Search results for: Western and Islamic worldview of ethics
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3004

Search results for: Western and Islamic worldview of ethics

2464 Islamic Financial Instrument, Standard Parallel Salam as an Alternative to Conventional Derivatives

Authors: Alireza Naserpoor

Abstract:

Derivatives are the most important innovation which has happened in the past decades. When it comes to financial markets, it has changed the whole way of operations of stock, commodities and currency market. Beside a lot of advantages, Conventional derivatives contracts have some disadvantages too. Some problems have been caused by derivatives contain raising Volatility, increasing Bankruptcies and causing financial crises. Standard Parallel Salam contract as an Islamic financial product meanwhile is a financing instrument can be used for risk management by investors. Standard Parallel Salam is a Shari’ah-Compliant contract. Furthermore, it is an alternative to conventional derivatives. Despite the fact that the unstructured types of that, has been used in several Islamic countries, This contract as a structured and standard financial instrument introduced in Iran Mercantile Exchange in 2014. In this paper after introducing parallel Salam, we intend to examine a collection of international experience and local measure regarding launching standard parallel Salam contract and proceed to describe standard scenarios for trading this instrument and practical experience in Iran Mercantile Exchange about this instrument. Afterwards, we make a comparison between SPS and Futures contracts as a conventional derivative. Standard parallel salam contract as an Islamic financial product, can be used for risk management by investors. SPS is a Shariah-Compliant contract. Furthermore it is an alternative to conventional derivatives. This contract as a structured and standard financial instrument introduced in Iran Mercantile Exchange in 2014. despite the fact that the unstructured types of that, has been used in several Islamic countries. In this article after introducing parallel salam, we intend to examine a collection of international experience and local measure regarding launching standard parallel salam contract and proceed to describe standard scenarios for trading this instrument containing two main approaches in SPS using, And practical experience in IME about this instrument Afterwards, a comparison between SPS and Futures contracts as a conventional derivatives.

Keywords: futures contracts, hedging, shari’ah compliant instruments, standard parallel salam

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2463 Proposing an Optimal Pattern for Evaluating the Performance of the Staff Management of the Water and Sewage Organization in Western Azerbaijan Province, Iran

Authors: Tohid Eskandarzadeh, Nader Bahlouli, Turaj Behnam, Azra Jafarzadeh

Abstract:

The purpose of the study reported in this paper was to propose an optimal pattern to evaluate the staff management performance of the water and sewage organization. The performance prism-model was used to evaluate the following significant dimensions of performance: organizational strategies, organizational processes, organization capabilities, stakeholders’ partnership and satisfaction. In the present study, a standard, valid and reliable questionnaire was used to obtain data about the five dimensions of the performance prism model. 169 sample respondents were used for responding the questionnaire who were selected from the staff of water and waste-water organization in western Azerbaijan, Iran. Also, Alpha coefficient was used to check the reliability of the data-collection instrument which was measured to be beyond 0.7. The obtained data were statistically analyzed by means of SPSS version 18. The results obtained from the data analysis indicated that the performance of the staff management of the water and waste-water organization in western Azerbaijan was acceptable in terms of organizational strategies, organizational process, stakeholders’ partnership and satisfaction. Nevertheless, it was found that the performance of the staff management with respect to organizational abilities was average. Indeed, the researchers drew the conclusion that the current performance of the staff management in this organization in western Azerbaijan was less than ideal performance.

Keywords: performance evaluation, performance prism model, water, waste-water organization

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2462 The Linguistic Fingerprint in Western and Arab Judicial Applications

Authors: Asem Bani Amer

Abstract:

This study handles the linguistic fingerprint in judicial applications described in a law technicality that is recent and developing. It can be adopted to discover criminals by identifying their way of speaking and their special linguistic expressions. This is achieved by understanding the expression "linguistic fingerprint," its concept, and its extended domain, then revealing some of the linguistic fingerprint tools in Western judicial applications and deducing a technical imagination for a linguistic fingerprint in the Arabic language, which is needy for such judicial applications regarding this field, through dictionaries, language rhythm, and language structure.

Keywords: linguistic fingerprint, judicial, application, dictionary, picture, rhythm, structure

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2461 Determining Factors for Opening Accounts, Customers’ Perception and Their Satisfaction Level Towards the First Security Islamic Bank of Bangladesh

Authors: Md. Akiz Uddin

Abstract:

This research attempted to identify the determining factors that extensively persuaded customers of the First Security Islamic Bank Limited (FSIBL) to open accounts and their perception and satisfaction level towards it. Initially, a theoretical model was established based on existing literature reviews. After that, a self-administered structured questionnaire was developed, and data were collected from 180 customers of the FSIBL of Bangladesh using purposive sampling technique. The collected data were later analyzed through a statistical software. Structural Equation Modelling (SEM) was used to verify the model of the study and test the hypotheses. The study particularly examined the determinants of opening accounts, customers’ perception and their satisfaction level towards the bank on several factors like the bank’s compliance with Shariah law, use of modern technology, assurance, reliability, empathy, profitability, and responsiveness. To examine the impact of religious belief on being FSIBL clients, the study also investigates non-Muslim clients’ perception about FSIBL. The study focused on FSIBL customers only from five branches of Dhaka city. The study found that the religious beliefs is the most significant factors for Muslim customers for considering FSIBL to open an account, and they are satisfied with the services, too. However, for non-Muslim customers, other benefits like E-banking, various user-friendly services are the most significant factors for choosing FSIBL. Their satisfaction level is also statistically significant. Furthermore, even if the non- Muslim customers didn’t consider religious beliefs as determinant factors for choosing FSIBL, the respondents informed that they have trust that people who believe in shariah law are more reliable to keep money with them. These findings open up the avenue for future researchers to conduct more study in this area through employing a larger sample size and more branches and extending the current model by incorporating new variables. The study will be an important addition to the potentials of Islamic banking system, literature of service quality and customer satisfaction level, particularly in the success of Islamic banking system in Bangladesh.

