bluuebunny/crossref_metadata_2025 huggingface dataset:
Anisotropic Soft Composite Based Hyperelastic Model
Authors: Chanda Arnab
Published: October 2018

Tissues and organs are soft composite systems made of collagen fibers embedded within an extracellular matrix. These soft composite systems exhibit directional and regional material anisotropy due to varying fiber distributions and orientations. To date, anisotropic material properties of soft composite systems have been characterized using simplified isotropic and transversely isotropic hyperelastic material models in various computational and experimental studies. These simplifications may not only lead to inaccurate results from analyses, but also inhibit the study of the effect of important tissue modifications due to disease. In this work, a novel composite based hyperelastic model was developed which can characterize tissue anisotropy. This model considers both the soft fibers and matrix to be hyperelastic materials, which interact through shear deformation. The effect of the individual contribution of the fibers and matrix were introduced into the numerical framework for a single soft composite layer and the changes due to variations in the fiber orientation were incorporated into the strain energy functions. Also, strain energy formulations were developed for multiple soft composite layers with varying fiber orientations and contributions, which can describe the biomechanical behavior of organs consisting of multiple tissue layers. Stress versus strain relationships were derived from the strain energy equations for a uniaxial mechanical test condition. To validate the model parameters, experimental models of soft composites tested under uniaxial loads in literature were characterized using the novel anisotropic hyperelastic model. An average R2 correlation index of 0.983 was estimated for the developed model. To date, such a robust anisotropic hyperelastic model has not been developed to the best of our knowledge, which would be indispensable for experimental characterization of tissues and for improving the fidelity of computational models of organ systems in future.
Electrospun Polyethene oxide-graphite composite anode for solid-state lithium-ion batteries
Authors: Arrese-Igor Mikel , Radacsi Norbert
Published: October 2018

Current lithium-ion batteries are close to reaching their physicochemical energy density limit. Moreover, they present high operation risks regarding their liquid electrolyte. Solid-state batteries are a promising alternative to overcome these problems. They offer safe operation, and potentially improved energy and power density. The option of operating at higher voltages has led to the possibility of employing high capacity electrodes. In this study, the synthesis of a nanostructured anode through electrospinning was carried out. This electrode is based on polymer nanofibres with intercalated graphite particles. The effect of molecular weight, voltage, temperature and humidity has been studied for the formation of smooth and uniform nanofibres. At the optimized conditions, Polyethylene oxide (PEO)-Polyethylene glycol (PEG) nanofibres with diameters around 600 nm were successfully electrospun. The effect of graphite loading on the electrospinning of this solution was also studied. A 30% graphite particle loading in the final fibres was reached with a reproducible methodology. It was found that the electrospun graphite particles received a polymer coating during electrospinning. EDX analysis confirmed that most of the graphite particles are covered by a polymer layer, confirming this hypothesis. Even if it is unclear how this affects the behaviour of the graphite for energy storage, high graphite content was electrospun together with PEO nanofibres with a new methodology.
Perempuan Minangkabau dari Konsepsi Ideal-Tradisional, Modernisasi, sampai Kehilangan Identitas
Authors: Wahyudi Wendi Ahmad
Published: October 2018

Prinsip kekerabatan masyarakat Minangkabau adalah matrilineal descen yang mengatur hubungan kekerabatan melalui garis ibu. Dengan prinsip ini, seorang anak akan mengambil suku ibunya. Garis turunan ini juga mempunyai arti pada penerusan harta warisan, di mana seorang anak akan memperoleh warisan menurut garis ibu. Warisan yang dimaksud adalah berupa harta peninggalan yang sudah turun-temurun menurut garis ibu. Secara lebih luas, harta warisan (pusaka) dapat dikelompokkan dua macam, yaitu pusaka tinggi dan pusaka rendah. Pusaka tinggi adalah harta yang diwarisi dari ibu secara turun-temurun,sedangkan pusaka rendah adalah warisan dari hasil usaha ibu dan bapak selama mereka terikat perkawinan. Konsekuensi dari sistem pewarisan pusaka tinggi, setiap warisan akan jatuh pada anak perempuan; anak laki-laki tidak mempunyai hak memiliki—hanya hak mengusahakan; sedangkan anak perempuan mempunyai hak memiliki sampai diwariskan pula kepada anaknya. Seorang laki-laki hanya boleh mengambil sebagian dari hasil harta warisan sesuai dengan usahanya—sama sekali tidak dapat mewariskan kepada anaknya. Kalau ia meninggal, maka harta itu akan kembali kepada ibunya atau kepada adik perempuan dan kemenakannya (Wardizal, 2010).
A REVIEW Teknik Blended : Prinsip dan Dasar-Dasar
Authors: Fatimah Putri , Jumalia Rima , Novianti Exsa Rahma , Zainul Rahadian
Published: October 2018

