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Article
Publication date: 29 September 2023

Burak Doğan and Sinan Ertemel

This study aims to analyze notable distribution dispute cases from Islamic law history. The authors will assess these alongside resolutions proposed by historical authorities…

Abstract

Purpose

This study aims to analyze notable distribution dispute cases from Islamic law history. The authors will assess these alongside resolutions proposed by historical authorities, some of which evolved into established Islamic case law. In addition, the authors intend to apply classic fair division rules to these cases, providing alternative solutions. Using a game-theoretical approach, the authors plan to compare Islamic solutions with traditional division rules through axiomatic analysis. The goal of this study is to systematically explore the unique principles underpinning Islamic distributions.

Design/methodology/approach

In this study, the authors collate Islamic inheritance law disputes involving conflicting claims, unresolvable by primary Islamic law sources, from historical and modern texts. The authors formally model these as claims problems, surplus-sharing problems and adapted claims problems. Concurrently, the authors gather the proposed solutions and historical backgrounds offered by the era’s authorities and jurists. These solutions are axiomatically generalized into rules, while the axioms characterizing distribution rules are checked if they are aligned with Islamic norms and values. This approach facilitates a comparison between Islamic distributions and classic division rules.

Findings

The 'Awl and Radd doctrines, used in Islamic inheritance law, are axiomatically equivalent to the Proportional Rule, a prevalent non-Jewish division rule. These doctrines present solutions impervious to manipulation by legal heirs through rights transfer, unlike other possible distributions. Ibn 'Abbas' solution for Awliyya cases uses sequential priorities and diverges uniquely from classic fair division rules in the literature. In addition, it is established that Abu Yusuf's (b. 729) distribution for a legal dispute is axiomatically identical to Abraham ibn Ezra's (b. 1089) division rule.

Research limitations/implications

There is a noticeable dearth of comprehensive studies investigating contentious disputes concerning resource claims within Islamic law. Many of these studies are lacking in-depth analyses of diverse cases, casting doubts on their reliability. As a result, a robust focus is needed on case collection prior to any analytical process. Future research should concentrate on collating instances of fair division problems throughout Islamic history, as well as separately collecting methods of Islamic sharing. This procedure may lead to the characterization of various Islamic regulations, thereby emphasizing distinct Islamic principles. In forthcoming studies, conducting an exhaustive axiomatic evaluation of the cases and proposed resolutions is imperative.

Practical implications

This research illuminates existing knowledge gaps, setting a course for novel research trajectories. It underlines the fair division literature’s oversight of disputes within Islamic law, despite the plentiful existence of contentious cases. The research underscores the relevance of cooperative game theory as a tool for dissecting Islamic legal disputes. By accounting for unique Islamic norms and principles, this study lays a foundation for a nuanced comprehension of the dynamics and outcomes of legal disputes. By integrating an interdisciplinary approach, this research strives to bridge the gap between game theory and Islamic law.

Social implications

Beyond addressing a significant research lacuna, this study carries extensive societal implications. By shedding light on enduring debates within Islamic law, it encourages a rejuvenated understanding of the evolution and interpretation of legal disputes. The axiomatic disparities between rulers’ and jurists’ methods provide invaluable insights within the Islamic context, bolstering the understanding of sociocultural dynamics that influence legal decision-making. This research has the potential to shape legal discourse, guide policymaking and spur scholarly, juristic and societal dialogue. Consequently, it may foster a more comprehensive and enlightened approach toward the resolution of legal disputes in Islamic law.

Originality/value

To the best of the authors’ knowledge, this study is the first to examine Islamic law’s historical legal disputes from a game-theoretical standpoint. Existing studies rarely collect distribution disputes systematically, and none scrutinize the axiomatic rationales underlying authorities’ and jurists’ distributions, opting instead to focus on historical backgrounds. While the fair division literature extensively examines disputes, it often overlooks those originating from Islamic law, which presents a rich source of disputes that can be modeled as fair division problems. This research makes a distinct contribution by incorporating disputes from Islamic law into the existing body of cooperative game theory literature.