Keywords: islamic banking, customers’ satisfaction, customers’ perception, shariah law

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2460 Challenging Shariah-Compliant Contract: A Latest Insight into the Malaysian Court Cases

Authors: Noor Suhaida Kasri

Abstract:

In the last three decades, Malaysia has developed fundamental legal and regulatory structures that aim to accommodate and facilitate the growth of Islamic banking and finance industry. Important building blocks have been put in place, to cite a few, the elevation of the position of the Malaysian Central Bank Shariah Advisory Council (SAC) as the apex advisory body and the empowerment of their Shariah resolutions through the Central Bank Act 1958; the promulgation of the Islamic Financial Services Act 2013 that regulate and govern Islamic finance market with a robust statutory requirement of Shariah governance and Shariah compliance. Notwithstanding these achievements, enforceability of Shariah-compliant contract remains a contentious subject. The validity of Al Bai Bithaman Ajil concept that was commonly used by the Islamic financial institutions in their financing facilities structures and documentation has been unabatedly challenged by the customers in courts. The challenge was due to the manner in which the Al Bai Bithaman Ajil transactions were carried out. Due to this legal challenge, Al Bai Bithaman Ajil financing structure seems to no longer be the practitioners’ favourite in Malaysia, though its substitute tawarruq and commodity murabahah financing structure may potentially face similar legal challenges. This paper examines the legal challenges affecting the enforceability of these underlying Shariah contracts. The examination of these cases highlights the manner in which these contracts were being implemented and applied by the Malaysian Islamic financial institutions that triggered Shariah and legal concern. The analysis also highlights the approach adopted by the Malaysian courts in determining the Shariah issues as well as the SAC in ascertaining the rulings on the Shariah issues referred to it by the courts. The paper adopts a qualitative research methodology by using textual and documentary analysis approach. The outcome of this study underlines factors that require consideration by industry stakeholder in order to ameliorate the efficacy of the existing building blocks that would eventually strengthens the validity and enforceability of Shariah-compliant contracts. This, in the long run, will further reinforce financial stability and trust into the Islamic banking and finance industry in Malaysia.

Keywords: enforceability of Shariah compliant contract, legal challenge, legal and regulatory framework, Shariah Advisory Council

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2459 Efficiency and Performance of Legal Institutions in the Middle East in the 21st Century

Authors: Marco Khalaf Ayad Milhaail

Abstract:

In thinking about the role of legal rules and their impact on social ethics and social structures, scholars have explored many issues related to gender, power, and ideology. First, it provides a framework for defining feminist legal studies through an overview of the field's evolution in terms of equality, rights, and justice. Secondly, it encourages those interested in equality, rights, and justice regarding women's issues to participate in international comparative law research. Third, we must emphasize that those seeking solutions to disability and discrimination must be aware of the need to confront the so-called undermining of culture. Therefore, an effective way for women to solve this problem is to rely heavily on international law, which establishes basic legal principles such as gender equality, rights, and justice and can help create a domestic environment. Woman has gained many advantages by adopting the law of Divorce in the Islamic Sharea. Any Egyptian woman can get divorce by letting her rightful rights and wealth to her husband in return for her freedom.

Keywords: stability, harsh environments, techniques, thermal, properties, materials, applications, brittleness, fragility, disadvantages, bank, branches, profitability, setting prediction, effective target, measurement, evaluation, performance, commercial, business, profitability, sustainability, financial, system, banks

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2458 Decoration in Anatolian Seljuk Minarets

Authors: Turkan Harmanbasi, Zeliha Busra Eryigit

Abstract:

The Anatolian Seljuk State was established in Anatolia by the Seljuks and continued its existence between the 11th and 14th centuries. Iznik was the first capital of Anatolian Seljuks. With the conquest of Konya in 1086, this place was declared as the capital. The Anatolian Seljuk State, with its numerous cultural elements, has produced valuable and permanent works for more than two centuries. Most of the important and monumental works were built in Konya. Anatolian Seljuk Art that makes unique; the technique in his works is the difference in material and style. It has gained an important place in Islamic architecture with this feature. In this period, rich embellishment programs emerged with the use of geometrical ornaments, floral motifs and calligraphy belts. In the Anatolian Seljuks, decoration was mainly applied with façade, crown gates, doors, windows, mihrab, mimbar, cover, transition elements and minarets; built with stone, brick and wooden materials. The minarets are located adjacent to the mosques or outside, as a high place that can be reached by stairs, which is made to invite people to worship and to announce this to people. They are architectural elements that have always been important in Islamic architecture with their compositions, construction techniques and ornaments. In different countries where Islam has spread, it has gained different appearances with the influence of local traditions. In the Seljuk art, minarets have become indispensable architectural elements of mosques and masjids. Stone and brick are generally used as a material in the minarets, and in some examples it can be seen that the tile was accompanied by the material. Ornamental motifs are formed by bringing these materials side by side vertically or horizontally. The scope of this study, the decoration details of the minarets built during the Anatolian Seljuk period will be examined. As a study area, samples from various Anatolian cities, especially Konya, were selected. Aim of studying the decoration of the Anatolian Seljuk minaret can shed some light on one of the most important aspects of the Islamic architecture in Anatolia and the development of the minaret in the Islamic World.

