Search results for: Islam and treaties
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 652

Search results for: Islam and treaties

472 Examining Efficacy of the Islamic Cooperatives Society as a ShariᶜAh Based Economic Outfit: A Case Study of Kwasu Al-Halal Cooperative Society, Malete, Nigeria

Authors: Abdus-Samiᶜi Imam Arikewuyo

Abstract:

Islam enjoins the spirit of cooperation among fellow mankind. This is particularly entrenched in the brotherhood phenomenon advocated by Islam. With cooperation, a group of people with diverse qualities and opportunities can facilitate a breakthrough in what is seemingly difficult, if not impossible. This understanding underscores the initiative of establishing multi-purpose cooperative societies for thrifts and savings among bonafide members, especially in developing nations. The spirit and objectives of the Multi-Purpose Cooperatives Societies gave birth to the founding of several of these organizations as a plausible economic outfit in Nigeria to provide succor to the socio-economic predicaments of members. Pertinently, many Islamic cooperative societies sprang up, carving a niche for themselves as Shariᶜah-based economic outfits to accommodate the yearnings of the Muslim populace. KWASU Al-Halal Cooperative Society, Malete, Nigeria, is one such organization that is not only Shariᶜah inclined but also institutional-based. This paper, therefore, aims to examine the operations and activities of this society with a view to determining its strength as a Shariᶜah-based economic outfit for the survival of its clients in a competitive multi-religious atmosphere. The study is both historical and descriptive; thus, it employed interview, observation, focus group discussion and hermeneutical methods as pertinent research tools. The research findings indicated that adopting the Shariᶜah prescriptions, KWASU Al-Halal Cooperative Society, as a representation of the Islamic cooperatives society, fulfilled the essence and goal of its establishment, serving as an outlet for meeting the socio-economic demands of its members regardless of religious inclinations. The paper recommended that stronger efforts should be made on proper record keeping, the conscientiousness of beneficiaries on loan refunds or payments on purchases and education of the loanees and guarantors.

Keywords: efficacy, Islamic cooperatives society, Kwasu al-halal cooperative society, shariᶜah

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471 Religion versus Secularism on Women’s Liberation: The Question of Women Liberation and Modern Education

Authors: Kinda AlSamara

Abstract:

The nineteenth century was characterized by major educational reforms in the Arab World. One of the unintended outcomes of colonization in Arab countries was the initiation of women liberation as well as the introduction of modern education and its application in sensitizing people on the rights of women and their liberation. The reforms were often attributed to various undercurrents that took place at different levels within the Ottoman Empire, and particularly the arrival and influence of the Christian missionaries were supported by the American and European governments. These trends were also significantly attributed to the increase in the presence of Europeans in the region, as well as the introduction of secular ideas and approaches related to the meaning of modernity. Using literary analysis as a method, this paper examines the role of an important male figure like the political activist and writer Qāsim Amīn and the religious reformer Muḥammad ʻAbduh in starting this discourse and shows their impact on the emancipation of women movement (Taḥrīr), and how later women led the movement with their published work. This paper explores Arab Salons and the initiation of women’s literary circles. Women from wealthy families in Egypt and Syria who had studied in Europe or interacted with European counterparts began these circles. These salons acted as central locations where people could meet and hold discussions on political, social, and literary trends as they happened each day. The paper concludes with a discussion of current debates between the Islamist and the secularist branches of the movement today. While the Islamists believe that adhering to the core of Islam with some of its contested position on women is a modern ideology of liberation that fits the current culture of modern time Egypt; the secularists argue that the influence that Islam has on the women’s liberation movement in Egypt has been a threat to the natural success and progress of the movement, which was initiated in the early nineteenth century independent of the more recent trends towards religiosity in the country.

Keywords: educational model, crisis of terminologies, Arab awakening, nineteenth century

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470 The Theology of a Muslim Artist: Tawfiq al-Hakim

Authors: Abdul Rahman Chamseddine

Abstract:

Tawfiq al-Hakim remains one of the most prominent playwrights in his native in Egypt, and in the broader Arab world. His works, at the time of their release, drew international attention and acclaim. His first 1933 masterpiece Ahl al-Kahf (The People of the Cave) especially, garnered fame and recognition in both Europe and the Arab world. Borrowing its title from the Qur’anic Sura, al-Hakim’s play relays the untold story of the life of those 'three saints' after they wake up from their prolonged sleep. The playwright’s selection of topics upon which to base his works displays a deep appreciation of Arabic and Islamic heritage. Al-Hakim was clearly influenced by Islam, to such a degree that he wrote the biography of the Prophet Muhammad in 1936 very early in his career. Knowing that Al-Hakim was preceded by many poets and creative writers in writing the Prophet Muhammad’s biography. Notably like Al-Barudi, Ahmad Shawqi, Haykal, Al-‘Aqqad, and Taha Husayn who have had their own ways in expressing their views of the Prophet Muhammad. The attempt to understand the concern of all those renaissance men and others in the person of the Prophet would be indispensable in this study. This project will examine the reasons behind al-Hakim’s choice to draw upon these particular texts, embedded as they are in the context of Arabic and Islamic heritage, and how the use of traditional texts serves his contemporary goals. The project will also analyze the image of Islam in al-Hakim’s imagination. Elsewhere, he envisions letters or conversations between God and himself, which offers a window into understanding the powerful impact of the Divine on Tawfiq al-Hakim, one that informs his literature and merits further scholarly attention. His works occupying a major rank in Arabic literature, does not reveal Al-Hakim solely but the unquestioned assumptions operative in the life of his community, its mental make-up and its attitudes. Furthermore, studying the reception of works that touch on sensitive issues, like writing a letter to God, in Al-Hakim’s historical context would be of a great significance in the process of comprehending the mentality of the Muslim community at that time.

