Search results for: islamic philosophy
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1313

Search results for: islamic philosophy

803 Investigating Effect of Geometrical Proportions in Islamic Architecture and Music

Authors: Amir Hossein Allahdadi

Abstract:

The mystical and intuitive look of Islamic artists inspired by the Koranic and mystical principles and also based on the geometry and mathematics has left unique works whose range extends across the borders of Islam. The relationship between Islamic art and music in the traditional art is of one of the concepts that can be traced back to the other arts by detection of its components. One of the links is the art of painting whose subtleties that can be applicable to both architecture and music. So, architecture and music links can be traced in other arts with a traditional foundation in order to evaluate the equivalents of traditional arts. What is the relationship between physical space of architecture and nonphysical space of music? What is musical architecture? What is the music that tends to architecture? These questions are very small samples of the questions that arise in this category, and these questions and concerns remain as long as the music is played and the architecture is made. Efforts have been made in this area, references compiled and plans drawn. As an example, we can refer to views of ‘Mansour Falamaki’ in the book of architecture and music, as well as the book transition from mud to heart by ‘Hesamodin Seraj’. The method is such that a certain melody is given to an architect and it is tried to design a specified architecture using a certain theme. This study is not to follow the architecture of a particular type of music and the formation of a volume based on a sound. In this opportunity, it is tried to briefly review the relationship between music and architecture in the Iranian original and traditional arts, using the basic definitions of arts. The musician plays, the architect designs, the actor forms his desired space and painter displays his multi-dimensional world in the form of two-dimensions. The expression language is different, but all of them can be gathered in a form, a form which has no clear boundaries. In fact, in any original art, the artist applies his art as a tool to express his insights which are nothing but achieving the world beyond this place and time.

Keywords: architecture, music, geometric proportions, mathematical proportions

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802 The Discussions of Love, Determinism, and Providence in Ibn Sina (Avicenna) and al-Kirmani

Authors: Maria De Cillis

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This paper addresses the subject of love in two of the most prominent Islamic philosophers: Ibn Sīnā (known in the Latin World as Avicenna d. 1037) Avicenna and al-Kirmānī (DC 1021). By surveying the connection that the concept of love entertains with the notions of divine providence and determinism in the luminaries’ theoretical systems, the present paper highlights differences and similarities in their respective approaches to the subjects. Through a thorough analysis of primary and secondary literature, it will be shown that Avicenna’s thought, which is mainly informed by the Aristotelian and Farābīan metaphysical and cosmological stances, is also integrated with mystical underpinnings. Particularly, in Avicenna’s Risāla fī’l-ʿishq love becomes the expression of the divine providence which operates through the intellectual striving the souls undertake in their desire to return to their First Cause. Love is also portrayed as an instrument helping the divine decree to remain unadulterated by way of keeping existing beings within their species and genera as well as an instrument which is employed by God to know and be known. This paper also discusses that if on the one hand, al-Kirmānī speaks of love as the Aristotelian and Farābian motive-force spurring existents to achieve perfection and as a tool which facilitates the status quo of divine creation, on the other hand, he remains steadily positioned within Ismā‘īlī and Neoplatonic paradigms: the return of all loving-beings to their Source is interrupted at the level of the first Intellect, whilst God remains inaccessible and ineffable. By investigating his opus magnum, the Rāḥat al-ʿaql, we shall highlight how al-Kirmānī also emphasizes the notion of divine providence which allows humans to attain their ultimate completeness by following the teachings of the Imams, repositories of the knowledge necessary to serve the unreachable deity.

Keywords: Avicenna, determinism, love, al-Kirmani, Ismaili philosophy

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801 Arabic Fables in Contemporary Garbs: Ahmed Shawqī’s Reconstruction of Fables in the Modern Era

Authors: Monia Hejaiej

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The fable has lent itself to memorable imitations and reinventions. The writing of fables, in prose and verse, was widely cultivated not only in pre-Islamic Arabia but also in the middle ages, reaching its culmination with the Egyptian poet and man of letters Ahmad Shawqī (1989-1932), who revived the ancient tradition, a relatively minor and unexploited genre in the modern era, and re-wrote rimed fables with an Arab Islamic flavor, articulating a set of modern ethico-political concepts and sensibilities such as a belief in good judgment in governance, individual liberty, democracy, a sense of the brotherhood of man and justice. This essay aims to restore the 20th Century poet to his rightful place in the international pantheon of literary achievement, and offers an examination of the Arabian fabulist tradition as it appears in Arabic literature, and a treatment of this genre re-visiting a few representative samples of Ahmad Shawqī collection of fables and their implications for contemporary politics in the Middle East.

Keywords: fable, politcs, governace, democracy, ethics of care

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800 Jean-Francois Lyotrard's Concept of Different and the Conceptual Problems of Beauty in Philosophy of Contemporary Art

Authors: Sunandapriya Bhikkhu, Shimo Sraman

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The main objective of this research is to analytically study the concept of Lyotard’s different that rejects the monopoly criteria and single rule with the incommensurable, which can explain about conceptual problems of beauty in the philosophy of contemporary art. In Lyotard’s idea that basic value judgment of human should be a value like a phrase that is a small unit and an individual such as the aesthetic value that to explain the art world. From the concept of the anti-war artist that rejects the concept of the traditional aesthetic which cannot be able to explain the changing in contemporary society but emphasizes the meaning of individual beauty that is at the beginning of contemporary art today. In the analysis of the problem, the researcher supports the concept of Lyotard’s different that emphasizes the artistic expression which opens the space of perception and beyond the limitations of language process. Art is like phrase or small units that can convey a sense of humanity through the aesthetic value of the individual, not social criteria or universal. The concept of Lyotard’s different awakens and challenge us to the rejection of the single rule that is not open the social space to minorities by not accepting the monopoly criteria.

