1,720,989 research outputs found
Insolvency law: the humane approach of classical Islamic jurisprudence
No full textThe Islamic finance industry continues to be characterized by uncertainty over how it will deal with individual as well as corporate insolvency. As a result, interest in this area of law is growing. To this end, Islamic insolvency law is emerging as an independent field of study. Being a legal exploratory study using the library method, this study aims to highlight some of the humane principles that should inform a framework for the industry. The author made an attempt to trace back these humane principles to the primary and secondary sources of Islamic jurisprudence. In addition, the author has attempted to focus on the specific legal differences between Islamic and civil law in terms of insolvency. The outcome of this study emphasizes the need for policy makers to focus on both the substantive, and procedural rules of Islamic Banking and Finance. It further highlights that Islamic financial instruments need to properly be geared towards dealing with default or default-like situations and that community resources need to be channeled towards the development of dispute resolution mechanisms
The implications of voidable contract (al aqd al-fasid) to Islamic financial transactions: a study from Shari'ah and legal point of view
No full textThis paper aims to propose a modality for the mitigating of Shari'ah non-compliance risk that may arise from voidable contract. Despite all the positive legal developments and achievements that are provided by the Islamic Finance laws that are enacted in the recent years, the question of voidable contracts (al-aqd al-fasid) remains a lacuna in the legal framework of Islamic finance. Although, in Malaysia the Contract Act (CA) 1950 provides a number of provisions that deal with voidable contracts, it does not look at the contract from the Islamic perspective. It provisions are restricted to the conventional system ..
Administration of Labuan International Waqf Foundation (LIWF) in the Labuan IBFC: legal issues & challenges with reference to assets managed in Malaysia
No full textSince the introduction of LIWF by the LFSA in 2015, it has garnered tremendous interest from various interest from various parties for its flexibility, sustainability, and governance features. Relevant guide allows Malaysian founder or assets situated in Malaysia to be endowed into the LIWF, subject to obtaining necessary approval from the SIRC. Though the governing charter for such establishment is the Waqfiyyah itself, it has to take into consideration various ongoing issues and discussion on the forum of convenience to hear, try, and decide on dispute related to the Waqf, special position of the SIRC as the sole Mutawalli in the states in Malaysia ..
Islamic commercial law
Full text linkThe emergence of Islam banking and finance has refocused attention on Islamic transactions and commercial laws. Islamic Mommercial Law is a timely and welcome addition to the growing literature on the subject. it is the first book in English to introduce all the essential contracts on Islamic commerce and finance in one volume. The author also incorporates diagram, examples, and questions that offer a better understanding of the various commercial and financial transactions. This makes the book an important text and essential reading for the undergraduate and postgraduate students and for all those who work in Islamic financial institutions. I congratulate Dr. Saleem for providing students and practitioners with a useful tesource that combines the theory with the practice
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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