Details

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

Keywords

Article
Publication date: 9 January 2009

Adnan Enshassi, Sherif Mohamed and Said El‐Ghandour

During the past few years, only a limited number of construction projects in Palestine were completed on time; indeed many of these projects had been delayed for reasons believed…

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Abstract

Purpose

During the past few years, only a limited number of construction projects in Palestine were completed on time; indeed many of these projects had been delayed for reasons believed to be outside the control of both the contractors and owners. Such delays have given rise to many claims and conflicts. The aim of this paper is to investigate this widespread phenomenon, and its associated problems, from the perspective of the local contractors.

Design/methodology/approach

The paper reports on a questionnaire‐based research investigation targeting local contractors with a focus on critical problems associated with the process of claim management, starting with claim identification, through to claim notification, examination, documentation, presentation, and negotiation.

Findings

The paper presents the survey results and main findings which indicate that: lack of site staff awareness to proactively detect claims, inaccessibility or unavailability of relevant documents, and conflicts arising during owner/contractor negotiation are all critical problems associated with the process of claim management.

Originality/value

The outcome of this research will assist local contractors in understanding the critical problems associated with the process of claim management; thus minimizing the number of, and cost associated with, claims and conflicts.

Details

Engineering, Construction and Architectural Management, vol. 16 no. 1
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 20 December 2007

Jason Chong Lee, Shahtab Wahid, D. Scott McCrickard, C. M. Chewar and Ben Congleton

Decades of innovation in designing usable (and unusable) interfaces have resulted in a plethora of guidelines, usability methods, and other design tools. The purpose of this…

Abstract

Purpose

Decades of innovation in designing usable (and unusable) interfaces have resulted in a plethora of guidelines, usability methods, and other design tools. The purpose of this research is to develop ways for novice developers to effectively leverage and contribute to the large and growing body of usability knowledge and methods.

Design/methodology/approach

This work presents the first extensive usage evaluation of an integrated design environment and knowledge management system, LINK‐UP. Key to this effort is the central design record (CDR), a design representation meant to prevent breakdowns occurring between design and evaluation phases.

Findings

The case study results show that a design knowledge IDE centered on the CDR can help novices make connections between requirements data, design representations and evaluation data and better understand how to leverage that information to improve designs.

Research limitations/implications

Future efforts are focusing on exploring the utility of this approach for practitioners—especially agile developers.

Practical implications

A useful process and toolset for teaching usability design to novice developers and students.

Originality/value

The CDR makes designs coherent and understandable, thus supporting a principled, guided development process critical for student developers.

Details

Interactive Technology and Smart Education, vol. 4 no. 3
Type: Research Article
ISSN: 1741-5659

Keywords

Article
Publication date: 22 December 2021

Majid Parchamijalal, Saeed Moradi and Mohsen Zabihi Shirazi

Claim formation is a fact and a regular occurrence in construction industry projects and often leads to a waste of money and time for organizations. Organizations can, however…

Abstract

Purpose

Claim formation is a fact and a regular occurrence in construction industry projects and often leads to a waste of money and time for organizations. Organizations can, however, reduce and control claims by promoting an integrated claim management system and improving productivity in the results of the claims. Establishing a claim management office is one of the ways to help organizations achieve this.

Design/methodology/approach

Based on library research, expert opinion and analysis of organizations' contracts as case studies and identifying the root causes of the claim, this paper proposes a claim management office maturity model and determines its levels.

Findings

This paper proposes a claim management office maturity model and also determines its levels. The general structure of this model is based on three parameters: “characteristics of each level,” “requirements of each level” and “transition period of each level” in five levels, where the first level is the most basic level and level five is the highest level of the implementation of a claim management office in the organization.

Originality/value

It can be clearly emphasized that this research is one of the first research studies that has dealt with the issue of claim management office in the construction industry and has proposed the model of maturity and development of claim management office in the organization. The use of numerous and experienced experts in achieving the results and case organizations to develop this research has increased the value and credibility of this research. This study also helps to improve the level of claim management in construction industry organizations so that these organizations can implement each level of claim management maturity model in the organization according to their competence and need for claim management. And by implementing it correctly, solve or reduce the problems of claim management in the organization and their projects.

