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Article
Publication date: 20 January 2020

Mastura Ab. Wahab and Tajul Ariffin Masron

Throughout the extant studies on Islamic work values, many variations in the concept of Islamic work values were found. This has created some confusions and misunderstandings on…

Abstract

Purpose

Throughout the extant studies on Islamic work values, many variations in the concept of Islamic work values were found. This has created some confusions and misunderstandings on what is the core of Islamic work values that is highly emphasized by Islam. The unanimity of Islamic work values is fundamental to Islamic organizations, and businesses in particular, as it indicates ethical, effectiveness and religious reputations of the organizations. This paper aims to identify the core Islamic work values based on Islamic legal texts (the Qur‘an and the Hadith as the two main Islamic sources), the writings of Islamic scholars and then to have experts verify whether or not the identified work values are core Islamic work values.

Design/methodology/approach

The paper used a qualitative approach where Islamic legal texts (the Qur’an and the Hadith) as well as the writing of Islamic scholars were used as a main reference to identify the core Islamic work values. These identified core Islamic work values were later verified by the muftīs. The verification assessment involved six muftīs from Malaysia.

Findings

The final result revealed that 14 core Islamic work values have been verified by the muftīs. These 14 considered core Islamic work values are essential work values of Islam which are important to achieve effective work performance.

Research limitations/implications

The findings presented are useful for managers and employees in Islamic organizations to decide on what Islamic work values that should be given more precedence and to be practised in their organizations.

Originality/value

This is a novel study that combines two approaches, the Islamic legal texts and muftīs verification regarding the work values obtained that can be accepted as the core Islamic work values. Therefore, these findings can be a guide for many future studies in the area of Islamic work values.

Details

Journal of Islamic Accounting and Business Research, vol. 11 no. 1
Type: Research Article
ISSN: 1759-0817

Keywords

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: 14 June 2013

Umar Oseni

The purpose of this paper is to examine the current legal framework for payment system in international Islamic trade finance vis‐à‐vis the new regime introduced by the Uniform…

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Abstract

Purpose

The purpose of this paper is to examine the current legal framework for payment system in international Islamic trade finance vis‐à‐vis the new regime introduced by the Uniform Customs and Practice for Documentary Credits (UCP) 600 as well as the Sharī'ah Standard on Documentary Credits issued by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Sharī'ah Resolutions of selected Sharī'ah Boards of Islamic financial institutions.

Design/methodology/approach

A partial comparison of both the UCP 600 and the Sharī'ah framework for documentary credit is given through the content analysis of relevant sources.

Findings

The AAOIFI Sharī'ah Standard on Documentary Credits, as well as other applicable Sharī'ah resolutions of Islamic financial institutions, does provide a good framework for a Sharī'ah‐compliant documentary credit system, which is unique to trade in Islamic finance products, but there is scope for further improvement, taking into consideration the two possibilities proposed in the available literature on the subject – harmonization or bifurcation of rules. The UCP 600 also allows for the exclusion or modification of the rules to suit the specific needs of the Islamic finance industry.

Research limitations/implications

This study focuses only on UCP 600 and the Sharī'ah framework on Documentary Credits, though bearing mind that there are other frameworks for documentary credit systems such as the International Standby Practices (ISP98) and letters of credit issued under Article 5 of the New York Uniform Commercial Code.

Practical implications

Islamic financial institutions should implement the provisions of the AAOIFI Sharī'ah standard on documentary credits but may require a different framework for international trade financing involving both Islamic banks and conventional banks.

Originality/value

Though few studies have been conducted on Sharī'ah issues regarding the application of the documentary credits, this seems to be the first time where a more proactive step is taken to propose two different frameworks for transactions involving Sharī'ah compliant financing.

