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1 – 10 of over 1000Abbas Ramdani, Ridwan Raji and Mohd. Khairie Ahmad
The acceleration of globalized commerce and economic activities has meant that conventional and Shariah (Islamic law) compliant organizations transact and negotiate among…
Abstract
Purpose
The acceleration of globalized commerce and economic activities has meant that conventional and Shariah (Islamic law) compliant organizations transact and negotiate among themselves. Therefore, this study aims to explore the concept of corporate negotiation and the communicative principles that guide the negotiation process among Shariah-compliant organizations.
Design/methodology/approach
The study uses a qualitative method through an inductive interpretative approach by conducting 20 in-depth interviews among four groups of experts. These consist of three muftis, ten academicians in Islamic assets, finance and asset jurisprudence; three practitioners in charge of inter-organizational negotiation and decision-making; and four shariah board members of selected Islamic banks.
Findings
The findings reported that business negotiation is used by Islamic organizations for reconciliation, consultation, resolving disagreements and as a means of achieving spiritual satisfaction. Furthermore, the key communicative principles of the negotiation process consist of the credibility of informational exchange, flexible interactions and the openness and truthful disclosure of information.
Research limitations/implications
The empirical data discussed in this study supports the claim that macro-environmental factors and social and cultural values should be considered when examining business negotiating behaviors. However, this study focuses only on the banking/service organization negotiation. Therefore, future research should focus on the Islamic negotiation process in the context of diplomatic and international relations.
Practical implications
The findings reported in this study offer insight for negotiators operating among Islamic organizations to understand the principles and process of negotiation in the purview of Shariah standards and principles.
Originality/value
In terms of theoretical implications, this study reveals a clear conceptual difference between the conventional concept and the Islamic perspective of corporate negotiation. Also, this study highlights the impact of organizational culture, specifically Islamic management strategies, on the business negotiation process and business communication principles.
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Alexandre A. Bachkirov and Salem AlAbri
The purpose of this study is to examine whether and how the fundamental Islamic values of Arab Muslim business negotiators influence their views of the negotiation process and…
Abstract
Purpose
The purpose of this study is to examine whether and how the fundamental Islamic values of Arab Muslim business negotiators influence their views of the negotiation process and negotiation behavior.
Design/methodology/approach
The study is based on an interpretive qualitative approach. The data were obtained by semi-structured interviews. The participants were managers whose role entails negotiations as an essential component of their job.
Findings
For Arab Muslim negotiators, the use of knowledge is associated with a moral imperative of being truthful and using knowledge responsibly. The virtues of honesty, transparency, trust, integrity, fairness, peace, respect and concern for the counterpart’s negotiation outcomes emerged as important considerations for Arab Muslim negotiators.
Research limitations/implications
All the research participants were from an Arab Islamic country. Empirical data obtained from non-Arab Islamic respondents can provide further insights into how religious beliefs shape negotiation behavior of Muslim negotiators.
Practical implications
The international negotiation practitioners involved in cross-cultural negotiations in the Arabian Gulf should consider their counterpart’s behavioral patterns and expectations shaped by the Islamic faith. Appreciating what matters to an Arab Muslim negotiator will increase the probability of a positive negotiation experience and the likelihood of attaining negotiation goals.
Originality/value
The study contributes to the literature on innovative management practices by emphasizing the need to broaden the knowledge of a cultural perspective of management innovation. Innovative interventions in intercultural negotiations should include a consideration of the counterparts’ religious beliefs in both intra- and inter-firm bargaining situations.
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Abdul-Nasser H.R. Hikmany and Umar A. Oseni
This paper aims to examine the prospects of a dispute resolution framework for the Islamic banking industry in Tanzania under the existing legal framework.
Abstract
Purpose
This paper aims to examine the prospects of a dispute resolution framework for the Islamic banking industry in Tanzania under the existing legal framework.
