126 research outputs found
The application of Shari’ah and international human rights law in Saudi Arabia
No full textThis thesis was submitted for the degree of Doctor of Philosophy and was awarded by Brunel UniversityThe present dissertation provides an analytical and comparative study of the application of Islamic law (Shari’ah) and international human rights law in the Kingdom of Saudi Arabia. It provides an analysis of the sources of Islamic law as well as the sources of international law to set the background for analysis and defines the nature of both laws. It also tackles the subject of the domestic application of international human treaties in Saudi Arabia.
In addition, it examines some reservations Saudi Arabia has entered to some of the international human rights treaties it has ratified, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). It also sheds some light on the political, cultural and religious obstacles to the realisation of norms protected by international human rights treaties in the country, and in other countries for that matter, clearly stating the impossibility of implementing the provisions of the international human rights treaties in their entirety. This is due to the various political and legal developments towards the internationalization of the concept of human rights. It observes that despite the existence of the international human rights treaties, which aim at reinforcing a universal realisation of international human rights, these rights cannot be possibly realised by all countries.
To stress the importance Saudi Arabia attaches to the issue of human rights, the dissertation discusses some rights of women before Saudi courts in family matters, an issue which has been criticised by some international human rights treaties, and examines to what extent the country has managed to tackle the issue of domestic violence, particularly violence against women. It provides an overview of the major causes of domestic violence against women in Saudi Arabia, presents some cases of domestic violence before Saudi courts and sheds some light on the measures taken by the Saudi government to combat domestic violence against women. It also tackles this issue both in the international and domestic legal frameworks, clearly stating the Islamic standpoint on the issue, namely that Islamic law, and Saudi Arabia for that matter, whose laws are essentially derived from the two main sources of Shari’ah. It also discusses the common forms of violence against women in Saudi Arabia and suggests a number of recommendations towards more effective protection of women against violence in the country.
The dissertation concludes by presenting a number of obstacles in the way of executing judicial decisions in the Kingdom as well as the obstacles which negatively affect the performance of the new code of law practice. It also presents some recommendations concerning personal status law obstacles and hindrances to progress and attempts to answer the research questions it has posed
The Loss in Meaning: Influence of Strategy Language’s and Modern Financial Discourse on the Working Concepts in Islamic Banking and Finance
No full textThis paper employs Wittgenstein language-games to analyze strategy language used by leaders of Islamic finance industry to envision its future. The analysis infers that the explicit market orientation of strategy language and modern knowledge of finance has redefined various concepts related of Islamic finance at the cost of its original spirit. This may also have adverse effects on developing ethical and spiritual orientation of Islamic banks. The concerned academia and scholarship therefore need to review such trends and work to prevent the subsequent degradation in the public image of IFIs to avoid disappointments of religiously inspired customers.
Leadership Styles and Employee Motivation in Zambian Healthcare NGOs: A Literature Review and Analysis of Effective Practices
No full textLeadership styles profoundly impact employee motivation, an essential element in the efficacy of healthcare NGOs in Zambia. This literature review analyzes the effects of transformational, transactional, and servant leadership styles on staff motivation within the Zambian healthcare NGO sector. Transformational leadership, emphasizing vision, inspiration, and empowerment, is the most effective type, promoting elevated levels of employee engagement, contentment, and dedication. Transactional leadership, although proficient in attaining short-term objectives by systematic rewards and penalties, frequently fails to foster intrinsic motivation and long-term retention. Servant leadership, which prioritizes empathy, trust, and employee welfare, is congruent with the mission-oriented essence of NGOs and has demonstrated efficacy in enhancing job satisfaction and decreasing staff turnover. The review emphasizes the significance of contextual elements, including cultural and demographic variations, which require flexible leadership strategies. It is advisable to implement integrated leadership methods that merge transformational and servant leadership principles to tackle the distinct difficulties of the healthcare sector. Future research ought to investigate the enduring effects of these styles on organizational performance and personnel outcomes to inform leadership development in Zambian healthcare NGOs. Keywords: Leadership, Transformational, Transactional, Servant, Motivation DOI: 10.7176/DCS/15-1-04 Publication date: February 28th 202
Boehmite (AlOOH) nanostrips and their growth mechanism
No full textCrystalline nanostrips of AlOOH have been prepared at 240∘C through a fast route. Powder X-ray diffraction studies reveal that the as-prepared nanostrips are highly crystalline in nature and by morphological investigations using FESEM, it was revealed that the strips have average length of 210 nm and width of 60 ± 20 nm. A plausible theory is proposed which reveals the growth mechanism of nanostrips.We are pleased to acknowledge KAU, KAUST and World Bank for characterization of samples and SEM. The authors are also highly thankful to Mir Faizal and Sofi Javaid Jameel for their immense help
Does financial development improve environmental quality in Turkey? An application of endogenous structural breaks based cointegration approach
