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1 – 10 of over 13000Syarah Syahira Mohd Yusoff and Umar A. Oseni
This paper aims to provide an analytical literature survey of selective studies on legal documentation in Islamic home financing with particular reference to Malaysia.
Abstract
Purpose
This paper aims to provide an analytical literature survey of selective studies on legal documentation in Islamic home financing with particular reference to Malaysia.
Design/methodology/approach
This study adopts the legal positivist methodology, with particular reference to inclusive legal positivism which takes into consideration the possibility of moral values challenging positive law. Within the context of this study, though positive law provides for rules that govern contractual matters in Islamic home financing, standardisation is a functionality of maslahah (or public interest) which transcends the mandatory provisions of positive law but helps to protect the interest of all stakeholders. This is analysed through a systematic literature review which aims to provide practical insights into industry practices relating to Islamic home financing in Malaysia.
Findings
This paper provides information on the standard documentation used by conventional banks and existing practices of diverse models of legal documentation in the home financing sector within the Islamic financial services industry in Malaysia. It also recognises the need for standard documentation that is not only Sharīʿah-compliant but also consumer-friendly, as the terms of any standard financing agreement ought to ensure consumer protection. There is also the need for a Shari’ah-compliant Sales and Purchase Agreement, as it forms part of the complete set of legal documentation for Islamic home financing.
Research limitations/implications
It is not an exhaustive study, as it did not consider practices in other jurisdictions offering Islamic financial services and products but only focusses on Malaysia. Though one may not generalise the findings of this study, Malaysia remains a leading model and a global hub for Islamic financial services and products.
Practical implications
A very useful source of information on the current state of legal documentation in Islamic home financing in Malaysia and the prevailing practices in the industry, which may serve as a guide for policymakers such as the Association of Islamic Banks in Malaysia (AIBIM) to embark on a full scale project of standardisation of all the legal documentation used in Islamic home financing.
Originality/value
This study fulfils an identified need of standardisation of legal documentation used in Islamic home financing in Malaysia and offers practical help to policymakers and future researchers starting out on systemic reforms.
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Casey J. McNellis, John T. Sweeney and Kenneth C. Dalton
In crafting Auditing Standard No.3 (AS3), a primary objective of the PCAOB was to reduce auditors' exposure to litigation by raising the standard of care for audit documentation…
Abstract
In crafting Auditing Standard No.3 (AS3), a primary objective of the PCAOB was to reduce auditors' exposure to litigation by raising the standard of care for audit documentation. We examine whether the increased documentation requirements of AS3 affect legal professionals' perceptions of audit quality and auditor responsibility in the event of an audit failure. Our experiment consists of a 3 × 2 between-participants design with law students serving as proxies for legal professionals. The results of our experiment indicate that when an audit procedure, namely the investigation of inconsistent evidence, is not required to be documented, legal professionals perceive the performance of the work itself but not its documentation to significantly increase audit quality and reduce the auditor's responsibility for an audit failure. When documentation of the procedure is required, as per AS3, legal professionals perceive enhanced audit quality and reduced auditor responsibility only if the performance of the work is documented.
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Florian Königstorfer and Stefan Thalmann
Artificial intelligence (AI) is currently one of the most disruptive technologies and can be applied in many different use cases. However, applying AI in regulated environments is…
Abstract
Purpose
Artificial intelligence (AI) is currently one of the most disruptive technologies and can be applied in many different use cases. However, applying AI in regulated environments is challenging, as it is currently not clear how to achieve and assess the fairness, accountability and transparency (FAT) of AI. Documentation is one promising governance mechanism to ensure that AI is FAT when it is applied in practice. However, due to the nature of AI, documentation standards from software engineering are not suitable to collect the required evidence. Even though FAT AI is called for by lawmakers, academics and practitioners, suitable guidelines on how to document AI are not available. This interview study aims to investigate the requirements for AI documentations.
Design/methodology/approach
A total of 16 interviews were conducted with senior employees from companies in the banking and IT industry as well as with consultants. The interviews were then analyzed using an informed-inductive coding approach.