Keywords: Anatolian Seljuk, decoration, Islamic architecture, minaret, ornament

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2457 Anonymity and Irreplaceability: Gross Anatomical Practices in Japanese Medical Education

Authors: Ayami Umemura

Abstract:

Without exception, all the bodies dissected in the gross anatomical practices are bodies that have lived irreplaceable lives, laughing and talking with family and friends. While medical education aims to cultivate medical knowledge that is universally applicable to all human bodies, it relies on a unique, irreplaceable, and singular entity. In this presentation, we will explore the ``irreplaceable relationship'' that is cultivated between medical students and anonymous cadavers during gross anatomical practices, drawing on Emmanuel Levinas's ``ethics of the face'' and Martin Buber's discussion of “I-Thou.'' Through this, we aim to present ``a different ethic'' that emerges only in the context of face-to-face relationships, which differs from the generalized, institutionalized, mass-produced ethics like seen in so-called ``ethics codes.'' Since the 1990s, there has been a movement around the world to use gross anatomical practices as an "educational tool" for medical professionalism and medical ethics, and some educational institutions have started disclosing the actual names, occupations, and places of birth of corpses to medical students. These efforts have also been criticized because they lack medical calmness. In any case, the issue here is that this information is all about the past that medical students never know directly. The critical fact that medical students are building relationships from scratch and spending precious time together without any information about the corpses before death is overlooked. Amid gross anatomical practices, a medical student is exposed to anonymous cadavers with faces and touching and feeling them. In this presentation, we will examine a collection of essays written by medical students on gross anatomical practices collected by the Japanese Association for Volunteer Body Donation from medical students across the country since 1978. There, we see the students calling out to the corpse, being called out to, being encouraged, superimposing the carcasses on their own immediate family, regretting parting, and shedding tears. Then, medical students can be seen addressing the dead body in the second person singular, “you.” These behaviors reveal an irreplaceable relationship between the anonymous cadavers and the medical students. The moment they become involved in an irreplaceable relationship between “I and you,” an accidental and anonymous encounter becomes inevitable. When medical students notice being the inevitable takers of voluntary and addressless gifts, they pledge to become “Good Doctors” owing the anonymous persons. This presentation aims to present “a different ethic” based on uniqueness and irreplaceability that comes from the faces of the others embedded in each context, which is different from “routine” and “institutionalized” ethics. That can only be realized ``because of anonymity''.

Keywords: anonymity, irreplaceability, uniqueness, singularlity, emanuel levinas, martin buber, alain badiou, medical education

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2456 Bringing Ethics to a Violent System

Authors: Zeynep Selin Acar

Abstract:

In international system, there has always been a cycle of violence, war and peace. As there travels the time, after Christianity and later Just War theorists, international relations theorists have been tried to limit violence and war. As pieces of international law, Peace of Augsburg, Kellog-Briand Pact, League of Nations Covenant and UN Charter were and are still not effective to prevent war. Moreover, in order to find a way around these rules, it is believed that a new excuse started to be used instead of violence or war, humanitarian intervention. However, it has neither a legal nor a universally accepted framework. As a result, it is open to be manipulated by states. In order to prevent this, Responsibility to Protect (RtoP) which gives a state the responsibility to protect its citizens against violence, is created. Additionally, RtoP transfers this responsibility to regional or international group of states at the time when a state is the origin of violence. In the lights of these, this paper analyzes RtoP as an ethical approach to war and peace studies because it provides other states as guardians and care-takers of people who do not belong to them or do not share any togetherness.

Keywords: ethics, humanitarian intervention, responsibility to protect, UN charter

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2455 Legacy of Islamic Hadith and Biodiversity

Authors: Mohsen Nouraei, M. Amouei

Abstract:

Islamic studies are considered in both the Quran and Hadith. Hadith is defined as a set of reports that narrated the words, and behaviors, of infallible persons such as the holy Prophet (pbuh) or the Infallible Imams (as). The issue of biodiversity which is the one of the most important environmental aspects is considered in the field of Hadith. The present paper has investigated biodiversity on the basis of descriptive-analytical methods and with the approach of library-documentary. The household of the Prophet (as) have referred biodiversity that were included diversity of animals, plants, climate etc. In addition to, they also have emphasized on the human need to keep diversity and no damage. It should be noted that they have expressed the rights of the animals and plants for correct using of human, so that human can use these rights in conservation of diversity and their generation.

Keywords: biodiversity, conservation of biodiversity, degradation of biodiversity, extinction of biodiversity

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2454 The Impact of the Religious and Cultural Factors on Saudi Female Studying in Western Institutions

Authors: Sahar S. Moursi

Abstract:

Due to the unique background of the Saudi female international students who study in western institutes, they face tough challenges as English as a second language (ESL) learners. This paper draws on a Ph.D. study that examines a wide range of challenges faced by Saudi female international students when they study the English language and other academic subjects in a new culture. This research project followed the phenomenological approach and, more specifically, used the in-depth interview to provide an opportunity to the seven female participants to make their voices heard through telling their stories. The data analysis indicated that the Saudi female international students who study in western institutes are faced with religious and cultural challenges that impact their academic performance. This study is significant for the authorities in Saudi Arabia and the hosting universities as it gives essential recommendations to both sides of the aisle. It also provides the Saudi female international students with vital recommendations to better cope with those challenges.

Keywords: English language learners, religious and cultural background, Saudi female students, tough challenges

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2453 Evaluation of Nitrogen Fixation Capabilities of Selected Pea Lines Grown under Different Environmental Conditions in Canadian Prairie

Authors: Chao Yang, Rosalind Bueckert, Jeff Schoenau, Axel Diederichsen, Hossein Zakeri, Tom Warkentin

Abstract:

Pea is a very popular pulse crop that widely grew in Western Canadian prairie. However, the N fixation capabilities of these pea lines were not well evaluated under local environmental conditions. In this study, 2 supernodulating mutants Frisson P64 Sym29, Frisson P88 Sym28 along with their wild parent Frisson, 1 hypernodulating mutant Rondo-nod3 (fix+) along with its wild parent Rondo, 1 non-nodulating mutant Frisson P56 (nod-) and 2 commercial pea cultivar CDC Meadow and CDC Dakota which are widely planted in Western Canada were selected in order to evaluate the capabilities of their BNF, biomass, and yield production in symbiosis with R. leguminosarumbv. viciae, Our results showed different environmental conditions and variation of pea lines could both significantly impact days to flowering (DTF), days to podding (DTP), biomass and yield of tested pea lines (P < 0.0001), suggesting consideration of environmental factors could be important when selecting pea cultivar for local farming under different soil zones in Western Canada. Significant interaction effects between environmental conditions and pea lines were found on pea N fixation as well (P = 0.001), suggesting changes in N fixation capability of the same pea cultivar when grown under different environmental conditions. Our results provide useful information for farming and better opportunity for selection of pea cultivars with higher N-fixing capacity during breeding programs in Western Canada.

