scholarly journals The Qualifications of Arbitral Tribunal: Perspectives of Shariah Law and UNCITRAL Model Law

Author(s):  
Omar Saleh Abdullah Bawazir ◽  
Mohammad Azam Hussain

Arbitration is an alternative mechanism which can be adopted by the parties involved in any legal issues other than the court. Arbitral tribunal plays essential role and has roles and functions similar to the court judges. Only qualified person is eligible to be appointed as arbitrator. From Islamic perspective, the Muslim jurists have laid down several requirements to be fulfilled by such person before the appointment has been made. The UNCITRAL Model Law which is internationally adopted by most of the countries in the world in setting up their arbitration institution also has a provision pertaining to the qualifications of arbitral tribunal. The question arises, what are the qualifications required under Shariah law and prescribed by UNCITRAL Model Law? Is there any similarities? Based on such research questions, this article seeks to analyse the qualifications of the arbitral tribunal from the perspectives of Shariah law and UNCITRAL Model Law. Based on the library data, content analysis method is adopted to compare the qualifications of arbitral tribunal from both perspective. This study found that, the Shariah law and UNCITRAL Model Law have its own requirements for the person to be appointed as arbitrator. The study also found that, Shariah law provides more details in this regard compared to UNCITRAL Model Law which provides only the general principles.

2017 ◽  
Vol 1 (104) ◽  
pp. 55-64 ◽  
Author(s):  
Kadir Yıldız ◽  
Pınar Güzel ◽  
Fırat Çetinöz ◽  
Tolga Beşikçi

Background. In this research, we aimed to investigate the effects of outdoor camps on orienteering athletes. Methods. The study group consisted of 74 athletes (44 males and 30 females, aged 11.94 ± 1.32 years) who participated in Bolu outdoor camp on the 3 rd –13 th of August, 2015. Interview technique, which is one of the qualitative research methods, was used as data collection tool and content analysis method was used for data analysis. Results. Demographic factors were interpreted after the analysis of the obtained data and three main research questions were discussed under the topics of the views of athletes about the concept of Orienteering which is an outdoor sport, themes and codes regarding the purpose of Orienteering by the students who participated in the outdoor camp, and themes and codes about the outcomes of Orienteering for the students who participated in outdoor camps. Conclusion. It is suggested that a policy must be developed within the Ministry of Youth and Sport and Sport Federations in order to disseminate more deliberate and more comprehensive outdoor education among young people and measures should be taken to provide extensive participation.


2015 ◽  
Vol 5 (4) ◽  
pp. 278
Author(s):  
Tiina Veijola ◽  
Kaarina Määttä ◽  
Satu Uusiautti ◽  
Tanja Äärelä

<p>The purpose of this study was to analyze the availability and usability of aids for dyslexia according to the experiences of people with dyslexia. This was a qualitative study in which people with dyslexia were asked to participate by filling out a qualitative survey. The analysis followed the principles of qualitative content analysis method. Participants (N=11) were 15-65-year-old Finnish people with diagnosed dyslexia who use aids for dyslexia regularly. The purpose of this study was to answer the following research questions: (1) How do the people with dyslexia describe the importance of the aids for dyslexia in their everyday life and learning?; (2) Which aids for dyslexia do the people with dyslexia consider the most usable and beneficial?; and (3) What challenges have the people with dyslexia faced when using aids for dyslexia? According to the findings, aids for dyslexia were considered irreplaceably important and supported everyday life in numerous ways. The participants reported that they used aids in many areas of life, such as in school, work, and leisure. The most usable aids were computers (especially word processing soft wares), tablets, and smart phones. Most of the participants had used one or more of them. The biggest challenges were the expensiveness of aids and difficulties in learning to use aids. As the knowledge about dyslexia and number of diagnoses increase, new studies on the possible aids and their developmental needs are required. Versatile aids can provide personal help and support the coping of people with dyslexia in many areas of life. Furthermore, the study showed that, based on the participants’ experiences, more attention should be paid on the product development of aids for dyslexia in the future.</p>