Keywords: difference, Jean-Francois Lyotard, postmodern, beauty, contemporary art

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799 Constitution and Self-Consciousness in Hegel's Philosophy

Authors: Akbar Jamali

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According to Hegel’s philosophy, constitution of any given nation is the best expression of its national Self-Consciousness. Since constitution is the place in which freedom and Universal Rights is expressed, and since the essence of Self-consciousness is freedom, the development of self-consciousness and consequently freedom, is the direct cause of the development of constitution. Self-consciousness develops in the human history according to its own internal and external dialectic; therefore, it is essentially a dynamic phenomenon. However, constitution is supposed to be a stable foundation for the legal system of state and society. Therefore, the dilemma is: how the dynamic and contradictory nature of Self-Consciousness is the foundation of constitution that supposed to be the stable base of legal system of state and society. According to Hegel’s philosophy, the contradiction between the dynamic self- consciousness and the static constitution and state has an essential role in the formation of social movements within any given state. Self-consciousness is the phenomenology of Spirit in the human history. Subjective Spirit expresses itself in the different shapes of Self-consciousness in human spirit. These different shapes of self-consciousness must be identical with its contradiction; Objective Spirit. State is the highest form of the objective Spirit. Therefore, state and its foundation namely ‘constitution’ must be identical with Self-consciousness. "Spirit cannot remain forever alienated from its expression." Hegel states. Self-consciousness is the Subjective Spirit, it freely develops according to its internal and external contradictions, but since it must be always identical with its expression namely constitution, its development results to alienation. They way by which self-consciousness became again identical with the constitution determines the nature of legal and political development of any given society and state. In the democratic states, self-consciousness shows itself partially in the public opinion. In the process of election, this public opinion changes the ruling parties that construct the government. In democracies, self-consciousness or subjective spirit is in a dialectical relationship with state or the Objective Spirit. Therefore, it cannot remain alienated with its expression that is political system and its constitution. But, in the autocracies Self-consciousness cannot easily express itself in the government and its constitution. More Self-consciousness develops more it becomes alienated with its expression that is the state and its constitution. Rebel and revolution are the symptom of alienation of Spirit (self-consciousness) with its expression (state and its constitution).

Keywords: alienation, constitution, self-consciousness, spirit

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798 Terrorism in German and Italian Press Headlines: A Cognitive Linguistic Analysis of Conceptual Metaphors

Authors: Silvia Sommella

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Islamic terrorism has gained a lot of media attention in the last years also because of the striking increase of terror attacks since 2014. The main aim of this paper is to illustrate the phenomenon of Islamic terrorism by applying frame semantics and metaphor analysis to German and Italian press headlines of the two online weekly publications Der Spiegel and L’Espresso between 2014 and 2019. This study focuses on how media discourse – through the use of conceptual metaphors – let arise in people a particular reception of the phenomenon of Islamic terrorism and accept governmental strategies and policies, perceiving terrorists as evildoers, as the members of an uncivilised group ‘other’ opposed to the civilised group ‘we’: two groups that are perceived as opposed. The press headlines are analyzed on the basis of the cognitive linguistics, namely Lakoff and Johnson’s conceptualization of metaphor to distinguish between abstract conceptual metaphors and specific metaphorical expressions. The study focuses on the contexts, frames, and metaphors. The method adopted in this study is Konerding’s frame semantics (1993). Konerding carried out on the basis of dictionaries – in particular of the Duden Deutsches Universalwörterbuch (Duden Universal German Dictionary) – in a pilot study of a lexicological work hyperonym reduction of substantives, working exclusively with nouns because hyperonyms usually occur in the dictionary meaning explanations as for the main elements of nominal phrases. The results of Konerding’s hyperonym type reduction is a small set of German nouns and they correspond to the highest hyperonyms, the so-called categories, matrix frames: ‘object’, ‘organism’, ‘person/actant’, ‘event’, ‘action/interaction/communication’, ‘institution/social group’, ‘surroundings’, ‘part/piece’, ‘totality/whole’, ‘state/property’. The second step of Konerding’s pilot study consists in determining the potential reference points of each category so that conventionally expectable routinized predications arise as predictors. Konerding found out which predicators the ascertained noun types can be linked to. For the purpose of this study, metaphorical expressions will be listed and categorized in conceptual metaphors and under the matrix frames that correspond to the particular conceptual metaphor. All of the corpus analyses are carried out using Ant Conc corpus software. The research will verify some previously analyzed metaphors such as TERRORISM AS WAR, A CRIME, A NATURAL EVENT, A DISEASE and will identify new conceptualizations and metaphors about Islamic terrorism, especially in the Italian language like TERRORISM AS A GAME, WARES, A DRAMATIC PLAY. Through the identification of particular frames and their construction, the research seeks to understand the public reception and the way to handle the discourse about Islamic terrorism in the above mentioned online weekly publications under a contrastive analysis in the German and in the Italian language.

Keywords: cognitive linguistics, frame semantics, Islamic terrorism, media

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797 Removing the Veils of Caste from the Face of Islam in the Sub-Continent

Authors: Elaheh Ghasempour

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India has always been an all-encompassing center of attention in the theological and cultural studies since it beholds a very diverse nation within its borders. Among the uncountable faiths and traditions of this massive land, this article shall negotiate Islam in a Hindu dominated society. Practicing Caste and the views on it are the most controversial topics in modern-day India. Some blame it on the teachings of Hinduism; some call it a colonial outcome; and yet many believe that it is, in fact, a social construct. Islam was the souvenir coming from the Arabian Peninsula into the Indian Subcontinent in the hands of Arab, Persian, and Turk religious missionaries and Sufi saints. The aim of bringing the faith to this region was to enlighten the people of East and the Far East with the ideas of peace, justice, brotherhood as well as a proper way of living. Due to many reasons, the concept of the Islamic Nation or ‘Ummah’ has been touched by the native teachings of Hinduism which negates and questions the actual Islamic principles and laws. The Islamic Nation in India has been parted to different classes and each class nowadays beholds one level of a hierarchy. The superiors do not hesitate to keep the inferiors oppressed as much as they can since their own high position in this hierarchy depends on such oppressions. Their rules and laws to keep the lower castes out of the political and economical scene found ways into the religious traditions so much that it has become hard to question it by the masses; the masses who are too uneducated to question their own heretical faith and traditions. But now that the world is rapidly evolving, the access to knowledge has evoked an awareness of many lower caste or ‘Dalit’ Muslims. They no longer wish to be oppressed for their ethnicity or rootless principles of the old generations to guarantee the survival of the higher caste Muslims or ‘Ashrafs’. In recent years, many have stood against the rules of the caste system. As the oppressed no longer wishes to be oppressed, they also show acts of violence against the rulers who destined them the life they currently have. Considering they are usually poor and uneducated, and they might do violent actions, this can threaten not only Indians but the whole world; especially because the ISIS can easily fund a troop of hungry men who are looking forward to revenge their masters and others for all the unjust discriminations. Therefore for the sake of social security and stopping the disrepute for followers of Islam, the entire Islamic nation must consider taking actions against practicing Caste, regardless of where they come from. Since the teachings of the Quran and the Sunnah of the Prophet (PBUH) invite all Muslims to practice equality and brotherhood in the Ummah, this article would find the practical ways to abolish the caste-system through the Islamic liturgical texts and traditions.