No full textPurposeThe purpose of this paper is to investigate the long-run effect of financial sector development, energy use and economic growth on carbon emissions for Turkey, in presence of possible regime shifts over a period of 1960-2013.Design/methodology/approachAlong with the conventional unit root tests, Zivot-Andrews unit root test with structural break has been employed to check the stationarity of variables. The cointegrating relationship between variables is investigated by using the autoregressive distributed lag bounds test and Hatemi-J threshold cointegration test.FindingsThe results confirm a cointegrating relationship between the variables. The long-run relationship between the variables has gone through two endogenous structural breaks in 1976 and 1986. Development of financial sector improves environmental quality whereas energy use and economic growth degrade it. The results challenge the validity of environmental Kuznets curve hypothesis in Turkish economy.Research limitations/implicationsThe study uses domestic credit to private sector as a proxy for development of financial sector. The model can be improved by constructing an index of financial development instead of using a single determinant as a proxy for financial development.Practical implicationsThe study may pave the way for policy makers to capture important environmental pollutants in better way and develop effective and efficient energy and economic policies. This may make significant contribution to curbing CO2emissions while sustaining economic growth.Originality/valueThis is the only study to examine long-run impact of financial sector development on carbon emissions, using the threshold cointegration approach. Hence, the study is a gentle request to reduce the possible omitted variable econometric estimation bias and fill the gap in the existing literature.</jats:sec
Is financial development good for carbon mitigation in India? A regime shift-based cointegration analysis
No full textThe present study investigates the long-run impact of financial development, energy consumption and economic growth on greenhouse gas emissions for India, in the presence of endogenous structural breaks, over the period 1971–2013. The autoregressive distributed lag bounds testing procedure (ARDL) and Hatemi-J threshold cointegration technique were used to test the variables for cointegration. ARDL bounds test did not confirm any cointegrating relationship between the variables. The threshold cointegration test establishes the presence of long-run impact of financial development, energy use and economic growth on greenhouse gas emissions in India. The results reveal that the long-run relationship between the variables has witnessed two regime shifts, in 1978 and 2002. The empirical evidence shows that financial sector development and energy consumption in India degrade the environment. Unlike previous studies, this paper finds no statistical evidence of a long-run relationship between economic growth and environmental deterioration. The study also challenges the existence of an environmental Kuznets curve in India
Evaluating Smartphone Application Security: A Case Study on Android
No full textCurrently, smart phones are becoming indispensable for meeting the social expectation ofalways staying connected and the need for an increase inproductivity are the reasons for the increase in smartphone usage. One of the leaders of the smart phone evolution is Google2019;s Android operating system. It ishighly likely that Android is going to be installed in manymillions of cell phones during the near future. With thepopularity of Android smart phones everyone finds it convenient to make transactions through these smartphones because of the openness of Android applications. The malware attacks are also significant. Androidsecurity is complex and we evaluate an applicationdevelopment environment which is susceptible tomalware attacks. This paper evaluates Android securitywith the purpose of identifying a secure applicationdevelopment environment for performing securetransactions on Android-based smart phones
Relationship between circulating levels of IFN‐γ, IL‐10, CXCL9 and CCL2 in pulmonary and extrapulmonary tuberculosis is dependent on disease severity
No full textProtection against Mycobacterium tuberculosis infection is dependent on T cell and macrophage activation regulated by cytokines. Cytokines and chemokines produced at disease sites may be released into circulation. Data available on circulating cytokines in tuberculosis (TB) is mostly on pulmonary TB (PTB) with limited information on extrapulmonary disease (EPul-TB). We measured interferon-gamma (IFN-γ), interkeukin-10 (IL-10), CXCL9 and CCL2 in sera of patients ( n = 80) including; PTB ( n = 42), EPul-TB ( n = 38) and BCG vaccinated healthy endemic controls (EC, n = 42). EPul-TB patients comprised those with less severe (LNTB) or severe (SevTB) disease. Serum IFN-γ, IL-10 and CXCL9 levels were significantly greater while CCL2 was reduced in TB patients as compared with EC. IFN-γ was significantly greater in PTB as compared with LNTB ( P = 0.002) and SevTB ( P = 0.029). CXCL9 was greater in PTB as compared with LNTB ( P = 0.009). In contrast, CCL2 levels were reduced in PTB as compared with LNTB ( P = 0.021) and SevTB ( P = 0.024). A Spearman’s rank correlation analysis determined a positive association between IFN-γ and IL-10 (rho = 0.473, P = 0.002) and IFN-γ and CXCL9 (rho = 0.403, P = 0.008) in the PTB group. However, in SevTB, only IFN-γ and CXCL9 were positively associated (rho = 0.529, P = 0.016). Systemic levels of cytokines are reflective of local responses at disease sites. Therefore, our data suggests that in PTB increased IFN-γ and CXCL9 balanced by IL-10 may result in a more effective cell mediated response in the host. However, elevated inflammatory chemokines CXCL9 and CCL2 in severe EPul-TB without concomitant down modulatory cytokines may exacerbate disease related pathology and hamper restriction of M. tuberculosis infection. [ABSTRACT FROM AUTHOR]Peer reviewedfinal article publishe
Intoxication and self-defence : a comparative study of principles of English law and Shari'ah
No full textThe study is based upon an analysis of the general principles of criminal liability in English law and Shari 'ah. It is hoped that it may provide a valid basis for discussion of the future development of criminal law.
