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1 – 5 of 5This 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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Eva Wagner, Helmut Pernsteiner and Aisha Riaz
This study aims to provide insights into gender diversity in Pakistani boardrooms, particularly for the dominant family business type, which is strongly guided by (non-financial…
Abstract
Purpose
This study aims to provide insights into gender diversity in Pakistani boardrooms, particularly for the dominant family business type, which is strongly guided by (non-financial) family-related objectives when making business decisions, such as the appointment of board members. Pakistani companies operate within the framework of weak legal institutions and a traditionally highly patriarchal environment. This study examines how corporate decisions regarding the appointment of female board members play out in this socio-political and cultural environment.
Design/methodology/approach
Board composition and board characteristics were examined using hand-collected data from 213 listed family firms and non-family firms on the Pakistan Stock Exchange from 2003 to 2017. Univariate analyses, probit regressions and robustness tests were performed.
Findings
Pakistani family firms have a significantly higher proportion of women on their boards than do non-family firms. They are also significantly more likely to appoint women to top positions, such as CEO or chairs.
Practical implications
Evidently, women are allowed to enter boards through family affiliations. Gender quotas appear an ineffective instrument for breaking through the “glass ceiling” in this socio-cultural environment. Thus, gender parity must entail the comprehensive promotion of women and the enforcement of legal reforms for structural and cultural change.
Originality/value
The analysis focuses on a Muslim-majority emerging Asian market that has been scarcely researched, thus offering new perspectives and insights into board composition and corporate governance that go beyond the well-studied Western countries.
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In light of a need for more critical education about datafication, this paper aims to develop a framework for critical datafication literacy that is grounded in theoretical and…
Abstract
Purpose
In light of a need for more critical education about datafication, this paper aims to develop a framework for critical datafication literacy that is grounded in theoretical and empirical research. The framework draws upon existing critical data literacies, an in-depth analysis of three well-established educational approaches – media literacy, the German “(politische) Bildung” and Freirean “critical pedagogy” – and empirical analyses of online educational resources about datafication.
Design/methodology/approach
The study interconnects theoretical analyses with an empirical mixed methods investigation that includes expert interviews with creators of online educational resources about datafication and a qualitative survey with educators interested in teaching about data technologies.
Findings
The research identified novel findings on the goals of resource creators and educators, such as a focus on empowering and emancipatory approaches, fostering systemic understanding of datafication and encouraging collective action. Such perspectives are rare in existing critical data literacy conceptualisations but show resemblance to traditional education scholarship. This highlights how much can be learnt from practitioners and from these more established educational approaches. Based on these findings, a framework for critical datafication literacy is suggested that aims for systemic understanding of datafication, encouraging critical thinking and enabling learners to make enlightened choices and take different forms of action.
Originality/value
The study is unique in its interconnection of theoretical and empirical research, and it advances previous research by suggesting a grounded framework for critical datafication literacy.
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Narongdej Phanthaphoommee and Sunida Siwapathomchai
This article seeks to provide a fresh perspective on the methodological approach to studying caregiving in a transnational context by analysing, local caregiver’s lifeworld…
Abstract
Purpose
This article seeks to provide a fresh perspective on the methodological approach to studying caregiving in a transnational context by analysing, local caregiver’s lifeworld, informal interpreting/translation and professional communication with foreign retirees.
Design/methodology/approach
This project explores the complex and multifaceted meanings of everyday objects through diffractive vignettes to illuminate the communicative entanglements that arise between caregivers and foreign retirees receiving care in Thailand. To identify intra-actions in caregiving, we collected data through informal interviews, observations and various artefacts before combining them in a group of potential communicative relationships by creating a narrative summary of situations.
Findings
Communicative relationships in the vignettes are multidimensional, with diverse logics underlying choices, rapport formation and communication effectiveness. This premise also illuminates how caregivers perceive and intra-act with their accommodation strategies, considering trust, comfort and comprehension. Our findings were also discussed with the concept of communication accommodation theory.
Originality/value
As an extension of the post-humanist approach to the diffractive reading of vignettes, this study sees its value in studying agent-related informal translation/interpreting and human-to-human relationships.
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In the context of the Covid-19 pandemic and the trend in industrial development 4.0, the problem is how to conduct transactions of goods and services in the market using cashless…
Abstract
Purpose
In the context of the Covid-19 pandemic and the trend in industrial development 4.0, the problem is how to conduct transactions of goods and services in the market using cashless payment in Vietnam, as in developed countries. This study aims to investigate, analyze and evaluate the factors affecting cashless payment behavior in Ho Chi Minh City, Vietnam.
Design/methodology/approach
The QR codes are used for payments because many factors affect the behavior of cashless payments made using electronic payment tools, including QR code tools. To achieve this goal, this study applied behavioral theory and the importance-performance analysis (IPA) model to measure service quality based on the difference between customer opinions on the importance and performance level of service providers’ targets. Survey results were obtained from 111 people living in HCMC, Vietnam, including 47 men and 64 women, which was a survey for 15 criteria.
Findings
According to the IPA results of the first quadrant, managers should focus on allocating their resources toward improving their performance across five key criteria. These criteria are crucial for meeting customers’ expectations and include factors such as product quality, responsiveness to customer queries or complaints, delivery times, pricing and customer service. In addition, the second quadrant of the IPA highlights another set of five criteria that perform well and are essential to the success of the business. These criteria could consist of customer loyalty, employee satisfaction, profitability, market share and innovation
Originality/value
These results provide a basis for solutions and recommendations for managers to refer to and apply consistent practices. Therefore, this study examines the cashless payment in Vietnam. Empirical results offer solutions to financial technology policy, marketing policy, cashless payment services and technology, which can help managers provide online payments using QR codes and contribute to monetary policy solutions.
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