Details

Journal of International Trade Law and Policy, vol. 12 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 5 March 2018

Mahmood Chandia and Jan Mei Soon

The purpose of this paper is to provide an overview of different understandings regarding the concept of “what constitutes halal” and “who determines this concept?” In practice…

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Abstract

Purpose

The purpose of this paper is to provide an overview of different understandings regarding the concept of “what constitutes halal” and “who determines this concept?” In practice, this equates to contemporary legal understandings vs religious understandings. The paper further aims to provide an overview of competing Muslim understandings regarding the concept of “What does or does not constitute halal slaughter?” In practice, this equates to evaluating the application of no stunning at all upon an animal (unanimous acceptance) vs the application of reversible stunning upon an animal (contested).

Design/methodology/approach

The study includes a review of prior literature and considers the current scenario of the halal poultry trade and raises important questions regarding Islamic dietary practices, halal food integrity, religious and animal welfare understandings. Three key questions were raised: “To what extent does stunning impact halal slaughter?”; “Who determines what is halal slaughter?”; and “What are the variations and tensions between legal and religious understandings of halal slaughter?”.

Findings

The examination of such requirements and concomitant consumer and provider expectations is underpinned by a study of an operational framework, i.e. industry practices with poultry (hand slaughter, stunning, mechanical slaughter, etc.), ethical values and market forces to appraise whether there is a point of convergence for these that can be beneficial for both seller and consumer concerns. This paper has considered different perspectives on the religious slaughter and provided an overview of competing understandings regarding the above concepts.

Originality/value

This study although academic and philosophical in nature, raises questions on route to suggesting future research directions. It provides real value in stimulating more research in the area of halal food production and contributes to the understanding of different slaughter requirements for religious slaughter and the meat industry. It further sheds light on not only the religious and secular legal frameworks on animal slaughter and welfare but also the variations in understanding between them and provides examples of attempts to bridge any gap. The paper highlights the importance of halal food based on religious values and its implications for wider society.

Details

British Food Journal, vol. 120 no. 3
Type: Research Article
ISSN: 0007-070X

Keywords

Article
Publication date: 1 December 2023

Wan Ahmad Fauzi Wan Husain, Mohamad Reeduan Mustapha, Yudi Fernando and Siti Aisyah Ahmad Zailani

The purpose of this study is to propose a world-class good governance ethics framework that leads to better corporate performance. ethics among managers, executives and members of…

Abstract

Purpose

The purpose of this study is to propose a world-class good governance ethics framework that leads to better corporate performance. ethics among managers, executives and members of the board of directors working in public-listed companies brings grave concern because of the increasing number of criminal acts reported by the Security Commission of Malaysia.

Design/methodology/approach

This study introduces a world-class good governance ethics framework for curbing criminal acts in public-listed companies in Malaysia. This study used a mixed method to gather data, and the methods used are appropriate for answering the research questions based on the World-Class Good Governance Ethics framework.

Findings

The finding of this study reveals high expectations for a corporate organization to improve individual and team performance while undertaking their corporate responsibilities, and a matter of choice, to adopt world-class good governance ethics in their policies and practices.

Practical implications

This study could be a reference for corporate management to regulate policies monitoring management's and employees' conduct at the workplace. This study's theoretical and practical significance would guide the stakeholders in corporate management to regulate governance policies based on the right ethical values and promote personalities with high integrity in management conduct.

Originality/value

This study promotes a world-class good governance ethics framework in curbing criminal acts for better corporate performance. This new framework is formulated based on the concept of a caliph and other essential elements envisaged by the Quranic verses.

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: 16 September 2013

Darwish Almoharby and Mark Neal

This study aims to clarify current thinking about Islamic leadership by returning to the original texts of Islam, the Qur'an and the hadith. These are analysed to identify…

1994

Abstract

Purpose

This study aims to clarify current thinking about Islamic leadership by returning to the original texts of Islam, the Qur'an and the hadith. These are analysed to identify foundational Islamic leadership prototypes, concepts and ideas. In so doing, the article provides original analysis of the foundations of Islamic leadership, so as to inform current debates about leadership in Islamic regions and communities.

Design/methodology/approach

The study consists of content analysis of the Qur'an and the hadith, to identify key concepts within these texts, concerning the nature of leadership. The methodological aim is to develop characterisations of Islamic leadership prototypes that are recognisable to practising Muslims today. In order to ensure this, the content analyses have been presented to academic seminar groups and conferences and refined through subsequent discussions.