2015 ◽  
Vol 11 ◽  
pp. 47-56
Author(s):  
Azmil bin Zainal Abidin

Sa`id Hawwa was a prominent figure of the post-Ottoman Islamic revival. As well as being a member of the Muslim Brotherhood of Syria, he was also grounded in Sufi tradition and education. He exerted an effort to re-organize the orientation of understanding about the tradition of Islamic knowledge in order to answer the challenge of the Western thoughts. His work is impregnated with new ideas related to the forms of interactions towards the Islamic disciplines which come in equilibrium; this includes the knowledge of tasawwuf. The objective of this study is to identify the Sufi framework which underlies Sa'id Hawwa’s works. The study also examines his perspective in revitalizing Sufi discourse in relation to current reality. Another objective of the study is to analyse his recommendations in endorsing the current understanding and practice of Sufism. This research was based on literature review through the documentation method in collecting data related to the research questions as well as data analysis method; thaht was the process of identifying the form of data collected for interpretation. The study finds that Sa'id Hawwa’s works are centered on purifying the conceptions of the Muslim community in their interaction with the world and Sufism. He stressed on the link between tasawwuf with other Islamic branches of knowledge. In the theoretical context, he reaffirmed that Sufism, as a stage of experiential faith (dhawqi), is a consequence of the monotheistic creed of Islam, which is a stage of intellectual faith (aqli). In the practical context, he emphasized the importance of orientating Sufism so as not to neglect the demands of the current obligations (wajib al-waqt) based on the current Islamic scenarios. The study concludes that Sa'id Hawwa made several contributions to the field of Sufism:  they are the integration of Sufi discourse with perspectives from other forms of Islamic knowledge;  and the revitalization of Sufi discourse by acknowledging current reality; and the criticism of those apsects of Sufism that are deemed to have deviated from the authentic Sufi path. He also linked aspects of the practice of Sufism with spiritual preparation for the restoration of the caliphate system. In other words, Sa’id Hawwa’s perspective is centered on the re-interpretation of Sufism, as a medium to elevate the status of the Islamic Sharia comprehensively.   Keywords: Sa`id Hawwa; contemporary tasawwuf perspective; Sufism tradition.     Sa`id Hawwa adalah tokoh idea kebangkitan Islam pasca-Uthmaniyyah. Selain menceburi gerakan al-Ikhwan al-Muslimin Syria, keperibadian beliau berlatarkan tradisi dan pendidikan kesufian. Dalam konteks keilmuan, beliau berusaha menyusun semula kerangka tradisi ilmu agar siap menghadapi bentuk cabaran dan serangan pemikiran Barat. Karya beliau sarat dengan idea pembaharuan berhubung bentuk interaksi terhadap disiplin ilmu Islam secara sepadu dan seimbang, termasuk ilmu tasawuf. Kajian ini bertujuan mengenal pasti sudut pandang yang melatari karya tasawuf Sa`id Hawwa. Penulisan ini turut mengkaji perspektif beliau dalam menyegarkan wacana tasawuf menurut realiti semasa. Termasuk dalam objektif kajian adalah menganalisis saranan beliau dalam memperbaiki aspek kefahaman dan pengamalan tasawuf semasa. Penulisan ini diasaskan kepada kajian kepustakaan menerusi metode dokumentasi dalam mengumpulkan data penting berkaitan persoalan yang dikaji dan metode analisis data iaitu proses mengesan bentuk data yang telah dikumpul untuk melakukan interpretasi. Kajian mendapati, karya Sa`id Hawwa adalah berpaksikan pemurnian semula konsepsi umat Islam dalam berinteraksi dengan tasawuf. Beliau menekankan pertautan di antara ilmu tasawuf dengan panduan ilmu-ilmu Islam lainnya. Dalam konteks teoretikal, beliau menegaskan kedudukan ilmu tasawuf yang berupa iman di peringkat rasaan (dhawqi) sebagai susulan ilmu akidah tauhid yang berupa iman di peringkat akliah (aqli). Dalam konteks praktikal, beliau menekankan kepentingan orientasi penghayatan tasawuf yang tidak mencuaikan tuntutan kewajipan semasa (wajib al-waqt) menurut senario umat Islam. Kajian merumuskan sumbangan utama Sa`id Hawwa di bidang tasawuf iaitu mengintegrasikan tasawuf dengan perspektif ilmu-ilmu Islam lain, mengaitkan wacana tasawuf dengan realiti semasa dan mengkritik gejala penyimpangan dari landasan tasawuf yang sahih. Beliau turut mengaitkan aspek pengamalan tasawuf sebagai persiapan rohani dalam mengembalikan semula sistem khilafah. Dalam erti kata lain, perspektif Sa`id Hawwa berpaksikan kepada pemaknaan semula tasawuf sebagai wahana memartabatkan syariat Islam secara komprehensif.   Kata kunci: Sa`id Hawwa; perspektif tasawuf kontemporari; tradisi kesufian.


