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Article
Publication date: 14 August 2023

Rio Erismen Armen, Engku Rabiah Adawiah Engku Ali and Gemala Dewi

This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government…

Abstract

Purpose

This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government decision to use ṣukūk (as an Islamic financial instrument) in the financing of state budget deficit. Some legal issues emerged after the ratification such as the necessity to synchronize the beneficial right with other property rights in Indonesia and the disharmony between laws related to sovereign ṣukūk issuance.

Design/methodology/approach

The study uses a qualitative method with library study and interviews with relevant legal experts in Indonesia as the data collection techniques.

Findings

The findings show that the passage of Sovereign Ṣukūk Law 2008 that ratified beneficial right deemed as a concession point by the government to solve conflicts between legal restriction and employment of state-owned assets as the underlying asset of sovereign ṣukūk. The study deemed the necessity to improve the use of beneficial right in the Indonesian legal system which by the concept is not exercised for the issuance of sovereign ṣukūk only. There is the need to harmonize the administration of this right with other property rights in Indonesia.

Research limitations/implications

The scope of study will be limited to the Indonesian regulation related to the use of beneficial right concept in the issuance of sovereign ṣukūk in Indonesia. The regulation as mentioned will be in the form of statutes, presidential or ministerial regulations, and also opinions of Indonesian legal and sharīʿah scholars regarding the matter.

Originality/value

This study may explore significantly the use of beneficial right for the issuance of sovereign ṣukūk by the Government of Indonesia. Specifically, the study reveals and addresses the issues that are following the ratification of beneficial rights originated from the common law system into the Indonesian civil law system.

Details

International Journal of Law and Management, vol. 65 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 5 March 2010

Hongpeng Liu

The purpose of this paper is to evaluate the actual status of roles and responsibilities of boards in nonprofit organizations in China by comparative analysis and through setting…

1297

Abstract

Purpose

The purpose of this paper is to evaluate the actual status of roles and responsibilities of boards in nonprofit organizations in China by comparative analysis and through setting the USA as a frame of reference.

Design/methodology/approach

Five roles and responsibilities are compared between Chinese and American nonprofits. Among Chinese nonprofits, foundations and associations are compared. Both primary and secondary data are used.

Findings

On the roles and responsibilities of nonprofit boards, developed countries such as the USA are more active than China. Within China, boards of foundations are more active than the boards of associations.

Research limitations/implications

Small sampling limits universality and applicability of this paper's conclusions. Every sort of role and responsibility are not further divided.

Originality/value

This paper examines the extent to which boards fulfill roles and responsibilities, and provides reference effects for further researches and for improvement of board governance of nonprofits in China.

Details

Nankai Business Review International, vol. 1 no. 1
Type: Research Article
ISSN: 2040-8749

Keywords

Article
Publication date: 15 February 2021

Nik Abdul Rahim Nik Abdul Ghani, Ahmad Dahlan Salleh, Amir Fazlim Jusoh @ Yusoff, Mat Noor Mat Zain, Salmy Edawati Yaacob, Azlin Alisa Ahmad and Muhammad Yusuf Saleem

This paper critically aims to examine the concept of beneficial ownership and its application in musharakah-based home financing.

Abstract

Purpose

This paper critically aims to examine the concept of beneficial ownership and its application in musharakah-based home financing.

Design/methodology/approach

The study applies the method of juristic interpretation in analyzing the meaning of beneficial ownership in legal documentation of musharakah-based home financing. This qualitative study uses content analysis approach that investigates the works of Islamic scholars on the concept of ownership and evaluates the concept of beneficial ownership in musharakah-based home financing from the Islamic perspective.

Findings

The result finds that beneficial ownership is considered a true ownership, as Shari’ah allows the transfer of ownership based on the offer and acceptance in a contract. Furthermore, the absence of legal registration does not mean the absence of true ownership, whereas all documentations and agreements have clearly stated rights and liabilities of each contracting parties.

Originality/value

This paper provides a fiqhi discussion of analyzing beneficial ownership in musharakah-based home financing. It shows that Shari’ah parameters are essential for the use of beneficial ownership to ensure its compliance with the Shari’ah requirements of milkiyyah (ownership).

