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Article
Publication date: 17 February 2012

Ahmad Alkhamees

The purpose of this paper is to examine the appropriateness and effectiveness of using the right of private action against perpetrators of market manipulation.

Abstract

Purpose

The purpose of this paper is to examine the appropriateness and effectiveness of using the right of private action against perpetrators of market manipulation.

Design/methodology/approach

The author examines legislation in the USA, which gives victims the right to pursue private legal action against market manipulators, and discusses the eligibility criteria that plaintiffs have to meet before they are allowed to pursue private proceedings.

Findings

In spite of the importance placed on private claims by courts, regulators and legal firms in the USA, research has shown that relying on this type of redress alone, is fraught with difficulties as it may not be appropriate in a modern day economic climate, because the doctrines of the law of tort, such as reliance and causation, are ill‐suited to the impersonal nature of financial market trading. Common law tort has placed obstacles in the way of effective private civil action, making it inconvenient for those wishing to pursue this route to do so.

Practical implications

The study concludes that private action can work as a secondary or tool against market manipulation, but it cannot replace or reduce the power of public enforcement.

Originality/value

The study examines in detail the experience of the USA in using private action as a remedy against perpetrators of market manipulation. It discusses the eligibility criteria that plaintiffs have to meet before they are allowed to pursue private proceedings. It addresses the question of whether other countries such as the UK should use private enforcement against market manipulation.

Details

Journal of Financial Regulation and Compliance, vol. 20 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Open Access
Article
Publication date: 2 June 2023

Sharaf AlKheder, Ahmad Alkandari, Bader Aladwani and Wasan Alkhamees

This study aims to validate a model for estimating platoon delay due to pedestrian crossing for use in Kuwait City.

Abstract

Purpose

This study aims to validate a model for estimating platoon delay due to pedestrian crossing for use in Kuwait City.

Design/methodology/approach

The model was modified slightly for the scenario used in Kuwait, in which the presence of raised crosswalk meant that all incoming traffic would slow down automatically. Using video footage to observe the site, several variables were collected, and a model was used to calculate the delays suffered by the vehicles because of pedestrian crossing. The model was validated using the actual footage and manual observation to measure the delays.

Findings

The model showed a good match fit to the observed data, as the average delays differed by 22.5% between the two methods. Following the comparison, a sensitivity analysis was made on three variables: the acceleration rate, deceleration rate, as well as the pedestrian walking time. The analysis has shown that deceleration rate has approximately twice the effect on the model than the acceleration rate has. It has also shown that the pedestrian walking time has a major effect on the model, in an almost one-to-one correlation. A 50% change of the pedestrian walking time is associated with approximately 50% change in the model’s output delay.

Originality/value

A model for estimating platoon delay because of pedestrian crossing was validated for use in Kuwait City. The model was modified slightly for the scenario used in Kuwait, in which the presence of raised crosswalk meant that all incoming traffic would slow down automatically.

Details

Smart and Resilient Transportation, vol. 5 no. 1
Type: Research Article
ISSN: 2632-0487

Keywords

Open Access
Article
Publication date: 19 August 2022

Muhammad Izzul Syahmi, Mohammad Taqiuddin Mohamad and Mohd Anuar Ramli

There are two purposes to this study: first, to identify the status of ḥiyal (legal devices) in the offering of deposit products based on the tawarruq contract in the Malaysian…

2504

Abstract

Purpose

There are two purposes to this study: first, to identify the status of ḥiyal (legal devices) in the offering of deposit products based on the tawarruq contract in the Malaysian Islamic banking industry and second, to identify the reasons for the widespread offering of tawarruq-based deposit products by Malaysian Islamic banks (IBs).

Design/methodology/approach

The study uses the qualitative method that involved interviews with Malaysian Sharī‘ah experts and Islamic banking operations experts.

Findings

The findings show that Malaysian IBs resolved to use the tawarruq munaẓẓam contract in deposit products due to several constraints in the existing banking system and in view of customer preferences.

Research limitations/implications

This study solely focuses on tawarruq-based deposit products due to its extensive application in the Malaysian Islamic banking industry.

Practical implications

The implication of the study is that more stringent procedures are required in the offering of tawarruq-based deposit products as they are extensively utilised and have sparked controversy among Sharī‘ah scholars. Moreover, to retain Malaysia's Islamic banking reputation and trustworthiness, new and less controversial contracts must be developed.

Originality/value

This paper discusses the extensive usage of ḥiyal-based contracts such as tawarruq in Islamic banking institutions' deposit products, with justifications from Malaysian Islamic banking experts. The widespread use of the tawarruq munaẓẓam contract in deposit-based product offerings is based on a reasonable view considering the constraints that Malaysian Islamic banking is currently facing, with strict operation procedures by Bank Negara Malaysia to ensure real operations and to avoid fictitious elements. This paper reveals the use of tawarruq munaẓẓam in deposit products which allows the Islamic banking industry to operate effectively under Malaysia's dominant conventional banking system.