Findings
The authors found five requirements for AI documentation, taking the specific nature of AI into account. The interviews show that documenting AI is not a purely technical task, but also requires engineers to present information on how the AI is understandably integrated into the business process.
Originality/value
This paper benefits from the unique insights of senior employees into the documentation of AI.
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This research chapter argues lawyers, not just bankers, for good and bad have been involved in all aspects of the current financial crisis. Indeed after examining and assessing…
Abstract
This research chapter argues lawyers, not just bankers, for good and bad have been involved in all aspects of the current financial crisis. Indeed after examining and assessing various civil causes of action related to the “Mortgage Meltdown” and its aftermath, it appears if lawyers had been less involved or had raised warnings about legal risks as well as economic ones, whether the financial impact would have been so disastrous and widespread. Indeed by raising cautionary flags earlier, lawyers might have better served both the clients’ and the public's long-term interests. This view thus complements issues related to criminally prosecuting mortgage fraud that has also seen explosive growth and where lawyers have again played central roles. Lawyers have been involved at the back end too in terms of legislation or resolving issues such as bankruptcies and foreclosures.
The chapter examines several causes of action the media have reported being raised by various parties and how they illustrate the role lawyers, regulations, and legislation have played in the origins and evolution of the current crisis. The cases explored involve individual parties and class actions. The chapter also analyzes in detail a case representing opposite ends of the origination and foreclosure closure spectrum by describing a derivative shareholder suit against corporate officers and directors actively involved in creating the subprime mess, who were then sued for covering up the inevitable results from failed loans in the reports to shareholders. It thus illustrates the legal complexities emerging from the abuse of complex financial and organizational structures impacting many investors. Finally the chapter concludes by arguing there is a public policy need not only for financial regulatory reform but also for a tightening in the professional standards and regulatory penalties imposed on lawyers involved in such transactions.
Ginevra Peruginelli, Sara Conti and Chiara Fioravanti
The purpose of this paper is to investigate the initiatives providing legal information during the COVID-19 emergency, focusing on the fundamental role of digital libraries in…
Abstract
Purpose
The purpose of this paper is to investigate the initiatives providing legal information during the COVID-19 emergency, focusing on the fundamental role of digital libraries in creating, managing and sharing services to support and ensure access to legal information in times of emergency.
Design/methodology/approach
To have an overall view of the legal information on COVID-19 available on digital libraries during the outbreak, a desk-research on the Web was conducted looking for both public and private sources of information. The selection of the sources was based on the type of information and services offered, the quality of information structuring, together with the data updating and the target users.
Findings
The survey provided a huge and heterogeneous amount of legal information resources on COVID-19. The analysis on the source of information selected showed different kinds of approaches adopted by digital libraries in relation to types of information provided, information categorization, target audiences, purposes and services offered.
Research limitations/implications
Two limitations have been identified: lack of previous studies in the domain and size of the samples cited. The conducted research should be seen as the “building block” upon which further research should be broadened and deepened. Limited samples are cited because of a rational choice; nevertheless, future research should be conducted also addressing a quantitative choice on identifying sources.
Practical implications
The research proposes to give users practical guidance, namely, a first set of authoritative sources which gives legal information on COVID-19.
Originality/value
This review paper could be seen as a first study on the issues related to accessing and sharing legal data at the time of the COVID-19; the research could be a starting point for devising a new form of communication of legal information in times of crisis.
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Archival appraisal is the process of determining which manuscripts and archives acquired by a repository are worthy of long‐term preservation. The abundance of modern records…
Abstract
Archival appraisal is the process of determining which manuscripts and archives acquired by a repository are worthy of long‐term preservation. The abundance of modern records prevents saving everything, so archivists must make difficult choices. Records have value as evidence of organizations’ functions and activities, or for their informational content. Appraisal criteria include analysis of functions, context, content, future uses, and cost‐benefit of retention. Decisions to discard manuscripts are irreversible, so choices must be carefully weighed. Reappraisal and deaccessioning may also be applied to legacy holdings. The challenging task of appraisal also contributes to the preservation of institutional evidence, cultural heritage, and social memory.
