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Article
Publication date: 21 February 2020

Aishath Muneeza and Zakariya Mustapha

The purpose of this paper is to explore the application of Kafalah in the practice of Islamic banking in Malaysia generally and ascertain applicable rules governing the…

17303

Abstract

Purpose

The purpose of this paper is to explore the application of Kafalah in the practice of Islamic banking in Malaysia generally and ascertain applicable rules governing the application under relevant legislations and Shariah. The study also aims to examine the legislations in the light of Shariah provisions governing Kafalah and propose amendments.

Design/methodology/approach

This is a qualitative research where primary data sources mainly legislations and secondary sources comprising of articles and books on the subject of Kafalah were examined. It is an exploratory legal research that primarily focuses on library studies and adopts doctrinal approach for content analysis of data from the identified sources.

Findings

Kafalah is widely used in Islamic banking in Malaysia with primary or secondary application in structuring such products/services as personal guarantee, bank guarantee, Islamic credit card among others. The substantive law applicable to Kafalah in Islamic banking in Malaysia is the Contracts Act 1950 as decided cases indicate. However, provisions of the Act are at variance with rules of Shariah applicable to Kafalah on absolution of guaranteed debtor, multiple guarantors’ liability towards guaranteed sum as well as recourse and recovery from principal debtor.

Research limitations/implications

This research explored the practice of Kafalah in Islamic banking under Malaysian legal framework based on the available literature. The research does not embody an empirical evaluation.

Originality/value

This research suggests, with respect to the identified issues, an amendment to the Act for clarification as follows: that recourse and recovery from principal debtor is only where creditor has requested guarantor to settle outstanding debt, that presence of surety does not absolve principal debtor from his original liability and that multiple guarantors stand as having equal responsibility towards guaranteed amount. The research findings will assist policy and law makers to harmonize the relevant laws with the Shariah to facilitate sustainable development of Islamic banking.

Details

PSU Research Review, vol. 4 no. 3
Type: Research Article
ISSN: 2399-1747

Keywords

Open Access
Article
Publication date: 9 May 2023

Jacinto Rebadulla Valila Jr

There is a noticeable dearth of literature offering Marxist perspectives and analyses on the Bangsamoro struggles for self-determination, ethnic and religious identities and…

1302

Abstract

Purpose

There is a noticeable dearth of literature offering Marxist perspectives and analyses on the Bangsamoro struggles for self-determination, ethnic and religious identities and social justice. A reason for this may lie in the general derision of bourgeois academics and conventional commentators on the supposed paucity of Marxist theories on nationalism, ethnicity and religion. This may have influenced, ironically, Filipino Marxist thinkers into being indifferent to this research topic. Far from the truth, however, that Marxism is essentially an economic determinist social conflict theory, its historical materialism offers a rich treasury of analyses and perspectives on nationalism, self-determination, religion and ethnic identity within the context of class struggles as the acme of the theory of scientific socialism. The paper, therefore, offers a scientific analysis of the Bangsamoro Question from a Marxist standpoint beyond the perspectives of psychologism, naturalism and ethno-racialism, which are usually deployed by traditional and uninformed commentators in analyzing ethnicity questions and quests for separatism.

Design/methodology/approach

The paper employs the historical and class analysis of the dynamics, relationships and struggles of classes in the history of the Bangsamoro struggles against colonialism and the subsequent postcolonial regimes up to the present time.

Findings

As a scientific paradigm, historical materialism presents itself as a general scientific social conflict theory. Using this framework through historical and class analyses, the paper proves the improbability of the Moros’ quest for separatism or genuine autonomy at this historical point. It, therefore, asserts the linking of the Moro struggles to the more immense struggles of the Filipinos for national and social liberation from imperialism.

Research limitations/implications

The paper is limited to the historical and class analyses of classes’ dynamics and struggles. It is, therefore, far from an exhaustive analysis of the Moro struggles using different non-Marxist social conflict theories.

Practical implications

The research can be considered a practical guide in analyzing and predicting the trajectories of the Moro struggles in Mindanao and Sulu.

Social implications

The work addresses the question from radical and Marxist premises.

Originality/value

This is a highly original and valuable work from the point of view of Marxist social conflict theory.