Keywords: Canadian prairie, environmental condition, N fixation, pea cultivar

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2452 The Influence of the Islamic State (IS) on India: Recent Developments and Challenges

Authors: Alvite Singh Ningthoujam

Abstract:

The most recent terror phenomenon, which is also known as the Islamic State of Iraq and Syria (ISIS), or Islamic State (IS), has its influence felt in South Asia. This dreaded Sunni militant group, today, has become a concern in India as well. Already affected by various terror activities in the country, the influence of the IS on the radicalised Muslim youths in India has been watched closely by the security agencies. There had already been a few IS-related incidents in India due to which this issue has emerged as a threat or challenge to India’s internal security. The rapid radicalisation of youths in a few states where there are sizeable Muslim populations has gone, to some extent, in favour of the IS, particularly in the terror outfit’s recruitment process. What has added to the worry of the Indian security agencies is the announcement of the Al-Qaeda leader, Ayman al-Zawahari, of the creation of the Al-Qaeda in the Indian Subcontinent. In fact, this is a worrisome factor as both the militant groups, that is, al-Qaeda and ISIS, have a similar objective to target India and to turn this South Asian country as one of the recruiting grounds for extremists. There is also a possibility that an Indian Mujahedeen (IM) man was believed to be instrumental in recruiting for the ISIS poor Muslims in a few Indian states. If this nexus between ISIS and India’s home-grown terror groups manages to establish a robust link, then the headache of combating such amalgamated force will be a hard task for Indian security agencies. In the wake of the above developments, this paper would seek to analyse the developing trend in India in regard to IS. It would also bring out the reasons as to why further penetration of the IS influence on India would be a grave concern in the internal security of the country. The last section of the paper would highlight the steps that have been taken by the Indian government to tackle this menace effectively.

Keywords: India, Islamic State, Muslim, Security

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2451 An Approach to Consumption of Exhaustible Resources Based on Islamic Justice and Hartwick Criteria

Authors: Hamed Najafi, Ghasem Nikjou

Abstract:

Nowadays, there is an increasing attention to the resources scarcity issues. Because of failure in present patterns in the field of the allocation of exhaustible resources between generations and the challenges related to economic justice supply, it is supposed, to present a pattern from the Islamic perspective in this essay. By using content analysis of religious texts, we conclude that governments should remove the gap which is exists between the per capita income of the poor and their minimum consumption (necessary consumption). In order to preserve the exhaustible resources for poor people) not for all), between all generations, government should invest exhaustible resources on endless resources according to Hartwick’s criteria and should spend these benefits for poor people. But, if benefits did not cover the gap between minimum consumption and per capita income of poor levels in one generation, in this case, the government is responsible for covering this gap through the direct consumption of exhaustible resources. For an exact answer to this question, ‘how much of exhaustible resources should expense to maintain justice between generations?’ The theoretical and mathematical modeling has been used and proper function has been provided. The consumption pattern is presented for economic policy makers in Muslim countries, and non-Muslim even, it can be useful.

Keywords: exhaustible resources, Islamic justice, intergenerational justice, distribution of resources, Hartwick criteria

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2450 Contemporary Visual Art and Shariah: A Conceptual Framework

Authors: Ishak Ramli, Mohamad Noorman Masrek, Muhamad Abdul Aziz Ab Gani

Abstract:

Islam places restrictions and limitation to the creation and ownership of visual art. Not all forms of visual arts are permissible in Islam. However, guidance on the creation and ownership of visual arts is not made plain and clear not only to the Islamic followers but also to the art community. Given this gap, this study attempts to develop a conceptual framework that will guide artist and art collectors on what constitute to valid and acceptable through the Islamic perspective. Based on this framework, several research checklist are proposed. It is highly useful especially for the researchers who are interested to study the topic. Qualitative research is the best choice to test run the paper work to attempt all the checklist which are formed.

Keywords: contemporary visual art, Shariah, conceptual framework, Islam

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2449 Inventory of Aromatic and Medicinal Plants Used in Natural Cosmetics in Western Algeria

Authors: Faiza Chaib, Yasmina-Nadia Bendahmane, Fatima Zohra Ghanemi

Abstract:

In order to know the traditional use of aromatic and medicinal plants in natural cosmetics, we carried out an ethnobotanical study using an online quiz among the Algerian population residing mainly in western Algeria (Oran, Tlemcen, and Mostaganem). Our study identified 37 plant species used as cosmetic plants, divided into 9 botanical families. The families mainly used and the richest in species are the lamiaceae, the apiecea, and the rutaceae. Our study states that the 5 species with the highest frequency of use and highest citation value are lemon, chamomile, turmeric, garlic, and lavender. Lemon takes first place in the order of frequency. The plants listed have been listed in tables grouping the identification of plants by their scientific and vernacular names, frequency of use, parts used, parts of the body concerned, desired action, as well as the main traditional recipes. This study allowed us to highlight the importance of aromatic plants and to appreciate their traditional practices in natural cosmetics.