Details

Engineering, Construction and Architectural Management, vol. 30 no. 1
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 January 1995

The critical dimension and the one that can unify knowledge through systemic interrelationships, is unification of the purely a priori with the purely a posteriori parts of total…

Abstract

The critical dimension and the one that can unify knowledge through systemic interrelationships, is unification of the purely a priori with the purely a posteriori parts of total reality into a congruous whole. This is a circular cause and effect interrelationship between premises. The emerging kind of world view may also be substantively called the epistemic‐ontic circular causation and continuity model of unified reality. The essence of this order is to ground philosophy of science in both the natural and social sciences, in a perpetually interactive and integrative mould of deriving, evolving and enhancing or revising change. Knowledge is then defined as the output of every such interaction. Interaction arises first from purely epistemological roots to form ontological reality. This is the passage from the a priori to the a posteriori realms in the traditions of Kant and Heidegger. Conversely, the passage from the a posteriori to a priori reality is the approach to knowledge in the natural sciences proferred by Cartesian meditations, David Hume, A.N. Whitehead and Bertrand Russell, as examples. Yet the continuity and renewal of knowledge by interaction and integration of these two premises are not rooted in the philosophy of western science. Husserl tried for it through his critique of western civilization and philosophical methods in the Crisis of Western Civilization. The unified field theory of Relativity‐Quantum physics is being tried for. A theory of everything has been imagined. Yet after all is done, scientific research program remains in a limbo. Unification of knowledge appears to be methodologically impossible in occidental philosophy of science.

Details

Humanomics, vol. 11 no. 1
Type: Research Article
ISSN: 0828-8666

Book part
Publication date: 18 April 2009

Jennifer Earl

This article argues that troubles – including how they are identified, how responsibilities for their creation and remedy are assigned, and the actions people pursue to resolve…

Abstract

This article argues that troubles – including how they are identified, how responsibilities for their creation and remedy are assigned, and the actions people pursue to resolve them – are a central sociological concern that runs across a wide array of sub-fields. This article illustrates this point by examining how troubles are discussed in literatures including the sociology of law (or, more broadly, law and society), social movement studies, social problems, and organizational quality and conflict. Furthermore, this article argues that more is being lost by parceling these questions into disconnected sub-fields chosen based on the resolution process (i.e., use a court to resolve the problem, use a social movement, use policy-making) than is being intellectually gained. To make this point, common findings, questions, and quandaries that emerge from a broader examination of a sociology of troubles are discussed. The article recommends that a broader sociology of troubles be developed, bringing the welter of sub-fields studying troubles into smoother conversation, and recommends analyses that consider multiple resolution alternatives (e.g., filing a lawsuit, versus protesting, versus “lumping it”).

Details

Access to Justice
Type: Book
ISBN: 978-1-84855-243-2

Article
Publication date: 1 March 2001

Z. REN, G.J. ANUMBA and O.O. UGWU

Disputes are now considered endemic in the construction industry. They often arise from the poor resolution of claims in the course of construction projects. Efforts have been…

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Abstract

Disputes are now considered endemic in the construction industry. They often arise from the poor resolution of claims in the course of construction projects. Efforts have been geared towards reducing the incidence of claims. These efforts are of two kinds: those that seek answers from basic principles and legal issues at the pre‐construction phase and those that attempt to solve the problems through claims management procedures at the construction phase. This paper reviews the developments in claims management and highlights the deficiencies in current claims management approaches. It focuses on the need for improvement of the efficiency of claims negotiation and suggests the use of multiagent systems as an approach to achieve it. The potential benefits of the suggested approach are discussed in the concluding section of the paper.

Details

Engineering, Construction and Architectural Management, vol. 8 no. 3
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 4 September 2009

Mark N. Wexler

The purpose of this paper is to explore the relevance for sociologically minded planners and policy analysts of the neglected moral dimension of wicked problems.

6280

Abstract

Purpose

The purpose of this paper is to explore the relevance for sociologically minded planners and policy analysts of the neglected moral dimension of wicked problems.