Keywords: Arabic language, Arabic literature, Arabic theology, modern Arabic literature

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469 Understanding the Architecture of Hindu Temples: A Philosophical Interpretation

Authors: A. Bandyopadhyay

Abstract:

Vedic philosophy is one of the oldest existing philosophies of the world. Started around 6500 BC, in Western Indian subcontinent, the Indus valley Civilizations developed a theology which, gradually developed into a well-established philosophy of beliefs, popularly known as ‘Hindu religion’. In Vedic theology, the abstract concept of God was formulated mostly by close observation of the dynamicity and the recurrence of natural and universal phenomena. Through the ages, the philosophy of this theology went through various discursions, debates, and questionings and the abstract concept of God was, in time, formalized into more representational forms by the means of various signs and symbols. Often, these symbols were used in more subtle ways in the construction of “sacred” sculptures and structures. Apparently, two different philosophies were developed from the Vedic philosophy and these two philosophies are mostly seen in the northern part and southern part of the Indian subcontinent. This paper tries to summarize the complex philosophical treaties of Hinduism of northern and southern India and seeks to understand the meanings of the various signs and symbolisms that were incorporated in the architecture of Hindu temples, including the names given to various parts of the temples. The Hindu temples are not only places of worship or ‘houses of Gods’ like the Greek and Roman temples but are also structures that symbolize the dynamicity and also spiritual upliftment of human beings.

Keywords: Hindu, philosophy, temple, Vedic

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468 Absolute Liability in International Human Rights Law

Authors: Gassem Alfaleh

Abstract:

In Strict liability, a person can be held liable for any harm resulting from certain actions or activities without any mistake. The liability is strict because a person can be liable when he or she commits any harm with or without his intention. The duty owed is the duty to avoid causing the plaintiff any harm. However, “strict liability is imposed at the International level by two types of treaties, namely those limited to giving internal effect to treaty provisions and those that impose responsibilities on states. The basic principle of strict liability is that there is a liability on the operator or the state (when the act concerned is attributable to the state) for damage inflicted without there being a need to prove unlawful behavior”. In international human rights law, strict liability can exist when a defendant is in legal jeopardy by virtue of an internationally wrongful act, without any accompanying intent or mental state. When the defendant engages in an abnormally dangerous activity against the environment, he will be held liable for any harm it causes, even if he was not at fault. The paper will focus on these activities under international human rights law. First, the paper will define important terms in the first section of the paper. Second, it will focus on state and non-state actors in terms of strict liability. Then, the paper will cover three major areas in which states should be liable for hazardous activities: (1) nuclear energy, (2) maritime pollution, (3) Space Law, and (4) other hazardous activities which damage the environment.

Keywords: human rights, law, legal, absolute

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467 A Qualitative Exploration into Australian Muslims Emerging into Adulthood

Authors: Nuray Okcum, Jenny Sharples

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While the scrutinization towards marginalized groups throughout the globe has been existent for decades, prejudice towards Muslims in Western countries has been increasing dramatically. The vicious attacks across the globe by perpetrators who identify with Islam as well as popular political discourse by politicians in Western countries claiming and portraying Muslims as being dangerous, oppressed, or lacking the ability to assimilate into the community, adds to the exclusion and lack of belonging Muslims living in Western countries experience. The early stages of adulthood which have recently been conceptualized as emerging adulthood is a critical and socially ambiguous transition. For a young Muslim emerging into adulthood in a Western country, a variety of different challenges and demands that can exceed their coping abilities can arise. While in search for their identity and in a bid to structure themselves with their past childhood experiences together with their newly forming values, the emerging adult may attempt to direct or change the way in which they are viewed by others. This can be done to gain approval from others and to feel a sense of belonging. A change in the emerging adult’s interpersonal interactions and relationships, the way in which they view themselves and others, their sense of belonging, and their identity, also occurs during this developmental stage. To explore the manner in which Muslims emerging into adulthood carve their identity, their experiences, and representation of their Muslim identity, social identification, and their sense of belonging in Australia, an interpretative phenomenological methodology was utilized. This allowed participants to offer their own subjective experiences. A total of eight emerging adults took part in the study whilst four adults who work with emerging adults took part. Adult participants who work with emerging adults took part in the study to bring forth their insight and experiences. Common experiences were organized into themes. Themes included identifying as a Muslim, social identification, and belonging. Identification included visual identification and name, discrimination and resilience. Findings clearly indicated that Muslims emerging into adulthood in Australia do face various hurdles while they try to retain and represent their religious identity. Despite the unique challenges that they face, they still feel a sense of belonging and identity as being Australian.