Details

Qualitative Research in Financial Markets, vol. 13 no. 2
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 11 May 2015

Ruth Tacneng

The purpose of this paper is to examine the impact of minority foreign ownership on the risk taking behavior and performance of domestic banks in a country where foreign ownership…

1098

Abstract

Purpose

The purpose of this paper is to examine the impact of minority foreign ownership on the risk taking behavior and performance of domestic banks in a country where foreign ownership restrictions are imposed.

Design/methodology/approach

Mainly controlled by family business groups, the authors examine the extent by which the presence and the level of foreign ownership and voting rights affect domestic bank behavior.

Findings

The results show that compared with those purely domestic-owned, banks with foreign shareholdings have lower levels of insider lending and have higher loan portfolio quality. Moreover, the authors find an increase in foreign voting rights effective in raising risk-adjusted returns and in lowering default risk. This positive effect on performance, however, ceases at higher levels of control manifested by the majority domestic shareholder.

Research limitations/implications

Overall, this study shows that there are significant benefits derived from minority foreign shareholder presence in Philippine domestic banks.

Originality/value

This paper contributes to the debate of whether it may be beneficial to reduce or completely lift the foreign ownership restrictions imposed on the banks in the country.

Details

Managerial Finance, vol. 41 no. 5
Type: Research Article
ISSN: 0307-4358

Keywords

Article
Publication date: 1 April 2005

Bert van de Ven

This article discusses the appeal of human rights as a normative basis for stakeholder claims in the context of international business. This appeal to human rights has proven to…

3062

Abstract

This article discusses the appeal of human rights as a normative basis for stakeholder claims in the context of international business. This appeal to human rights has proven to be an effective way to legitimize (in the sociological sense) the claims of stakeholders due to their proclaimed universal validity and the media interest in stories about human right violations. A problem for corporations that have to deal with claims based on human rights is that there seems to be little room to weigh these claims against the corporation’s interest and other stakeholder claims, since human rights are believed to override self‐interest. Furthermore, stakeholder theory as it stands, does not provide for a criterion to weigh human rights claims against the claims of (other) stakeholders. Following recent versions of stakeholder theory, claims based solely on human rights do not even qualify some person or group as a stakeholder. So the position of human rights‐based claims within organizational ethics remains unclear in stakeholder theory. The question this article tries to answer, is whether a corporation has a moral obligation to fulfil claims that are based solely on human rights and how this relates to the obligations a firm has to its stakeholders.

Details

Corporate Governance: The international journal of business in society, vol. 5 no. 2
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 1 February 1990

Jo Carby‐Hall

Although workers' organisations operated in the early nineteenth century and “…. workers in every trade were becoming very much alive to the necessity for defending their…

256

Abstract

Although workers' organisations operated in the early nineteenth century and “…. workers in every trade were becoming very much alive to the necessity for defending their standards”, nevertheless “The first twenty years of the nineteenth century, witnessed a legal persecution of trade unionists as rebels and revolutionists”. The beginnings of modern trade unionism may be traced to about 1850 where a number of craft unions, as for example, miners' and engineering unions, were successful in establishing themselves, and slowly building up their financial resources and thus acquiring sufficient strength to enable them to bargain on almost equal terms with the employer.

Details

Managerial Law, vol. 32 no. 2
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 1 May 2009

Gordon Boyce, Wanna Prayukvong and Apichai Puntasen

Social and environmental accounting research manifests varying levels of awareness of critical global problems and the need to develop alternative approaches to dealing with…

Abstract

Social and environmental accounting research manifests varying levels of awareness of critical global problems and the need to develop alternative approaches to dealing with economy and society. This paper explores Buddhist thought and, specifically, Buddhist economics as a means to informing this debate. We draw on and expand Schumacher's ideas about ‘Buddhist economics’, first articulated in the 1960s. Our analysis centres on Buddhism's Four Noble Truths, the Noble Eightfold Path and associated Buddhist teachings. The examination includes assumptions, means and ends of Buddhist approaches to economics; these are compared and contrasted with conventional economics.To consider how thought and practice may be bridged, we examine a practical application of Buddhism's Middle Way, in the form of Thailand's current work with ‘Sufficiency Economy’.Throughout the paper, we explore the implications for the development of social accounting, looking for mutual interactions between Buddhism and social accounting thought and practice.