Design/methodology/approach

A review of the literature on the wicked‐tame problem distinction reveals three critical deficiencies: a fixed focus on dynamic complexity; a neglect of the applied knowledge market and the assumption that wicked problems, in time, are tamable. These deficiencies, in light of the call to dialogue and participation in working through wicked problems, result in four interrelated normative problems.

Findings

These normative problems are the: responsibility nexus; risk of false assurance; politics of urgency; and claim to be on the knowledge frontier.

Practical implications

Addressing these normative problems in working with wicked problems requires less marketing of the silver bullet elements of the solution and more attention to that portion of the wicked problem which still requires attention.

Originality/value

This is the first work to return to Churchman's call to policy analysts, planners and designers to take the moral dimensions of wicked problems in hand when working with intractable network‐based problems requiring ongoing client/user participation.

Details

International Journal of Sociology and Social Policy, vol. 29 no. 9/10
Type: Research Article
ISSN: 0144-333X

Keywords

Book part
Publication date: 5 February 2010

Michael Petrunik and Adina Ilea

Purpose – This chapter explores claims of social problem workers in criminal justice and mental health with regard to how to manage males who are identified as or self-identify as…

Abstract

Purpose – This chapter explores claims of social problem workers in criminal justice and mental health with regard to how to manage males who are identified as or self-identify as both victims and perpetrators (V/Ps) of sexual abuse. We also examine the claims of V/Ps with regard to how they manage their dual status.

Methodology – This chapter is based on an action research project on intervention services for V/Ps in Ontario, Canada. Our data include literature reviews, interviews with intervention professionals, V/P narratives, and a transcription of a stake-holder's workshop.

Findings – Intervention workers whose mandate is offender risk management state they give little attention to victimization-related issues of V/Ps, whereas workers in victims’ services often state that adult V/Ps are not covered under their mandate. This suggests that the status of offender is the master status for adult V/Ps. Our V/P narratives recount efforts at self-management and some V/Ps and intervention professionals have expressed interest in the possibility of developing programs specially designed for V/Ps.

Practical Implications – An examination of issues related to the dual status of sexual abuse V/Ps suggests that V/Ps may require special services that cannot be provided by existing programs for perpetrators and victims.

Originality/Value of Paper – Studies of social problem work might benefit from considering not only professionals’ viewpoints but also those of their clients. This chapter explores new intervention models (GLM and RJ) that incorporate ethical concerns based on a rights perspective (“moral repair”) and the experiential concerns of V/Ps.

Details

New Approaches to Social Problems Treatment
Type: Book
ISBN: 978-1-84950-737-0

Article
Publication date: 1 March 2007

AMR A G Hassanein and Waleed El Nemr

The term claim has become of paramount significance in construction projects worldwide. This research is targeted at providing a deeper insight of the status of claims management…

Abstract

The term claim has become of paramount significance in construction projects worldwide. This research is targeted at providing a deeper insight of the status of claims management in general and change order claims in particular with respect to the Egyptian industrial construction sector, as change orders have proven to be the main cause of claims in this sector. A questionnaire focusing on persistent issues noted in construction management literature within the past fifteen years was addressed to a selected sample of Egyptian construction industrial projects. The results furnished by the sampled projects demonstrated clearly that claims management in the Egyptian industrial construction sector has been suffering from a variety of impediments, including lack of proper notification procedures in public contracts and poor documentation management. The results indicated that oral change orders were present in nearly 76% of the sample projects and that half of these oral changes resulted in loss of rights due to improper documentation, which could be attributed to the lack of the contract awareness of the site team and to the “fear of consultant” phenomenon. The main cause of change orders was categorised by approximately 67% of the respondents as the additional scope of work, which was largely attributed to the fast track nature of the industrial sector. The research also identified several factors associated with time and cost increases of the sampled projects, among which were: private ownership and unit rate contracts. Finally, several recommendations for improving claims management are put forward. They included: the formation of a unified form of general contract condition for all the Egyptian industrial sector; the use of information technology systems in lieu of traditional filing procedures and the inclusion of a float‐sharing provision in contracts.

Details

Journal of Financial Management of Property and Construction, vol. 12 no. 1
Type: Research Article
ISSN: 1366-4387

Keywords

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