Findings

Islamic leadership does not rely for its legitimacy upon traditional authority, but rather on rational-legal systems based on unity of purpose, acknowledgement of the one God, and the foundational example of Prophet Muhammad, whose referent and charismatic authority lives on in discussions of the sunnah and the hadith. It is thus vital to refine external or “etic” characterisations of Islamic leadership with an appreciation of leadership prototypes in the Qur'an, the sunnah and hadith.

Research limitations/implications

The scope of this study is limited by the subject matter, the investigation of leadership prototypes in the Qur'an and the hadith. This means that the consideration of historically more recent Islamic thinking about leadership has been left to subsequent study.

Practical implications

Implications for subsequent researchers are the need for critical clarity in discussions of “Islamic” or “Muslim” leadership. Another significant implication comes with the recognition of the overwhelming importance of the Prophet Muhammad's life and sayings in laying the parameters for the subsequent Muslim discussions of leadership.

Originality/value

This is the first use of content analysis to examine the foundational leadership prototypes and concepts embedded in the Qur'an and the hadith, and thus to analyse the Prophet Muhammad as a referent and charismatic leader, whose life set the parameters for the subsequent understanding of Islamic leadership.

Details

Education, Business and Society: Contemporary Middle Eastern Issues, vol. 6 no. 3/4
Type: Research Article
ISSN: 1753-7983

Keywords

Article
Publication date: 2 March 2010

Sabina Cerimagic

The purpose of this paper is to give professionals working in Islamic countries a better understanding of the legal system in those countries. As a rule, multinational companies…

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Abstract

Purpose

The purpose of this paper is to give professionals working in Islamic countries a better understanding of the legal system in those countries. As a rule, multinational companies are more equipped in dealing with problems when governed by Western legal philosophies and jurisprudence. However, when certain issues fall on the jurisdiction of an Islamic country they have to address it by using the Islamic laws (Shariah laws) maintained in the Qur'an.

Design/methodology/approach

The source of material for this paper is literature review based on texts and references sourced in the business environment. The literature used is Islamic literature in the Bosnian and English languages.

Findings

The findings are that Islamic laws compel companies to be wary of interest, uncertainty or risk. This means that companies that rely on compelling interest on the consumer are prohibited in operating in Islamic states. The law is there to protect the welfare of all the parties involved. The strict nature of these laws often seeks to provide justice and fairness to both parties. Thus, for organisations and international companies who intend to deal with companies based in Islamic countries and adhere to Shariah law should always be mindful of the fairness of their offers and the fairness of the outcomes of these agreements.

Research limitations/implications

Islamic laws tend to adhere strictly on the principles and values intimated in the Qur'an and Hadith. This paper summaries the core of Islamic business laws. However, this research is limited to theory alone. For this reason, future research perhaps could look at case studies and see if what works in theory indeed does work in practice too. The review has been limited to Bosnian and English language texts. In addition, this paper has some limited literature review on such a complicated and sensitive topic.

Originality/value

This paper will provide important business factors that will essentially assist international businesses in their understanding of the legal standards in this region.

Details

Education, Business and Society: Contemporary Middle Eastern Issues, vol. 3 no. 1
Type: Research Article
ISSN: 1753-7983

Keywords

Article
Publication date: 13 July 2020

Issam Tlemsani, Farhi Marir and Munir Majdalawieh

This paper revolves around the usage of data analytics in the Qur’an and Hadith through a new text mining technique to answer the main research question of whether the activities…

Abstract

Purpose

This paper revolves around the usage of data analytics in the Qur’an and Hadith through a new text mining technique to answer the main research question of whether the activities and the data flows of the Murabaha financing contract is compatible with Sharia law. The purpose of this paper is to provide a thorough and comprehensive database that will be used to examine existing practices in Islamic banks’ and improve compliancy with Islamic financial law (Sharia).

