Chinese Philosophy in Banking and Finance

2018 ◽  
Vol 34 (2) ◽  
pp. 259-267
Author(s):  
Paul J. D'Ambrosio

This review article defends Brook Ziporyn against the charge, quite common in graduate classroom discussions, if not in print, that his readings of early Chinese philosophy are ‘overly Buddhist’. These readings are found in his three most recent books: Ironies of Oneness and Difference: Coherence in Early Chinese Thought, Beyond Oneness and Difference: Li and Coherence in Chinese Buddhist Thought and Its Antecedents, and Emptiness and Omnipresence: An Essential Introduction to Tiantai Buddhism. His readings are clearly Buddhist-influenced, but this is not in and of itself problematic. The core issue is rather to what degree these ‘Buddhist elements’ are actually already existent in, and have subsequently been carried over from, early Chinese thought in the development of Chinese Buddhism. Indeed, some scholars of Chinese Buddhism have pointed out that much of the vocabulary, concepts, and logic used in schools such as Tiantai may owe more to Daoist influences than to Buddhist ones. Accordingly, Ziporyn’s ‘overly Buddhist’ approach might simply be an avenue of interpretation that is actually quite in line with the thinking in the early texts themselves, albeit one that is less familiar (i.e. an early Chinese Buddhist or Ziporyn’s approach). The article also aims to show how Ziporyn’s theory concerning the importance of ‘coherence’ in early and later Chinese philosophy is also quite important in his above work on Tiantai Buddhism, Emptiness and Omnipresence. While in this work Ziporyn almost entirely abstains from using the language of coherence, much of it actually rests on a strong coherence-based foundation, thereby demonstrating not Ziporyn’s own prejudice, but rather the thoroughgoing importance and versatility of his arguments on coherence. Indeed, understanding the importance of coherence in his readings of Tiantai Buddhism (despite the fact that he does not explicitly use coherence-related vocabulary) only bolsters the defense against the claims that he makes ‘overly Buddhist’ readings of early Chinese philosophy.


Author(s):  
Paul Goldin

This book provides an unmatched introduction to eight of the most important works of classical Chinese philosophy—the Analects of Confucius, Mozi, Mencius, Laozi, Zhuangzi, Sunzi, Xunzi, and Han Feizi. The book places these works in rich context that explains the origin and meaning of their compelling ideas. Because none of these classics was written in its current form by the author to whom it is attributed, the book begins by asking, “What are we reading?” and showing that understanding the textual history of the works enriches our appreciation of them. A chapter is devoted to each of the eight works, and the chapters are organized into three sections: “Philosophy of Heaven,” which looks at how the Analects, Mozi, and Mencius discuss, often skeptically, Heaven (tian) as a source of philosophical values; “Philosophy of the Way,” which addresses how Laozi, Zhuangzi, and Sunzi introduce the new concept of the Way (dao) to transcend the older paradigms; and “Two Titans at the End of an Age,” which examines how Xunzi and Han Feizi adapt the best ideas of the earlier thinkers for a coming imperial age. In addition, the book presents explanations of the protean and frequently misunderstood concept of qi—and of a crucial characteristic of Chinese philosophy, nondeductive reasoning. The result is an invaluable account of an endlessly fascinating and influential philosophical tradition.


2016 ◽  
Vol 4 (2) ◽  
pp. 34 ◽  
Author(s):  
Nuruddeen Abba Abdullahi

The Nigerian banking reform precipitated the adoption of Islamic banking and finance in 2009 as additional door to banking mechanism in the country. However, the implementation of the Islamic banking or non-interest banking has generated a lot of debate, specifically because its foundations are based on Islamic religion. This paper briefly reviews the concept, the challenges and prospects of Islamic banking in Nigeria. The paper relies on the secondary sources by reviewing and analysing various works on the subject. A reflection on the size of its population and the developmental opportunities indicates that Nigeria has the prospect of becoming the hub centre of Islamic finance in Africa. Yet there are numerous challenges to the development of the Islamic banking system in the country, including misrepresentation of the system, lack of linkages and investment institutions, lack of adequate knowledge, as well as shroud business ethos and corruption, which is endemic in the country. The paper recommends the need for greater public awareness about Islamic banking and creation of enabling environment (i.e. the legal, accounting and taxation systems) for the working of Islamic financial system.   


