Search results for: Islamic justice
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 171

Search results for: Islamic justice

81 A Multi-Agent Smart E-Market Design at Work for Shariah Compliant Islamic Banking

Authors: Wafa Ghonaim

Abstract:

Though quite fast on growth, Islamic financing at large, and its diverse instruments, is a controversial matter among scholars. This is evident from the ongoing debates on its Shariah compliance. Arguments, however, are inciting doubts and concerns among clients about its credibility, which is harming this lucrative sector. The work here investigates, particularly, some issues related to the Tawarruq instrument. The work examines the issues of linking Murabaha and Wakala contracts, the reselling of commodities to same traders, and the transfer of ownerships. The work affirms that a multi-agent smart electronic market design would facilitate Shariah compliance. The smart market exploits the rational decision-making capabilities of autonomous proxy agents that enable the clients, traders, brokers, and the bank buy and sell commodities, and manage transactions and cash flow. The smart electronic market design delivers desirable qualities that terminate the need for Wakala contracts and the reselling of commodities to the same traders. It also resolves the ownership transfer issues by allowing stakeholders to trade independently. The bank administers the smart electronic market and assures reliability of trades, transactions and cash flow. A multi-agent simulation is presented to validate the concept and processes. We anticipate that the multi-agent smart electronic market design would deliver Shariah compliance of personal financing to the aspiration of scholars, banks, traders and potential clients.

Keywords: Islamic finance, Shariah compliance, smart electronic markets design, multi-agent systems.

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80 Sustainable Urban Transport Management and Its Strategies

Authors: Touba Amirazodi

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Rapid process of urbanism development has increased the demand for some infrastructures such as supplying potable water, electricity network and transportation facilities and etc. Nonefficiency of the existing system with parallel managements of urban traffic management has increased the gap between supply and demand of traffic facilities. A sustainable transport system requires some activities more important than air pollution control, traffic or fuel consumption reduction and the studies show that there is no unique solution for solving complicated transportation problems and solving such a problem needs a comprehensive, dynamic and reliable mechanism. Sustainable transport management considers the effects of transportation development on economic efficiency, environmental issues, resources consumption, land use and social justice and helps reduction of environmental effects, increase of transportation system efficiency as well as improvement of social life and aims to enhance efficiency, goods transportation, provide services with minimum access problems that cannot be realized without reorganization of strategies, policies and plans.

Keywords: Sustainable Urban Transport, Environment, Social Justice, Air Pollution

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79 The Investigation on the Relationship between Religion and Development: By Focusing on Islam

Authors: Dalal Benboutrif

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Religion and Development relation is one of the most arguable phrases amongst politicians, philosophers, clerics, scientists, sociologists and even the public. The main objective of this research is to clarify the relations, contrasts and interactions between religion and the major types of development including social, political, economic and scientific developments, by focusing on Islam religion. A review of the literature was performed concerning religion and development relations and conflicts, by focusing on Islam religion and then the unprocessed tips of the review were characterized. Regarding clarification of the key points of the literature, three main sectors were considered in the research. The first sector of the research mainly focused on the philosophical views on religion, which were analyzed by main evaluation of three famous philosophers’ ideas: ‘Kant’, ‘Hegel’ and ‘Weber’, and then a critical discussion on Weber’s idea about Islam and development was applied. The second sector was specified to ‘Religion and Development’ and mainly discussed the role of religion in development through poverty reduction, the interconnection of religion, spirituality and social development, religious education effects on social development, and the relation of religion with political development. The third sector was specified to ‘Islam and Development’ and mainly discussed the Islamic golden age of science, major reasons of today’s backwardness (non-development) of most Islamic countries, and Quranic instructions regarding adaptability of Islam with development. The findings of the current research approved the research hypothesis as: ‘Religious instructions (included Islam) are not in conflict with development’, rather, it could have positive effects mainly on social development and it can pave the way for society to develop. Turkey was considered as a study model, as a successful developed Islamic country demonstrating the non-conflicting relation of Islam and development.

Keywords: Development, Islam, philosophy, religion.