Design/methodology/approach
This paper is based on comparative study by drawing significant lessons from other jurisdictions, and argues that to avoid some of the initial drawbacks in the dispute resolution framework for Islamic banking transactions in more advanced jurisdictions like Malaysia and United Kingdom, it is important for Tanzania to get it right from the onset to effectively manage Islamic banking disputes.
Findings
The study finds that apart from the court system which provides the main avenue for Islamic finance litigation, other processes such as arbitration and mediation which are deemed to be more sustainable could also be developed for effective dispute management.
Research limitations/implications
The study focuses on Tanzania banking system with comparison to other jurisdictions.
Practical implications
An increase of Sharī’ah-compliant products in Tanzania has led to the establishment of a number of Islamic banks. This study demonstrates the need for Tanzania to make use and/or make adjustment of its laws for effective dispute settlement of banking-related disputes.
Originality/value
This study appears to be the first paper to draw significant experiences from other jurisdictions to resolve Islamic banking disputes in Tanzania. It is expected to provide a good policy framework for the stakeholders in the Islamic banking industry in Tanzania.
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A view of Islam as a comprehensive way of life for its adherents ispresented. The spiritual and ethical reconstruction of individuals,societies and the world order are given in a…
Abstract
A view of Islam as a comprehensive way of life for its adherents is presented. The spiritual and ethical reconstruction of individuals, societies and the world order are given in a socio‐economic framework. The principles of Islam and brotherhood, with reference to the Quran, are explained in some detail.
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Many laws have been derived from the religions' legislations and many of them do not have the capability of uniqueness and publicity, due to a variety of reasons, especially at…
Abstract
Purpose
Many laws have been derived from the religions' legislations and many of them do not have the capability of uniqueness and publicity, due to a variety of reasons, especially at the level of countries. However, the spirit of legislations is the same and unique in all religions and it is the Tariqah (Sufi path), Sufism, mysticism and ethical beliefs that have been stable and unchangeable for millenniums, and wisdom has accepted and accepts them in all times and locations. Thus, if the international public law is to be defined and designed upon the base of the unique religions' spirit, we will reach a unique law with most publicity. This paper aims to address these issues.
Design/methodology/approach
This paper explores the foundation of public international law from the theosophy approach of Islamic Sufism and mysticism.
Findings
By raising 38 principles, the paper proposes basic principles of important public international law subjects to prepare a backbone for recompilation of new law in this subject matter.
Research limitations/implications
Comparative researches in other religions' Gnosticism will be helpful.
Practical implications
These principles can be used for applied debates in the field and become new international law.
Social implications
Delicateness, truthfulness, and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this viewpoint, and a new set of laws to be codified.
Originality/value
Public international law scholars have not touched the topic from a Sufi viewpoint. This paper opens new challenging arena for those who are engaged in.
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The purpose of this paper is to examine the main contract principles which govern the international arbitration contract with special emphasis to examine contract principle found…
Abstract
Purpose
The purpose of this paper is to examine the main contract principles which govern the international arbitration contract with special emphasis to examine contract principle found of the Middle East, how international principles of contract are perceived in the region, and whether there are any dominant contract principles.
Design/methodology/approach
A general exploratory research procedure used to give a better grasp of various aspects of socio‐legal approaches. The paper seeks to create knowledge that can be used to retrieve some pressing social and organisational understanding in the said region. The first part of the paper examines the role of ethics and tradition in understanding Middle Eastern contract principles. The second part examines the impact of Islamic Law on commercial contract principles. The third section analyses the regional perception of international contract principles. Finally, the paper addresses some contemporary issues of international contracts in the Middle East.
Findings
The paper showed that the legal perceptions of international contract principles reflect regional legal thinking which has been influenced by a mixed understanding of regional traditions, Islamic contract law principles as well as Western contract principles when these principles match regional legal culture. Overall, it showed that still under such mixed understanding, there are strong regional legal traditions and these are found in Islamic contract principles and affects commercial contract experiences. In general, a significant difference still exists between modern international contract principles and those in the Middle East.