The relationship between law and society is an organic one and this relationship in Shari'ah is based on revelatory text of precepts, law, and admonitions. Shari'ah is an
essential part of faith of every Muslim; a sound knowledge of its principles not only gives him a sense of inner fulfilment but enables him to order his life according to the dictates of his religion. On the other hand, in English law, religious beliefs and private morality might be viewed as not a matter for law. Religion is in that context generally conceived as a spiritual sphere of supra-human connotation distinct from law, which is basically a secular concern.
Both the systems of law under consideration are different in their sources and nature. English law, being a positive law, finds its source in legislation and other recognised
sources. Shari 'ah is a divine ordinance imposed upon people without having a freedom of choice and it has its roots in its primary sources, the Holy Qur'an, and the Sunnah.
However, the revelatory nature of Shari'ah does not render it entirely inflexible and immutable. The finality of authoritative legal texts is confined only to a limited number of injunctions in the primary sources. The secondary sources provide flexibility to meet the changing requirements of society. A legal system should strike a fair balance between flexibility and inflexibility of legal rules. A very flexible system of law may lead to inconsistencies, illogicalities and at the same time may be subject to abuse by judges while a rigid system, which leaves no room for judicial discretion is likely to
lead to injustice in certain cases. It is submitted that the very flexible nature of English law has left it full of inconsistencies and illogicalities, despite the appropriate use of judicial discretion.
The research offers a general view of modern thinking about the theoretical foundations and methodology of Shari'ah Shari 'ah recognises a variety of sources and methods from which a rule of law might be derived. Part-I of the thesis discusses the evolving principles of Islamic jurisprudence from their rudimentary sources. The specific relationship between socio-religious reality and the production of theoretical legal discourse is illustrated in Part-11 and III while dealing with the problem of intoxication
and private defence in society. It suggests that Shari'ah provides a framework in which the complex and sometimes competing needs of an individual and society can be fairly
apportioned.
The research will demonstrate that there is a well developed system of criminal law in Shari'ah that can be compared with the most developed and civilised criminal law of the contemporary world, for example, English criminal law. In order to compare the compatibility of both the legal systems, the approaches of both towards the problems of intoxication and self-defence have been taken as a parameter. Though Shari 'ah provisions seem to be predominantly prescriptive as compared to English criminal law, the comparison will show that it can provide practical solutions to problems faced by human society of any age. Shari 'ah being a revealed law is proactive in its nature. It takes action to cause changes and not only react to a change when it happens. This particular feature can be felt while dealing with the problem of intoxication. English
criminal law, on the other hand, being a positive law bears the characteristics of a reactive law. It reacts to events or changes rather than acting first to cause change or
prevent something. Another major difference between the two legal systems might be that English criminal law has passed through many evolutionary phases and reached at the present stage through the efforts of the political power and the state; whereas, Muslim states and governments throughout the centuries neither had a hand in the development of Islamic jurisprudence nor in the training and certification of jurists or jurisconsults whose task it was to formulate the law.
History suggests that using the combined forces of religion, morality and law Shari'ah has effectively eradicated social evils and created a peaceful environment for human coexistence, where every one can enjoy his rights without a fear of infringement by the others. In cases of infringement of such rights, the offender shall be liable to severe punishments. The principles of criminal liability are on a par with the corresponding principles of the English criminal law. While protecting the rights of the victim of the crime, Shari'ah does not ignore the rights of the offender for fair trail, impartial justice and liability for punishment proportional to the offence committed by him. At the same time it recognises excuse and justification defences under appropriate circumstances, as
it will be evident while comparing the defences of intoxication and self-defence with the same in English criminal law.
The study reveals that there are similarities and differences between English law and Shari'ah when considering the issue of crime and criminal liability. However, this may be considered as normal phenomenon of comparing any two different legal systems. The differences can be attributed to their sources, origin, history and nature of the social values to be protected. Similarities can be ascribed to zeal for social justice and stability.
The study of differences and similarities will provide an opportunity to illuminate our understanding of law and the process of its development. As both the systems have their
own methodology to tackle legal issues, a different approach to the similar problem will provide a fresh insight leading to revitalised solutions. It will also be helpful to understand the methodology and the legal reasoning of both the systems leading towards a better understanding of law in general and at the same time providing efficient means for improvement
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