2020 ◽  
Vol 6 (1) ◽  
pp. 1-6
Author(s):  
Yehia Hassan Wazeri

The Qur’an contains about eighteen verses that refer to the architecture of the earth. Nearly two hundred elements (terminologies) of architecture and town planning have been mentioned in the Quran. This paper aims to present examples from the Quran to shed light on the Islamic vision of architecture and art. It uses content analysis method to achieve the objective of the research. The analysis is done by studying and discussing verses of the Holy Quran, which is related to architecture and urbanism. One of the most important results of this research is to give distinct architectural and urban examples, include the following: building materials, environmental architecture, houses of insects, visual illusions in architecture, and the centrality of Mecca to the world. All of them is explained in the Qur’an verses, such as Al-Baqarah, An-Naml, An-Nahl, Al-Kahf, and Al-Fajr. 


2021 ◽  
Vol 25 (1) ◽  
pp. 97-114
Author(s):  
Dini Farhana Baharudin ◽  
Kalsom Ali ◽  
Mahanom A. Jalil ◽  
Arif Ainur Rofiq

The Coronavirus Disease 2019 (COVID-19) pandemic affects mental health in communities all over the world. Thus, this paper aims to see the potential of gardening as a therapy for mental health during this COVID-19 pandemic. Through the content analysis method, library research was conducted to examine this intervention. Findings show that gardening can be an alternative approach to prevention and healing in regards to mental health issues. Nature-based intervention such as gardening helps bring the feeling of peace and closeness to Allah which also allows for mental health issues to be curbed and health be restored, which ensures the overall well-being of those affected by COVID-19.


2021 ◽  
Vol 10 (2) ◽  
pp. 45
Author(s):  
S. S. Makgopa

Service organisations are faced with intense competition and are relying on service innovations to achieve a competitive advantage. The purpose of this study was to investigate the drivers of service innovation in service organisations. Complexity Theory is adopted as the underlying conceptual lens to answer the research questions and attain the research objectives. A qualitative research method was followed to achieve the research objective. In-depth interviews were conducted to collect primary data with service managers and marketing personnel of service organisations. The primary data in this research paper were analysed using a content analysis method with the aid of Atlas.ti version 8. The results of this study revealed that the level of competition in the industry, and customers’ changing behavior. In addition, this study uncovered the key organisations’ resources that serve as key drivers of service innovation in service organisations. This paper provides recommendations to managers in service organisations and directions for future research on service innovation.   Received: 1 November 2020 / Accepted: 9 December 2020 / Published: 5 March 2021


Author(s):  
Mohamad Isa Abd. Jalil

The literature of waqf is no longer foreign in the body of knowledge. Many researchers have written about waqf in various settings and disciplines. One of the waqf subjects studied was on the issues and challenges faced in practising waqf. The objectives of this study are to review and formulate issues and challenges of waqf practices in Malaysia that have been recorded by previous researchers. Using the content analysis method, past studies have been grouped and formulated. As a result, the study found that there are seven (7) issues and challenges of waqf practices that are experienced in most places, i.e. legal issues, awareness and knowledge, lack of funds, idle assets, management inefficiencies, incomplete record data, and illegal invasion. Abstrak Sastera wakaf tidak lagi asing dalam badan ilmu. Banyak penyelidik telah menulis mengenai wakaf dalam pelbagai tetapan dan disiplin ilmu. Salah satu subjek wakaf yang dikaji adalah mengenai masalah dan cabaran yang dihadapi dalam mempraktikkan wakaf. Objektif kajian ini adalah untuk mengkaji dan merumuskan isu dan cabaran amalan wakaf di Malaysia yang telah direkodkan oleh pengkaji terdahulu. Dengan menggunakan kaedah analisis kandungan, kajian lepas telah dikelompokkan dan dirumuskan. Hasilnya, kajian mendapati bahawa terdapat tujuh (7) masalah dan cabaran amalan wakaf yang dialami di kebanyakan tempat, seperti masalah hukum, kesedaran dan pengetahuan, kekurangan dana, aset terbiar, ketidakcekapan pengurusan, data rekod yang tidak lengkap, dan pencerobohan haram.


