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Article
Publication date: 27 August 2024

Md. Habibur Rahman, Md. Faruk Abdullah, Noor Mohammad Osmani and Nur Suhailah Zakiyyah Binti Aziz

This study aims to investigate the possibility of practicing cross-subsidisation of underwriting surplus among different takaful operators. It responds to the recent discussion…

Abstract

Purpose

This study aims to investigate the possibility of practicing cross-subsidisation of underwriting surplus among different takaful operators. It responds to the recent discussion paper published by Bank Negara Malaysia (BNM) on broader application of tàawun (mutual assistance), which seeks insights into cross-tàawun of underwriting surplus within takaful industry.

Design/methodology/approach

A qualitative, semi-structured interview is used to gather primary data, featuring 13 one-to-one interviews with selected Sharìah and operational experts in takaful. Open-ended questions are drafted according to BNM’s discussion paper to guide the interview. A content analysis method is used to delve into the topic based on scholarly papers, books and regulatory guidelines. A thematic analysis is applied to explore the qualitative data.

Findings

This study establishes the feasibility of cross-subsidisation of underwriting surplus in takaful. Given that participants are the rightful owners of the underwriting surplus, cross-tàawun is deemed permissible with participants’ consent. With the view that underwriting surplus belongs to the fund due to outright transfer of contributions by participants, the regulators have discretion to permit cross-tàawun. The authorities can make any decision if it serves the public interest. Furthermore, the study provides Sharìah and regulatory requirements to govern the practice of cross-tàawun in takaful. Respondents of the study advocate for policy reviews and regulatory adjustments to facilitate cross-subsidisation of takaful surplus.

Practical implications

This study significantly contributes to the existing body of knowledge in Islamic insurance studies. It offers valuable insights for the regulators to formulate the required policies and guides takaful operators to develop products accordingly. Moreover, the study supports Sharìah scholars in making informed decisions about cross-tàawun practices.

Originality/value

This study fills a critical gap in the existing literature by being the first to examine cross-subsidisation of underwriting surplus in takaful. The proposed cross-subsidisation of underwriting surplus will enhance sustainability of takaful funds and contribute to stability of takaful industry. As a foundation, this study encourages future research to explore other relevant aspects of cross-subsidisation of underwriting surplus in takaful operation.

Details

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

Keywords

Book part
Publication date: 2 September 2024

Alison Koslowski, Bronagh Byrne, Jackie Gulland and Peter Scott

This chapter explores the role of an ethics committee led by disabled academics, in supporting co-produced disability research beyond academia, in the context of a five-year…

Abstract

This chapter explores the role of an ethics committee led by disabled academics, in supporting co-produced disability research beyond academia, in the context of a five-year research programme in the UK (2015–2020). This chapter includes reflections by the Ethics Committee members, alongside documentary research which analysed the communications between the Ethics Committee and the research projects it supported. This review of the role of the Ethics Committee showed that there were dilemmas in considering the boundaries between ethical review and providing pedagogic advice on research design, and in balancing its role in supporting and regulating research. Ethics review processes are sometimes seen as overly bureaucratic and as an obstacle course for researchers, and this was also sometimes the case for projects supported by the DRILL (Disability Research on Independent Living and Learning) Ethics Committee. Lessons to be learned from the process included that communication between ethics committees and researchers is key, and that ethics review can be a two-way process, recognising the expertise of both the researchers and the reviewers, thus mirroring the principles of co-production. We suggest that an alternative model for ethics review process could build on this generally positive experience of the DRILL Ethics Committee.

Content available
Article
Publication date: 29 February 2024

Samiksha Mathur and Sonu Agarwal

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal…

Abstract

Purpose

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.

Design/methodology/approach

The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.

Findings

The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.

Research limitations/implications

The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.

Originality/value

The paper fulfils an identified gap in the positioning of IOs under the international law.