Practical implications
The paper generates a knowledge that mixed understanding in regard to international contract arbitration principles due historical and cultural reasoning. Arab States does not share common understanding of international contract principles. Thus, it is very superfluous to propose the argument that there is sole Middle Eastern regional perception which dominates every Arab State. Therefore, special understandings and considerations should be given to every international arbitration contract from certain Arab State entity to another.
Originality/value
The paper provides a clear understanding of the guidelines for international commercial arbitration contract in the Middle East. Legal culture should be taken into consideration if a successful contract implementation has to be achieved.
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Intan Farhana, Clare Markham and Hasan Basri
This paper aims to analyse the implementation of Islamic principles and values within the budgetary management of one of Indonesia’s local governments, that of Aceh provincial…
Abstract
Purpose
This paper aims to analyse the implementation of Islamic principles and values within the budgetary management of one of Indonesia’s local governments, that of Aceh provincial government. The authors investigate the extent of Islamic teachings in Aceh’s public budgeting to gain an understanding of the challenges in implementing such ideas in practice.
Design/methodology/approach
To investigate these issues, the authors used a qualitative interpretive approach in this study, gathering written materials related to the budgeting process and conducting 19 interviews with local government officials, politicians, scholars and a corruption watchdog. Data was manually coded and thematically analysed.
Findings
In this study, the authors find that the budgetary management problems Aceh provincial government faces (including poor resource allocation, budget delays and poor accountability and transparency) indicate unsatisfactory performance in incorporating Islamic principles and values into government. The authors argue that a key challenge to a more complete implementation is that the Acehnese’ perspectives of Sharī’ah and its enactment remain limited to particular aspects, such as criminal law, rituals and symbols, and are not extended to wider governance and budgetary practices.
Practical implications
The findings are likely to be of interest to policymakers and those who hold them to account, in a region/country where Islamic values and principles largely influence the government and social affairs. They indicate that a broader conception of Sharī’ah would facilitate a more thorough implementation of Islamic principles and values within public budgeting.
Originality/value
This study is one of a handful of studies exploring Islamic public budgeting, with its originality lying in the investigation of the challenges faced in implementing Islamic principles in government budgeting.
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Mohammad Rasmi Al-Umari and Mutasim Ahmad Alqudah
The purpose of this paper is to determine whether there is any fundamental difference in the meaning of contract in these two legal systems by analysing some of the essential…
Abstract
Purpose
The purpose of this paper is to determine whether there is any fundamental difference in the meaning of contract in these two legal systems by analysing some of the essential principles of contract particularly parties’ agreement and consideration.
Design/methodology/approach
This paper seeks to investigate the degree of equivalency of the term contract and its Islamic law counterpart “Aqd”. To implement this task, it applies some comparative law techniques to examine certain contractual elements under common law and Islamic law.
Findings
The argument that “contract” and “Aqd” are not equivalent is superficial, and it is not well-supported by concrete evidence. The examples used to build this argument are merely limited exceptions to the general principles of contract, and some of them even exist under both legal systems in a similar manner such as “deed” and “Hibah”.
Practical implications
The paper is of interest to legal practitioners and professionals working in cross-cultural or international contexts, as understanding points of conformity and disconformity between “contract” and “Aqd” can help in multiple ways. These may include negotiating international transactions, contract drafting and dispute-resolution processes involving parties from Western and Islamic law-based jurisdictions. It may also aid policymaking and lawmaking processes aiming to harmonize contract principles across different jurisdictions.
Social implications
The research paper is important for public attitude, as understanding similarities and differences between “contract” and “Aqd” fosters mutual respect, tolerance and cooperation between individuals and communities adhering to different legal systems.
Originality/value
There is a common belief that the term “contract” substantially differs from “Aqd”, and it is by no means safe to presume that every “Aqd” qualifies as a contract. The current research introduces a new point view on the degree of conceptual equivalency of the two terms by showing resemblances in aspects relating to some contractual elements which have always been viewed as an area of divergence rather than convergence.
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