Keywords: Muslim, Islam, emerging adulthood, Australia

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466 Effectiveness of Qanun Number 14 of 2013 on Khalwat, Nasty in the Enforcement of Islamic Shari'a in Banda Aceh, Aceh Province

Authors: Muhadam Labolo, Mughny Ibtisyam Mukhlis, Zulkarnaen, Safira Maulida Rahman Soulisa

Abstract:

This research is motivated by one of the functions of government is a regulatory function. Aceh Province, especially in Banda Aceh City has special autonomy, one of them is in the application of Islamic law, but when the law implemented to the citizen, there are many problems happens. One of the problems faced by the Government and people of Banda Aceh was Seclusion. Seclusion/nasty silent act between two people mukallafor more of the opposite sex who is not mahram or without marriage. This study aims to determine and analyze how the effectiveness of the policy as well as enabling and inhibiting factors of Qanun Number 14 of 2003 On Khalwat (nasty) in sharia Islam Islamic law in the city of Banda Aceh. This type of research is qualitative research method is a descriptive and inductive approach. The source of data used is People, Problem, Phenomenon, and programs, while the data collection through field studies and literature such as interviews, observation, and documentation. The results of this study were analyzed by using data reduction, display data, conclusions, and verification. The results showed that the Qanun Number 14 of 2003 on Khalwat (nasty) in the establishment of Islamic law in Banda Aceh is still not effective. It is seen from the high number of violations seclusion committed by Banda Aceh citizen, especially among teenagers, lack of socialization, as well as a lack of budgetary support for the implementation of Islamic Law in Banda Aceh. The supporting factors are 1) Coordination and communication among agencies had been walking steadily. 2) Facilities and infrastructure Syar'iah Court of Banda Aceh and the Office of Sharia Islam Banda Aceh that very good. 3) The Cultural majority of the people of Banda Aceh that support. Inhibiting factors: 1) There are no written duties of each institution for the prosecution case Seclusion. 2) The lack of socialization programs. 3) Lack of facilities and infrastructure Municipal Police Unit and the WH less. 4) Lack of control by the family. 5) The absence of training for officials Municipal Police Units and the Wilayatul Hisbah Banda Aceh.

Keywords: effectiveness, Islamic Sharia, Khalwat, Qanun

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465 Back to Basics: Where is Allah? A Survey of Generation Z Youth at the Canadian University of Dubai

Authors: Said Baadel

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The belief of a heavenly God is enshrined to all Abrahamic religions which form the three major religions of the world today. Muslims believe in Allah who is above the seven heavens. The youth in the United Arab Emirates (UAE) study Islamic courses as part of their high school curriculum and are required to take at least one Islamic course at the university level to gain credit hours towards their general education (GENED). This paper provides an insight of what the youth studying in the UAE think of where Allah was. Our analysis reveals that a big number of Muslim youth were not sure, especially those from the Middle Eastern and Arab countries bringing to the conclusion that this subject needs to be revisited again in the course work.

Keywords: Allah, Islam, Tawheed, religion

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464 Delusive versus Genuine Needs: Examining Human Needs within the Islamic Framework of Orbit of Needs

Authors: Abdolmoghset Banikamal

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This study looks at the issue of human needs from Islamic perspectives. The key objective of the study is to contribute in regulating the persuasion of needs. It argues that all needs are not necessarily genuine, rather a significant part of them are delusive. To distinguish genuine needs from delusive ones, the study suggests looking at the purpose of the persuasion of that particular need as a key criterion. In doing so, the paper comes with a model namely Orbit of Needs. The orbit has four circles. The central one is a necessity, followed by comfort, beautification, and exhibition. According to the model, all those needs that fall into one of the first three circles in terms of purpose are genuine, while any need which falls into the fourth circle is delusive.

Keywords: desire, human need, Islam, orbit of needs

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463 Imami Shia and Democracy

Authors: Hamid Reza Shariatmadari

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The Muslims who believe in twelve Imams and believe that their twelfth Imam is now hidden, because of their kind of consideration of immune Imam as their unique canonical authority for interpretation of Islam, are subject of these important questions; how can you be democratic? And can you speak of democracy as the best model of governing? Answering this question, we can talk firstly about the nature of democracy and realize it as a way and mechanism not as a philosophy of identity and secondly we can refer to the nature and functions of Imam in Shiism and thirdly we will focus on the age of Ghaybah (Or concealment of Imam). In such a time we can or have to combine domination of Islamic Faqis (Islamic Jurists) and democracy which is known in Shiite Iran for instance as religious democracy.