Keywords: Dalit Muslims, Islam in India, caste system, justice in Islam, violence

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796 A Case for Ethics Practice under the Revised ISO 14001:2015

Authors: Reuben Govender, M. L. Woermann

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The ISO 14001 management system standard was first published in 1996. It is a voluntary standard adopted by both private and public sector organizations globally. Adoption of the ISO 14001 standard at the corporate level is done to help manage business impacts on the environment e.g. pollution control. The International Organization for Standardization (ISO) revised the standard in 2004 and recently in 2015. The current revision of the standard appears to adopt a communitarian-type philosophy. The inclusion of requirements to consider external 'interested party' needs and expectations implies this philosophy. Therefore, at operational level businesses implementing ISO 14001 will have to consider needs and expectations beyond local laws. Should these external needs and expectations be included in the scope of the environmental management system, they become requirements to be complied with in much the same way as compliance to laws. The authors assert that the recent changes to ISO 14001 introduce an ethical dimension to the standard. The authors assert that business ethics as a discipline now finds relevance in ISO 14001 via contemporary stakeholder theory and discourse ethics. Finally, the authors postulate implications of (not) addressing these requirements before July 2018 when transition to the revised standard must be complete globally.

Keywords: business ethics, environmental ethics, ethics practice, ISO 14001:2015

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795 An Empirical Review of the Waqf Horizon through Fintech: The Industry 4.0 Wave

Authors: Sikiru O. Aminu, Magda Ismail Abdul Mohsin, Fauziah M. Taib

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Fund collections for Waqf projects in some Muslim countries received some boost because of the resuscitation of the cash waqf concept This study envisages that such development can improve the economic empowerment of the poor in contemporary Muslim communities given appropriate collections and effective management of the Waqf institution. Recent developments in the Financial Technology (FINTECH) space portend valuable relevance in the conduct and delivery of social charitable causes such as Waqf around the world. Particularly, emerging areas in FINTECH such as Islamic Crowdfunding (ICF) and blockchain have brought about greater efficiency and effectiveness through cost reduction, faster transactions, wider access, transparency and prompt disclosure of adequate information to relevant stakeholders. These FINTECH options of ICF and blockchain provide veritable opportunities to resuscitate, re-align, synergize and magnify the Islamic Social Finance (ISF) ecosystem of Waqf, Zakat and Sodaqah to generate positive and sustainable impact to the community, environment and the economy at large, with a view to projecting the Maqasid Shari’ah (Objective of the Law Giver). To document the effect of FINTECH on Waqf, this study examined the activities of six banks in Malaysia that signed a pact to utilize FINTECH for waqf collection towards improving the economy. Semi-structured Face to Face interviews were conducted with officers in charge of Waqf in the six banks, founder of the Islamic Crowdfunding platform and senior officers in Waqaf Selangor. Content analysis was used to analyze their responses, and the emergent themes were reported verbatim. Based on the derived themes, survey questionnaires were also administered to 300 customers with respect to the Waqf’s FINTECH functionalities of the identified banks.to further confirm and strengthen the results of the interviews. Simple descriptive analysis was performed on the result of the survey questionnaire to provide clear information on the questions raised. The findings showed a disproportionate level of readiness among the banks, where few of the banks have put structure in place to increase their Waqf collections, others are at their elementary stage. However, the commitment is high across the six banks to achieve their set goals.

Keywords: blockchain, Fintech, Islamic crowdfunding, waqf

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794 Manipulation of the Public Sphere to Win Cultural Hegemony: The Process by Which Islamic State Uses the Principles of the Overton Window to Engineer Extremism

Authors: A. Brigitte Coles

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In order to be successful in a campaign against terror and maintain a favorable world order, we must recognize the effects of priming, framing, and agenda setting on the public sphere, and address how terrorist organizations are able to manipulate language and symbols to shift public opinion and increase recruitment success. Because of their unprecedented activity in the region and foreign recruitment success, this study specifically addresses how the Islamic State (IS/ISIS/ISIL) manipulates the public sphere to amplify support and increase western recruitment. By following a grounded theory methodology and coding triangulated data from IS propaganda, a model for the process of terrorist recruitment has emerged, concerning both environments and personalities susceptible to recruitment, and the steps by which an extremist can be created. This has resulted in the ability to reverse engineer a method by which counter recruitment operations can be facilitated in an effort to lessen the vulnerability of areas and individuals, as well as create dissent among current extremists.

Keywords: countering violent extremism, counter-terrorism, recruitment, overton window

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793 Khilafat from Khilafat-e-Rashida: The Rightly Guided the Only Form of Governance to Unite Muslim Countries

Authors: Zoaib Mirza

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Half of the Muslim countries in the world have declared Islam the state religion in their constitutions. Yet, none of these countries have implemented authentic Islamic laws in line with the Quran (Holy Book), practices of Prophet Mohammad (P.B.U.H) called the Sunnah, and his four successors known as the Rightly Guided - Khalifa. Since their independence, these countries have adopted different government systems like Democracy, Dictatorship, Republic, Communism, and Monarchy. Instead of benefiting the people, these government systems have put these countries into political, social, and economic crises. These Islamic countries do not have equal representation and membership in worldwide political forums. Western countries lead these forums. Therefore, it is now imperative for the Muslim leaders of all these countries to collaborate, reset, and implement the original Islamic form of government, which led to the prosperity and success of people, including non-Muslims, 1400 years ago. They should unite as one nation under Khalifat, which means establishing the authority of Allah (SWT) and following the divine commandments related to the social, political, and economic systems. As they have declared Islam in their constitution, they should work together to apply the divine framework of the governance revealed by Allah (SWT) and implemented by Prophet Mohammad (P.B.U.H) and his four successors called Khalifas. This paper provides an overview of the downfall and the end of the Khalifat system by 1924, the ways in which the West caused political, social, and economic crises in the Muslim countries, and finally, a summary of the social, political, and economic systems implemented by the Prophet Mohammad (P.B.U.H) and his successors, Khalifas, called the Rightly Guided – Hazrat Abu Bakr (RA), Hazrat Omar (RA), Hazrat Usman (RA), and Hazrat Ali (RA).