Keywords: aromatic plants, ethnobotanical survey, traditional use, natural cosmetics, questionnaire, western Algeria

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2448 Addressing Cultural Discrimination in Research Design: The Responsibilities of Ethics Committees

Authors: Elspeth McInnes

Abstract:

Research design is central to ethical research. Discriminatory research design is a key risk for researchers examining diverse cultural groups without conscious commitment to anti-discrimination values or knowledge of their culture. Culturally discriminatory research design is defined here as research proceeding from negative assumptions about people on the basis of race, colour, ethnicity, nationality or religion. Such discrimination can be direct or indirect. Direct discrimination is the uncritical mobilization of dominant group negative stereotypes of cultural minorities. Indirect discrimination is the examination of policies or programs grounded in dominant culture negative stereotypes that have been uncritically accepted by the researchers. This paper draws on anonymized elements of planned research projects and considers both direct and indirect cultural discrimination in research design and the responsibilities of ethics committees. Human research ethics committees provide a point of scrutiny with responsibility to alert researchers to risks of basing research on negative cultural stereotypes, as well as protecting participants from being subjected to negative discourses about them. This issue has become an increasing concern in a globalizing world of human displacement and migration creating a rise in the presence of minority cultures in host countries. As a nation established through colonization and immigration Australia has a long history of negative cultural stereotypes of Indigenous Australians as well as a legacy of the White Australia policy, which still echoes in attitudes to each wave of non-European immigration. The task of eliminating cultural discrimination in research design is vital to sustaining research integrity and ensuring that research is not used to reinforce or justify cultural discrimination.

Keywords: cultural discrimination, cultural stereotypes, participant risk, research design

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2447 The Significance of Islamic Concept of Good Faith to Cure Flaws in Public International Law

Authors: M. A. H. Barry

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The concept of Good faith (husn al-niyyah) and fair-dealing (Nadl) are the fundamental guiding elements in all contracts and other agreements under Islamic law. The preaching of Al-Quran and Prophet Muhammad’s (Peace Be upon Him) firmly command people to act in good faith in all dealings. There are several Quran verses and the Prophet’s saying which stressed the significance of dealing honestly and fairly in all transactions. Under the English law, the good faith is not considered a fundamental requirement for the formation of a legal contract. However, the concept of Good Faith in private contracts is recognized by the civil law system and in Article 7(1) of the Convention on International Sale of Goods (CISG-Vienna Convention-1980). It took several centuries for the international trading community to recognize the significance of the concept of good faith for the international sale of goods transactions. Nevertheless, the recognition of good faith in Civil law is only confined for the commercial contracts. Subsequently to the CISG, this concept has made inroads into the private international law. There are submissions in favour of applying the good faith concept to public international law based on tacit recognition by the international conventions and International Tribunals. However, under public international law the concept of good faith is not recognized as a source of rights or obligations. This weakens the spirit of the good faith concept, particularly when determining the international disputes. This also creates a fundamental flaw because the absence of good faith application means the breaches tainted by bad faith are tolerated. The objective of this research is to evaluate, examine and analyze the application of the concept of good faith in the modern laws and identify its limitation, in comparison with Islamic concept of good faith. This paper also identifies the problems and issues connected with the non-application of this concept to public international law. This research consists of three key components (1) the preliminary inquiry (2) subject analysis and discovery of research results, and (3) examining the challenging problems, and concluding with proposals. The preliminary inquiry is based on both the primary and secondary sources. The same sources are used for the subject analysis. This research also has both inductive and deductive features. The Islamic concept of good faith covers all situations and circumstances where the bad faith causes unfairness to the affected parties, especially the weak parties. Under the Islamic law, the concept of good faith is a source of rights and obligations as Islam prohibits any person committing wrongful or delinquent acts in any dealing whether in a private or public life. This rule is applicable not only for individuals but also for institutions, states, and international organizations. This paper explains how the unfairness is caused by non-recognition of the good faith concept as a source of rights or obligations under public international law and provides legal and non-legal reasons to show why the Islamic formulation is important.

Keywords: good faith, the civil law system, the Islamic concept, public international law

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2446 Livestock Activity Monitoring Using Movement Rate Based on Subtract Image

Authors: Keunho Park, Sunghwan Jeong

Abstract:

The 4th Industrial Revolution, the next-generation industrial revolution, which is made up of convergence of information and communication technology (ICT), is no exception to the livestock industry, and various studies are being conducted to apply the livestock smart farm. In order to monitor livestock using sensors, it is necessary to drill holes in the organs such as the nose, ears, and even the stomach of the livestock to wear or insert the sensor into the livestock. This increases the stress of livestock, which in turn lowers the quality of livestock products or raises the issue of animal ethics, which has become a major issue in recent years. In this paper, we conducted a study to monitor livestock activity based on vision technology, effectively monitoring livestock activity without increasing animal stress and violating animal ethics. The movement rate was calculated based on the difference images between the frames, and the livestock activity was evaluated. As a result, the average F1-score was 96.67.

Keywords: barn monitoring, livestock, machine vision, smart farm

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2445 Study and Acquisition of the Duality of the Arabic Language

Authors: Oleg Redkin, Olga Bernikova

Abstract:

It is commonly accepted that every language is both pure linguistic phenomenon as well as socially significant communicative system, which exists on the basis of certain society - its collective 'native speaker'. Therefore the language evolution and features besides its own linguistic rules and regulations are also defined by the influence of a number of extra-linguistic factors. The above mentioned statement may be illustrated by the example of the Arabic language which may be characterized by the following peculiarities: - the inner logic of the Arabic language - the 'algebraicity' of its morphological paradigms and grammar rules; - association of the Arabic language with the sacred texts of Islam, its close ties with the pre-Islamic and Islamic cultural heritage - the pre-Islamic poetry and Islamic literature and science; - territorial distribution, which in recent years went far beyond the boundaries of its traditional realm due to the development of new technologies and the spread of mass media, and what is more important, migration processes; - association of the Arabic language with the so called 'Renaissance of Islam'. These peculiarities should be remembered while considering the status of the Modern Standard Arabic (MSA) language or the Classical Arabic (CA) language as well as the Modern Arabic (MA) dialects in synchrony or from the diachronic point of view. Continuity of any system in diachrony on the one hand depends on the level of its ability to adapt itself to changing environment and by its internal ties on the other. Structural durability of language is characterized by its inner logic, hierarchy of paradigms and its grammar rules, as well as continuity of their implementation in acts of everyday communication. Since the Arabic language is both linguistic and social phenomenon the process of the Arabic language acquisition and study should not be focused only on the knowledge about linguistic features or development of communicative skills alone, but must be supplied with the information related to culture, history and religion of peoples of certain region that will expand and enrich competences of the target audience.