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78 A National Idea in Conditions of the Islamic Revival

Authors: G. E. Nadirova, Sh. S. Kaliyeva, A. A. Mustafaeva, B. Zh. Aktaulova

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Discussion and development of principles of the uniform nation formation within the limits of the Kazakhstan state obviously became one of the most pressing questions of the day. The fact that this question has not been solved "from above" as many other questions has caused really brisk discussion, shows us increase of civil consciousness in Kazakhstan society, and also the actuality of this theme which can be carried in the category of fatal questions. In any sense, nation building has raised civil society to a much higher level. It would be better to begin with certain definitions. First is the word "nation". The second is the "state". Both of these terms are very closely connected with each other, so that in English language they are in general synonyms. In Russian more shades of these terms exist. For example in Kazakhstan the citizens of the country irrespective of nationality (but mainly with reference to non-kazakhs) are called «kazakhstanians», while the name of the title nation is \"Kazakhs\". The same we can see in Russia, where, for example, the Chechen or the Yakut –are \"Rossiyane\" which means “the citizens of Russian Federation, but not \"Russians\". The paper was written under the research project “Islam in modern Kazakhstan: the nature and outcome of the religious revival”.

Keywords: Islamic revival, Kazakhs, Kazakhstan, Nation, National idea.

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77 Khilafat from Khilafat-e-Rashida: The Only Form of Governance to Unite Muslim Countries

Authors: Zoaib Mirza

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

Keywords: Khalifat, Khilafat-e-Rashida, The Rightly Guided, colonization, capitalism, neocolonization, government systems.

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

Authors: Jaruphan Supprung

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

Keywords: Costume, Religious festival, ASEAN countries.

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75 Clash of Civilizations without Civilizational Groups: Revisiting Samuel P. Huntington´s Clash of Civilizations Theory

Authors: Jamal Abdi

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

Keywords: Clash of civilizations, groups, categories, groupism.

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74 Shariah Compliance Space Planning for Hotel Room Design

Authors: Syaza bt. Saifuddin, Rashidi bin Othman, Muhammad Hafizuddin Akmal bin Md Hashim, Ismail bin Jasmani, Noor Hanita bt. Abdul Majid

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This paper illustrates the background of various concepts, approaches, terminologies used to describe the basic framework of an Islamic Hotel Room design. This paper reviews the theoretical views in establishing a suitable and optimum environment for Muslim as well as non-Muslim guests in hotel rooms while according to shariah. It involves a few research methodologies that requires the researcher to study on a few characteristics needed to create more efficient rooms in terms of social interaction, economic growth and other tolerable elements. This paper intends on revealing the elements that are vital and may contribute for hotels in achieving a more conclusive research on space planning for hotel rooms focusing on the shariah and Muslim guests. Malaysia is an Islamic country and has billion of tourists coming over for business and recreational purposes. Therefore, having a righteous environment that best suit this target user is important in terms of generating the economy as well as providing a better understanding to the community on the benefits of applying these qualities in a conventional resort design.

Keywords: Design, Islam, room, shariah compliant hotel.

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73 Effect of Weathering on the Mineralogy and Geochemistry of Sediments of the Hyper Saline Urmia Salt Lake, Iran

Authors: Samad Alipour, Khadije Mosavi Onlaghi

Abstract:

Urmia Salt Lake (USL) is a hypersaline lake in the northwest of Iran. It contains halite as main dissolved and precipitated mineral and the major mineral mixed with lake bed sediments. Other detrital minerals such as calcite, aragonite, dolomite, quartz, feldspars, augite are forming lake sediments. This study examined the impact of weathering of this sediments collected from 1.5 meters depth and augite placers. The study indicated that weathering of tephritic and adakite rocks of the Islamic Island at the immediate boundary of the lake play a main control of lake bed sediments and has produced a large volume of augite placer along the lake bank. Weathering increases from south to toward north with increasing distance from Islamic Island. Geochemistry of lake sediments demonstrated the enrichment of MgO, CaO, Sr with an elevated anomaly of Eu, possibly due to surface absorbance of Mn and Fe associated Sr elevation originating from adakite volcanic rocks in the vicinity of the lake basin. The study shows the local geology is the major factor in origin of lake sediments than chemical and biochemical produced mineral during diagenetic processes.

Keywords: Urmia Lake, weathering, mineralogy, augite, Iran.