Details

Extending Schumacher's Concept of Total Accounting and Accountability into the 21st Century
Type: Book
ISBN: 978-1-84855-301-9

Article
Publication date: 27 March 2020

Sonja Cindori and Ana Manola

Based on an overview of the anti-money laundering initiatives in the sport sector and recent efforts of money launderers focused toward finding alternative channels for money…

Abstract

Purpose

Based on an overview of the anti-money laundering initiatives in the sport sector and recent efforts of money launderers focused toward finding alternative channels for money laundering operations, the purpose of this paper is to present the modus operandi of money laundering in the football sector especially.

Design/methodology/approach

Specifics of money laundering through the football sector have been analyzed using deductive and inductive methods. This paper provides a review of the existing anti-money laundering initiatives in the sport sector to highlight the specific features of sport that increase money-laundering risks in the football sector. Certain risks have been analyzed and linked to risk areas and money laundering methods as a way of demonstrating established modus operandi.

Findings

Analyzed vulnerabilities that arise from the structure, financial characteristics and culture of the football sector represent an increased risk of money laundering in a condition where potential money launderers achieve status of investors, football agents or owners of football clubs and players. Taking some of these roles allows money launderers to enter into transactions related to the acquisition of ownership over football clubs or player transfers. Such types of transactions are particularly exposed to abuse for the purposes of the money laundering process due to their unique features.

Originality/value

Through a wide range of clarified risks and money laundering methods applicable to the football sector, this paper offers a comprehensive review of the existing money laundering threats in the football sector and proposals of prevention.

Details

Journal of Money Laundering Control, vol. 23 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 12 April 2013

Asmadi Mohamed Naim, Mohamad Yazid Isa and Mohd Liki Hamid

This paper aims to analyse the new standards on Sukuk which was issued by the Accounting and Auditing Organization for Islamic Financial Institution (AAOIFI) as a result of the…

2907

Abstract

Purpose

This paper aims to analyse the new standards on Sukuk which was issued by the Accounting and Auditing Organization for Islamic Financial Institution (AAOIFI) as a result of the strong critics posed by Shaykh Taqi in the end of 2007 that 85 percent of Sukuk issuance were not in line with the teachings of Shariah.

Design/methodology/approach

This study reviewed samples of Sukuk prior and after the new AAOIFI pronouncement by focusing on controversial areas such as ownership transfer, pricing and guarantee element. This paper used content analysis approaches to analyse the pronouncement and the samples.

Findings

The findings showed that there were negligible changes on the principle term and condition (PTC) of the Sukuk after the pronouncement, thus it did not have much effect in changing the Shariah Advisors and industry players when deciding more authentic principles and decisions.

Originality/value

Based on the findings, it is acceptable that the advisors tried their very best in making efforts to minimize controversial decisions as to suit current financial practices.

Details

Journal of Islamic Accounting and Business Research, vol. 4 no. 1
Type: Research Article
ISSN: 1759-0817

Keywords

Article
Publication date: 6 April 2012

Michelle Redman, Eleanor Taylor, Reuben Furlong, Ged Carney and Beth Greenhill

People with learning disabilities are vulnerable to human rights violations, creating a need for human rights education for both services users and support staff. This research…

857

Abstract

Purpose

People with learning disabilities are vulnerable to human rights violations, creating a need for human rights education for both services users and support staff. This research paper aims to examine factors contributing to effective human rights training for staff. It seeks to investigate human rights awareness training (HRAT) within an NHS setting and its effect on human rights knowledge and attitudes towards human rights.

Design/methodology/approach

A total of 23 support staff were given HRAT, completing a “human rights based approach knowledge quiz” and an “attitudes to human rights questionnaire” before and after training.

Findings

The results indicated that HRAT had a significant effect on human rights knowledge scores; however, training had no significant effect on attitudes towards human rights and no significant relationship between staff attitude and human rights knowledge was found.

Research limitations/implications

Future training would benefit from a greater focus on psychological theories of attitudes and behaviour in the planning, execution and evaluation of the training. This may help to facilitate development of positive attitudes towards human rights. A validation of the measure of attitudinal change is needed. Training models with a greater emphasis on staff's emotional responses, defences and the impact of organisational culture may allow a deeper understanding of the complexities of delivering effective human rights training.

Originality/value

This research paper highlights the need for human rights training; one that encompasses attitudinal change as well as basic education. Without effective training to secure staff engagement in organisational change, human rights legislation is unlikely to create meaningful change in the lives of people with learning disabilities.

Details

Tizard Learning Disability Review, vol. 17 no. 2
Type: Research Article
ISSN: 1359-5474

Keywords

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