Blending adalah salah satu metode atau proses material dengan cara kerjanya menggabungkan bahan material dalam jumlah yang telah ditentukan. Review ini bertujuan untuk mengulas kembali atau meninjau kembali suatu penelitian yang telah dilakukan orang lain agar diketahui oleh khalayak umum. Metode seperti blending dapat digunakan untuk membuat nano selulosa dari ampas tebu, sistesis chitin/curcumin, dan pembuatan batu bara. Alat yang digunakan dalam teknik blending ini dapat melakukan proses pencampuran resin polimer atau pencampuran lain sesuai kebutahan yang diinginkan. Hal yang harus diperhatikan dalam teknik blending ini adalah bahan atau material yang digunakan untuk membuat produk harus sesuai dengan proporsi yang sudah ditetapkan
A Review CHEMICAL VAPOR DEPOSITION : PROCESS AND APPLICATION
Authors: Dinata Agil Aditya , Rosyadi Abel Maaruf , Hamid Syukri , Zainul Rahadian
Published: October 2018

Chemical Vapor Deposition merupakan metode deposisi yang digunakan untuk menghasilkan bahan padat berkualitas tinggi dan berkinerja tinggi yang biasanya dibawah vakum. Tujuan review ini adalah untuk mengetahui proses dan teknik dari Chemical Vapor Deposition. Prinsip kerja dari Chemical Vapor Deposition yaitu proses pengendapan senyawa/ unsur terjadi akibat reaksi dekomposisi kimia akibat aktivasi termal di seputar komponean yang dilapisi. Beberapa material yang dihasilkan dengan menggunakan metode Chemical Vapor Deposition ini adalah berlian sintesis, thin film coating, lapisan emas dengan ketebalan yang tipis.
Ecological Mechanisms in Cognitive Science
Authors: golonka sabrina , Wilson Andrew D
Published: October 2018

Bechtel & Abrahamsen (2010) defined and described what it means to be a dynamic causal mechanistic explanatory model. They discussed the development of a mechanistic explanation of circadian rhythms as an exemplar of the process, and they challenged cognitive science to follow this example. This paper takes on this challenge. A mechanistic model is one that accurately represents the real parts and operations of the mechanism being studies. These real components must be identified by an empirical programme that decomposes the system at the correct level and localises the components in space and time. Psychological behaviour emerges from the nature of our real time interaction with our environments, and so here we show that the correct level for decomposition is the ecological perceptual information that enables that interaction. As proof of concept, we show that a simple model of coordinated rhythmic movement, grounded in information, is a genuine dynamical mechanistic explanation of many key coordination phenomena.
Action processing in the motor system: TMS evidence of shared mechanisms in the visual and linguistic modalities.
Authors: Gianelli Claudia , Kühne Katharina , Mencaraglia Silvia , Volta Riccardo Dalla
Published: October 2018

In two experiments, we compared the dynamics of corticospinal excitability when processing visually or linguistically presented tool-oriented hand actions in native speakers and sequential bilinguals. In a third experiment we used the same procedure to test non-motor, low-level stimuli, i.e. scrambled images and pseudo-words. Stimuli were presented in sequence: pictures (tool + tool-oriented hand action or their scrambled counterpart) and words (tool noun + tool-action verb or pseudo-words). Experiment 1 presented German linguistic stimuli to native speakers, while Experiment 2 presented English stimuli to non-natives. Experiment 3 tested Italian native speakers. Single-pulse trascranial brain stimulation (spTMS) was applied to the left motor cortex at five different timings: baseline, 200ms after tool/noun onset, 150, 350 and 500ms after hand/verb onset with motor-evoked potentials (MEPs) recorded from the first dorsal interosseous (FDI) and abductor digiti minimi (ADM) muscles.We report strong similarities in the dynamics of corticospinal excitability across the visual and linguistic modalities. MEPs’ suppression started as early as 150ms and lasted for the duration of stimulus presentation (500ms). Moreover, we show that this modulation is absent for stimuli with no motor content. Overall, our study supports the notion of a core, overarching system of action semantics shared by different modalities.
The Dark Side of Morality: Prioritizing Sanctity Over Care Motivates Denial of Mind and Prejudice Toward Sexual Out-Groups (Monroe & Plant, in press)
Authors: Monroe Andrew Elliott , Plant E. Ashby
Published: October 2018