Keywords: khalifat, khilafat-e-Rashida, the rightly guided, colonization, capitalism, neocolonization, government systems

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792 Analyzing the Emergence of Conscious Phenomena by the Process-Based Metaphysics

Authors: Chia-Lin Tu

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Towards the end of the 20th century, a reductive picture has dominated in philosophy of science and philosophy of mind. Reductive physicalism claims that all entities and properties in this world are eventually able to be reduced to the physical level. It means that all phenomena in the world are able to be explained by laws of physics. However, quantum physics provides another picture. It says that the world is undergoing change and the energy of change is, in fact, the most important part to constitute world phenomena. Quantum physics provides us another point of view to reconsider the reality of the world. Throughout the history of philosophy of mind, reductive physicalism tries to reduce the conscious phenomena to physical particles as well, meaning that the reality of consciousness is composed by physical particles. However, reductive physicalism is unable to explain conscious phenomena and mind-body causation. Conscious phenomena, e.g., qualia, is not composed by physical particles. The current popular theory for consciousness is emergentism. Emergentism is an ambiguous concept which has not had clear idea of how conscious phenomena are emerged by physical particles. In order to understand the emergence of conscious phenomena, it seems that quantum physics is an appropriate analogy. Quantum physics claims that physical particles and processes together construct the most fundamental field of world phenomena, and thus all natural processes, i.e., wave functions, have occurred within. The traditional space-time description of classical physics is overtaken by the wave-function story. If this methodology of quantum physics works well to explain world phenomena, then it is not necessary to describe the world by the idea of physical particles like classical physics did. Conscious phenomena are one kind of world phenomena. Scientists and philosophers have tried to explain the reality of them, but it has not come out any conclusion. Quantum physics tells us that the fundamental field of the natural world is processed metaphysics. The emergence of conscious phenomena is only possible within this process metaphysics and has clearly occurred. By the framework of quantum physics, we are able to take emergence more seriously, and thus we can account for such emergent phenomena as consciousness. By questioning the particle-mechanistic concept of the world, the new metaphysics offers an opportunity to reconsider the reality of conscious phenomena.

Keywords: quantum physics, reduction, emergence, qualia

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791 Clash of Civilizations without Civilizational Groups: Revisiting Samuel P. Huntington's Clash of Civilizations Theory

Authors: Jamal Abdi

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This paper offers a critique of Samuel P. Huntington's Clash of Civilizations thesis. The overriding argument is that Huntington's thesis is characterized by failure to distinguish between 'groups' and 'categories'. Multinational civilizations overcoming their internal collective action problems, which would enable them to pursue a unified strategy vis-à-vis the West, is a rather foundational assumption in his theory. Without assigning sufficient intellectual attention to the processes through which multinational civilizations may gain the capacity for concerted action, i.e., become a group, he contended that the post-cold-war world would be shaped in large measure by interactions among seven or eight major civilizations. Thus, failure in providing a convincing analysis of multi-national civilizations' transition from categories to groups is a significant weakness in Huntington's clash theory. It is also suggested that so-called Islamic terrorism and the war on terror is not to be taken as an expression of the presence of clash between a Western and an Islamic civilization, as terrorist organizations would be superfluous in a world characterized by clash of civilizations. Consequences of multinational civilizations becoming a group are discussed in relation to contemporary Western superiority.

Keywords: clash of civilizations, groups, categories, groupism

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790 A Middle Way Approach for the Conflicts between Death, Impermanence and Non-Self in Buddhist Philosophy

Authors: Ruotian Wang

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Since the birth of the Buddha himself more than 2000 years ago, Buddhism has continued to lead many people’s lives. Scholars and Buddhists have contributed to give detailed explanations to all kinds of issues within the structure of Buddhist philosophy to make Buddhism more complete. Different schools have developed, therefore leading to a lot of different branches within Buddhism. Although they all follow what the Buddha himself taught, they still have various explanations to even fundamental issues. As one of the fundamental problems regarding our lives, death is widely discussed in Buddhism. The controversy regarding death is its seemly incompatibility with the idea of non-self and impermanence, which is what I will discuss in this essay. The idea of rebirth is the basic structure of birth and death, which suggests a connection between this life and the next. Therefore, according to common logic, we should tell that there is something that connects each life, an agent that receives the process of rebirth, which is normally known as a soul. In Buddhism, non-self is also an important concept which speaks to the illusion of a self or soul. The idea of rebirth and non-self seems contradicted. Many different schools of Buddhism attempt to resolve such conflicts, but there are logical flaws within the arguments they made. Thus, I raise a better solution: Different from the annihilationist view, non-self in Buddhism speaks only to the illusion of a self in each moment. There is a self that exists as a sum of all our karmas which we can achieve after Nirvana. However, the nature of such a self is still emptiness. There are no agents needed as one rebirth since the whole cycle of rebirth is the self. Then, the contradiction between rebirth and non-self can be resolved.