Keywords: Arabic, culture, Islam, language

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2444 Analysing Anime as the Narration of Resistance: Case Study of Japanese Vampire Anime

Authors: Patrycja Pichnicka

Abstract:

Anime is the Japanese art of animation and a kind of Japanese animated movie, different from the Western ones by its specific features. In the world dominated by live action movies, mostly the ones produced in the United States, Japanese animated movies, which constitute a large part of the Japanese movie industry, play the role of the Other. They adapt elements of Western culture and technology to create something that resists global Western domination. This phenomenon is particularly interesting to observe in the case of narration borrowed from the Western culture, yet transformed in a specific manner: such as Vampire Narration. The phenomenon should be examined using the theory of cultural adaptation of Siergiei Arutiunow, as well as theory of cultural hegemony and postcolonial theories, including the theory of the discourse of resistance. Relations of cultural hegemony and resistance have been mentioned in works of Susan Napier, however they are worth to be fully developed. Anime relations to globally dominating culture reveal tension between submission and resistance in which non-Western identity is constructed and performed. Nonetheless, the tension between the Global/Western and the Japanese is not the only one existing in contemporaneous Japanese society and culture. Sexual, gender, class, and ethnic issues are also expressed in and through pop culture narrations. Using the basic division of the types of cultural adaptation we can trace the line of the evolution of the Japanese cultural attitude towards the West, expressed in the Vampire Narration from the time of American occupation till now. These attitudes changed from the submissive assimilation or reproduction of cultural models, through the simple opposition, to the more nuanced attitude of nowadays. However, according to Kimberlé Crenshaw’s intersectional theory, there is no one category of discrimination or submission. There are individuals or groups existing on the cross of two or more categories of emancipation. If the Japanese were culturally subdued to the Westerner, the Japanese woman was doubly subdued: as a woman and as a Japanese. The emancipation of one group can deepen the submission of another one, of internal Other, of the group in which two or more categories of domination/submission intersect. That is why some Japanese female authors enthusiastically reproduce the Western cultural models, even if this means a cultural hegemony of the West over the Japanese. They see, as women, more liberal attitudes towards their gender in the Western culture than in the Japanese culture, as it is constructed and produced by Japanese men. The Japanese anime is the realm in which sophisticated art meets social tendencies and cultural attitudes. Anime examination permits to study of the composed contemporaneous Japanese identity, as well as general rules of cultural relations.

Keywords: anime, cultural hegemony, intercultural relations, resistance, vampire narration

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2443 The Hawza Al-’Ilmiyya and Its Role in Preserving the Shia Identity through Jurisprudence

Authors: Raied Khayou

Abstract:

The Hawza Al-'Ilmiyya is a network of religious seminaries in the Shia branch of Islam. This research mainly focuses on the oldest school located in Najaf, Iraq, because its core curriculum and main characteristics have been unchanged since the fourth century of Islam. Relying on a thorough literature review of Arabic and English publications, and interviews with current and previous students of the seminary, the current research outlines the factors proving how this seminary was crucial in keeping the Shia religious identity intact despite sometimes gruesome attempts of interference and persecution. There are several factors that helped the seminary to preserve its central importance. First, rooted in their theology, Shia Muslims believe that the Hawza Al-’Ilmiyya and its graduates carry a sacred authority. Secondly, the financial independence of the Seminary helped to keep it intact from any governmental or political meddling. Third, its unique teaching method, its matchless openness for new students, and its flexible curriculum made it attractive for many students who were interested in learning more about Shia theology and jurisprudence. The Hawza Al-‘Ilmiyya has the exclusive right to train clerics who hold the religious authority of Shia Islamic jurisprudence, and the seminary’s success in staying independent throughout history kept Shia Islamic theology independent, as well.

Keywords: Hawza Al'Ilmiyya, religious seminary, Shia Muslim education, Islamic jurisprudence

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2442 Relationship between Legacy of Islamic Hadith and Biodiversity

Authors: Mohsen Nouraei, Maryam Amouei

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Islamic studies are considered in both the Quran and Hadith. Hadith is defined as a set of reports that narrated the words and behaviors of infallible persons such as the holy Prophet (pbuh) or the Infallible Imams (as). The issue of biodiversity which is the one of the most important environmental aspects is considered in the field of Hadith. The present paper has investigated biodiversity on the basis of descriptive-analytical methods and with the approach of library-documentary. The household of the Prophet (as) have referred biodiversity that were included diversity of animals, plants, climate etc. In addition, they also have emphasized on the human need to keep diversity and no damage. It should be noted that they have expressed the rights of the animals and plants for correct using of human, so that human can use these rights in conservation of diversity and their generation.

