Ġarar vs. Jurisprudential Necessity in Commercial Insurance Contracts

2021 ◽  
pp. 1-29
Author(s):  
Maher Haswa ◽  
Suhaib Walid Sharaiyra
Keyword(s):  
Direct Effect ◽  
Traditional View ◽  
Critical Approach ◽  
Holistic View ◽  
Commercial Insurance ◽  
Insurance Contracts

Abstract This study deals with the effect of ġarar (uncertainty) and jurisprudential necessity on the Sharīʿah permissibility of commercial insurance contracts, using an analytical and critical approach. The study clarifies the meaning of ġarar, and its effect on contracts, by verifying the effective cause of ġarar, determining its degree, and ascertaining the rationale for its prohibition. The criterion for differentiating between trivial and substantial ġarar is discussed, as well as the views of jurists who permit insurance contracts through a holistic view approach, contrary to the traditional view. The study distinguishes between ḥāǧah (necessity) in the jurisprudential sense, general necessity as expressed in the objectives of the lawgiver, from the concept of ḍarūrah (essentiality). Furthermore, the study highlights an important jurisprudential rule that has direct effect on the permissibility of insurance contracts, i.e., ‘what is forbidden for the prevention of the means (of corruption) is permitted for the preponderant interest’.

scholarly journals Legal Education in Ireland: A Paradigm Shift to the Practical?

2010 ◽  
Vol 11 (9) ◽  
pp. 1067-1092 ◽  
Author(s):  
Marie-Luce Paris ◽  
Lawrence Donnelly
Keyword(s):  
General Structure ◽  
Legal Education ◽  
Bologna Process ◽  
Education Programme ◽  
Traditional View ◽  
Holistic View ◽  
The Status ◽  
The Face ◽  
Student Centred Learning ◽  
Approximate Cost

AbstractIrish legal education is under increasing pressure to reform and reinvent itself in the face of various challenges, especially those implied by the Bologna process. In line with two of the main priorities of the process, namely employability and student-centred learning, a growing number of Irish law faculties have incorporated, or are planning to incorporate, more practice-related components into the law curriculum and, in some cases, a fully fledged Clinical Legal Education programme. This is an important shift in the paradigm of legal education in Ireland which should be welcomed and encouraged by all stakeholders – students, academics, practitioners, judges and those involved in myriad capacities in the administration of justice.In the first part, a comprehensive presentation is given about the general structure of legal education in Ireland dealing with the main legal education providers, academic and professional requirements for legal training, as well as figures on the legal population and the approximate cost of legal education. The second part goes on to consider three views about the role of practice in Irish legal education, namely the ‘traditional’ view, the ‘holistic’ view and the ‘clinical’ view. These schematically presented views reflect different perspectives on the nature and purpose of legal education. They do not necessarily compete with each other, especially the last two which could arguably complement one another in the general renewal that Irish legal education is facing at the moment. The traditional view is that the status quo, i.e., in which practical elements are not a big feature of legal education at third level, has worked well and should, more or less, be preserved. The holistic view encourages the teaching of some element of practical preparation, but that this can best be provided to students by third level institutions through interdisciplinary courses that put law in context. The view which favours clinical legal education is that more can, and indeed should, be done to enhance the preparation of students for law practice, although it has to be pondered in light of economic realities, competing views about pedagogy and the Bologna context.

Reconfiguring Information Services in the Light of the Post-Custodial, Informational, and Scientific Paradigm of Information Science

2016 ◽  
pp. 96-110
Author(s):  
Olívia Pestana
Keyword(s):  
National Health Service ◽  
Health Service ◽  
Health Information ◽  
Direct Effect ◽  
Information Science ◽  
Information Services ◽  
Holistic View ◽  
Scientific Paradigm ◽  
Dynamic Vision ◽  
Disciplinary Field

In the present work, developed within the disciplinary field of Information Science (IS), and under the new post-custodial, informational and scientific paradigm of IS, which conveys a holistic view of information and has a direct effect on the organization of services, we start by analyzing the relation between health information and the IS disciplinary field. Then, we present an overview of studies on health information services and we show the major conclusions of a study of the information services in the hospitals of the Portuguese National Health Service. Taking the mentioned paradigm as the theoretical-epistemological reference of our work, and based on the findings obtained in the studies, we propose a model for the (re)organization of information services in the hospital context, considering the integrated, systemic and dynamic vision of the information.