Details

International Journal of Law and Management, vol. 66 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 6 September 2024

Subaveerapandiyan A, Amreen Taj, Naved Ahmad, Manoj Kumar Verma and Mohammed Gulzar Ahmed

This study aims to explore the knowledge, attitudes, and experiences of PhD students in India regarding research ethics and institutional review boards (IRBs), assess awareness…

Abstract

Purpose

This study aims to explore the knowledge, attitudes, and experiences of PhD students in India regarding research ethics and institutional review boards (IRBs), assess awareness levels, identify training gaps, examine ethical priorities and understand challenges in the IRB application process.

Design/methodology/approach

A quantitative approach was used, and a self-evaluator questionnaire was distributed electronically to PhD students. Data collection occurred between 1 March 1 and 30 March 2024, with analysis conducted using SPSS software.

Findings

The study reveals a significant gap in formal training on IRB procedures within PhD programs and challenges in completing IRB applications despite recognising ethical priorities such as informed consent and confidentiality.

Originality/value

This study provides insights into PhD students’ perspectives on research ethics and IRBs in India, highlighting the need for enhanced education and awareness initiatives to promote responsible conduct and safeguard research participants.

Details

Global Knowledge, Memory and Communication, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9342

Keywords

Book part
Publication date: 27 September 2024

Thammarak Moenjak

This chapter first reviews open banking, a key data sharing initiative promoted by various central banks and regulators around the world to help nudge competition, innovation and…

Abstract

This chapter first reviews open banking, a key data sharing initiative promoted by various central banks and regulators around the world to help nudge competition, innovation and better financial services for consumers in the digital age. The chapter then reviews various models and approaches as well as key success factors of open banking, as well as the extensions of open banking into open finance in various jurisdictions.

Book part
Publication date: 26 September 2024

Jakob B Sørensen

Clause 4 [The Contractor] outlines the main provisions applying to the Contractor and their obligations in the execution of the Works. Clause 4 is one of the most important…

Abstract

Clause 4 [The Contractor] outlines the main provisions applying to the Contractor and their obligations in the execution of the Works. Clause 4 is one of the most important Clauses in the GC as it outlines the majority of the Contractor's core obligations.

Details

FIDIC Yellow Book: A Companion to the 2017 Plant and Design-Build Contract, Revised Edition
Type: Book
ISBN: 978-1-83608-164-7

Keywords

Book part
Publication date: 26 September 2024

Jakob B Sørensen

In general, this Clause deals with the requirements pertaining to the recruitment and employment of Contractor’s Personnel. ‘Staff and Labour’ are not defined terms but this…

Abstract

In general, this Clause deals with the requirements pertaining to the recruitment and employment of Contractor’s Personnel. ‘Staff and Labour’ are not defined terms but this Clause deals primarily with Contractor’s Personnel, i.e. also the employees of Subcontractors and ‘any other personnel assisting the Contractor in the execution of the Works’, see Sub-Clause 1.1.16. However, some of the Sub-Clauses in Clause 6 [Staff and Labour] do not make it clear whether they relate solely to the Contractor’s ‘staff and labour’ or to Contractor’s Personnel in general, but this could be clarified in the Special Provisions

Details

FIDIC Yellow Book: A Companion to the 2017 Plant and Design-Build Contract, Revised Edition
Type: Book
ISBN: 978-1-83608-164-7

Keywords

Article
Publication date: 24 November 2023

Sharyn Rundle-Thiele, Taylor Jade Willmott, Nadine McKillop, Pamela Saleme Ruiz and Anna Kitunen

Recognising current, significant rates of youth sexual violence and abuse (YSVA) and the need for more comprehensive prevention approaches to combat this social issue, new…

Abstract

Purpose

Recognising current, significant rates of youth sexual violence and abuse (YSVA) and the need for more comprehensive prevention approaches to combat this social issue, new approaches are required to ensure that agency is given to the people who are most affected and who know their lives the best. This paper aims to report a youth-led (Young Voices United [YVU] Committee) participatory design approach aimed at delivering the highest level of engagement to understand what people agree is needed to reduce YSVA in their own communities.