Keywords: Buddhism, impermanence, non-self, reincarnation

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789 Optimum of Offshore Structures Lifting Padeyes Using Finite Element Method

Authors: Abdelrahim Hamadelnil

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Padeye design and analysis plays important roles during the lifting, load out and installation of heavy structures. This paper explains the disadvantages of limiting the effective thickness of the cheek plate to 75% of the main plate thickness. In addition, a sensitivity study about the impact of the out of plane force on the padeye design is discussed. This study also explains the fabrication requirements to ensure that the designed strength is achieved. The objective of this study is to elaborate and discuss the philosophy of padeye design and to propose the suitable effective cheek plate thickness to be considered in the analysis of padeye. A finite element analysis using London University Structure Analysis System (LUSAS), is conducted and compared with the hand calculation. The benefits and advantage of using FE analysis is addressed in this paper. At the end of this paper, a guideline elaborating the philosophy of the design of the padeye is developed and the suitable effective thickness of cheek plate to be considered in the design is recommended. In addition, a comparison between the finite element result and the hand calculation using beam theory is discussed as well.

Keywords: cheek plate, effective thickness, out of plane force, Padeye

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788 Commercial Law Between Custom and Islamic Law

Authors: Shimaa Abdel-Rahman Amin El-Badawy

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Commercial law is the set of legal rules that apply to business and regulates the trade of trade. The meaning of this is that the commercial law regulates certain relations only that arises as a result of carrying out certain businesses. which are business, as it regulates the activity of a specific sect, the sect of merchants, and the commercial law as other branches of the law has characteristics that distinguish it from other laws and various, and various sources from which its basis is derived from It is the objective or material source. the historical source, the official source and the interpretative source, and we are limited to official sources and explanatory sources. so what do you see what these sources are, and what is their degree and strength in taking it in commercial disputes. The first topic / characteristics of commercial law. Commercial law has become necessary for the world of trade and economics, which cannot be dispensed with, given the reasons that have been set as legal rules for commercial field.In fact, it is sufficient to refer to the stability and stability of the environment, and in exchange for the movement and the speed in which the commercial environment is in addition to confidence and credit. the characteristic of speed and the characteristic of trust, and credit are the ones that justify the existence of commercial law.Business is fast, while civil business is slow, stable and stability. The person concludes civil transactions in his life only a little. And before doing any civil action. he must have a period of thinking and scrutiny, and the investigation is the person who wants the husband, he must have a period of thinking and scrutiny. as if the person who wants to acquire a house to live with with his family, he must search and investigate. Discuss the price before the conclusion of a purchase contract. In the commercial field, transactions take place very quickly because the time factor has an important role in concluding deals and achieving profits. This is because the merchant in contracting about a specific deal would cause a loss to the merchant due to the linkage of the commercial law with the fluctuations of the economy and the market. The merchant may also conclude more than one deal in one and short time. And that is due to the absence of commercial law from the formalities and procedures that hinder commercial transactions.

Keywords: law, commercial law, Islamic law, custom and Islamic law

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787 Spatial Setting in Translation: A Comparative Evaluation of translations from Pre-Islamic Poetry

Authors: Raja Lahiani

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This study is concerned with scrutinising translations into English and French of references to locations in the desert of pre-Islamic Arabia. These references are used in the Source Text (ST) within a poetic image. Reference is made to the names of three different mountains in Arabia, namely Qatan, Sitar, and Yadhbul. As these mountains are referred to in the context of the poet’s description of the density and expansion of the clouds, it is crucial to know that while Sitar and Yadhbul are close to each other, Qatan is far away from them. This distance was functional for the poet to describe the expansion of the clouds. This reflects the spacious place (desert) he handled, and the fact that it was possible for him to physically see what he described. The purpose of this image is for the poet to communicate the vastness of the space he managed to see as he was in a moment of contemplation. Thus, knowledge of this characteristic about the setting is capital for the receiver to understand the communicative function of the verse. A corpus of eighteen translations is gathered. These vary between verse and prose renderings. The methodology adopted in this research work is comparative. Comparison is conducted at both the synchronic and diachronic levels; every translation shall be compared to the ST and then to previous translations. The comparative work will prove at the end that the translators who target historical facts do not necessarily succeed in preserving the image of the ST. It also proves that the more recent the translation is, the deeper the translator’s awareness is the link between imagery, setting, and point of view. Since the late eighteenth century and until nowadays, pre-Islamic poetry has been translated into Western languages. Translators differ as to motives, sources, priorities and intellectual backgrounds. A translator's skopoi undoubtedly affect the way s/he handles aspects of the ST. When it comes to culture-specific aspects and details related to setting, the problem is even more complex. Setting is a very important factor that reveals a great deal of the culture of pre-Islamic Arabia as this is remote in place, historical framework and literary tradition from its translators. History is present in pre-Islamic poetry, which justifies the important literature that has been written to extract information and data from it. These are imbedded not only by signalling given facts, events, and meditations but also by means of references to specific locations and landmarks that used to exist at the time. Spatial setting is an integral part of a literary text as it places it within its historical context. The importance of the translator’s awareness of spatial anthropological data before indulging in the process of translation is tested. This is also crucial in measuring the effect of setting loss and setting gain in translation. The findings of this research would ultimately evaluate the extent to which a comparative methodology is reliable in investigating the role of spatial setting awareness in translation.

Keywords: historical context, translation, comparative literature, spatial setting

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786 Role of Zakat and Awqf in Socioeconomic Development of Pakistan: Exploring the Issues and Challenges

Authors: Marium. K.Makhdoom, Talat Hussain, Syed H. Bukhari

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The motivation behind this paper is to focus the need of Zakat as a monetary framework with a specific end goal and as a social equity instrument and minimization of the level of poverty in society to assess the socioeconomic development. The procedure of the study includes investigating the applied system of Islamic economics to propose an option display so as to contribute fundamentally to the Ummah and serving the countries. This paper closes to be viewed Zakat as one of the best possible strategies to quantify the socioeconomic development, which implies when individuals pay Zakat the socioeconomic development level will be higher and vice versa. The duties of Muslims to pay Zakat to accomplish practical improvement as far as wealth redistribution in the middle of Muslims and in addition overcoming any and all hardships between the rich and the poor in the general public. The paper adds to consider Zakat as an index to gauge economic development, moreover, the part of Zakat as an instrument of social equity and neediness destruction in the public eye. By and large, this includes the installment every year of more than two percent of one's capital after the needs of the family have been met.