Details

Southeast Asia: A Multidisciplinary Journal, vol. 23 no. 1
Type: Research Article
ISSN: 1819-5091

Keywords

Open Access
Article
Publication date: 2 December 2019

Suheyib Eldersevi and Razali Haron

This study aims to examine the resolutions issued by the Sharīʿah Advisory Council of Bank Negara Malaysia (SAC-BNM), which have recognized maṣlaḥah (public interest) as the basis…

3989

Abstract

Purpose

This study aims to examine the resolutions issued by the Sharīʿah Advisory Council of Bank Negara Malaysia (SAC-BNM), which have recognized maṣlaḥah (public interest) as the basis of ruling to see the extent of its usefulness to the public and the extent of its adherence to the maṣlaḥah parameters. The study will also look into the opposing opinion to identify the basis of rejection and overall implication on Islamic finance based on opposing opinions of SAC-BNM and other bodies of collective ijtihād (juristic interpretation).

Design/methodology/approach

The study uses a qualitative approach by analyzing the SAC-BNM resolutions, which have been resolved based on maṣlaḥah. The study also applies the comparative approach by comparing the fatwa (Sharīʿah pronouncement) issuing bodies of Malaysia and the Gulf Cooperation Council countries. Furthermore, the secondary data is obtained from sources such as uṣūl al-fiqh (theory of Islamic jurisprudence) books, papers and relevant internet sources.

Findings

The study found that SAC-BNM’s resolutions are in line with some of the major maṣlaḥah parameters mentioned in the uṣūl al-fiqh sources i.e. must not contradict with the Qurʾān and the Sunnah. While looking at the other two criteria of being in line with ijmāʿ (consensus) and having a general impact, such resolutions might not fulfill the criteria of valid maṣlaḥah considering, respectively, the stand of collective ijtihād or the impact on the group of customers and institutions.

Originality/value

Most available shari’ah (Islamic law) research considers the perspective of fiqh (Islamic jurisprudence) while analyzing the issue of maṣlaḥah. This study aims to conduct analysis based on uṣūl al-fiqh. Moreover, maṣlaḥah itself is a broad concept, which can be abused. Hence, this study discusses the parameters of maṣlaḥah to understand the validity of an important juristic tool in Sharīʿah.

Details

ISRA International Journal of Islamic Finance, vol. 12 no. 1
Type: Research Article
ISSN: 0128-1976

Keywords

Open Access
Article
Publication date: 6 May 2021

Zakaria Mohamed Salem Elbarbary and Mohamed Abdullrahman Alranini

Silicon photovoltaics technology has drawbacks of high cost and power conversion efficiency. In order to extract the maximum output power of the module, maximum power point (MPP…

9479

Abstract

Purpose

Silicon photovoltaics technology has drawbacks of high cost and power conversion efficiency. In order to extract the maximum output power of the module, maximum power point (MPP) is used by implying the nonlinear behavior of I-V characteristics. Different techniques are used regarding maximum power point tracking (MPPT). The paper aims to review the techniques of MPPT used in PV systems and review the comparison between Perturb and Observe (P&O) method and incremental conductance (IC) method that are used to track the maximum power and gives a comparative review of all those techniques.

Design/methodology/approach

A study of MPPT techniques for photovoltaic (PV) systems is presented. Matlab Simulink is used to find the MPP using P&O simulation along with IC simulation at a steady temperature and irradiance.

Findings

MATLAB simulations are used to implement the P&O method and IC method, which includes a PV cell connected to an MPPT-controlled boost converter. The simulation results demonstrate the accuracy of the PV model as well as the functional value of the algorithms, which has improved tracking efficiency and dynamic characteristics. P&O solution gave 94% performance when configured. P&O controller has a better time response process. As compared to the P&O method of tracking, the incremental conductance response rate was significantly slower.

Originality/value

In PV systems, MPPT techniques are used to optimize the PV array output power by continuously tracking the MPP under a variety of operating conditions, including cell temperature and irradiation level.

Details

Frontiers in Engineering and Built Environment, vol. 1 no. 1
Type: Research Article
ISSN: 2634-2499

Keywords

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