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72 Virtual Conciliation in Colombia: Evaluation of Maturity Level within the Framework of E-Government

Authors: Jenny Paola Forero Pachón, Sonia Cristina Gamboa Sarmiento, Luis Carlos Gómez Flórez

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The Colombian government has defined an e-government strategy to take advantage of Information Technologies (IT) in order to contribute to the building of a more efficient, transparent and participative State that provides better services to citizens and businesses. In this regard, the Justice sector is one of the government sectors where IT has generated more expectation considering that the country has a judicial processes backlog. This situation has led to the search for alternative forms of access to justice that speed up the process while providing a low cost for citizens. To this end, the Colombian government has authorized the use of Alternative Dispute Resolution methods (ADR), a remedy where disputes can be resolved more quickly compared to judicial processes while facilitating greater communication between the parties, without recourse to judicial authority. One of these methods is conciliation, which includes a special modality that takes advantage of IT for the development of itself known as virtual conciliation. With this option the conciliation is supported by information systems, applications or platforms and communications are provided through it. This paper evaluates the level of maturity in how the service of virtual conciliation is under the framework of this strategy. This evaluation is carried out considering Shahkooh's 5-phase model for e-government. As a result, it is evident that in the context of conciliation, maturity does not reach the necessary level in the model so that it can be considered as virtual conciliation; therefore, it is necessary to define strategies to maximize the potential of IT in this context.

Keywords: Alternative dispute resolution, e-government, evaluation of maturity, Shahkooh model, virtual conciliation.

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71 The Islamic Hadiths on Female Circumcision and the Symbolism of Solomon’s Temple

Authors: Richard L. Worthington

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Female ‘circumcision’ (FGC/FGM) in Islam is based primarily upon the ‘hadiths,’ which are the sayings of Muhammad. While it is usual to attack such hadiths in order to stop female ‘circumcision,’ yet those practicing female ‘circumcision’ merely react against such an attack. However, there is a new approach, called ‘Temple Theology,’ which reads religious stories in the light of how the rituals and politics of Solomon’s temple were encoded in those stories. For example, one hadith tells us not to cut severely in circumcising a woman. However, the Menorah lampstand was symbolized as a woman, and so ‘circumcising’ a woman could be re-interpreted as merely referring to trimming the wicks of the lamps. Similarly, another hadith mentions that when a man is within the four parts of a woman (her arms and legs) that the couple should bathe because their circumcised parts have met (implying that the woman was circumcised). However, the bronze ‘Sea’ basin of Solomon’s temple, used for immersion (‘bathing’), had four sides, implying that the circumcised parts relate to temple symbolism. The hadiths relating to the fitra – Islamic practices which include circumcision – and to Hagar being circumcised by Sarah are likewise interpreted. This approach implies that the hadiths can be respected without giving them a literal interpretation. In this way, it is hoped that those devout Muslims who defend female ‘circumcision’ can re-evaluate their position in a positive way from within their own tradition, as opposed to being seemingly hounded by non-Muslims.

Keywords: Female circumcision, Fitra, Hadith, Temple theology.

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70 Promoting Gender Equality within Islamic Tradition via Contextualist Approach

Authors: Ali Akbar

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The importance of advancing women’s rights is closely intertwined with the development of civil society and the institutionalization of democracy in Middle Eastern countries. There is indeed an intimate relationship between the process of democratization and promoting gender equality, since democracy necessitates equality between men and women. In order to advance the issue of gender equality, what is required is a solid theoretical framework which has its roots in the reexamination of pre-modern interpretation of certain Qurʾānic passages that seem to have given men more rights than it gives women. This paper suggests that those Muslim scholars who adopt a contextualist approach to the Qurʾānic text and its interpretation provide a solid theoretical background for improving women’s rights. Indeed, the aim of the paper is to discuss how the contextualist approach to the Qurʾānic text and its interpretation given by a number of prominent scholars is capable of promoting the issue of gender equality. The paper concludes that since (1) much of the gender inequality found in the primary sources of Islam as well as pre-modern Muslim writings is rooted in the natural cultural norms and standards of early Islamic societies and (2) since the context of today’s world is so different from that of the pre-modern era, the proposed models provide a solid theoretical framework for promoting women’s rights and gender equality.

Keywords: Contextualism, Gender equality, Islam, Women’s rights.

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69 The Role of the Accused’s Attorney in the Criminal Justice System of Iran, Mashhad 2014

Authors: Mahdi Karimi

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One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: Defense attorney, equality of arms, fair trial, reducing the penalty, right to defense.