Keywords: Shiism, concealment of Imam, Islamic Jurists, Democracy

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462 Materiality of Gender Roles in Gede City State

Authors: David Maina Muthegethi

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For decades, archaeological work of Swahili Civilization has mainly concentrated on exploration of economic and political dynamics of City states. This paper moves further and explore how gender roles were formed, maintained, negotiated and re-negotiated through time and space in Gede City. Unlike other Swahili city states, Gede was located around two miles away from the shores of Indian Ocean. Nonetheless, the city was characterized by security walls, stone houses, mosques and tombs typical of Swahili City states such as Kilwa. The study employed several methods of data collection namely: archival research, survey, re-examination of collected materials and excavation of Gede archaeological site. Since, the study aimed to examine gender roles across different social class, a total of three houses were excavated based on their social hierarchy. Thus, the houses were roughly categorized as belonging to elites, middle class and lower class. The house were located in the inner wall, second inner wall and the outer wall of Gede City respectively. Key findings shows that gender roles differed considerably along classes in Gede archaeological site. For instance, the women of the elite and middle class were active participants in Gede international trade through production and consumption of imported goods. This participation corresponded with commercialization of Gede households especially in elite’ areas where they hosted international traders. On the other hand, the middle class houses, women concentrated on running of light industries aimed at supplying goods for the urban community. Thus, they were able to afford exotic goods as their elites counterparts. Lastly, the gender roles of lower class entailed subsistence gender roles with little participation in Gede formal commerce. Interestingly, gender roles in Gede were dynamic in nature and response to cultural diffusion, spread of Islam, intensification of trade, diversification of subsistence patterns and urbanization. Therefore, this findings, demonstrate centrality of gender in reconstruction of social lives of Swahili Civilization.

Keywords: gender roles, Islam, Swahili civilization, urbanization

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461 Market Access for Foreign Investment in Host States: Municipal Law and International Law

Authors: Qiang Ren

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A growing number of states are improving domestic law to better protect and promote foreign investment by changing/upgrading the existing law. However, inconsistency occurs because the new law is different from the ‘old’ law. For example, China has issued an unprecedented Foreign Investment Law and several regulations allowing comprehensive market access for foreign investment in most energy sectors since 2020. However, some laws, rules, regulations, etc. enacted previously remain valid, and the provisions regulating foreign investment do not grant full market access to foreign investment as such. The inconsistency above makes it necessary to investigatehow the international investment treaty law and dispute settlement practice respond to the ‘inconsistency and conflict’ in municipal law andwhat remedy foreign investors can seek under international law if the investment is denied due to inconsistency. Ultimately, it aims to examine how international tribunals should balance the gradually developing legal system of host states and the protection of foreign investors and investments if the host states cannot provide consistency during such a transition period of law development. The research seeks to answer these questions by making a comparative analysis of domestic law on market access to foreign investment, international investment treaties, and dispute arbitral practice. The objective is to examine how international investment treaty law and international investment dispute settlement practice evaluate the conflicts in the municipal law of host states in the admission of foreign investment. It also explores the possibility of harmonisation among them.

Keywords: municipal law, protect and promote foreign investment, international law, host states

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460 Women's Religiosity as a Factor in the Persistence of Religious Traditions: Kazakhstan, the XX Century

Authors: G. Nadirova, B. Aktaulova

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The main question of the research is- how did the Kazakhs manage to keep their religious thinking in the period of active propaganda of Soviet atheism, for seventy years of struggle against religion with the involvement of the scientific worldview as the primary means of proving the absence of the divine nature and materiality of the world? Our hypothesis is that In case of Kazakhstan the conservative female religious consciousness seems to have been a factor that helped to preserve the “everyday” religiousness of Kazakhs, which was far from deep theological contents of Islam, but able to revive in a short time after the decennia of proclaimed atheism.

Keywords: woman, religious thinking, Kazakhstan, soviet ideology, rituals, family

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459 Penalization of Transnational Crimes in the Domestic Legal Order: The Case of Poland

Authors: Magda Olesiuk-Okomska

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The degree of international interdependence has grown significantly. Poland is a party to nearly 1000 binding multilateral treaties, including international legal instruments devoted to criminal matters and obliging the state to penalize certain crimes. The paper presents results of a theoretical research conducted as a part of doctoral research. The main hypothesis assumed that there was a separate category of crimes to penalization of which Poland was obliged under international legal instruments; that a catalogue of such crimes and a catalogue of international legal instruments providing for Poland’s international obligations had never been compiled in the domestic doctrine, thus there was no mechanism for monitoring implementation of such obligations. In the course of the research, a definition of transnational crimes was discussed and confronted with notions of international crimes, treaty crimes, as well as cross-border crimes. A list of transnational crimes penalized in the Polish Penal Code as well as in non-code criminal law regulations was compiled; international legal instruments, obliging Poland to criminalize and penalize specific conduct, were enumerated and catalogued. It enabled the determination whether Poland’s international obligations were implemented in domestic legislation, as well as the formulation of de lege lata and de lege ferenda postulates. Implemented research methods included inter alia a dogmatic and legal method, an analytical method and desk research.

Keywords: international criminal law, transnational crimes, transnational criminal law, treaty crimes

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458 Flexural Properties of Halloysite Nanotubes-Polyester Nanocomposites Exposed to Aggressive Environment

Authors: Mohd Shahneel Saharudin, Jiacheng Wei, Islam Shyha, Fawad Inam

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This study aimed to investigate the effect of aggressive environment on the flexural properties of halloysite nanotubes-polyester nanocomposites. Results showed that the addition of halloysite nanotubes into polyester matrix was found to improve flexural properties of the nanocomposites in dry condition and after water-methanol exposure. Significant increase in surface roughness was also observed and measured by Alicona Infinite Focus optical microscope.