Author(s):  
Ramizah Wan Muhammad ◽  
Khairunnasriah Abdul Salam ◽  
Afridah Abbas ◽  
Nasimah Hussin

Aceh is a special province in Indonesia and different from other Indonesian provinces especially in the context of Shari'ah related laws. Aceh was granted special autonomy and legal right by the Indonesian central government in 2001 to fully apply Islamic law in the province. Generally, Islamic law which is applicable to Muslims in Indonesia is limited to personal laws just as in Malaysia. However, with the passage of time, Islamic law has expanded to include Islamic banking and finance. Besides that, Islamic law in Aceh is also extended to govern criminal matters which are in line with the motto of Aceh Islamic government to apply Islamic law in total or kaffah. Since 1999, the legal administration of Aceh has begun to gradually put in place the institutional framework to ensure that Islamic law is properly administered and implemented. Equally important, such framework is also aimed to ensure that punishments are fairly executed. This paper attempts to analyse the extent of the applicability of Islamic criminal law in Aceh. It is divided into three major parts. The first part discusses the phases in making Aceh an Islamic province and the roles played by Dinas Syariat Islam Aceh as the policy maker in implementing Islamic law as well as educating and training the public about the religion of Islam. The second part gives an overview on the Islamic criminal law and punishment provided in Qanun Aceh No.6/2014 on Hukum Jinayat (hereinafter Qanun Hukum Jinayat or “QHJ”) as well as the criminal procedural law concerning the methods of proof codified in Qanun Aceh No.7/2013 on Hukum Acara Jinayat (hereinafter “QAJ”). The third part of this paper highlights the challenges in the application and implementation of Islamic criminal law in Aceh, and accordingly provides recommendations for the improvement of the provisions in the QHJ and QAJ. Inputs from the interviews with the drafters of QHJ, namely Prof. Dr. Hamid Sarong and Prof. Dr Al Yasa are utilized in preparing this paper. In addition, inputs gathered from nongovernmental organizations (NGOs), namely Indonesian Syarie Lawyers Association (APSI) and Jaringan Masyarakat Sipil Peduli Syariah (JMSPS) are employed. The findings of this research are important in providing an in-depth understanding on the framework of Islamic criminal law in Aceh as well as in recognizing the flaws in its application or practical aspects of the law in Aceh. Keywords: Islamic law, Aceh, Administration, Punishment. Abstrak Aceh merupakan sebuah Wilayah Istimewa di Indonesia dibandingkan dengan wilayah-wilayah lain dari segi pelaksanaan undang-undang Islam. Aceh diberi status Wilayah Istimewa yang berautonomi oleh Pemerintah Pusat Indonesia pada tahun 2001 untuk melaksanakan undang-undang Islam secara menyeluruh. Pemakaian dan pelaksanaan undang-undang Islam di Aceh tidak terhad pada Undang-undang jenayah tetapi telah meliputi bidang perbankan dan kewangan Islam. Sejak tahun 1999, Pentadbiran Undang-undang Aceh telah merangka undang-undang bagi memastikan undang-undang Islam dapat ditadbir dan dilaksanakan dengan baik. Selain itu juga, undang-undang yang dirangka juga turut bertujuan untuk memastikan hukuman yang berasaskan undang-undang Islam dapat dilaksanakan secara adil. Oleh itu, kajian dalam kertas kerja ini dibuat uuntuk menganalisa sejauh mana undang-undang jenayah Islam dilaksanakan di Aceh. Kertas ini terbahagi kepada tiga bahagan utama, yang mana bahagian pertama membincangkan latas belakang awal kewujudan wilayah Islam Aceh dan peranan yang dimainkan oleh Dinas Syariat Islam Aceh sebagai mpembuat dasar dalam pelaksanaan undang-undang Islam, mendidik serta menyediakan latihan kepada masyarakat umum di Aceh mengenai Islam. Bahagian kedua menyediakan gambaran umum tentang undang-undang jenayah dan hukuman dalam Islam sebagaimana termaktub dalam Qanun Aceh No.6/2014 berkenaan Hukum Jinayat (“Qanun Hukum Jinayat” atau “QHJ”) serta undang-undang prosedur jenayah berkenaan cara pembuktiaan jenayah sebagaimana yag termaktub dalam Qanun Aceh No.7/2013 berkenaan Hukum Acara Jinayat (“QAJ”). Bahagian ketiga kertas ini menekankan masalah atau cabaran yang dihadapi daam pelaksanaan undang-undang jenayah Islam di Aceh, serta menyediakan cadangan-cadangan bagi penambahbaikan peruntukan-peruntukan yang ada dalam QHJ dan QAJ. Maklumat hasil dari temuramah dengan Prof. Dr. Hamid Sarong dan Prof. Dr Al Yasa telah digunakan bagi menyiapkan makalah ini. Selain itu, maklumat yang diperolehi daripada organisasi bukan kerajaan iaitu Indonesian Syarie Lawyers Association (APSI) dan Jaringan Masyarakat Sipil Peduli Syariah (JMSPS) turut dimanfaatkan. Dapatan dari kajian ini penting bagi menyediakan kefahaman terhadap kerangka undang-undang jenayah Islam di Aceh serta mengenal pasti masalah dalam aspek peruntukan undang-undang tersebut atau pelaksanaannya di Aceh. Kata Kunci: Undang-undang Islam, Aceh, Pentadbiran, Hukuman.