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68 Criminal Justice System, Health and Imprisonment in India

Authors: Debolina Chatterjee, Suhita Chopra Chatterjee

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Imprisonment is an expansive concept, as it is regulated by laws under criminal justice system of the state. The state sets principles of punishment to control offenders and also puts limits to excess punitive control. One significant way through which it exercises control is through rules governing healthcare of imprisoned population. Prisons signify specialized settings which accommodate both medical and legal concerns. The provision of care operates within the institutional paradigm of punishment. This requires the state to negotiate adequately between goals of punishment and fulfilment of basic human rights of offenders. The present study is based on a critical analysis of prison healthcare standards in India, which include government policies and guidelines. It also demonstrates how healthcare is delivered by drawing insights from a primary study conducted in a correctional home in the state of West Bengal, India, which houses both male and female inmates. Forty women were interviewed through semi-structured interviews, followed by focus group discussions. Doctors and administrative personnel were also interviewed. Findings show how institutional practices control women through subversion of the role of doctors to prison administration. Also, poor healthcare infrastructure, unavailability of specialized services, hierarchies between personnel and inmates make prisons unlikely sites for therapeutic intervention. The paper further discusses how institutional practices foster gender-based discriminatory practices.

Keywords: Imprisonment, imprisoned women, prison healthcare, prison policies.

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67 Causal Relationship between Macro-Economic Indicators and Funds Unit Prices Behavior: Evidence from Malaysian Islamic Equity Unit Trust Funds Industry

Authors: Anwar Hasan Abdullah Othman, Ahamed Kameel, Hasanuddeen Abdul Aziz

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In this study, attempt has been made to investigate the relationship specifically the causal relation between fund unit prices of Islamic equity unit trust fund which measure by fund NAV and the selected macro-economic variables of Malaysian economy by using VECM causality test and Granger causality test. Monthly data has been used from Jan, 2006 to Dec, 2012 for all the variables. The findings of the study showed that industrial production index, political election and financial crisis are the only variables having unidirectional causal relationship with fund unit price. However the global oil price is having bidirectional causality with fund NAV. Thus, it is concluded that the equity unit trust fund industry in Malaysia is an inefficient market with respect to the industrial production index, global oil prices, political election and financial crisis. However the market is approaching towards informational efficiency at least with respect to four macroeconomic variables, treasury bill rate, money supply, foreign exchange rate, and corruption index.

Keywords: Fund unit price, unit trust industry, Malaysia, macroeconomic variables, causality.

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66 An Active Solar Energy System to Supply Heating Demands of the Teaching Staff Dormitory of Islamic Azad University Ramhormoz Branch

Authors: M. Talebzadegan, S. Bina, I. Riazi

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The purpose of this paper is to present an active solar energy system to supply heating demands of the teaching staff dormitory of the Islamic Azad University of Ramhormoz. The design takes into account the solar radiations and climate data of Ramhormoz town and is based on the daily warm water consumption for health demands of 450 residents of the dormitory, which is equal to 27000 lit of 50-C° water, and building heating requirements with an area of 3500 m² well-protected by heatproof materials. First, heating demands of the building were calculated, then a hybrid system made up of solar and fossil energies was developed and finally, the design was economically evaluated. Since there is only roof space for using 110 flat solar water heaters, the calculations were made to hybridize solar water heating system with heat pumping system in which solar energy contributes 67% of the heat generated. According to calculations, the net present value “N.P.V.” of revenue stream exceeds “N.P.V.” of cash paid off in this project over three years, which makes economically quite promising. The return of investment and payback period of the project is 4 years. Also, the internal rate of return (IRR) of the project was 25%, which exceeds bank rate of interest in Iran and emphasizes the desirability of the project.

Keywords: Solar energy, heat demand, renewable, pollution.

