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1 – 4 of 4This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This…
Abstract
Purpose
This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.
Design/methodology/approach
This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.
Findings
The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.
Research limitations/implications
The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.
Originality/value
To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.
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Juan Zhang, Xi Gao, Xi Hong and Hamish Coates
Although doctoral education has experienced substantial development in recent decades, it remains an elite, hence fragile, dimension of university policy and practice. This study…
Abstract
Purpose
Although doctoral education has experienced substantial development in recent decades, it remains an elite, hence fragile, dimension of university policy and practice. This study aims to articulate perspectives to guide the next phase of strengthening and growth.
Design/methodology/approach
Working from theoretical and empirical research conducted in China, including scholarship on workforce ecosystems, education design and the student experience, this study contributes a framework with qualitative insights which clarify the goals and experiences of doctoral education in ways that will render it more relevant, effective and contributing.
Findings
The paper identifies areas for doctoral reform to ensure career readiness, including three distinctive outcomes and four indispensable experiences.
Originality/value
This study advances a doctoral design framework which can render transparent the substance of programs and prompt program coordinators to develop and ensure career relevance.
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The purpose of this research is to increase academic understanding of the relationship between systems' political identity and their viability, and to contribute to…
Abstract
Purpose
The purpose of this research is to increase academic understanding of the relationship between systems' political identity and their viability, and to contribute to anarchist-cybernetics by examining the idea of organization proposed by Malatesta using Viable Systems. The research also develops the understanding of the relationship between Viable Systems and the environment.
Design/methodology/approach
The author developed a content analysis method that uses dynamic analysis, identifying how some variables affect others, and data is analysed using the Viable Systems Model. The author used Dynamic Causal Diagrams and the Viable System Model to draw conclusions and build theory. The author examined 137 documents produced by Errico Malatesta, studying in detail 39 documents containing the researched concepts.
Findings
The article identifies the literature, proposes an organizational theory for society and for cooperatives, strongly grounded in both, self-management and control. It presents a theory of self-management as a balancing effort to the control exercised by the external economic, political and societal forces of the environment. The literature also shows a form of organization that can be interpreted using the VSM framework. The ideas about self-management found in the literature, extend to economics, social theory, ethics, organizations, management and even operations management. The article finishes proposing a set of committees linked to the VSM structure, and successfully bridges anarchism and organizational cybernetics.
Originality/value
The article presents a novel method of systems analysis for the study of literature. It discovers the theory proposed by Malatesta not identified previously. Using the VSM framework, the ideas presented by the author, are translated into the organizational identity, and the operation of cooperatives. It makes an important contribution to anarchist-cybernetics.
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