Keywords: halloysite nanotube, composites, flexural properties, surface roughness

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457 Sri Lankan Contribution to Peace and Security in the World: Legal Perspective

Authors: Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella

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Suppressing terrorism and ensuring peace and security of the people is one of the topics which have gained serious attention of the world community. Commissions of terrorist activities, locally and internationally lead to an uncertainty of peace and security, violations of human rights of the people. Thereby it demands stringent security laws and strong criminal justice systems, both at domestic and international levels. This paper intends to evaluate security laws in Sri Lanka through the criminal justice perspective, including their efficacy in relation to combat terrorism. The paper further intends to discuss the importance of such laws in upholding the peace and security at both local and universal levels. The paper argues that the term ‘efficacy’ does not stand for, sending people to jail at large-scale, but the ability to combat terrorism crime without violating the rights of the innocent people. The qualitative research method is followed to conduct this research which contains an extensive examination of security laws available as counter-terrorism laws in Sri Lanka with the relevant international standards adopted by the UN treaties. Primary sources which are relevant to the research, including judicial pronouncements are also discussed in this regard. Secondary sources such as reports, research articles and textbooks on this topic and information available on the internet are also reviewed in this analysis.

Keywords: terrorism, security laws, criminal justice system, Sri Lanka, international treaty law

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456 Prospects and Problems of Islamic Banking: A Case Study of Aurangabad District

Authors: Shabina Khan, Rukhsana Tabassum Syeda

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Islamic banking is a finance system based on the principles of Shariah law. Charging interest is prohibited in Islam. Instead of charging interest the lender shares some part of profit or loss with the borrower, there is a great need for Islamic banking after the collapse of leading Wall Street institutions notably Lehman Brothers and other global finance institution, economic recession, Islamic banking have emerged as an alternative to conventional banking. Islamic banking is growing at the rate of more than 15% not only in Muslim countries, but also in secular and modern industrialized countries like U.K. Japan, France, Singapore, Hongkong. India with a total population of about 184 million about $ 1.5% Muslim deposit interest is lying unclaimed in different Indian banks, as there are no banks based on shariah laws approved by the RBI. When we take the example of Kerala state in India, almost 26.2% population is Muslim. Thus thousands of crore of rupees earned in interest is suspended accounts. In Kerala alone Rs. 40,000 crore and in Jammu and Kashmir Rs. 50,000 crore as interest earned on deposit of Muslim are lying unclaimed. By 2050, Indian Muslim population would be the largest in the world. It will surpass Indonesia. The Muslim population is likely to exceed 18% i.e. 310 mn. Muslim population will increase four percentage points from 14% to 18%. This paper studies the problems and prospects of Islamic banking in India. India has 29 states and Maharashtra is one of them. In the Maharashtra state is Aurangabad district. According to census 2011, Aurangabad city population is 51.07% is Hindu .Muslim is the second most popular religion with approximately 30.79. There are branches of Islamic banking run by Anjuman e Islam in many parts of India by the name of Al- Khair Baitul Mal which is a nongovernment organization. Its branch is in Aurangabad. The main objectives of this study are: 1. To find the scope of Islamic banking. 2. To study and analyze the prospects and problems of such organizations in Aurangabad district. 3. To create awareness about Islamic banking. 4. To study the functions of the organizations based on Islamic banking rules. 5. To encourage non-Muslims to invest in Islamic banking. The methodology used will be primary as well as secondary data. This is helping the weaker section of the society to obtain sources for trade and business. This paper finds that there is sufficient scope of Islamic banking in the region.

Keywords: Aurangabad, conventional banking, Islamic banking, Riba (interest)

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455 The Map of Cassini: An Accurate View of Current Border Between Spain and France

Authors: Barbara Polo Martin

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During the 18th century, the border between Spain and France underwent various changes, primarily due to territorial agreements, wars, and treaties between the two nations and other European powers. For studying these changes, the Cassini maps remain valuable historical documents, offering a glimpse into the landscape and geography of 18th-century France and its neighboring regions, including the border between Spain and France. However, it's essential to recognize that these maps may not reflect modern political boundaries or territorial changes that have occurred since their creation. The project was initiated by King Louis XV in 1744 and continued by his successor, Louis XVI. The primary objective was to produce accurate maps of France, which would serve various purposes, including military, administrative, and scientific. The Cassini maps were groundbreaking for their time, as they were among the earliest attempts to create topographic maps on a national scale. They covered the entirety of France and were based on meticulous surveying and cartographic techniques. The maps featured precise geographic details, including elevation contours, rivers, roads, forests, and settlements. This study aims to analyze this rich and unknown cartography of France, study the rich place names it offers, as well as the accuracy of delimitations created over time between both empires in a historical way but also through a Geographical Information System. This study will offer a deeper knowledge about the cartography that supposes the beginning of topography in Europe.