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65 The U.S. and Western Europe Role in Resolving the Religious Conflicts in Central Asia

Authors: Zhanar Aldubasheva, Mukhtar Senggirbay, Elnura Assyltayeva

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The modern world is experiencing fundamental and dynamic changes. The transformation of international relations; the end of confrontation and successive overcoming of the Cold War consequences have expanded possible international cooperation. The global nuclear conflict threat has been minimized, while a tendency to establish a unipolar world structure with the U.S. economic and power domination is growing. The current world system of international relations, apparently is secular. However, the religious beliefs of one or another nations play a certain (sometimes a key) role, both in the domestic affairs of the individual countries and in the development of bilateral ties. Political situation in Central Asia has been characterized by new factors such as international terrorism; religious extremism and radicalism; narcotrafficking and illicit arms trade of a global character immediately threaten to peace and political stability in Central Asia. The role and influence of Islamic fundamentalism is increasing; political ethnocentrism and the associated aggravation of inter-ethnic relations, the ambiguity of national interests and objectives of major geo-political groups in the Central Asian region regarding the division the political influence, emerge. This article approaches the following issues: the role of Islam in Central Asia; destabilizing factors in Central Asia; Islamic movements in Central Asia, Western Europe and the United States; the United States, Western Europe and Central Asia: religion, politics, ideology, and the US-Central Asia antiterrorism and religious extremism cooperation.

Keywords: USA, Central Asia, religious conflict, terrorism, regional security.

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64 The Importance of Zakat in Struggle against Circle of Poverty and Income Redistribution

Authors: Hasan Bulent Kantarcı

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This paper examines how “Zakat” provides fair income redistribution and aids the struggle against poverty. Providing fair income redistribution and combating poverty constitutes some of the fundamental tasks performed by countries all over the world. Each country seeks a solution for these problems according to their political, economic and administrative styles through applying various economic and financial policies. The same situation can be handled via “zakat” association in Islam. Nowadays, we observe different versions of “zakat” in developed countries. Applications such as negative income tax denote merely a different form of “zakat” that is being applied almost in the same way but under changed names. However, the minimum values to donate under zakat (e.g. 85 gr. gold and 40 animals) get altered and various amounts are put into practice. It might be named as negative income tax instead of zakat, nonetheless, these applications are based on the Holy Koran and the hadith released 1400 years ago. Besides, considering the savage and slavery in the world at those times, we might easily recognize the true value of the zakat being applied for the first time then in the Islamic system. Through zakat, governments are able to transfer incomes to the poor as a means of enabling them achieve the minimum standard of living required. With regards to who benefits from the Zakat, an objective and fair criteria was used to determine who benefits from the zakat contrary to the notion that it was based on peoples’ own choices. Since the zakat is obligatory, the transfers do not get forwarded directly but via the government and get distributed, which requires vast governmental organizations. Through the application of Zakat, reduced levels of poverty can be achieved and also ensure the fair income redistribution.

Keywords: Cycle of poverty, Islamic finance, income redistribution, zakat.

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63 The Implications of Technological Advancements on the Constitutional Principles of Contract Law

Authors: Laura Çami (Vorpsi), Xhon Skënderi

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In today's rapidly evolving technological landscape, the traditional principles of contract law are facing significant challenges. The emergence of new technologies, such as electronic signatures, smart contracts, and online dispute resolution mechanisms, is transforming the way contracts are formed, interpreted, and enforced. This paper examines the implications of these technological advancements on the constitutional principles of contract law. One of the fundamental principles of contract law is freedom of contract, which ensures that parties have the autonomy to negotiate and enter into contracts as they see fit. However, the use of technology in the contracting process has the potential to disrupt this principle. For example, online platforms and marketplaces often offer standard-form contracts, which may not reflect the specific needs or interests of individual parties. This raises questions about the equality of bargaining power between parties and the extent to which parties are truly free to negotiate the terms of their contracts. Another important principle of contract law is the requirement of consideration, which requires that each party receives something of value in exchange for their promise. The use of digital assets, such as cryptocurrencies, has created new challenges in determining what constitutes valuable consideration in a contract. Due to the ambiguity in this area, disagreements about the legality and enforceability of such contracts may arise. Furthermore, the use of technology in dispute resolution mechanisms, such as online arbitration and mediation, may raise concerns about due process and access to justice. The use of algorithms and artificial intelligence to determine the outcome of disputes may also raise questions about the impartiality and fairness of the process. Finally, it should be noted that there are many different and complex effects of technical improvements on the fundamental constitutional foundations of contract law. As technology continues to evolve, it will be important for policymakers and legal practitioners to consider the potential impacts on contract law and to ensure that the principles of fairness, equality, and access to justice are preserved in the contracting process.

Keywords: Technological advancements, constitutional principles, contract law, smart contracts, online dispute resolution, freedom of contract.