Details

ISRA International Journal of Islamic Finance, vol. 14 no. 3
Type: Research Article
ISSN: 0128-1976

Keywords

Abstract

Details

Tourism Innovation in the Digital Era
Type: Book
ISBN: 978-1-83797-166-4

Open Access
Article
Publication date: 16 November 2023

Bahareh Farhoudinia, Selcen Ozturkcan and Nihat Kasap

This paper aims to conduct an interdisciplinary systematic literature review (SLR) of fake news research and to advance the socio-technical understanding of digital information…

1313

Abstract

Purpose

This paper aims to conduct an interdisciplinary systematic literature review (SLR) of fake news research and to advance the socio-technical understanding of digital information practices and platforms in business and management studies.

Design/methodology/approach

The paper applies a focused, SLR method to analyze articles on fake news in business and management journals from 2010 to 2020.

Findings

The paper analyzes the definition, theoretical frameworks, methods and research gaps of fake news in the business and management domains. It also identifies some promising research opportunities for future scholars.

Practical implications

The paper offers practical implications for various stakeholders who are affected by or involved in fake news dissemination, such as brands, consumers and policymakers. It provides recommendations to cope with the challenges and risks of fake news.

Social implications

The paper discusses the social consequences and future threats of fake news, especially in relation to social networking and social media. It calls for more awareness and responsibility from online communities to prevent and combat fake news.

Originality/value

The paper contributes to the literature on information management by showing the importance and consequences of fake news sharing for societies. It is among the frontier systematic reviews in the field that covers studies from different disciplines and focuses on business and management studies.

Details

Aslib Journal of Information Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2050-3806

Keywords

Article
Publication date: 3 April 2018

Naji Mansour Nomran, Razali Haron and Rusni Hassan

Islamic banks (IBs) must stay Shari’ah compliant to enhance their customer loyalty and obtain a competitive edge. Given the performance of Shari’ah supervisory board (SSB…

2202

Abstract

Purpose

Islamic banks (IBs) must stay Shari’ah compliant to enhance their customer loyalty and obtain a competitive edge. Given the performance of Shari’ah supervisory board (SSB) continues to be a matter of concern especially for IBs across countries that have a different regulatory environment, the purpose of this paper is to examine the effects of SSB characteristics on IBs’ performance in Malaysia being a country that applies the most extreme intervention of regulatory agencies (pro-active model).

Design/methodology/approach

A sample of 15 Malaysian IBs is used to test the study hypotheses for the period from 2008 to 2015 using the Generalized Method of Moments estimator.

Findings

The results reveal strong support for a significant association between SSB size, doctoral qualification, change in the SSB composition and performance. In addition, the study supports the view that SSB with cross-membership and reputation is very important in improving the performance of IBs.

Research limitations/implications

First, the paper focused only on Malaysia which adopts a pro-active model, and therefore, extending the investigation to include countries that adopt the different models may provide a better view of the best Shari’ah governance (SG) practices for IBs. Second, there is a need for more empirical analysis regarding the optimal SSB size of IBs.

Practical implications

This paper provides empirical evidence for regulators and policy makers in Malaysia, to understand how to enhance the performance of IBs using SG. Furthermore, marketers of Malaysian IBs should focus on SG practices as an important element for attracting Muslim customers, especially as there is a lack in this aspect.

Originality/value

To date, it seems there is no empirical study that has examined to what extent the impact of SSB characteristics on IBs performance can be affected by the degree of agencies intervention, whether extreme or slight. Malaysia has been chosen as the only country that adopts the most extreme model.

Details

International Journal of Bank Marketing, vol. 36 no. 2
Type: Research Article
ISSN: 0265-2323

Keywords

Article
Publication date: 21 December 2021

Abu Talib Mohammad Monawer, Noor Naemah Abdul Rahman, Ameen Ahmed Abdullah Qasem Al-‎Nahari, Luqman Haji Abdullah, Abdul Karim Ali and Achour Meguellati

This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial…

Abstract

Purpose

This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs).

Design/methodology/approach

This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework.

Findings

This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid.

Research limitations/implications

This paper proposes a conceptual framework without investigating the practice of any particular industry or products. Further research would focus on formulating a practical framework based on a focus group discussion with industry experts, elaborating the parameters of maqāṣid, scrutinizing the maqāṣid available in the literature by the parameters of maqāṣid and assessing the IFIs’ products and services using the proposed framework.

Practical implications

This paper provides insights into the importance of maqāṣid elements and the effects of overlooking them on IFIs and customers’ product consumption. Furthermore, a major implication of the proposed framework is to learn how to use the maqāṣid approach as the baseline for designing new financial products.

Originality/value

The novelty of this paper lies in its pioneering attempt of harmonizing all essential maqāṣid elements and using them as constituents to formulate a comprehensive framework that actualizes maqāṣid al-Sharīʿah in the Islamic finance industry.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 15 no. 5
Type: Research Article
ISSN: 1753-8394

Keywords

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