Design/methodology/approach

To design a Sharia-compliant Murabaha business process originated on text mining, the authors start by identifying the factors deemed necessary in their text mining techniques of both texts; using a four-step strategy to analyze those text mining analytics; then, they list the three basic approaches in text mining used for new knowledge discovery in databases: the co-occurrence approach based on the recursive co-occurrence algorithm; the machine learning or statistical-based; and the knowledge-based. They identify any variation and association between the Murabaha business processes produced using text mining against the one developed through data collection.

Findings

The main finding attained in this paper is to confirm the compatibility of all activities and the data flows in the Murabaha financing contract produced using data analytics of the Quran and Hadith texts against the Murabaha business process that was developed based on data collection. Another key finding is revealing some shortcomings regarding Islamic banks business process compliance with Sharia law.

Practical implications

Given Murabaha as the most popular mode of Islamic financing with more than 75% in total transactions, this research has managed to touch-base on an area that is interesting to the vast majority of those dealing with Islamic finance instruments. By reaching findings that could improve the existing Islamic Murabaha business process and concluding on Sharia compliance of the existing Murabaha business process, this research is quite relevant and could be used in practice as well as in influencing public policy. In fact, Islamic Sharia law experts, Islamic finance professionals and Islamic banks may find the results of this study very useful in improving at least one aspect of the Islamic finance transactions.

Originality/value

By using a novel, fresh text mining methods built on recursive occurrence of synonym words from the Qur’an and Hadith to enrich Islamic finance, this research study can claim to have been the first of its kind in using machine learning to mine the Quran, Hadith and in extracting valuable knowledge to support and consolidate the Islamic financial business processes and make them more compliant with the i.

Details

Journal of Islamic Accounting and Business Research, vol. 11 no. 9
Type: Research Article
ISSN: 1759-0817

Keywords

Article
Publication date: 12 January 2023

Fahmi Ali Hudaefi, M. Kabir Hassan and Muhamad Abduh

This study aims at two objectives, i.e. first, to identify the core elements of the Islamic fintech ecosystem, and second, to use the identified core elements to analyse the…

Abstract

Purpose

This study aims at two objectives, i.e. first, to identify the core elements of the Islamic fintech ecosystem, and second, to use the identified core elements to analyse the development of such an ecosystem in Indonesia.

Design/methodology/approach

This work combines data analytics of text mining with qualitative analysis of human intelligence in two steps. First, knowledge discovery of the Islamic fintech ecosystem’s core elements using a sample of eight academic articles totalling 102 pages and 75,082 words. Second, using the identified core elements from step one to explore such ecosystem development in Indonesia. This stage employs a sample of 11 documents totalling 371 pages and 143,032 words from cyberspace.

Findings

The core elements of the Islamic fintech ecosystem identified are financial customers, fintech startups, government, technology developers, traditional financial institutions and fatwa (Islamic legal opinion). Furthermore, the development of the Islamic fintech ecosystem in Indonesia is examined under these identified core elements, providing critical insights into the Islamic fintech ecosystem currently established in the country's industry.

Research limitations/implications

This study primarily used semi-structured data from cyberspace. Traditional approaches to qualitative data collection, e.g. focused group discussions and interviews, may be beneficial for future studies in addressing the Islamic fintech ecosystem issues.

Practical implications

Academia worldwide may benefit from this work in incorporating knowledge of Islamic fintech ecosystem’s core elements into Islamic finance literature. Specifically, fintech stakeholders in Indonesia may be advantaged to understand how far the Islamic fintech ecosystem has grown in the country.

Social implications

The rise of unethical fintech peer-to-peer lending shows social problems in Indonesia’s fintech industry. The finding derives social implications that elucidate the current state of the country’s Islamic fintech ecosystem.

Originality/value

Using a kind of big data (i.e. semi-structured text data) from cyberspace and applying steps of text mining combined with qualitative analysis, may contribute to the creation of novelties for qualitative research on financial issues.

Details

Qualitative Research in Financial Markets, vol. 15 no. 3
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 30 October 2023

Badreddine Berrahlia

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…

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.

Details

Journal of International Trade Law and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

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