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62 Job in Modern Arabic Poetry: A Semantic and Comparative Approach to Two Poems Referring to the Poet Al-Sayyab

Authors: Jeries Khoury

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The use of legendary, folkloric and religious symbols is one of the most important phenomena in modern Arabic poetry. Interestingly enough, most of the modern Arabic poetry’s pioneers were so fascinated by the biblical symbols and they managed to use many modern techniques to make these symbols adequate for their personal life from one side and fit to their Islamic beliefs from the other. One of the most famous poets to do so was al-Sayya:b. The way he employed one of these symbols ‘job’, the new features he adds to this character and the link between this character and his personal life will be discussed in this study. Besides, the study will examine the influence of al-Sayya:b on another modern poet Saadi Yusuf, who, following al-Sayya:b, used the character of Job in a special way, by mixing its features with al-Sayya:b’s personal features and in this way creating a new mixed character. A semantic, cultural and comparative analysis of the poems written by al-Sayya:b himself and the other poets who evoked the mixed image of al-Sayya:b-Job, can reveal the changes Arab poets made to the original biblical figure of Job to bring it closer to Islamic culture. The paper will make an intensive use of intertextuality idioms in order to shed light on the network of relations between three kinds of texts (indeed three palimpsests’: 1- biblical- the primary text; 2- poetic- al-Syya:b’s secondary version; 3- re-poetic- Sa’di Yusuf’s tertiary version). The bottom line in this paper is that that al-Sayya:b was directly influenced by the dramatic biblical story of Job more than the brief Quranic version of the story. In fact, the ‘new’ character of Job designed by al-Sayya:b himself differs from the original one in many aspects that we can safely say it is the Sayyabian-Job that cannot be found in the poems of any other poets, unless they are evoking the own tragedy of al-Sayya:b himself, like what Saadi Yusuf did.

Keywords: Arabic poetry, intertextuality, job, meter, modernism, symbolism.

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61 The Touristic Development of the Archaeological and Heritage Areas in Alexandria City, Egypt

Authors: Salma I. Dwidar, Amal A. Abdelsattar

Abstract:

Alexandria city is one of the greatest cities in the world. It confronted different civilizations throughout the ages due to its special geographical location and climate which left many archaeological areas of great heritage (Ptolemaic, Greek, Romanian, especially sunken monuments, Coptic, Islamic, and finally, the Modern). Also, Alexandria city contains areas with different patterns of urban planning, both Hellenistic and compacted planning which merited the diversity in planning. Despite the magnitude of this city, which contains all the elements of tourism, the city was not included in the tourism map of Egypt properly comparing with similar cities in Egypt. This paper discusses the importance of heritage areas in Alexandria and the relationship between heritage areas and modern buildings. It highlights the absence of a methodology to deal with heritage areas as touristic areas. Also, the paper aims to develop multiple touristic routes to visit archaeological areas and other sights of significance in Alexandria. The research methodology is divided into two main frameworks. The first framework is a historical study of the urban development of Alexandria and the most important remaining monuments throughout the ages, as well as an analytical study of sunken monuments and their importance in increasing the rate of tourism. Moreover, it covers a study of the importance of the Library of Alexandria and its effect on the international focus of the city. The second framework focuses on the proposal of some tourism routes to visit the heritage areas, archaeological monuments, sunken monuments and the sights of Alexandria. The study concludes with the proposal of three tourism routes. The first route, which is the longest one, passes by all the famous monuments of the city as well as its modern sights. The second route passes through the heritage areas, sunken monuments, and Library of Alexandria. The third route includes the sunken monuments and Library of Alexandria. These three tourism routes will ensures the touristic development of the city which leads to the economic growth of the city and the country.

Keywords: Archeological buildings, heritage buildings, heritage tourism, planning of Islamic cities.

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60 Modeling Salam Contract for Profit and Loss Sharing

Authors: Dchieche Amina, Aboulaich Rajae

Abstract:

Profit and loss sharing suggests an equitable sharing of risks and profits between the parts involved in a financial transaction. Salam is a contract in which advance payment is made for goods to be delivered at a future date. The purpose of this work is to price a new contract for profit and loss sharing based on Salam contract, using Khiyar Al Ghabn which is an agreement of choice in case of misrepresent facts.

Keywords: Islamic finance, Shariah compliance, profit and loss sharing, derivatives, risks, hedging, salam contract.

