• Title/Summary/Keyword: Islamic Law

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The Concept of Corporations In Saudi Law and Its Relationship With Islamic Law

  • Alzhrani, Abdulrahman AA
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.425-431
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    • 2022
  • Saudi laws must be derived from Islamic law. However, Islamic law has a flexible methodology that allows it to deal with any form of business entity. Today there is no difference between the countries around the world about the general concept of the corporation because countries have copied the system of the corporation from each other since the sixteenth century.

An Application of The Islamic Methodology in The Enactment of Criminal Laws and Policy Formulation

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.169-174
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    • 2022
  • Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of criminal law.

An Application of The Islamic Methodology in The Enactment of Commercial Laws and Policy Formulation

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.129-134
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    • 2022
  • Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of commercial law.

Historical Review of Who Has Control Over Public Policy Formulation in Islamic Law

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.357-361
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    • 2022
  • The paper demonstrates how the Islamic governments in the Islamic history derived the authority for regulations and laws from the Qur'ān and the Sunna (sayings of the Prophet). These two laws are sovereign over public policy. Then, it shows the obstacles that prevented modern Muslim countries from formulating public policy based on Sharia law.

Islamic Legal Reasoning for the Justification of Tax Evasion: The Case of Indonesia

  • HIDAYAT, Nurul;SHARKEY, Nolan
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.8
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    • pp.475-486
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    • 2021
  • Religiosity is often perceived as a trait that can effectively suppress attitudes and behavior that lead to people evading taxes. However, this study finds that Islamic religiosity has a complicated relationship with tax evasion. This study employs a mixed-method, which involves collecting, analyzing, and integrating quantitative and qualitative research, and this integration provides a better understanding of the research problem. Qualitative analyses of the sermons of prominent Islamic clerics speaking on taxes on YouTube channels revealed different views. The textualists/conservative clerics viewed taxes are prohibited based on the fact of Islamic history and tax prohibition stated in a hadith. Furthermore, tax compliance is determined solely by the threat of punishment from the government. On the other hand, the moderate preachers seem to be more flexible in response to tax issues. They involve the framework of contextual and analogical-historical practice. Quantitative analyses from the survey found that Islamic religiosity is not directly correlated with tax evasion. However, the sentiment of Islamic law adoption by the state has significantly mediated the correlation between them. In addition, respondents who affiliate with moderate Islamic organizations tend to have less justification of tax evasion than those who affiliate with conservative organizations or movements.

An Analysis on the Operation Model of Islamic Insurance (이슬람보험 운영모델 분석)

  • CHOI, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.453-472
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    • 2016
  • As globalization is widely expanded in Islamic world as well as huge capital like oil-money is looking for new investment areas, our government should keep eyes on the current situation of Muslim market. This study will focus on the research of operation model of Islamic insurance. It will analysis on the institutional aspects of Islamic insurance(Takaful) system, which is a step further on the basis of these previous researches about Islamic finance. Takaful is conducted with various machanism such as Wakala, Mudarabah, Waqf. The mechanism can also be intermingled with one another to form other diverse contracts. However most of them are focused on basic conceptual elements of Islamic insurance system. As public interests in Islamic insurance are increasing these days, many Islam related literatures are issued accordingly. But most of them were focused on basic aspect of Islamic financial system or on the study of business management structure. The conceptual approach to evaluate the Islamic insurance market shall become the foundation of operation in conventional business law and regulation penetrate to the Islamic business environment. Therefore, the research of the operation model in Islamic insurance system as well as the search of trade engineering basis.