Moral values bind communities together and foster cooperation; yet, these same values can lead to the derogation and marginalization of outgroups. Five studies test a theoretical framework proposing that preferentially endorsing moral values of sanctity versus care (the sanctity-care tradeoff) produces a motivational bias whereby people perceive sexual outgroup members as less human. This denial of mind, in turn, legitimizes expressions of prejudice and discrimination toward sexual outgroups. Study 1 showed that natural variations in people’s moral values predicted denial of mind and prejudice. Study 2 replicated this pattern, examining political liberals and conservatives, and demonstrating that moral values and denial of mind help explain the relationship between personal politics and prejudice. Study 3 measured people’s moral values by examining people’s willingness to tradeoff a moral value for money and used this measure to predict denial of mind, prejudice, and decreased willingness to help transgender individuals. Study 4 used religion to boost sanctity values and found a corresponding increase in denial of mind and prejudice. Finally, Study 5 reduced denial of mind and prejudice by intensifying concerns about care. Together, these studies demonstrate that moral values importantly influence how people decide who possesses a mind and is entitled to moral rights, and who is mindless and allowed to be hurt or neglected.
Personally perceived publication pressure - Revising the Publication Pressure Questionnaire (PPQ) by using work stress models
Authors: Haven Tamarinde Laura , de Goede Marije , Tijdink Joeri K. , Oort Frans J.
Published: October 2018

The emphasis on impact factors and the quantity of publications, intensifies competition between researchers. This competition was considered an incentive to produce high quality work, but there are unwanted side-effects of this competition like publication pressure. To measure the effect of publication pressure on researchers, the Publication Pressure Questionnaire (PPQ) was developed. Upon using the PPQ, some issues came to light that motivated a revision. We constructed two new subscales using the facet method. We administered the revised PPQ to a convenience sample together with the Maslach Burnout Inventory (MBI) and the Work Design Questionnaire (WDQ). To assess which items best measured publication pressure, we carried out a Principal Component Analysis (PCA). Reliability was sufficient when Cronbach’s alpha > 0.7. Finally, we administered the PPQr in a larger, independent sample of researchers to check the reliability of the revision. Three components were identified as ‘stress’, ‘attitude’ and ‘resources’. We selected 3 x 6 = 18 items with high loadings in the three-component solution. Based on the convenience sample, Cronbach’s alphas were 0.83 for Stress, 0.80 for Attitude, and 0.76 for Resources. We checked the validity of the PPQr’s by inspecting the correlations with the MBI and the WDQ. Stress correlated .621 with MBI’s emotional exhaustion. Resources correlated .498 with relevant included WDQ subscales. To assess the internal structure of the PPQr in the independent reliability sample, we conducted principal components analysis. The three-component solution explains 50% of the variance. Cronbach’s alphas were 0.80, 0.78, and 0.75 for Stress, Attitude, and Resources, respectively. We conclude that the PPQr is a robust and reliable instrument to measure publication pressure in academic researchers from all disciplinary fields. The PPQr can help identify which academic researchers are at risk for developing burnout symptoms. The PPQr could also be beneficial for policy makers and research institutions to assess the degree of publication pressure in their institute.
Gesture-Speech Physics: The Biomechanical Basis for the Emergence of Gesture-Speech Synchrony
Authors: Pouw Wim , Harrison Steven A. , Dixon James A.
Published: October 2018

