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Article
Publication date: 15 February 2024

Abbas 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.

Details

Journal of Islamic Marketing, vol. 15 no. 4
Type: Research Article
ISSN: 1759-0833

Keywords

Article
Publication date: 1 August 2019

Muhammad Hanif

The purpose of this paper is to present an analysis of current practices of Islamic mortgages in the light of the principles of Islamic financial system, to document divergences …

Abstract

Purpose

The purpose of this paper is to present an analysis of current practices of Islamic mortgages in the light of the principles of Islamic financial system, to document divergences – if any. A subsidiary goal is to develop an Islamic Mortgage Model (IMM) based on Musharakah principles.

Design/methodology/approach

The author documents theoretical underpinnings of risk-return sharing from the Shari’ah perspective. A comparative study of conventional and Islamic mortgages is completed; existing practice of Islamic mortgages analyzed in the light of Musharakah principles and divergences identified. IMM is developed after taking divergences and Musharakah principles into considerations. A housing case is used to highlight differences (in financial terms) under multiple methods and scenarios.

Findings

Study documents multiple divergences from Musharakah principles in the existing practice of Islamic mortgages including ignorance of market pricing in the negotiation of rentals and trading of equity units, and transfer of all ownership risks and rewards (vacancy, damage, destruction and market) to one partner (i.e. customer). Practice is divergent from principles in the area of economic substance. Modified IMM is developed by taking into account Musharakah principles; and differences highlighted by calculating financial figures – to determine financial rights and liabilities of the parties.

Practical implications

Divergence from the principles of risk-return sharing leads to failure in the achievement of Islamic finance objective of equitable distribution of wealth. Moreover, protection of capital for financier reduces the market abilities to achieve financial stability by matching credit expansion with the rise in the real economy. Shari’ah boards and regulators, as well as, management of Islamic banking industry are expected to incorporate proposed changes in-practice for the realization of Islamic finance objectives.

Originality/value

This study contributes to Islamic finance literature in the area of risk-return sharing. Based on important objectives of Islamic finance – equitable distribution of wealth and financial stability – divergences identified and a modified IMM in the light of Musharakah principles is presented. Descriptive rules are transformed into financial figures to document financial rights and liabilities of the concerned parties.

Details

International Journal of Emerging Markets, vol. 14 no. 5
Type: Research Article
ISSN: 1746-8809

Keywords

Article
Publication date: 3 February 2012

Bijan Bidabad

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.

Details

International Journal of Law and Management, vol. 54 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 22 June 2010

Muhammad Abu Sadah

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…

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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.

Details

Journal of International Trade Law and Policy, vol. 9 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 February 1989

Masudul Alam Choudhury

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.

Details

International Journal of Social Economics, vol. 16 no. 2
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 13 September 2011

Bijan Bidabad

International relations are involved in an undesirable order at the present time. It is emphatically necessary to propound firm principles to regulate the relationships among…

Abstract

Purpose

International relations are involved in an undesirable order at the present time. It is emphatically necessary to propound firm principles to regulate the relationships among states and nations, and new laws and regulations are to be enacted at the international level. The purpose of this paper is to enumerate some of the main guide stones for development of Islamic thoughts in the fields of international humanities.

Design/methodology/approach

The authors enumerate the principles of Sufi foundations of international relations in Islam by introducing the theosophical standpoints of Islamic Sufism.

Findings

The paper introduces 95 principles in three categories of public international law, foreign policy, and diplomacy.

Research limitations/implications

As long as the essence of all religions has a unique root which is their spiritual paths and understandings based on their mystical views. To popularize and internationalize this proposition, comparative researches in other religions' Gnosticism will be essential.

Practical implications

Putting several principles forward, on the next phases, they can be used as the basis for many applied debates in the field and may be ended to a new international declaration/law.

Social implications

Delicateness, truthfulness, and righteousness of Islamic Sufism, which is the gist of thoughts of humankind's elites who are divine messengers/guardians during millenaries, may turn the attentions of scholars and researchers to this viewpoint, and consequently a new set of thoughts/doctrines for regulating international relations to be defined and codified.

Originality/value

International relations scholars have not touched the topic from a Sufi point of view. This paper brings this approach to a new challenging arena for those who are engaged in international relations related subjects of laws, politics, institutions, and organizations.

Details

International Journal of Law and Management, vol. 53 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Abstract

Details

Organizational Behavior Management
Type: Book
ISBN: 978-1-78769-678-5

Article
Publication date: 15 August 2016

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.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 9 no. 3
Type: Research Article
ISSN: 1753-8394

Keywords

Article
Publication date: 9 November 2012

Bijan Bidabad

This paper aims to investigate the general rules of diplomacy and the manner of the Islamic government's behavior with other nations and governments from the viewpoint of Sufi…

Abstract

Purpose

This paper aims to investigate the general rules of diplomacy and the manner of the Islamic government's behavior with other nations and governments from the viewpoint of Sufi mystics. The aim of diplomacy in Islam is not only summarized in getting benefits for her country. The aim of diplomacy in Islam is to develop human transcendence by divine teachings and is superior to just material benefits and privileges exchange. Basically, the Islam's government does not look at the other countries as a source of exploitation but as a brother or neighbor attempting to organize relations. In the current system of international relations in the world, so much attention has been paid to material benefits; but ethics and spiritualities are ignored.

Design/methodology/approach

Islamic diplomacy with the aim of improving moralities and spiritualities attempts to create relations with other countries. Some principles for reaching this goal based on Islamic Sufism standpoints are provided.

Findings

A total of 23 principles are introduced.

Research limitations/implications

Comparative research in other religions' Gnosticism will be helpful.

Practical implications

These principles can be used for applied debates in the field and be ended to new international regulations.

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 regulations to be codified.

Originality/value

Political scientists have not touched the topic from a Sufi point of view. This paper brings this approach to a new challenging arena for those who are engaged in it.

Details

International Journal of Law and Management, vol. 54 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 18 April 2016

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.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 9 no. 1
Type: Research Article
ISSN: 1753-8394

Keywords

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