Keywords: cartography, engineering, borders, Spain, France, Cassini

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454 Arbitration in Foreign Investment: The Need for Equitable Treatment between the Investor and the Host State

Authors: Maria João Mimoso, Bárbara Magalhães Bravo

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This study aims to analyse the phenomenon of arbitration as a paradigm in solving emerging controversies of foreign investment. We will present their benefits and demonstrate their contribution to greater legal certainty in economic relations. This article explores the legal relevant concepts under a strictly conceptual methodology, preparing future research to be developed under more developed comparative law methodologies. The review of national and international literature and jurisprudence will reveal the importance of arbitration in the field of international economic relations, presenting it as an alternative dispute resolution. Globalization imposes new forms of investment protection and appeals to other forms of dispute settlement, primarily to prevent, among other problems, the possible bias of the recipient country's investment tribunals. Characterization of foreign investment, its regulatory sources, their characteristics and the need for intervention of an entity capable of resolving disputes between the parties involved: State investor reception; Investor (of a nationality other than the latter); State of the investor's nationality, and sometimes a ‘subsidiary’ local foreign investor. The ICSID (International Settlement of Investment Disputes) arbitration as a means of resolving investment litigations covered by bilateral treaties (BIT) and investment contracts calls for a delimitation of these two figures in order to clarify the scope of the arbitration under the aegis of the World Bank and to make it more secure in the view of the sovereign power of the States.

Keywords: arbitration, contract, foreign, investment, disputes

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453 Annexation (Al-Iḍāfah) in Thariq bin Ziyad’s Speech

Authors: Annisa D. Febryandini

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Annexation is a typical construction that commonly used in Arabic language. The use of the construction appears in Arabic speech such as the speech of Thariq bin Ziyad. The speech as one of the most famous speeches in the history of Islam uses many annexations. This qualitative research paper uses the secondary data by library method. Based on the data, this paper concludes that the speech has two basic structures with some variations and has some grammatical relationship. Different from the other researches that identify the speech in sociology field, the speech in this paper will be analyzed in linguistic field to take a look at the structure of its annexation as well as the grammatical relationship.

Keywords: annexation, Thariq bin Ziyad, grammatical relationship, Arabic syntax

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452 Fusion of MOLA-based DEMs and HiRISE Images for Large-Scale Mars Mapping

Authors: Ahmed F. Elaksher, Islam Omar

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In this project, we used MOLA-based DEMs to orthorectify HiRISE optical images. The MOLA data was interpolated using the kriging interpolation technique. Corresponding tie points were then digitized from both datasets. These points were employed in co-registering both datasets using GIS analysis tools. Different transformation models, including the affine and projective transformation models, were used with different sets and distributions of tie points. Additionally, we evaluated the use of the MOLA elevations in co-registering the MOLA and HiRISE datasets. The planimetric RMSEs achieved for each model are reported. Results suggested the use of 3D-2D transformation models.

Keywords: photogrammetry, Mars, MOLA, HiRISE

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451 Determination of Carbofuran Residue in Brinjal (Solanum melongena L.) and Soil of Brinjal Field

Authors: R. Islam, M. A. Haque, K. H. Kabir

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A supervised trail was set with brinjal at research field, Entomology Division, Bangladesh Agricultural Research Institute, Joydebpur, Gazipur to determine the residue of Carbofuran in soil and fruit samples at different days after application (DAA) of Furadan 5 G @ 2 kg AI/ ha. Field collected samples were analyzed by GCMS-EI. Results of the experiment indicated the presence of Carbofuran residue up to 60 DAA in soil samples and 25 DAA in brinjal fruit samples. In case of soil samples, the detected residues were 7.04, 2.78, 0.79, 0.43, 0.12, 0.06 and 0.05 ppm at 0, 2, 5, 10, 20, 30 and 60 DAA respectively. On the other hand, in brinjal fruit samples Carbofuran residues were 0.005 ppm, 0.095 ppm, 0.084 ppm, 0.065 ppm, 0.063 ppm, 0.056 ppm, 0.050 ppm, 0.030 ppm and 0.016 ppm at 0, 2, 4, 6, 8, 10, 12, 15 and 25-DAA, respectively. None of this amount was above the recommended MRL (0.1 mg / kg crop) of Carborufan for agricultural crops.

Keywords: brinjal, carbofuran, MRL, residue

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450 Coastal Adaptation to Climate Change: A Review of EU Tools, Legislation, National Strategies and Projects in the Mediterranean Basin

Authors: Dimitris Kokkinos, Panagiotis Prinos

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In the last three decades, climate change has been studied extensively from scientific community, and its consequences are more than clear all around the world. Most countries have carried out a great effort to reduce global warming rates with the ratification and implementation of several international treaties. Moreover, many of them have already adopted national plans in order to adapt to climate change effects and mitigate human and economic losses. Coastal environments, with their inherent physical sensitivity, will face important challenges as a result of projected changes in climate conditions and hundreds of millions of people will be affected. Coastal zones are of high social and economic value and this research focuses on the Mediterranean basin, which is a densely populated and highly urbanized area. With 40% of its land used for human activity and the inevitability of the impacts of the climate change, it is obvious that some form of adaptation measures will be necessary. In this regard, the EU tools, policies and legislation concerning adaptation to climate change are presented. Additionally, the National Adaptation Strategies of State members of the Mediterranean basin are compared and analyzed concerning the coastal areas, along with an overview of projects and programs results focused on coastal issues at different spatial scales. The purpose of this research is to stress the differences between Mediterranean State members at methodologies implemented, to highlight the possible gaps in co-ordination and to emphasize on research initiatives that EU can build upon moving towards an integrated adaptation planning on a region-wide basis.