Hand gestures and speech move in a common rhythm, as exemplified by the synchrony between prosodic contrasts in gesture movement (e.g., peak velocity; maximum effort) and speech (e.g., peaks in fundamental frequency; F0). This joined rhythmic activity is hypothesized to have a variable set of functions, ranging from self-serving cognitive benefits for the gesturer, to communicational advantages that support listeners’ understanding. However, gesture-speech synchrony has been invariably understood as a “neural-cognitive” achievement; i.e., gesture and speech are coupled through neural-cognitive mediation. Yet, it is possible that gesture-speech synchrony emerges out of resonating forces that travel through a common physical medium – the body. In the current pre-registered study, we show that movements with relatively high physical impact affect phonation in a way that accommodates gesture-speech synchrony. Beating with one arm or two arms at a rhythmic pace led to acoustic peaks in the fundamental frequency (F0) and the amplitude envelope of phonation that were entrained with the rhythm of movement. Such effects were not found for upper limb movements with lower physical impetus (wrist movements), nor when participants were phonating without movement. We further provide evidence that postural stability is contributing to the effect of movement on phonation, as entrainment of movement and phonation was more pronounced when participants were standing as opposed to sitting. The current findings suggest that gesture-speech synchrony emerges from biomechanical constraints, potentially obviating the need for a cognitive predictive mechanism that ties gesture and speech in synchrony.
Theories of the Causes of Poverty
Authors: Brady David
Published: October 2018

There has been a lack of debate between and frameworks for theories of the causes of poverty. This essay proposes that most theories of poverty can be productively categorized into three broader families of theories: behavioral, structural, and political. Behavioral theories concentrate on individual behaviors as driven by incentives and culture. Structural theories emphasize the demographic and labor market context, which causes both behavior and poverty. Political theories contend that power and institutions cause policy, which causes poverty, and moderates the relationship between behavior and poverty. I review each theory’s arguments, contributions and challenges. Further, I explain how to integrate, classify studies into, and distinguish between theories. Ultimately, I argue that poverty research would benefit from more explicit theory and theoretical debate, as well as greater interdisciplinarity and integration between studies of the U.S., rich democracies, and developing countries.
The Harmonization of Naqlī And ‘Aqlī Approaches In Affirming The Islamic Creed In Dāwūd Al-Faṭānī’s Ward Al-Zawāhir
Authors: Mohamad Hasbullah bin
Published: October 2018

This paper offers an examination of the scholarship of Dāwūd al-Faṭānī in dealing with the revealed sources (naqlī) and qualified scholarship in the exercise of the intellect (‘aqlī) in affirming the Islamic creed. The author emphasizes the determination of Dāwūd al-Faṭānī on the need to refer to the authority of naqlī and ‘aqlī so as to guard against deviation and exceeding the proper limits of methodological practices towards theological goal of knowing God (ma‘rifat Allāh). A qualitative methodology in which the textual analysis and comparative study was employed to analyse textual materials related to Dāwūd al-Faṭānī especially his writing, the Ward al-Zawāhir.  Findings indicate that Dāwūd al-Faṭānī attempted to integrate the naqlī and ‘aqlī approaches, and harmonize such distinctions in dealing with theological approaches especially that of Salaf and Khalaf’s.
Cash Waqf in Sustaining Of Indonesian Society “In Legal & Economic Perspective”
Authors: Sukarmi Sukarmi , Victoria Argo
Published: October 2018

Abstract

This article aims to make an overview on the rule and significance of cash waqf (waqf al-nuqūd) in Indonesia as a new social tool to alleviate poverty. The author highlights that Cash waqf is introduced as a new concept of waqf to solve many social problems in Muslim society of Indonesia. The qualitative methodology is employed to analyze the issues and development of cash waqf in Indonesia. Findings indicate that the cash waqf has been legalized by both Islamic scholar and national law of Indonesia so that Muslims have a chance to maximize the utilization of their waqf through a well-organized endowment and waqf organization.

Keywords: Waqf, Endowment, Law, Economic, Indonesia
THE ACCESSIBILITY OF BUILDINGS AND HOUSES FOR DISABLED PERSONS: THE LAW AND PRACTICE IN MALAYSIA
Authors: Sufian Azlinor
Published: October 2018