Keywords: Zakat, Waqf, economic development, Pakistan, Islamic economics, macroeconomics, microeconomics

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785 Re-Reading the Impossibility of Identity: Modeling Gender Pluralism in Curriculum and Instruction

Authors: A. K. O’Loughlin

Abstract:

Identity doesn’t exist in discrete categories as it is defined. Kevin Kumashiro reveals the phrase 'an impossibility of identity' in Troubling Education (2000), an investigation of the intersections of culture and gender and the impact of erasure for queer POC identity. This underscores the essentiality of an insider or an outsider identity and the appearance of 'contradiction' or impossibility of these identities. The contradictions between us as subject in our own stories and in the stories of others are often silenced. This silencing of complex, 'contradicting' identity has unmissable implications in the classroom; the developing student in question is done a serious disservice, from which they may never recover. There is no more important point of contact than the teacher, for willingness to encounter a developing person as they are, not as we already think they are, or 'know' them to be, or think they should be. To decide how to regard them based on our own unilateral identity and its associated exhortations and injunctions is, as Hannah Arendt writes in The Origins of Totalitarianism (1951), to sell off our ability to rise, human-like, to the challenge of investigating things as they are. A re-reading of Kumashiro’s impossibility of identity becomes possible through the investigation of pluralism. Identities become possible and un-paradoxical by the notion that contradictions are not problems that an individual is not unilateral, but plural. In this paper, we investigate how philosophies of pluralism can inform our understanding of impossibility of identity in classroom curriculum and pedagogy.

Keywords: identity, gender, culture, pluralism, education, philosophy of education, queer theory, philosophy of mind, adolescent development

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784 Human Rights in Islam: A Critique on Critiques

Authors: Miftahuddin Khilji

Abstract:

The concept of human right is not alien to Islam. The Shari‘ah requires all its followers the sense of responsibility to perform their duties first and then claim their rights. This eventually guarantees the protection of human rights and ensures a peaceful society. The ultimate goal of Shari‘ah is to preserve five basic necessities which are also known as Maqasid ul Shari‘ah or Objectives of Islamic Law. This goal ensures for the members of society their rights without harming public welfare. Despite of the fact that human rights have been fully guaranteed by Islam and their compliance is required by Allah Almighty; not by any legislative body or other sovereign such as kings etc. However, many western writers, organizations and so called liberal thinkers try to create concerns, doubts and misconceptions in minds of the society members. A number of issues are pointed out and people are misguided about the concept of human rights in Islam. This paper aims to discuss main the concept of human rights in the light of perfect and balanced system of laws and principles of Shari‘ah and address those misconceptions and doubts by analyzing them and answering to questions raised about the subject. It would be an effort to prove that human rights are much more significant to Shari‘ah more than any other national or international legislative body.

Keywords: human rights, Islamic law, law, Shariah

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783 Tajwīd and Mawwāl Toward Khushūʿ in Islam and Tarab in Arab Music: Common Musical Elements

Authors: Mohammad Moussa Khalaf

Abstract:

As a significant term in Arab music, ṭarab identifies a particular expression of feelings and emotions, especially in the vocal practice of Arab music. Ṭarab aims to take both the performer and the audience from a normal feeling state to a new state of spiritual feeling through the art of mawwāl. Because of the expertise required for mawwāl, the ability to reach ṭarab has long been considered an indication that a musician has reached a high musical level. Another significant Islamic concept related to feelings and emotions is khushūʿ. It is known that one of the ways to get Khāsheʿ (humble to God) is the artistic reading of the holy Qur’ān. The artistic recitation of the Qur’ān is tajwīd. Like mawwāl, tajwīd requires a high-level rendition to lead the listener to the special emotional state. The research will focus on the relationships between ṭarab, khushūʿ, tajwīd, and mawwāl in Islamic-Arab culture in a way that has not been addressed previously. The relationships between tajwid and mawwāl, ṭarab and khushūʿ would be identified through the examination of musical factors, socio-cultural factors, and emotional factors.

Keywords: Arab music, Ṭarab, Mawwāl, Khushūʿ, Tajwīd, Islam

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782 A Comparative Study of Costumes for Religious Festivals in ASEAN Countries

Authors: Jaruphan Supprung

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Aims of this research were to study the major religious festivals of merit making and joyful celebrations (nationwide) in each country of ASEAN countries and to compare the costumes for these major religious festivals among these countries. This documentary research employed qualitative research methodology. The findings of the research disclosed that there are 28 main religious festivals in ASEAN countries: 3 Islamic festivals in Brunei Darussalam such as Hari Raya Aidiladha Festival, Mauludin Nabi Festival and Hari Raya Aidilfitri Festival; 2 Buddhist festivals in Cambodia such as Pchum Ben Festival and Khmer New Year Festival; 3 Islamic festivals in Indonesia such as Eid al-Adha Festival, Maulid Nabi Festival and Eid ul-Fitr Festival; 5 Buddhist festivals in Laos such as Boun Awk Pansa Festival, Boun Pha Vet Festival, Boun Pi Mai Festival, Boun Khao Pradabdin Festival and Boun Khao Salak Festival; 3 Islamic festivals in Malaysia such as Hari Raya Aidil Adha Festival, Maulidur Rasul Festival and Hari Raya Aidilfitri Festival; 4 Buddhist festivals in Myanmar such as Thadingyut Festival, Tazaungmon Full Moon Festival, Htamane Festival, and Thingyan Festival; 2 Christian festivals in Philippines such as Christmas Festival and Feast of the Santo Niño; Only 1 Buddhist festival in Singapore: Festival of Vesak Day; 4 Buddhist festivals in Thailand such as Songkran Festival (Thai New Year), Sart Thai Festival, Khao Pansa Festival and Awk Pansa Festival; and only 1 Buddhist festival in Vietnam: Tet Nguyen Dan Festival. For the comparison of the costumes for these major religious festivals, it can be concluded that the most popular style of male costume for religious festivals in ASEAN countries consists of stand-up collar (100%), long sleeves (100%), shirt (90%), and long pants (100%), and the most popular style of male costume for religious festivals in ASEAN countries consists of round neck (90%), long sleeves (80%), blouse (60%), and maxi tube skirt (80%).