Keywords: biodiversity, conservation of biodiversity, degradation of biodiversity, extinction of biodiversity

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2441 Environmental Justice and Citizenship Rights in the Tehran Health Plan

Authors: Mohammad Parvaresh, Mahdi Babaee, Bahareh Arghand, Davood Nourmohammadi

Abstract:

Environmental degradation is caused by social inequalities and the inappropriate use of nature and a factor in the violation of human rights. Indeed, the right to a safe, healthy and ecologically-balanced environment is an independent human right. Therefore, the relationship between human rights and environmental protection is crucial for the study of social justice and sustainable development, and environmental problems are a result of the failure to realize social and economic justice. In this regard, 'article 50 of the constitution of the Islamic Republic of Iran as a general principle have many of the concepts of sustainable development, including: the growth and improvement of human life, the rights of present and future generations, and the integrity of the inner and outer generation, the prohibition of any environmental degradation'. Also, Charter on Citizen’s Rights, which was conveyed by the President of the Islamic Republic of Iran, Mr. Rouhani refers to the right to a healthy environment and sustainable development. In this regard in 2013, Tehran Province Water and Wastewater Co. defined a plan called 'Tehran’s Health Line' was includes Western and Eastern part by about 26 kilometers of water transferring pipelines varied 1000 to 2000 mm diameters. This project aims to: (1) Transfer water from the northwest water treatment plant to the southwest areas, which suffer from qualitative and quantitative water, in order to mix with the improper wells’ water; (2) Reducing the water consumption provided by harvesting from wells which results in improving the underground water resources, causing the large settlements and stopping the immigrating slums into the center or north side of the city. All of the financial resources accounted for 53,000,000 US$ which is mobilized by Tehran Province Water and Wastewater Co. to expedite the work. The present study examines the Tehran Health Line plan and the purpose of implementation of this plan to achieve environmental protection, environmental justice and citizenship rights for all people who live in Tehran.

Keywords: environmental justice, international environmental law, erga omnes, charter on citizen's rights, Tehran health line

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2440 Humanitarian Aid and National Sovereignty: The Case of Kosovo

Authors: Nick Papanikolaou

Abstract:

In modern world politics, International relations are very complex not only in their construction but also in their interpretation the ex-Yugoslavian(western Balkans) countries, due to the establishment of independent states, have also risen pending geopolitical and territorial issues such as the Kosovo dispute widely known as an active frozen conflict. Science of anthropology and its subfield of anthropology of conflict can suggest a sustainable plan of communities coexistence and abolishment of fondamentalism. The 1244 Security Council Resolution provides a framework of implementation of a transitional international joint international armed presence for ensuring control and stability in the territory. The changing international relations landscape and the rise of the integration of the Western Balkans in the European Union have brought the question of Kosovo and all the till now internationally controlled system of governance to a dead end. A new solution that will ensure a sustainable future needs to be applied in order to solve this case in a way that rights of both albanians and Serbians will be equally respected and both populations will coexist peacefully. What this presentation aims for is to present a plan for the peaceful coexistence and sovreignty of habitants of Kosovo in a whole new way of governance.

Keywords: sovereignty, Kosovo, Western Balkans, anthropology of conflict

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2439 Characterization of Mineralogy, Geochemical and Origin of Nephelinitic Jurf Ed-darawish Volcano in Western Central Jordan

Authors: Hassan Farhan Alfugha

Abstract:

the cenozoic volcanism in westt central jordan which show homohgenous lava from upper mantle.es represented by basaltic scoria cones and flows and covers approximately 10 km. fourtten nephelinitic rock samples were collected at jurf ed-darawish volcanism to analyze major minor and trace elements by using XRF.. geochemical parameters of these samp;es such as MG/MG+FE+2, the ratio range from 0.41 to 0.45 and high ti contents 3.09-3.28wt % indicate that the corresponding magmas are nearly of primary origin . this magma show low variable abundances of compatible and incompatible trace elements reflecting a homogenous source. the studied volcanic rocks, which are mainly nephlinites, belong to the alkaline rocks series containing 4.38-5.95wt% alkali oxides they are usually undersaturated in regard it the silica content, which ranges between 39.88-41.50wt.%.value compared to other jordanien basaltic rocks majorminor and trace elementes data as well as mantel xenoliths entrained in the volcanic rocks are spinel iherzolites that suggest the lithospheric mantle as the source for the pleistocene volcanism these xenoliths resided at shallow mantle depths (45 km ) because a geothermobarometric analysis yielded p-t conditions close to 15 kbar and 1100c the mantle nodules did not equilibrate with the melts indicating a fast transport from the mantle to the surface and a mgma >65 km deeper source area of the melts.

Keywords: nephelinite plestocene western central jordan, western central jordan, volcano in western central jordan, central jordan

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2438 Muslim Women’s Motivation for Physical Activity

Authors: Nargess Fasihmardanloo

Abstract:

The aim of this study was to comparatively study the motivations of women to physical activity in Iran and selected Arab countries Based on individual, social and Islamic components. The present study was a descriptive comparative study that was performed by field method. The statistical population of the study included female athletes in Iran and Arab countries. A total of 184 people from Iran and 179 people from Arab countries (Iraq, UAE, and Jordan) were selected through available sampling as a research sample. The research tool included a questionnaire. The validity of the questionnaire was confirmed and its reliability in a pilot study was 0.95 through Cronbach's alpha. The questionnaire was translated into Persian in Iran and translated into Arabic for the selected countries and was provided to the participants electronically and through cyberspace. Finally, 363 questionnaires were collected. Manova multivariate analysis of variance using spss22 software was used to analyze the data. Findings showed that between Iranian women athletes and women athletes in selected Arab countries in the components of intrapersonal motivation (p = 0.009 and f = 6.978), interpersonal motivation (p = 0.050 and f = 3.875), There is a significant difference between social motives (p = 0.001 and f = 27.619) and Islamic motives (p = 0.001 and f = 11.339). And this difference is significant at the level of p <0.01 and p <0.05. In other words, in the component of intrapersonal motivations, the average of this component in Iranian female athletes (M = 59.77) was higher than female athletes in selected Arab countries (M = 55.53). In the interpersonal motivations component, the average of this component in Iranian female athletes (M = 26.87) was lower than in female athletes in selected Arab countries (M = 28.62). In the component of social motivations, the average of this component in Iranian female athletes (M = 33.08) was lower than female athletes in selected Arab countries (M = 39.64). In the component of Islamic motives, the average of this component in Iranian female athletes (M = 21.55) was higher than female athletes in selected Arab countries (M = 19.04).