Direct and Indirect Effects of CSR on Customer Reactions: PLS SEM Approach

2021 ◽  
Author(s):  
Abdul Rashid ◽  
◽  
Varsha Rokade ◽  
Keyword(s):  
Direct Effect ◽  
Indirect Effects ◽  
Structural Equation ◽  
Equation Modeling ◽  
Holistic View ◽  
Indian Context ◽  
Quality Scale ◽  
Retail Service ◽  
Corporate Social ◽  
Retail Service Quality

Purpose- Study aims at finding the Direct Effects of Corporate Social Responsibility (CSR) on Customer Satisfaction, Trust and Loyalty, together called as Customer Reactions (CR) and Indirect effects via Retailer Personality (RP). Design/methodology/approach- A Food and Grocery Retail customer intercept survey was conducted with sample size 410. Links were identified followed by development of a conceptual model. EFA was conducted through SPSS (23v) and CFA through Smart PLS (3.2.7v). Structural Equation Modeling was used to test the hypotheses. Findings- It was found that perceived CSR Policy of the retailer shown a direct effect on Retailer Personlaity but shown no direct effect on CR whereas CSR Policy exhibited varied indirect effects on CR via RP. Research limitations/implications- Deficient resources led to the lacking of generalizability of research outcomes. The present research was based on Retail Service Quality Scale in Indian context, though by adopting other scales, results may vary in different cultural settings. Practical implications- Improved CSR Policy of the retailer can have a favorable indirect effect on CR via Retailer Personality. Retailer can mould the CSR Policy to enhance CR. Originality/value- Study endeavored to create a holistic view of the effects of CSR Policy on CR. Relationships among all variables give originality to the study which has never been studied in Indian context.

Facial Likability and Smiling Enhance Cooperation, but Have No Direct Effect on Moralistic Punishment

2016 ◽  
Vol 63 (5) ◽  
pp. 263-277 ◽  
Author(s):  
Laura Mieth ◽  
Raoul Bell ◽  
Axel Buchner
Keyword(s):  
Conditional Probability ◽  
Direct Effect ◽  
Prisoner's Dilemma ◽  
Prisoner’S Dilemma ◽  
Prisoner’S Dilemma Game ◽  
Costly Punishment ◽  
Prisoner's Dilemma Game ◽  
Moralistic Punishment

Abstract. The present study serves to test how positive and negative appearance-based expectations affect cooperation and punishment. Participants played a prisoner’s dilemma game with partners who either cooperated or defected. Then they were given a costly punishment option: They could spend money to decrease the payoffs of their partners. Aggregated over trials, participants spent more money for punishing the defection of likable-looking and smiling partners compared to punishing the defection of unlikable-looking and nonsmiling partners, but only because participants were more likely to cooperate with likable-looking and smiling partners, which provided the participants with more opportunities for moralistic punishment. When expressed as a conditional probability, moralistic punishment did not differ as a function of the partners’ facial likability. Smiling had no effect on the probability of moralistic punishment, but punishment was milder for smiling in comparison to nonsmiling partners.

Health Psychology: A Holistic View

1992 ◽  
Vol 37 (6) ◽  
pp. 553-554
Author(s):  
Cathie Atkinson ◽  
Barbara L. Andersen
Keyword(s):  
Health Psychology ◽  
Holistic View

Buffering and direct effect of posttraumatic growth in predicting distress following cancer.

2017 ◽  
Vol 36 (6) ◽  
pp. 549-559 ◽  
Author(s):  
Ashley Wei-Ting Wang ◽  
Cheng-Shyong Chang ◽  
Shou-Tung Chen ◽  
Dar-Ren Chen ◽  
Fang Fan ◽  
...  
Keyword(s):  
Posttraumatic Growth ◽  
Direct Effect

Ticlopidine and Clopidogrel (SR 25990C) Selectively Neutralize ADP Inhibition of PGE1-Activated Platelet Adenylate Cyclase in Rats and Rabbits

1991 ◽  
Vol 65 (02) ◽  
pp. 186-190 ◽  
Author(s):  
G Defreyn ◽  
C Gachet ◽  
P Savi ◽  
F Driot ◽  
J P Cazenave ◽  
...  
Keyword(s):  
Platelet Aggregation ◽  
Adenylate Cyclase ◽  
Direct Effect ◽  
Cyclic Nucleotide ◽  
Camp Accumulation ◽  
Rabbit Platelets ◽  
Camp Levels ◽  
Kinetics Of ◽  
Camp Elevation ◽  
Rat Platelets

SummaryTiclopidine and its potent analogue, clopidogrel, are powerful inhibitors of ADP-induced platelet aggregation. In order to improve the understanding of this ADP-selectivity, we studied the effect of these compounds on PGE1-stimulated adenylate cyclase and on the inhibition of this enzyme by ADP, epinephrine and thrombin. Neither drug changed the basal cAMP levels nor the kinetics of cAMP accumulation upon PGEj-stimulation in rat or rabbit platelets, which excludes any direct effect on adenylate cyclase or on cyclic nucleotide phosphodiesterase. However, the drop in cAMP levels observed after addition of ADP to PGEr stimulated control platelets was inhibited in platelets from treated animals. In contrast, the drop in cAMP levels produced by epinephrine was not prevented by either drug in rabbit platelets. In rat platelets, thrombin inhibited the PGEX-induced cAMP elevation but this effect seems to be entirely mediated by the released ADP. Under these conditions, it was not surprising to find that clopidogrel also potently inhibited that effect of thrombin on platelet adenylate cyclase. In conclusion, ticlopidine and clopidogrel selectively neutralize the ADP inhibition of PGEr activated platelet adenylate cyclase in rats and rabbits.

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