Malaysia is one of the signatories to the proclamations of Asia & Pacific Decade of Disabled Persons (1993-2002), yet Malaysia is still lacking of comprehensive laws as regards to rights of persons with disabilities. The only law available is the Uniform Building (Amendment) By Laws, 1991(UBBL Amendment 1991) that provides for building requirements for disabled persons. This by law may be regarded as an initial step taken by Malaysia to ensure a disabled person’s right to full participation in social development. Despite the existence of this by law, most buildings in Malaysia do not have proper facilities or provide easy access for persons with disabilities. Similarly as far as housing is concerned there is no statutory requirement stipulating that housing (in particular public housing) should be designed to accommodate the needs of persons with disabilities. It is the aim of this article to look into some legal provisions related to barrier free buildings including housing in Malaysia.
STRENGTHENING LEGAL EDUCATION AND JUDICIAL TRAINING IN THE MALDIVES: A CASE STUDY
Authors: Nanwani Suresh , Ayus A. Mohaimin
Published: October 2018

The article discusses the law and policy reform activities carried out by the Asian Development Bank with its focus on countries in the Asia-Pacific region, and the legal interventions which impact upon citizens, private sector, and state institutions. The technical assistance seeks to strengthen legal education and judicial training in the Maldives. Under this project, the country’s recently-established Faculty of Shariah and Law was strengthened to provide legal education to students wishing to study shariah and law and obtain a law degree. Also, judicial training was provided to the country’s judges and island magistrates to carry out their duties in hearing cases and applying law and court procedures. The article postulates the need to take into account and address the local needs, context and sensitivities, rather than merely transplanting a western legal system which would otherwise not work for the country and its peoples where shariah is an important legal system. It also highlights the need to adopt a flexible approach in addressing problems and challenges rising during project execution to ensure realization of effective results. The article offers some thoughts and reflections on the lessons learnt for consideration in any developing country on a similar project to strengthen legal education and judicial training.
THE RIGHTS OF A RAPE VICTIM IN ISLAMIC LAW
Authors: Noor Azman bin Mohd , Ibrahim Ahmad Basri bin
Published: October 2018

Rape victims undergo double jeopardy as they experience unwanted aggression against their freewill which make them suffer physically and mentally, and at the same time they have to fight to be treated fairly and respectfully within the legal environment. There has been a controversial issue regarding rape prosecution in Islamic legal system as the rape victim would be either charged with zinā (illegal sexual intercourse) because of her confession or qadhf (false accusation) as a result of her failure to bring four male eyewitnesses. This paper aims at investigating the fundamental rights of rape victims provided in Islamic law. This will include legal rights to be defended fairly, exemption of punishment, adequate compensation, and other essential rights. This study will explore opinions and arguments of classical Muslim jurisprudents from various schools of law.
METHODS OF PROOF AND EVIDENTIARY REQUIREMENTS IN DIVORCE CASES: AN ISLAMIC PERSPECTIVE
Authors: Ramlee Zulfakar , Malek Normi Abdul
Published: October 2018

The bulk of Shariah Court cases nowadays involve matters pertaining to the dissolution of marriage. The most common ones are ṭalāq, taʿlīq and fasakh. The reason as to why the Shariah Courts are crammed with these cases is not merely due to the increasing number of divorce cases but can also be attributed to the difficulty in proving them. Today, as lifestyles become more complicated, ṭalāq is no longer the same as ṭalāq, previously understood. The husband no longer pronounces it openly or orally. Current technology such as SMS and email has overshadowed the sanctity of ṭalāq. The situation becomes worse when the sender, that is the husband, denies it. To obtain dissolution of marriage via taʿlīq or fasakh, in most cases, has proved to be a nightmare. There are many causes that contribute to it; ranging from the complexity of the subject itself, the provisions of the law and how to apply them, misconception on the methods of proof, and the wrong imposition of burden of proof. Due to all these factors, it is simply concluded by one section of the society as ‘gender discrimination’ and sometimes the blame has been put on the Shariah Court itself. This paper intends to provide some suggestions and solutions to the problems mentioned above. It is hoped that the courts and those involved in legal suits would be ready to accept the wider concept of evidence without confining themselves merely to the requirements of two male witnesses.
Ahmad Ibrahim Memorial Lecture; Humanitarian Conflicts and Crises: where can ADR play any role?
Authors: Idid Syed Ahmad
Published: October 2018

I am particularly delighted to be here this afternoon despite the fact that this is the snoozing period. looking at how well prepared you are, and everyone has a smile, I know you are here to share your concerns with what occurs in several parts of the world ...for some time now and continuing today. As I speak here, I received several alerts that there are troubles in Gaza, in Dafur, in Honduras and Urumqi just a few moments ago.
THE ENVIRONMENTAL QUALITY ACT 1974: A SIGNIFICANT LEGAL INSTRUMENT FOR IMPLEMENTING ENVIRONMENTAL POLICY DIRECTIVES OF MALAYSIA
Authors: Mustafa Maizatun
Published: October 2018