2005 ◽  
Vol 22 (2) ◽  
pp. 69-86 ◽  
Author(s):  
Abdus Samad ◽  
Norman D. Gardner ◽  
Bradley J. Cook

This paper’s primary objective is to identify the relative importance of various Islamic financial products, in theory and in practice, by examining the financing records of the Bank Islam Malaysia (Berhad) and the Bahrain Islamic Bank. Currently, seven available Islamic financing products are considered viable alternatives to interest-based conventional contracts: mudarabah (trust financing), musharakah (equity financing), ijarah (lease financing), murabahah (trade financing), qard al-hassan (welfare loan), bay` bi al-thaman al-ajil (deferred payment financing), and istisna` (progressive payments). Among these financial products, mudarabah and musharakah are the most distinct. Their unique characteristics (at least in theory) make Islamic banks and Islamic financing viable alternatives to the conventional interest-based financial system. The question before us is to determine the extent of mudarabah and musharakah in Islamic financing in practice. The data are as follows: the average mudarabah is 5% of total financing, and the average musharakah is less than 3%. The combined average of mudarabah and musharakah for the two Islamic banks is less than 4% of the total finance and advances. The average qard al- hassan is about 4%, while istisna` does not yet exist in practice. Murabahah is the most popular and dominates all other modes of Islamic financing. The average use of murabahah is over 54%. When the bay` bi al-thaman al-ajil is added to the murabahah, the percentage of total financing is shown to be 2.68%. This paper also explores some possible reasons why these two Islamic banks appear to prefer murabahah to mudarabah and musharakah.


Author(s):  
Philip J. Ivanhoe

This chapter elaborates on the connections between oneness, moral agency, and spontaneity by distinguishing between two general kinds of spontaneity: untutored spontaneity, which is characteristic of traditions such as Daoism, and cultivated spontaneity, representative of traditions such as Confucianism. This discussion intersects with oneness on the matter of “metaphysical comfort,” the sense of oneness, harmony, and happiness that one experiences when acting or reacting spontaneously, on either the untutored or cultivated model. Daoists argued quite plausibly that this experience goes hand in hand with certain kinds of untutored spontaneity, but an important objective of the chapter is to show that even cultivated spontaneity can provide the same comfort. The chapter makes the case that both forms of spontaneity are familiar, though largely unrecognized, in all forms of human life and that the descriptions provided, inspired by early Chinese philosophy, offer important theoretical resources for philosophy today.


Author(s):  
Leigh K. Jenco

This chapter argues that the ongoing debate about the “legitimacy of Chinese philosophy” (Zhongguo zhexue hefaxing) raises issues relevant to the globalization of knowledge. On its surface, the debate concerns whether Chinese thought can be meaningfully understood as “philosophy”; more generally, it asks how, in the very process of enabling their translation into presumably more “modern” languages of intellectual expression, the terms of a specific academic discipline shape and constrain the development of particular forms of knowledge. The debate reveals the power inequalities that underlie attempts to include culturally marginalized bodies of thought within established disciplines and suggests the range of alternatives that are silenced or forgotten when this “inclusion” takes place. Even contemporary invocations of “Chinese philosophy” are often unable to comprehend the stakes of the debate for many of its Chinese participants, who link the debate to enduring questions about the capacity of indigenous Chinese academic terms to compete successfully with Euro-American ones. These debates may illuminate questions currently motivating comparative political theory.


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