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Productivity of Islamic Banks in Indonesia: Social Funds versus Financial Funds

  • USMAN, Nurodin;ANDRIYANI, Lilik;PAMBUKO, Zulfikar Bagus
    • The Journal of Asian Finance, Economics and Business
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    • v.6 no.3
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    • pp.115-122
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    • 2019
  • Under the Act No. 21 of 2008, Islamic banks in Indonesia as an intermediary institution are obligated to manage the resources simultaneously, the financial funds as well as the social funds, e.g. zakah, infaq, and sadaqah. This study aims to investigate the productivity change of social funds and financial funds of Islamic Banks in Indonesia. Non-parametric tests of Malmquist Productivity Index (MPI) is applied to annual data from period 2012 to 2017, encompassing post-reform of banking authority from Bank Indonesia to The Financial Services Authority (OJK) at 2012. The samples are nine Islamic banks in Indonesia which were able to provide the data during observation period. The results indicate that social funds are more productive than financial funds and productivity change tends to trade off. The productivity of social funds is progressed by 8.2% while the financial funds is regressed by 5.4%. Overall, the productivity change of Islamic banks is influenced by technological aspect rather than the efficiency aspect. Besides, BRI Syariah is the best performer in managing financial funds while BCA Syariah as the best performer in social funds. It implies that the policymakers may strengthen the supervisory and coaching to increase the Islamic banks' productivity in both activities.

Benford's Law and its Application in Auditing

  • Mohammadi, Shaban;Nezhad, Behrad Moein;Mohammadi, Ali;Zahmati, Fateme
    • The Journal of Industrial Distribution & Business
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    • v.6 no.2
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    • pp.13-16
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    • 2015
  • Purpose - Benford's Law is a simple and effective auditor tool that detects fraud. This paper's purpose is to audit the efficiency of Benford's law, which uses a set of strange observations, certain numbers repeated over other numbers in the data set. Research design, data, and methodology - Benford's law was applied in numerical analysis. We can say that in addition to reducing the duration of the audit, the capacities of the audit were more robust. Results - Sample auditse valuated the ability of auditors to prove fraud and expand the use of analytical procedures in planning the audit. Additionally, the use of the analyses as part of the computer's internal controls helped to further improve the effectiveness of internal controls and reinforce them. Conclusions - Benford analysis should be carried out as appropriate. In subsequent studies, it can also be examined as a tool to reveal doubtful accounts. Numerical analysis of the data and a computer are necessary. Programs for data analysis in various applications such as auditing (SAS) and (ACL) and (Case Ware) and (IDEA) are available.

The Concept of Siāsa Shar'iyyah As a Basis of Applying Sharia Law

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.352-356
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    • 2022
  • The purpose of this paper is the clarify the concept of Siāsa Shar'iyyah-the foundational principle of the application of Islamic law-and the occasion and methodology of the Muslim community in the implementation of Sharia. The paper deals with two important issues in terms of the impact of Sharia implementation. The first is the impact of applying Siāsa Shar'iyyah in terms of detailed rulings in Sharia. The second is the overall impact Siāsa Shar'iyyah has on the application of Sharia as a country's political system.

Sole Proprietorship Business Succession in Malaysia: A Perspective of Civil and Islamic Law

  • HAMDAN, Afifah;NOR MUHAMAD, Nasrul Hisyam;KAMARUDIN, Mohd Khairy;SAMAT@DARAWI, Abdul Basit;AB RAHIM, Nik Mohd Zaim;MOHAMAD NORZILAN, Nur Izzati
    • The Journal of Asian Finance, Economics and Business
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    • v.9 no.3
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    • pp.285-293
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    • 2022
  • Issues relating to business inheritance are a primary focus for business owners. Business inheritance is critical to ensuring that the business can be managed by the next generation and family members can benefit from the earnings and revenues. Therefore, preliminary planning must be done while the business owner is still alive by selecting the appropriate business inheritance mechanism for Muslims in Malaysia. The mechanisms of business inheritance, notably faraid, hibah, amanah, and hibah amanah will be examined in this paper from both a civil and Islamic perspective. By reviewing written journals and previous research, this research utilizes the library method. According to this study, business succession can be carried out by naming a beneficiary as a partner in the company or by completing the ownership transfer process while the owner is still living. In the other situation, it can be done by anyone among the heirs agreeing to re-register the business as usual. Meanwhile, there are four main instruments in Islamic law that can be used: faraid, hibah, amanah, and commercial hibah. According to this study, each instrument has a different impact on business succession. Entrepreneurs should use these instruments in their firm succession planning.