Keywords: athletes, motivation, women, Islamic

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2437 Аnalysis of the Perception of Medical Professionalism by Specialists of Family Medicine in Kazakhstan

Authors: Nurgul A. Abenova, Gaukhar S. Dilmagambetova, Lazzat M. Zhamaliyeva

Abstract:

Professionalism is a core competency that all medical students must achieve throughout their studies. Clinical knowledge, good communication skills and an understanding of ethics form the basis of professionalism. Patients, medical societies and accrediting organizations expect future specialists to be professionals in their field, which in turn leads to the best clinical results. Currently, there are no studies devoted to the study of medical professionalism in the Republic of Kazakhstan. As a result, medical education in the Kazakhstani system has a limited perception of the concept of professionalism compared to many Western medical schools. Thus, the primary purpose of this study is to analyze the perception of medical professionalism among residents and teachers of family medicine at the West Kazakhstan Marat Ospanov Medical University. А qualitative research method was used based on the content analysis methodology. A focus group discussion was held with 60 residents and 12 family medicine teachers to gather participants' views and experiences in the field of medical professionalism. The received information was processed using the MAXQDA-2020 software package. Respondents were selected for the study based on their age, gender, and educational level. The results of the conducted survey confirmed the respondents’ acknowledgment of the basic attributes of professionalism, such as medical knowledge and skills (more than 40% of the answers), personal and moral qualities of the doctor (more than 25% of the answers), respect for the interests of the patient (15% of the answers), the relationship between the doctor and the patient and among professionals themselves (15% of responses). Another important discovery of the survey was that residents are five times more likely to define the relationship between a doctor and a patient in a model “respect for the interests of the patient” in comparison with teachers of family medicine, who primarily reported responsibility and collegiality to be the basis for the development of professionalism and traditionally view doctor-patient relationship to be formed on the basis of paternalism defined by a high degree of control over patients. This significant difference demonstrates a rift among specialists in the field of family medicine, which causes a lot of problems. For example, nowadays, professional family doctors regularly face burnout problem due to many reasons and factors that force them to abandon their jobs. In addition to that, elements of professionalism such as reflective skills, time management and feedback collection were presented to the least extent (less than 1%) by both groups, which differs from the perception of the Western medical school and is a significant issue that needs to be solved. The qualitative nature of our study provides a detailed understanding of medical professionalism in the context of the Central Asian healthcare system, revealing many aspects that are inferior to the Western medical school counterparts and provides a solution, which is to teach the attributes and skills required for medical professionalism at all stages of medical education of family doctors.

Keywords: family medicine, family doctors, medical professionalism, medical education

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2436 Attaining Financial Efficiency through Funds Utilization

Authors: Muhammad Shujaat Saleem, Imamuddin

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In reply to the argument made by the non-believers of Makkah “Sale is similar to riba”, Almighty Allah ordered “Sale is permissible while riba is impermissible”. The main intent of the study was to clarify the fallacy prevailing among the Muslims that in practical terms the product of Murabaha which is being offered by the Islamic banks is similar to that of conventional interest based business loan. However, specific objective was to ascertain the degree of financial efficiency on the basis of fund/loan utilization for intended purpose of Murabaha financing vis-à-vis conventional interest based business loan. The study employed survey strategy to collect primary data through structured close ended questionnaires from the sample of 98 Murabaha officers and 178 loan officers out of the whole population of 5 Islamic and 10 conventional banks respectively. Quantitative and qualitative techniques were used to analyze the data and the same is tabulated by use of frequency tables. The study found that the financial efficiency of Murabaha financing is more than that of conventional interest based business loan by 28% as Murabaha funds of Islamic banks are utilized for its intended purpose to the extent of 97% on average, compared to 69% of business loan offered by conventional banks.

Keywords: financial efficiency, murabaha funds, loan amount, intended purpose

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2435 Influential Factors for Consumerism in Womens Western Formal Wear: An Indian Perspective

Authors: Namrata Jain, Vishaka Karnad

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Fashion has always fascinated people through ages. Indian women’s wear in particular women's western formal wear has gone through transformational phases during the past decade. Increasing number of working women, independence in deciding financial matters, media exposure and awareness of current trends has provided a different dimension to the apparel segment. With globalization and sharing of cultures, in India formal women’s wear is no longer restricted to ethnic outfits like a sari or salwarkameez. Strong western influence has been observed in the process of designing, production and use of western formal wear by working women as consumers. The present study focuses on the psychographics parameters, consumer buying preferences and their relation to the present market scenario. Qualitative and quantitative data was gathered through a observation, consumer survey and study of brands. A questionnaire was prepared and uploaded as a google form to gather primary data from hundred consumer respondents. The respondent samples were drawn through snowball and purposive sampling technique. Consumers’ buying behavior is influenced by various aspects like age group, occupation, income and their personal preferences. Frequency of use, criteria for brand selection, styles of formal wear and motivating factors for purchase of western formals by working women were the other influential factors under consideration. It was observed that higher consumption and more popularity was indicated by women in the age group of 21-30 years. Amongst western formal wear shirts and trousers were noted to be the most preferred in Mumbai. It may be noted that consumers purchased and used branded western formal wear for reasons of comfort and value for money. Past experience in using the product and price were some of the important criteria for brand loyalty but the need for variety lured consumers to look for other brands. Fit of the garment was rated as the most important motivational factor while selecting products for purchase. With the advancement of women’s economic status, self-reliance, women role and image in the society, impulsive buying has increased with increase in consumerism. There is an ever growing demand for innovations in cuts, styles, designs, colors and fabrics. The growing fashion consciousness at the work place has turned women’s formal wear segment into a lucrative and highly evolving market thus providing space for new entrepreneurs to become a part of this developing sector.

Keywords: buying behavior, consumerism, fashion, western formal wear

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