2020 ◽  
Vol 11 ◽  
pp. 153-182
Author(s):  
Abbas Mirshekari ◽  
Ramin Ghasemi ◽  
Alireza Fattahi

In recent times, cyberspace is being widely used so that everyone has a digital account. It naturally entails its own legal issues. Undoubtedly, one of the main issues is that what fate awaits the account and its content upon the account holder’s death? This issue has been neglected not only by the primary creators of digital accounts but also by many legal systems in the world, including Iran. To answer this question, we first need to distinguish between the account and the information contained therein. The account belongs to the company that creates it and allows the user to use it only. Hence, following the death of the account holder, the account will be lost but the information will remain because it was created by him/her and thus belongs to him/her. However, does this mean that the information will be inherited by the user’s heirs after his/her death? Can the user exercise his/her right to transfer account content to a devisee through a testament? Comparing digital information with corporeal property, some commentators believe that the property will be inherited like corporeal property. This is a wrong deduction because the corporeal property can disclose the privacy of the owner and third parties less than the one in cyberspace. This paper aims to show what happens to a digital account after its user passes away and examine the subject using the content analysis method in various legal systems in the world, especially in Iran as a case study. The required information is collected from law books, articles, doctrines, case laws, and relevant laws and regulations of different countries. To protect the privacy interests of the deceased and others, it is concluded that the financially valuable information published by the account holder before his/her death can be transferred to successors. As a rule, the information that may violate privacy by divulging should be removed. However, given that this information may be a valuable source in the future to know about the present, legislators are suggested to make digital information, which may no longer lead to the invasion of the decedent’s privacy, available to the public after a long time.


2021 ◽  
Vol 23 (1) ◽  
pp. 65-82
Author(s):  
Md Mohiul Islam ◽  
Hamedi Mohd Adnan ◽  
Mohd Amir Mat Omar ◽  
Nilufa Akter

Tom and Jerry has already celebrated its Platinum Jubilee as it was produced firstly in 1940 and bit by bit Tom and Jerry has been dominating the watch-lists of the cartoon lovers from all over the world by retaining itself as one of the most popular cartoons of all time. But it is not only the never-ending rivalry between the cat and the mouse with the slapstick comedy that helps the cartoon to be as one of the talked of the topics in the entertainment and media industry, it has created some controversies regarding its contents; and violence is one those that has made the scholars and critics talk about it and its possible impacts on the audience. Apart from lamenting for the impacts of violence on the juveniles’ mind, this study rather focuses on how Tom and Jerry projects violence alongside with the slapstick comic elements in the name of entertainment since it is significant to discern what violence is and then categorize them into different type as different categories of violence may have impact on the audience in different ways. By defining the term violence, this study shows how Tom and Jerry displays the actions which can be the ribs and stretchers of the umbrella known as violence. Whereas most of the scholars concentrate on the outcome of showing violence among the different programs in media, this study categorizes the actions performed by the characters in the cartoon into different categories through a qualitative content analysis method and defines those actions according to the definitions of violence.


HUMANIS ◽  
2018 ◽  
pp. 715
Author(s):  
Putu Sintha Handayani ◽  
Ni Luh Nyoman Seri Malini ◽  
Ni Luh Putu Krisnawati

Another way to express feeling, relief from burden or show how intimate someone with another is by using taboo words; even though, it is a forbidden language. However, the using of taboo words can induce misunderstanding if it is used in inappropriate situation. Moreover, there are many taboo words used by characters in the Hollywood movies which can be imitated by people from other countries without knowing the proper meaning and situation to use them because in some context, some of taboo words can have another meaning and what is not taboo for someone may be taboo for others. Seeing this phenomenon, the aims of this study are to classify types and find the functions of taboo words. The data source is one of the Hollywood movies entitled Walk of Shame. Therefore, people can be more aware to use taboo words. Some methods and techniques were applied for this research. In collecting data, content-analysis method and observation and note taking techniques were used. The following step was analysing the collected data. Qualitative method was used and the analysis techniques were collecting, reducing and classifying. The method in presenting the result is descriptive method; the result of the analysis is presented and explained in details by using words and sentences. The Theory proposed by Jay (1992) is combined with the theory proposed by Halliday and Hasan (1985); those are used to classify types of taboo words. Moreover, the theory proposed by Liedlich (1975) is used to find the function of using it. Six of ten types of taboo words were found; they are cursing, profanity, slang, ephitets, vulgarity, as well as insult and slur. Moreover, there were six functions of using taboo words found, they are creating attention, discredit, endearment, creation of strong interpersonal identification, provoking violent confrontation, and providing catharsis.


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