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The purpose of this study is to investigate psychotherapists’ perspectives on collaborations with curanderxs that may improve patient outcomes. All participants have licensed…
Abstract
Purpose
The purpose of this study is to investigate psychotherapists’ perspectives on collaborations with curanderxs that may improve patient outcomes. All participants have licensed psychotherapists (marriage and family therapist, social work and psychology), between ages 40 and 60 years, and spoke both English and Spanish. They had a wide range of experience practicing in the field (5 to 33 years), the number of clients they had worked with of Mexican descent (10 to 2,000), and times they had collaborated with curanderxs (2 to 3 to more than 40). Interviews lasted 2 h.
Design/methodology/approach
Phenomenological methodology was followed in conducting interviews with eight mainstream mental health practitioners and in identifying codes and themes from the interviews.
Findings
Collaboration between psychotherapists and curanderxs is rare. Few mental health training programs provide basic information on curanderismo or on how clinicians might integrate concepts related to indigenous healing approaches into their practices or collaborate with traditional healers. Substantial mistrust between psychotherapists and curanderxs is apparent and impedes collaboration.
Originality/value
The authors believe this to be one of the first integrative models that can provide guidance to services providers who would like to collaborate with traditional healers, not only with Latinx populations but also populations that seek traditional healers for physical, psychological and spiritual healing. Based on study findings, the authors offer educational, clinical and public policy recommendations.
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The law development, especially in the field of investment, is not only directed to achieve the vision of Indonesia 2030, but it is directed to make Indonesia a great nation…
Abstract
Purpose
The law development, especially in the field of investment, is not only directed to achieve the vision of Indonesia 2030, but it is directed to make Indonesia a great nation, protect the potential and plurality of Indonesia and realize the welfare of the nation, both economically independent and having qualified human resources. Based on the description, the purpose of this paper is to examine and find forms of refinement in the investment law development of Indonesia in accordance with the global order.
Design/method
This paper is qualitative research. This paper examines and finds forms of refinement in the investment law development of Indonesia in accordance with the global order.
Findings
The refinement form of investment law development in Indonesia in accordance with the global order begins with Law Number 1 of 1967 on Foreign Investment (PMA) and Law Number 6 of 1968 concerning Domestic Investment (PMDN), which is then followed by the issuance of Presidential Decree Number 29 of 2004 concerning the Implementation of Investment in Foreign Capital Investment (PMA) and Domestic Investment (PMDN) through One Stop Service System. The reconstruction form of the capital investment law is by the issuance of Law Number 25 of 2007 regarding Investment which regulates the domestic investment and foreign investment. The authorized official to coordinate the implementation of investment in Indonesia is the Investment Coordinating Board (BKPM). The consideration of BKPM appointment as the only government agency that handles investment activities of PMA and PMDN is to increase the effectiveness in attracting investors to invest in Indonesia. Therefore, by one stop service, it is expected that the service to the investors will be faster than the previous implementation. One Stop Service System means that the implementation of investment consists of policies and planning of investment development, promotion and investment cooperation, approval services, licensing and investment facilities, control of investment implementation and management of investment information system. Approval services, licensing and investment facilities on PMA and PMDN shall be implemented by BKPM, based on the delegation of authority from the Minister/Head of Non-Department Institution which handle the relevant investment business fields through one stop service system.
Originality/value
This paper only focuses on the investment law development in Indonesia that has never been done before (originality).
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In 1983, democratic elections ended a seven‐year military dictatorship in Argentina, bringing the end of a violent military dictatorship and its campaign to eliminate what it…
Abstract
In 1983, democratic elections ended a seven‐year military dictatorship in Argentina, bringing the end of a violent military dictatorship and its campaign to eliminate what it labelled ‘subversive elements’ within Argentine society. Alongside the regime’s human victims, information and archives also suffered severely. Document raids of social organisations were common, and the military junta worked to actively destroy any records it deemed threatening or simply inappropriate. When civilians returned to power, they moved to initiate wide‐spread educational reforms, many of which focused on the development of libraries and archives. This article examines information repositories ‐ archives, libraries, and museums ‐ as small organisations and institutions empowered by the new civilian administration to emerge as prominent players in Argentina’s democratic transition.
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