In Malaysia, the Environmental Quality Act 1974 is considered to be the most comprehensive piece of legislation promulgated to deal with environmental protection and pollution control. The Act also forms the basic instrument for achieving environmental policy objectives. As a developing country that strives for economic growth, Malaysia’s rapid development activities especially since the early 1980s have unveiled new dimensions to environmental concerns. Since its introduction more than 30 years ago, the scope and strategies of this Act have been constantly amended, altered or improved in the pursuit of environmental policy objectives. Thus, in the context of environmental protection, the Environmental Quality Act 1974 needs to be pro-active and flexible enough to accommodate new measures for facing challenging environmental problems. These changes provide an indication of the increasing complexities of environmental issues facing Malaysia. This paper examines the development of environmental strategies that has taken place within the framework of the Act, based on Malaysia’s environmental policy directives particularly on sustainable development.
THE PRINCIPLE OF QUALITY OF LIFE VERSUS SANCTITY OF LIFE IN THE EUTHANASIA DEBATE: WHERE DOES ISLAMIC LAW STANDS?
Authors: Adeniyi Omipidan Bashiru
Published: October 2018

The trend in most part of the western world today is the agitations for a person to have the right to take his own life, when such life, becomes unbearable due to pain, being the result of a severe or terminal illness. This is the position of proponents of the concept of euthanasia and assisted suicide. Opponents of the concept on the other hand are of the view that no matter the circumstances, a person should not take his own life because he has contributed nothing to its creation. They therefore uphold the sanctity of life as against its quality. This paper seeks to examine the relative arguments and will address the position of Islamic law governing the euthanasia debate.
CIVIL LITIGATION NEGLIGENCE AND THE MALAYSIAN ADVOCATE
Authors: Bakar Baharuddeen Abu
Published: October 2018

Civil litigation negligence now stands on a surer footing following cases from Canada, England and elsewhere which lay emphasis on the adversarial system rather than the structure of the profession, and immunity has now been almost completely abolished by judicial decisions. In Malaysia, the basis of legal professional liability is expected to be re-aligned to be consistent with the other common law countries that have abolished immunity. The questions that necessitate consideration are therefore acts that would constitute negligence and those that are excusable, the relevant defences, and, of course, the alternative sanctions to civil litigation for this type of negligence. The fused nature of the profession in Malaysia, perceived to be more burdensome to its members, raises the question of the appropriate standard of the duty of skill and care.(For the purposes of this article an ‘advocate’ refers to the Malaysian (and Singaporean) lawyer, who as a member of a ‘true fused’ profession, engages in litigation or ‘contentious business’ as defined in s. 3 of the Legal Profession Act 1976.) {The writer is of the firm view that criminal cases should be considered separately from civil cases because of the difference in the law of procedure relating to the preparation of a case for presentation in court and the public policy considerations peculiar to each type of case as seen in the approach taken by the House of Lords in Arthur J.S. Hall v Simons in which separate judgments were delivered for each type of case. And in Rees v Sinclair [1974] 1 NZLR 180, a civil case, in which the New Zealand Court of Appeal did not consider the position in criminal cases.}
THE NEED FOR ESTABLISHMENT OF A FAMILY COURT IN MALAYSIA: AN APPRAISAL
Authors: Arshad 'Ain Husna Mohd. , Yusoff Roslina Che Soh
Published: October 2018

The adjudication of family disputes by different courts with different jurisdictions in the present court system is ineffective in providing a comprehensive approach to the management of family-related disputes. Furthermore, the adversarial system of litigation of the present courts in Malaysia negates the possibility of resolving conflicts amicably. The establishment of a family court in Malaysia would be in line with the objective of the National Family Policy which encourages the sustainability of the family institution. Basically, this paper seeks to discuss the concept of family court and the need for its establishment in Malaysia. The paper will also briefly discuss the implementation of family court systems in Australia, Singapore and Egypt as these countries have a well developed family court system. The purpose is to learn from their experiences in providing a comprehensive solution to resolve family related disputes in Malaysia.
A FRAMEWORK OF ISLAMIC ECONOMICS WITH REFERENCE TO ISLAMIC TAXATION AND ALLOWABLE EXPENDITURES
Authors: Nafiu Olaitan Sarafadeen
Published: October 2018