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59 Distributional Impacts of Changes in Value Added Tax Rates in the Czech Republic

Authors: Ondřej Bayer

Abstract:

The paper evaluates the ongoing reform of VAT in the Czech Republic in terms of impacts on individual households. The main objective is to analyse the impact of given changes on individual households. The adopted method is based on the data related to household consumption by individual household quintiles; obtained data are subjected to micro-simulation examining. Results are discussed in terms of vertical tax justice. Results of the analysis reveal that VAT behaves regressively and a sole consolidation of rates at a higher level only increases the regression of this tax in the Czech Republic.

Keywords: Consolidation of rates, household quintiles, tax impact, VAT.

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58 There is Nothing “BASIC” about Numeracy in Higher Education - A Case Study from an Accounting Programme

Authors: S. Rathilal

Abstract:

Numeracy, like Literacy is considered to be a core value of modern societies. Most higher education institutions in South Africa include being numerate as an important graduate attribute. It is argued that a suitability numerate society contributes to social justice, empowerment, financial and environmental sustainability and a lack of numeracy practices can contribute to disempowerment. Numeracy is commonly misconstrued as a basic and simple practice, similar in nature to basic arithmetic. This study highlights the complexities of higher education numeracy practices by analyzing a programme in a higher education institution in South Africa using the New Literacies Studies perspective.

Keywords: Higher Education, New Literacy Studies, Numeracy Practices.

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57 Transportation and Physical Development around Kumasi, Ghana

Authors: Justice K. Owusu-Ansah, Kevin O'Connor

Abstract:

This research explores the links between physical development and transportation infrastructure around Kumasi, Ghana. It utilizes census data as well as fieldwork and interviews carried out during July and December 2005. The results suggest that there is a weak association between transportation investments and physical development, and that recent housing has generally occurred in poorly accessible locations. Road investments have generally followed physical expansion rather than the reverse. Hence policies designed to manage the fast growth now occurring around Ghanaian cities should not focus exclusively on improving transportation infrastructure but also strengthening the underlying the traditional land management structures and the official land administrative institutions that operate within those structures.

Keywords: Housing, Kumasi, population, physical development, transportation, villages.

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56 Smuggling of Migrants as an Influential Factor on National Security, Economic and Social Life

Authors: Jordan Georgiev Deliversky

Abstract:

Human trafficking and smuggling of migrants are criminal activities, which are on the rise over recent years. The number of legal migrants arrived in Europe from outside the European Union are far less than those who want to come and settle in Europe. The objective of this paper is to present the impact on economic and social life of significant measures influencing the smuggling of migrants. The analysis is focused on various complex factors which have multiple origins and are highly influential as regard to the process of migration and the smuggling of migrants. The smuggling of migrants is a criminal activity, directly related to migration. The main results show that often the routes chosen for smuggling of migrants are circuitous, as smugglers carefully avoid strictly controlled roads, checkpoints, and countries or jurisdictions where there is efficiency of justice, with particular emphasis on the law on trafficking of persons and smuggling of migrants.

Keywords: Corruption, migration, security, smuggling.

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55 Discrimination in Primary Education in the Slums of Turkey: Problems about Equity of Education

Authors: Erten Gokce

Abstract:

This study was carried out in Ankara, the capital city of Turkey, in order to determine how people living in the slums of Ankara benefit from educational equality. Within the scope of the research, interviews were made with 64 families whose children have been getting education from the primary schools of these parts and the data of the study was collected by the researcher. The results of the research demonstrate that the children getting education in the slums of Ankara can not experience educational equality and justice. The results of this study show that the opportunities of the schools in the slums of Ankara are very limited, so the individuals in these districts can not equally benefit from the education. The families are aware of the problem they are faced with. KeywordsDiscrimination, inequality, primary education, slums of Turkey.

Keywords: Discrimination, inequality, primary education, slums of Turkey.