Keywords: coastal adaptation, Mediterranean Basin, climate change, coastal environments

Procedia PDF Downloads 295
449 The Analysis of the Influence of Islamic Religiosity on Tax Morale among Self-Employed Taxpayers in Indonesia

Authors: Nurul Hidayat

Abstract:

Based on the data from the Indonesian Tax Authority, the contribution of self-employed taxpayers in Indonesia is just approximately 1-2 percent of total tax revenues during 2013 - 2015. This phenomenon requires greater attention to understand what factors that may affect it. The fact that Indonesia has the most prominent Muslim population in the world makes it important to analyze whether there potentially exists a correlation between Islamic religiosity and low tax contribution. The low level of tax contribution may provide an initial indication of low tax morale and tax compliance. This study will extend the existing literature by investigating the influence of Islamic religiosity as a moderating effect on the relationship between the perceptions of government legitimacy and tax morale among self-employed taxpayers. There are some factors to consider when taking into account the issue of Islamic religiosity and its relationship with tax morale in this study. Firstly, in Islam, there is a debate surrounding the lawfulness of tax. Some argue that Muslims should not have to pay tax; while others argue that the imposition of the tax is legitimate in circumstances. These views may have an impact on government legitimacy and tax morale. Secondly, according to Islamic sharia, Islam recognizes another compulsory payment, i.e. zakat, which to some extent has similar characteristics to tax. According to Indonesian Income Tax Law, zakat payment has just been accommodated as a deduction from taxable income. As a comparison, Malaysia treats zakat as a tax rebate. The treatment of zakat only as a taxable income deduction may also lead to a conflicting issue regarding the perception of tax fairness that possibly erode the perception of government legitimacy and tax morale. Based on the considerations above, perceptions of government legitimacy become important to influence the willingness of people to pay tax while the level of Islamic religiosity has a potential moderator effect on that correlation. In terms of measuring the relationship among the variables, this study utilizes mixed-quantitative and qualitative methods. The quantitative methods use surveys to approximately 400 targeted taxpayers while the qualitative methods employ in-depth interviews with 12 people, consist of experts, Islamic leaders and selected taxpayers. In particular, the research is being conducted in Indonesia, the country with the largest Muslim population in the world which has not fully implemented Islamic law as state law. The result indicates that Islamic religiosity becomes a moderating effect on the way taxpayers perceived government legitimacy that finally influences on tax morale. The findings of this study are supportive for the improvement of tax regulations by specifically considering tax deductions for zakat.

Keywords: Islamic religiosity, tax morale, government legitimacy, zakat

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448 On the Principles of Self-determination, Remedial Secession, and Responsibility to Protect: The Case of Nagorno Karabakh

Authors: Sara Melkonyan

Abstract:

Over the past decades, the political (and partly legal) doctrine of remedial secession has emerged on the basis of the development of internationally recognized human rights and rights of peoples stemming from various multilateral treaties, which stipulates that aggrieved and persecuted nations have the right to secede from the parent state as a remedy for their continuous and unstoppable grievances. The 44-day war in Nagorno-Karabakh and the following events posed severe challenges for Nagorno-Karabakh and its people. Constant aggression and threat, the humanitarian crisis caused by the closure of the Lachin Corridor, the persistent threat of ethnic cleansing of Artsakhi Armenians, and the state policy that has been executed towards Artsakhi people by the Azerbaijani authorities come to prove that the Artsakhi people cannot survive under Azerbaijani control and secession may be the last resort for ending oppression. The paper tries to make parallels with similar cases and discuss the doctrine of remedial secession applied selectively among different cases. This paper aims to figure out why in some cases the secessionist movements succeeded to gain independence based on the doctrine of remedial secession, in other cases, they refused to gain recognition from the international community. Through analyzing the domestic-level and then international-level factors, the study concluded that the doctrine of remedial secession is inherently in the political realm and almost impossible to draw substantial “recipes” for warranting secession, and the latter is not applied similarly among the cases, so its success mainly depends on the geopolitical interests of the great powers involved.

Keywords: R2P, remedial secession, self-determination, conflicts

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447 The Role of Development in Settling Migration Crisis: The Preventive Approach of the European Union in Relations with Sub-Saharan African States

Authors: Artsiom Zinchanka

Abstract:

The world faces now one of the largest migration crisis and the European Union meets challenges in accepting the flow of migrants that could not be handled finally at this step. This crisis is complicated with many factors, such as military conflict in the Middle East; absence of the appropriate conditions in the refugees’ camps; but also with the complicity of the migration flow consisting of the Sub-Saharan migrants. This type of migrants leave their homelands for many reasons including poverty, not appropriate level of social and economic conditions, absence of infrastructure and access to the education and medical care. In practice, when the restrictive approach directed to limit the flow of illicit migration and to send illicit migrants back to their homelands is not always working, the approach directed to the root causes of the migration crisis can be more effective in settling the crisis. The Cotonou Agreement and the following treaties concluded between the European Union, and Sub-Saharan states show that the European Union considers the development of human rights and appropriate social and economic conditions in the Sub-Saharan states as one of the most important factors addressing the migration crisis. The preventive approach as the efforts of the European Union to develop appropriate social and economic conditions in Sub-Saharan states is considered in this article, as well as its evolution and current condition. This article also considers pros and cons of this approach and the obstacles that this approach faces. The research methods include review of literature and documents, analytical and descriptive methods.