The concept ofIslamic Economics underscores the view that Islam, as a religion dictates atotal way of life. The system of taxation in Islam, which is a prominent partof its economics is said to be divinely designed to arrest poverty in theMuslim community. Zakaat has often been cited as a good example of this systemof taxation. It is generally accepted as an act ordained by God to ensure fairre-distribution of economic resources among the followers of Islam. This paperexamines Islamic economics, and in doing so, it evaluates the meaning of Zakaatwith a view to throwing more light on its uniqueness as an Islamic form oftaxation. It also highlights allowable expenditures for tax purposes that areavailable to business entities, subject to levy of business Zakaat. It comparessuch tax deductions with conventional ones operating in non-Islamic settings,specifically in common law jurisdictions. The article concludes that despiteambiguity surrounding the Islamic taxation especially on issues of tax base,treatment, procedures, interpretation of law, and several others, Islamic taxpolicies are meant to foster plans on development in their entirety and toensure social security with the objective of alleviating poverty in the Muslimcommunity.
CONTRACTUAL TERMS IN MUSHARAKAH AND MUDARABAH RESTRICTING THE PROFIT SHARE OF A PARTNER OR FACILITATING LATER AMENDMENTS TO THE AGREED RATIO: A SCRUTINY
Authors: Sadique Muhammad Abdurrahman
Published: October 2018

Equity participation in joint ventures as envisaged in Shari‘ah consists of a business relationship based on mutual sharing of gains and liability. Such partnerships as prevalent in every sphere of commerce generally involve the possibility of unlimited gains for each partner in theory, without limitations attached to the amount of return to any single partner. A central pillar of the equity structure in Shari‘ah is the unbridled operation of the profit sharing ratio. Restriction of its application to a stipulated level of profits, thereby enabling a partner to claim unlimited profits while the profit share of the other is restricted to a maximum ceiling cannot be regarded to be consistent with the theory of equity participation. While such measures could realise some temporary benefit to Islamic banks, with continued practice, they could become deep-rooted in the concept of equity financing itself, thus making it operate subservient to debt financing norms. Islamic banks should attempt to alienate their identity from being lending institutions, a pioneer step towards which would be to implement a dynamic profit and loss sharing mechanism.
LEGAL CHALLENGES AFFECTING OFFSHORE TRUSTS POST 2008 FINANCIAL CRISIS
Authors: Hingun Mohsin
Published: October 2018

The phenomenal growth of offshore trusts valued in billions of dollars at the end of the last century as a result of its ability to attract, transfer and protect substantial sums of money from the settlor’s country to overseas jurisdictions with the potential to save, reduce, avoid and evade taxes have been subjected to critical examination by tax authorities, the courts, non-governmental organisations and the media, especially in the years following the 2008 financial crisis. The objective of this paper to briefly introduce the nature and uses of offshore is trusts and to focus on some of the important challenges they face in a hostile environment. An area of evolving interest is the secrecy issue inherent in offshore trusts which has been abused as a veil for tax avoidance/tax evasion.
ABORTION: AN INFRINGEMENT OF THE FOETUS’ RIGHT TO LIFE IN ISLAMIC LAW
Authors: Alkali Alhaji Umar , Mohd Azizah binti , Abdul Hak Nora , Yusoff Roslina Che Soh
Published: October 2018

Under Islamic law, the life of a human being is sacred and as such, no one is allowed to kill or bring an end to the life of another except in accordance with the law. Whether a foetus under Islamic law is entitled to enjoy this protection or not is a subject that is hotly debated by Muslim scholars. Abortion has a direct link to the right to life because when abortion is done, it simply brings an end to the life of the human being in the womb that is in the process of development. Abortion is generally prohibited under Islamic law because it is tantamount to killing a human being that has not fully developed. Muslim jurists are not unanimous on the stage and conditions that can warrant the permissibility of abortion. This study therefore intends to employ a doctrinal analysis in its methodology to examine the respective views of jurists on abortion. The study examines the definition of abortion from the juristic and medical perspectives, the concept of abortion under Islamic law and authorities from the Qur’an, sunnah and scholars’ views concerning abortion, situations under which abortion may be permitted under Islamic law and the position of the law in some Muslim states. The article ends with a conclusion and recommendations on the practical steps that need to be taken in order to ensure that children’s right to life are well protected even before they are born.
APPLICATION OF PROFIT AND LOSS SHARING MODES IN TRADE FINANCING FOR SMALL-SCALE BUSINESSES: AN ALTERNATIVE TO DEBT BASED FINANCING
Authors: Sadique Muhammad Abdurrahman
Published: October 2018