Keywords: costume, religious festival, ASEAN countries, visual and performing arts

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781 Signs and Symbols of a Modern Sufi Ceremony in Istanbul

Authors: Antonio De Lisa

Abstract:

The aim of this contribution is to describe a Sufi ceremony personally observed and recorded in Istanbul. It is part of research on the semiotics of religion that has been going on for some time. Over the centuries, Sufism has produced remarkable literature, elaborated mainly in the context of Arabic literature and Persian literature, but has also found expression in many other languages (Turkish, Indian, Malayo-Indonesian, etc.). Among the genres cultivated are: devotional books (prayers, meditation, spiritual exercises, etc.); the hagiographic texts, containing the biographies and sentences of the best-known Sufis; the texts that illustrate the abodes or stations of the spiritual path; finally, the theoretical treatises on various topics, often of an apologetic nature. Another typical expression of Sufism is in the literature in verse, which includes first-rate poets of both Arabic (Ibn al-Farid, Ibn 'Arabi) and Persian (Farid al-Din al-Attar, Rumi, Hafez, Gohar Shahi) expression. To observe an authentic Sufi ceremony, we contacted the Silivrikapı Mevlana Cultural Center in Istanbul. The ceremony we will talk about is a characteristic of the brotherhood called Mevleviyye (Mawlawiyya), so called from Mawlānā ('our lord', in Turkish: Mevlānā) Jalāl al-Dīn Muḥammad Rūmī (13th century) better known as the brotherhood of the Whirling Dervishes, founded in Konya. The characteristic of the order is to pray about one's love for Allah with music and dance in a ritual that has the name of Semà. The dance is a swirling movement in a group, representing a mystical journey of the spiritual ascent of man through the mind and love for the 'perfect'. Turning towards the truth, the follower of the group ascends towards love, passing beyond the World and Nothingness. After asceticism, he returns to the common world to communicate his own experience.

Keywords: semiotics of religion, sufi, rumi, islamic philosophy

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780 Unspoken Delights: Creative Strategies for Bypass Censorship System and Depicting Male-Female Relationships in Iranian Cinema

Authors: Parsa Naji

Abstract:

Following the Iran Islamic Revolution in 1979 and the subsequent formation of a theocratic regime, the new regime implemented stringent regulations and a complicated censorship system in the film industry. Thereupon, the screening of films showing the relationships between males and females encountered numerous limitations. Not only did these limits encompass the physical portrayal of the relationship between males and females, but also the dialogues containing explicit sexual or even passionate romantic themes, resulting in a film being permanently consigned to archival storage. However, despite these limitations, Iranian filmmakers persevered in creating their interesting cinematic works. Throughout the years after the revolution, Iranian directors have navigated a series of challenges and obstacles, employing innovative and unconventional methods to bypass the rigorous censorship system imposed by the government, ensuring the screening of their films. This study aims to analyze the creative approaches employed by Iranian filmmakers to circumvent governmental censorship regulations.

Keywords: censorship, Iranian cinema, Islamic revolution, male-female relationship

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779 Epistemological and Ethical Dimensions of Current Concepts of Human Resilience in the Neurosciences

Authors: Norbert W. Paul

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Since a number of years, scientific interest in human resilience is rapidly increasing especially in psychology and more recently and highly visible in neurobiological research. Concepts of resilience are regularly discussed in the light of liminal experiences and existential challenges in human life. Resilience research is providing both, explanatory models and strategies to promote or foster human resilience. Surprisingly, these approaches attracted little attention so far in philosophy in general and in ethics in particular. This is even more astonishing given the fact that the neurosciences as such have been and still are of major interest to philosophy and ethics and even brought about the specialized field of neuroethics, which, however, is not concerned with concepts of resilience, so far. As a result of the little attention given to the topic of resilience, the whole concept has to date been a philosophically under-theorized. This abstinence of ethics and philosophy in resilience research is lamentable because resilience as a concept as well as resilience interventions based on neurobiological findings do undoubtedly pose philosophical, social and ethical questions. In this paper, we will argue that particular notions of resilience are crossing the sometimes fine line between maintaining a person’s mental health despite the impact of severe psychological or physical adverse events and ethically more debatable discourses of enhancement. While we neither argue for or against enhancement nor re-interpret resilience research and interventions by subsuming them strategies of psychological and/or neuro-enhancement, we encourage those who see social or ethical problems with enhancement technologies should also take a closer look on resilience and the related neurobiological concepts. We will proceed in three steps. In our first step, we will describe the concept of resilience in general and its neurobiological study in particular. Here, we will point out some important differences in the way ‘resilience’ is conceptualized and how neurobiological research understands resilience. In what follows we will try to show that a one-sided concept of resilience – as it is often presented in neurobiological research on resilience – does pose social and ethical problems. Secondly, we will identify and explore the social and ethical challenges of (neurobiological) enhancement. In the last and final step of this paper, we will argue that a one-sided reading of resilience can be understood as latent form of enhancement in transition and poses ethical questions similar to those discussed in relation to other approaches to the biomedical enhancement of humans.

Keywords: resilience, neurosciences, epistemology, bioethics

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778 Muslim Women Entrepreneurs in Kerala: Socialist Feminist Insights to Overcome the Hurdles

Authors: Nabilah Haniph

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This paper tries to examine the social and economic conditions of women entrepreneurs from the Muslim community in Kerala. It also tries to explain the problems faced by these entrepreneurs in the light of socialist feminist approach for overcoming these hurdles. The results are presented from a qualitative perspective of research and there is an attempt to merge the results from the study on a critical angle of materialist feminism and thereby prove the superiority of socialist feminism over all other forms of feminism. The analysis of the study is based on data collected from women entrepreneurs from Muslim community in Kerala who run small scale and medium scale business as well as service oriented business all over Kerala. Most of the women entrepreneurs consider themselves to be conventional and God-fearing and domestic women from middle-income or upper-income family and think that they can balance their family and other functions on their own. Most of them understand the problems faced by women in the field of business and they believe that they can solve all these barriers from the socialist feminist perspective. Finally, the paper substantiates why other theories of feminism do not hold good from an Islamic perspective.

