buddhist law, creating new problems, but also potentially operating as a new source of revenge.

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