5 research outputs found
Ethico-legal issues in the medical profession : a case study of nursing profession in the world / Lateef Wale Adeyemo ... [et al.]
No full textThe paper analyses the professional rules and regulations that guide the nurse in carryout her professional duties.
The paper discusses that the nurse should carrying out her duties diligently and carefully along with the doctrine
of Islamic law by the way of fearing Almighty Allah; this is because of her closeness to patients in the hospitals
and clinics.This paper identifies some actions, omissions, carelessness, negligent that can lead the nurse to a case in court or Shari‟ah court. Even if the affected patient can not afford litigation or remains silent over his right,some significant others like Human Rights Organizations, pressure groups can take up the case and make the affected Nurse to pay for such acts or omissions done against the victim. The paper elaborates some problem
that may be caused by the nurse in the hospital due to her ignorant of law guiding her practice, pressure of work,or in a rare occasion, a lackadaisical attitude to others.The paper further explains the international/local/Islamic laws which regulate every aspect of communal life i.e the Nursing and Midwifery Regulation Acts that provide for the training, registration and discipline of Nurses and midwives as well as Shari‟ah principles guiding their professional ethic. This is because what one does some years back, if done today may put a Nurse in jail or make her pay heavy damages because the right to enforce one‟s denied fundamental human right has become a global issue and, of course ,has led to a new era in the act of caring for patient. In addition the finding in the paper will be a good guidance to medical officers,Islamic jurists, academicians scholars, researchers throughout the world as patient/medical officer relations in the hospital become a fundamental human right issue before the World Health Organization
COMPARATIVE STUDY OF IMPACT OF ENGLISH RECEIVED LAW ON ISLAMIC BANKING INSTITUTIONS IN MALAYSIA AND NIGERIA
No full textThe British introduced the common law into their colonies and greatly dominated the legal systems of the colonies and left marks that have persisted in the post-colonial period. However, Malaysia has able to maintain its cultural value and the Shariah not to be influence with the colonial master incorporated culture and law, while it is quite different when compared it with what is happened in Nigeria. The paper examines the reaction to the effects of British colonialism and the common law on the judicial machinery for the administration of Islamic banking law and finance in post- colonial Muslim-majority particular reference to Malaysia and Nigeria. The paper discusses on the impact of the common law on the structure of Islamic banking legal frameworks in the two jurisdictions. It is also stresses in the paper that through effort of Malaysian government, the Malaysian Muslim scholars have attempted to resolve some basic and operational issues in order to make Islamic banking products operation more viable and acceptable by Shariah, the government separates the legal framework guiding Islamic banking and finance from those existing conventional legislations. As a result, there are comprehensive legislations for Islamic banking and financial institutions in Malaysia when compared them with what is happened in Nigeria are like chalk and cheese
ACHIEVING GLOBAL SUSTAINABLE ECONOMIC DEVELOPMENT THROUGH MUDARABAH PRODUCTS OF ISLAMIC BANKING AND FINANCE INSTITUTIONS
No full textThe best way to acquire wealth and strive for material improvement is through Mudarabah products as one of the Islamic lawful business means. This paper aims to observe the development of Mudarabah products, contract and practice under the Islamic banking institutions. It focuses to re-direct the man’s attention towards useful ethical principles of Shariah on business transactions. The paper stresses that Mudarabah products of Islamic banking institutions is a financial intermediate that brings together the providers of capital with the users of the capital in accordance with the principles of Islamic law. Islamic banks are very unique therefore, their activities are regulated by concepts of Shariah. It further explains the system used by Islamic banks in generating liquidity which they use to perform their investment processes through Mudarabah contract which is a profit sharing and loss bearing contract. The paper presents literature on Mudarabah as the products of Islamic banking and finance institutions. The study contributes in uphold integrity among the rabul maal and amil in order to strengthen Mudarabah contract of Islamic banks. The study discovers that with Mudarabah contract, Islamic banks are able to provide necessary financing to support building successful individual and corporate customers, which are the engine of growth and development in many developing and developed countries. It is also sacrifice needed to reduce poverty, restore normalcy in the society and prepare the people for the challenges ahead
Maqasid Al-Shari'ah in Ijarah (Leasing) Contract of Islamic Banking System
No full textThe operating ijarah and ijarah financing are currently generating interest among the Islamic banks, investors, customers and even policy makers due to their less risk overloads and better profits to the public. This paper attempts to highlight the benefits of applying the Islamic legal objectives (Maqasid Al-Shari’ah) in ijarah contract, and how a strict compliance to the latter can help manage Shari’ah, business and distribution of wealth in the society. The paper discusses the impact of Muslim scholars in applying ijtihad and analogical deduction to fashion out the appropriate ruling in respect of the issues, by putting into consideration what would be the best interest of Islam and Muslim community as a whole. It also discusses the consent of the contracting parties as one of the conditions validating the ijarah contract, and as a supplement to the objective of avoiding injustice and embezzlement of another person’s wealth. The paper explains how the profit made and the risks incurred, if any, are shared between the parties involved in ijarah transaction which are proportionally shared according to what has been earlier agreed upon