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54 The Influence of Fashion Bloggers on the Pre-Purchase Decision for Online Fashion Products among Generation Y Female Malaysian Consumers

Authors: Mohd Zaimmudin Mohd Zain, Patsy Perry, Lee Quinn

Abstract:

This study explores how fashion consumers are influenced by fashion bloggers towards pre-purchase decision for online fashion products in a non-Western context. Malaysians rank among the world’s most avid online shoppers, with apparel the third most popular purchase category. However, extant research on fashion blogging focuses on the developed Western market context. Numerous international fashion retailers have entered the Malaysian market from luxury to fast fashion segments of the market; however Malaysian fashion consumers must balance religious and social norms for modesty with their dress style and adoption of fashion trends. Consumers increasingly mix and match Islamic and Western elements of dress to create new styles enabling them to follow Western fashion trends whilst paying respect to social and religious norms. Social media have revolutionised the way that consumers can search for and find information about fashion products. For online fashion brands with no physical presence, social media provide a means of discovery for consumers. By allowing the creation and exchange of user-generated content (UGC) online, they provide a public forum that gives individual consumers their own voices, as well as access to product information that facilitates their purchase decisions. Social media empower consumers and brands have important roles in facilitating conversations among consumers and themselves, to help consumers connect with them and one another. Fashion blogs have become an important fashion information sources. By sharing their personal style and inspiring their followers with what they wear on popular social media platforms such as Instagram, fashion bloggers have become fashion opinion leaders. By creating UGC to spread useful information to their followers, they influence the pre-purchase decision. Hence, successful Western fashion bloggers such as Chiara Ferragni may earn millions of US dollars every year, and some have created their own fashion ranges and beauty products, become judges in fashion reality shows, won awards, and collaborated with high street and luxury brands. As fashion blogging has become more established worldwide, increasing numbers of fashion bloggers have emerged from non-Western backgrounds to promote Islamic fashion styles, such as Hassanah El-Yacoubi and Dian Pelangi. This study adopts a qualitative approach using netnographic content analysis of consumer comments on two famous Malaysian fashion bloggers’ Instagram accounts during January-March 2016 and qualitative interviews with 16 Malaysian Generation Y fashion consumers during September-October 2016. Netnography adapts ethnographic techniques to the study of online communities or computer-mediated communications. Template analysis of the data involved coding comments according to the theoretical framework, which was developed from the literature review. Initial data analysis shows the strong influence of Malaysian fashion bloggers on their followers in terms of lifestyle and morals as well as fashion style. Followers were guided towards the mix and match trend of dress with Western and Islamic elements, for example, showing how vivid colours or accessories could be worked into an outfit whilst still respecting social and religious norms. The blogger’s Instagram account is a form of online community where followers can communicate and gain guidance and support from other followers, as well as from the blogger.

Keywords: Fashion bloggers, Malaysia, qualitative, social media.

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53 The Interaction between Human and Environment on the Perspective of Environmental Ethics

Authors: Mella Ismelina Farma Rahayu

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Environmental problems could not be separated from unethical human perspectives and behaviors toward the environment. There is a fundamental error in the philosophy of people’s perspective about human and nature and their relationship with the environment, which in turn will create an inappropriate behavior in relation to the environment. The aim of this study is to investigate and to understand the ethics of the environment in the context of humans interacting with the environment by using the hermeneutic approach. The related theories and concepts collected from literature review are used as data, which were analyzed by using interpretation, critical evaluation, internal coherence, comparisons, and heuristic techniques. As a result of this study, there will be a picture related to the interaction of human and environment in the perspective of environmental ethics, as well as the problems of the value of ecological justice in the interaction of humans and environment. We suggest that the interaction between humans and environment need to be based on environmental ethics, in a spirit of mutual respect between humans and the natural world.

Keywords: The environment, environmental ethics, the interaction, value.

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52 Private Law, Public Justice: Another Look at Imprisonment for Debt under the Jordanian Law

Authors: Haitham A. Haloush

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Debtors' imprisonment in Jordan is a problematic issue since it impinges upon required financial guarantees that are presumably offered by debtors on the one hand, and infringes flagrantly the International Covenant on Civil and Political Rights on the other hand. Jordan lacks regulatory provisions in this respect and debtors' imprisonment is indirectly exercised in Jordan without giving a special legal attention to this concern. From this perspective, this research reviews the available regulations, standard laws and codes of conduct that might guide the implementation of the International Covenant on Civil and Political Rights in the Jordanian context. Furthermore, this article will examine the suitability of the Jordanian legal system in providing sufficient protection for debtors. The author argues that there are serious obstacles in this aspect.

Keywords: The Jordanian Civil Code, the Jordanian Execution Law, imprisonment for debt, good faith, the Jordanian Constitution, the International Covenant on Civil and Political Rights.

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