Keywords: feminism, Islamic perspective, Kerala Muslim community, women entrepreneurs

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777 Liability of AI in Workplace: A Comparative Approach Between Shari’ah and Common Law

Authors: Barakat Adebisi Raji

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In the workplace, Artificial Intelligence has, in recent years, emerged as a transformative technology that revolutionizes how organizations operate and perform tasks. It is a technology that has a significant impact on transportation, manufacturing, education, cyber security, robotics, agriculture, healthcare, and so many other organizations. By harnessing AI technology, workplaces can enhance productivity, streamline processes, and make more informed decisions. Given the potential of AI to change the way we work and its impact on the labor market in years to come, employers understand that it entails legal challenges and risks despite the advantages inherent in it. Therefore, as AI continues to integrate into various aspects of the workplace, understanding the legal and ethical implications becomes paramount. Also central to this study is the question of who is held liable where AI makes any defaults; the person (company) who created the AI, the person who programmed the AI algorithm or the person who uses the AI? Thus, the aim of this paper is to provide a detailed overview of how AI-related liabilities are addressed under each legal tradition and shed light on potential areas of accord and divergence between the two legal cultures. The objectives of this paper are to (i) examine the ability of Common law and Islamic law to accommodate the issues and damage caused by AI in the workplace and the legality of compensation for such injury sustained; (ii) to discuss the extent to which AI can be described as a legal personality to bear responsibility: (iii) examine the similarities and disparities between Common Law and Islamic Jurisprudence on the liability of AI in the workplace. The methodology adopted in this work was qualitative, and the method was purely a doctrinal research method where information is gathered from the primary and secondary sources of law, such as comprehensive materials found in journal articles, expert-authored books and online news sources. Comparative legal method was also used to juxtapose the approach of Islam and Common Law. The paper concludes that since AI, in its current legal state, is not recognized as a legal entity, operators or manufacturers of AI should be held liable for any damage that arises, and the determination of who bears the responsibility should be dependent on the circumstances surrounding each scenario. The study recommends the granting of legal personality to AI systems, the establishment of legal rights and liabilities for AI, the establishment of a holistic Islamic virtue-based AI ethics framework, and the consideration of Islamic ethics.

Keywords: AI, health- care, agriculture, cyber security, common law, Shari'ah

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776 The Importance of Optimization of Halal Tourism: A Study of the Development of Halal Tourism in Indonesia

Authors: Rizqi W. Romadhon, Nur Arifan

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Halal Tourism is a part of tourism industry which is based on Islamic Principle and addressed to the Muslim tourist. The potency of halal tourism is very broad to be developed, because the growth of Muslim populations is rapidly increasing. Indonesia is one of the biggest countries with Majority of its population is Muslim, therefore human resources and natural resources have very good potential to be part of the Halal tourism industry. But the fact is Indonesia can not optimize the potential of human resources and natural resources as well as neighboring countries carried out. This paper will discuss the reasons of the importance of developing Halal tourism, and the factors influencing the success of developing halal tourism in Indonesia, and also the optimization strategies which can be adopted by the government so that the Halal tourism industry in Indonesia has a sustainable competitive advantage. The existence of this research is expected to government, tourism agents and others can optimize the potency of Indonesia’s Human resources and natural resources for developing Halal tourism industry in Indonesia.

Keywords: halal tourism, Islamic principle, optimization, sustainable competitive advantage

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775 Risk Spillover Between Stock Indices and Real Estate Mixed Copula Modeling

Authors: Hina Munir Abbasi

Abstract:

The current paper examines the relationship and diversification ability of Islamic stock indices /conventional stocks indices and Real Estate Investment Trust (REITs).To represent conditional dependency between stocks and REITs in a more realistic way, new modeling technique, time-varying copula with switching dependence is used. It represents reliance structure more accurately and realistically than a single copula regime as dependence may alter between positive and negative correlation regimes with time. The fluctuating behavior of markets has significant impact on economic variables; especially the downward trend during crisis. Overall addition of Real Estate Investment Trust in stocks portfolio reduces risks and provide better diversification benefit. Results varied depending upon the circumstances of the country. REITs provides better diversification benefits for Islamic Stocks, when both markets are bearish and can provide hedging benefit for conventional stocks portfolio.

Keywords: conventional stocks, real estate investment trust, copula, diversification, risk spillover, safe heaven

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774 Islam and Globalization: Accommodation or Containment of One by the Other

Authors: Mohammed Isah Shehu

Abstract:

This paper examined the context of globalization and Islam and accommodation or containment of one by the other. The paper is born out of the misconception and misunderstanding among many people that globalization is purely Western, anti-Islam and that Islam, globalization and Islam are diametrically opposed as such have no places for accommodating each other. The study used secondary sources to gather data. The study found that from its origin, Islam is in the whole context, a globalized religion and the contemporary globalization is already contained by Islam; that while contemporary globalization is centered on Western world, values and preferences (Western civilization, information and communication technology, free markets, trade and investments); some of the major foundation works that are aiding globalization were originally handiworks of past great Muslims (Islamic civilizations, Order of Algebra, tools of Navigation, Calligraphy, Medicine, Astronomy et cetera) whose major values are not Islamic; with globalization the Muslims have greater opportunities of spreading of Islam and practicing it in a most conducive atmosphere, easy and fast linkage with their fellow Muslim brothers wherever they may be; easier and freer world of trade and have the best opportunities to most things. The study however observed that Western contemporary globalization poses threats to religions such as those of globalization of immorality, injustice, trade with anti-Islamic terms and conditions, internationalized crime et cetera. Muslims would have to avoid or be cautious of many things for Islam is a complete religion that has what is forbidden and allowed (halaal and haramm) based on principles of (Shariah, justice to all, humanity and compassion, obedience to and seeking Allah’s pleasure); to Muslims, Contemporary globalization has to be in conformity with original provisions of Islam. The study recommended that Muslims must rise up in seeking knowledge on Islam and all other fields, further intellectual explorations of works by Muslim scholars/thinkers so that any advancement in globalization would be properly domesticated within Islam for the Muslims to make optimum use of any advancement to the benefit of Islam.

Keywords: accommodation, containment, Islam, globalization

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