Keywords: migration crisis, preventive approach, Sub-Saharan States, the European Union

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446 Muslim Women Converts through the ideological Eyes of Algerian Newspapers Discourse

Authors: Zerrifi Meryem

Abstract:

Discourse on Muslim women has been criticized in scientific research as being racist, sexist, and ideological. Convert women who come from various backgrounds are cases that form a rich area of investigation that have been covered from a narrative perspective in which experiences of convert women are represented through stories telling journey to conversion to Islam. They have not been problematized in relation to the Algerian media discourse; yet, their omnipresence cannot be denied as a Muslim community. This research aims at demonstrating ideologies that are perpetuated along newspapers’ discourse. The present study investigates the discursive portrayal of female Muslim converts in this type of discourse.

Keywords: media discourse, muslim women converts, algerian newspapers, ideologies

Procedia PDF Downloads 74
445 Mirror of Princes as a Literary Genre in Classic Arabic Literature

Authors: Samir Kittaniy

Abstract:

The “Mirrors of Princes” is considered one of the most important literary types in Arabic and Islamic heritage. The term can be found in various types of “Adab”. The paper deals with the phrase: “Mirrors of princes” itself, showing its nature and the extent of its spread among researchers. Thus, the article relates to one of the main cultural pillars of the literary heritage. Creative individuals within the framework of this type of “Adab” have viewed the rulers as the ultimate goal they try to reach in their classification efforts, with the aim of educating, entertaining and amusing. Most literary classifications were submitted as a gift to the rulers, in an attempt to get closer to them. Pragmatic moral and political advices were among the most prominent issues to gain the approval of rulers.

Keywords: Islam, Arabic, literature, Middle East, mirrors of princes

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444 The Problem of Suffering: Job, The Servant and Prophet of God

Authors: Barbara Pemberton

Abstract:

Now that people of all faiths are experiencing suffering due to many global issues, shared narratives may provide common ground in which true understanding of each other may take root. This paper will consider the all too common problem of suffering and address how adherents of the three great monotheistic religions seek understanding and the appropriate believer’s response from the same story found within their respective sacred texts. Most scholars from each of these three traditions—Judaism, Christianity, and Islam— consider the writings of the Tanakh/Old Testament to at least contain divine revelation. While they may not agree on the extent of the revelation or the method of its delivery, they do share stories as well as a common desire to glean God’s message for God’s people from the pages of the text. One such shared story is that of Job, the servant of Yahweh--called Ayyub, the prophet of Allah, in the Qur’an. Job is described as a pious, righteous man who loses everything—family, possessions, and health—when his faith is tested. Three friends come to console him. Through it, all Job remains faithful to his God who rewards him by restoring all that was lost. All three hermeneutic communities consider Job to be an archetype of human response to suffering, regarding Job’s response to his situation as exemplary. The story of Job addresses more than the distribution of the evil problem. At stake in the story is Job’s very relationship to his God. Some exegetes believe that Job was adapted into the Jewish milieu by a gifted redactor who used the original ancient tale as the “frame” for the biblical account (chapters 1, 2, and 4:7-17) and then enlarged the story with the complex center section of poetic dialogues creating a complex work with numerous possible interpretations. Within the poetic center, Job goes so far as to question God, a response to which Jews relate, finding strength in dialogue—even in wrestling with God. Muslims only embrace the Job of the biblical narrative frame, as further identified through the Qur’an and the prophetic traditions, considering the center section an errant human addition not representative of a true prophet of Islam. The Qur’anic injunction against questioning God also renders the center theologically suspect. Christians also draw various responses from the story of Job. While many believers may agree with the Islamic perspective of God’s ultimate sovereignty, others would join their Jewish neighbors in questioning God, not anticipating answers but rather an awareness of his presence—peace and hope becoming a reality experienced through the indwelling presence of God’s Holy Spirit. Related questions are as endless as the possible responses. This paper will consider a few of the many Jewish, Christian, and Islamic insights from the ancient story, in hopes adherents within each tradition will use it to better understand the other faiths’ approach to suffering.

Keywords: suffering, Job, Qur'an, tanakh

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443 The Influence of Wealth on the Enjoyment of Role and Status of the Rural Elderly in Bangladesh

Authors: Aminul Islam

Abstract:

The issue of aging is now an emerging aspect of all over the world. Both the rural and urban societies of our country are not immune from this problem. This study mainly explored the influence of wealth on the enjoyment of role and status of the elderly in rural Bangladesh. It is based on empirical findings from the four villages of Gopalnagar union of Dhunat upazila of Bogra district. The study depicted that wealth has much influence regarding the enjoyment of role and status. Mixed approach has been given priority in this study. Survey, observation, case study and life history methods and focus group discussion technique have also been used in this study. Data have been collected from both primary and secondary sources. Simple random sampling procedure has also been followed in this study.

Keywords: wealth, role status, elderly

Procedia PDF Downloads 408