Design/methodology/approach

The seven-step co-design (Trischler et al., 2019) process was implemented following ethical clearance. Over five months, 13 group co-design sessions involving 102 young people aged 12–25 years, 17 parents/caregivers (including young mums) and 9 teacher/guidance officers were conducted. Purposive sampling was undertaken to ensure that young people who had previously experienced YSVA or were most at risk of experiencing YSVA were overrepresented. Convenience sampling was used to gain wider community involvement in co-design. Four sessions were facilitated by YVU members, who were aged between 12 and 25 years, and more than 66 people helped the design team. Inductive thematic analysis identified emergent themes across completed co-design sessions.

Findings

New ideas and solutions to prevent YSVA can be identified by young people who have previously experienced violence, carers, other young people and community members. A core finding in this study is the need for positive relationship role models and an enhanced understanding of consent. Education and training, a community promotional campaign, sector involvement, capacity-building and consideration of the unique needs of different target audiences were key ideas emerging from youth-led co-design. The YVU Committee provided recommendations for resource prioritisation.

Social implications

This youth-led co-design process empowered the community. Project stakeholders have since formed partnerships won funding and used that funding to co-design and trial a new programme aiming to provide a safe haven for young people at risk of YSVA. The pilot programme delivers a safe and supportive environment for young people delivered at a time when it is needed most. Other geographical areas are now seeking to replicate the programme. The co-design processes and tools detailed in this study can be adapted to the design of programmes for those already engaged with the youth justice system and should be considered as part of a public health approach to effectively prevent and respond to YSVA and other youth crimes.

Originality/value

This paper advances understanding, providing a practical approach that ensures youth views are given weight [audience and influence described in Lundy’s (2007) participatory framework]. This paper explains how the YVU Committee, established at the commencement of the project, oversaw the community co-design effort, which followed Trischler et al.’s (2019) seven-step co-design process. Ideas were generated, and consensus views were consolidated, delivering the highest level of engagement according to Willmott et al.’s (2022) methodology, agent of change, training and engagement taxonomy. The participatory design method led to high levels of community engagement, and the success of the project is attributed to the establishment of the YVU Committee and stakeholder support.

Details

Safer Communities, vol. 23 no. 4
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 12 September 2024

Gerd Berget and Birgit Kvikne

User diversity has been discussed in many fields of study for decades. Nevertheless, some cohorts are rarely included in mainstream research. According to the concept of universal…

Abstract

Purpose

User diversity has been discussed in many fields of study for decades. Nevertheless, some cohorts are rarely included in mainstream research. According to the concept of universal design of research (UDR), people with disabilities should be more often included in participant pools. There is, however, a need for certain methodological considerations to achieve UDR.

Design/methodology/approach

The suggested guidelines are based upon existing guidelines and research in addition to key takeaways from studies conducted by the authors over the past 15 years. Six studies are used to show how the guidelines can be applied in research involving three example cohorts, namely people with dyslexia, aphasia and intellectual disability.

Findings

Extensive guidelines are needed to increase user inclusion in mainstream studies and support researchers in conducting purposeful and ethical research. The suggested guidelines should be examined for other cohorts to ensure that all types of user needs are accommodated.

Research limitations/implications

This study contributes with methodological approaches to enhance inclusion of all types of participants in mainstream research.

Originality/value

The main contribution is The seven principles of UDR, a further development of the original principles for UDR.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 27 September 2024

Thammarak Moenjak

This chapter takes an overview look at open digital infrastructures for financial services: what they are, why they are important for digital financial landscape, and thus why the…

Abstract

This chapter takes an overview look at open digital infrastructures for financial services: what they are, why they are important for digital financial landscape, and thus why the central banks might need to take an active role to promote them. This chapter also reviews some concrete examples of open digital infrastructures in various jurisdictions to give some context.

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