The current article analyses the application of Islamic financing modes based on equity participation for small and medium scale enterprises in short-term trade financing. In lieu of debt based modes such as murabahah favoured by Islamic banks in trade financing, the application of musharakah based alternatives is explored, with especial attention to practical aspects of relevance from a shari‘ah perspective arising in their implementation. Financing goods ready for sale, and financing purchase of stock are examined, comparing the joint-equity based structure with the debt-based structures, and identifying issues of importance. The equity based approach being applied as an all-embracing scheme encompassing purchase of raw material or trade goods to their final sale could be a viable and fairer alternative to debt based financing methods in vogue currently. Adopting suitable equity based structures, especially in the context of short-term financing for small-scale businesses, may provide considerable efficiency and convenience without the involvement of the drawbacks inherent to debt financing structures. Eliminating elements of debt financing from the equity-based modes so as to reveal their full potential and to realise their socio-economic objectives requires further study and continuous fine-tuning of the modes proposed.
The Attorney General as Public Prosecutor in Malaysia: from Quasi-Judicial to ‘Executive’
Authors: Abu Bakar Baharuddeen
Published: October 2018

The Public Prosecutor (PP), as the chief criminal law enforcement officer, impacts directly on the public; hence the greater concern for his independence and integrity as exemplified by the security of tenure provision in the 1957 Federal Constitution. This article uncompromisingly holds that the Attorney General (AG) being ‘political’, as he is selected by, negotiates his contract with and may be dismissed by the Prime Minister, should be separated from the position of PP and  protected from political interference.  This article traces the history of the emasculation of the PP from Independence to the present. It looks at the travails of the AG/PP during the Mahathir years.  One is bound to ask: how is the PP, who may be expected to enforce the criminal law against ordinary citizens, to do so against the head of government? It is based on statutory provisions and reported cases which involved the independence, powers and duties and security of tenure provisions and parliamentary debates (Hansard).
The Damning Effect of Terrorism on the Environment: Towards A Sustainable International Legal Framework
Authors: Al-Anezy Eisa
Published: October 2018

The increasing spate of terrorist activities and its damning effect on the environment through the use of harmful explosive devices calls for a comprehensive study to examine the need for an international legal framework for environmental protection.  This paper examines terrorist activities and counter-terror measures and the transboundary pollution effect of such measures in an increasingly populated planet. While adopting an analytical legal research method, this study analyses the environmental effect of terrorism and counter-terror measures using notable terrorist activities such as the 9/11 attack on the United States and relevant international legal instruments promulgated to combat terrorism and its harmful environmental effects.  The article concludes that while the act of terrorism should be condemned by all as it is harmful to the environment, counter-terror measures should be well managed to avoid environmental degradation and human collateral damage.  An international legal framework will be required to drastically reduce the environmental effect of counter-terror measures.
Legislating for Cybercrimes in the Maldives: Challenges and Prospects
Authors: Waheeda Fathimath
Published: October 2018

The growth of Information and Communication Technologies (ICT) has changed the way of life for many people in the Maldives. Unfortunately, with the benefits also comes the threats. The use of ICT have added new dimensions of threats such as online fraud and forgery, hacking into protected systems and dissemination of pornography. Hence, deterring cybercrime is crucial for the national security of the country. Adoption of an appropriate legislation to protect from abuse of ICTs for criminal purposes should be the highest priority for the legislators, as the speed of advancement of ICTs have challenged many areas of existing legislation. This article studies the legislative approaches used to regulate cybercrime, using the cybercrime offences highlighted in the Cybercrime Convention. The cyber laws of England and Australia are discussed comparatively in order to identify whether the existing law is adequate, needs to be modified or there is a need for new laws to be enacted in the Maldives. This article is divided into five parts. Part one makes a brief introduction to the existing Maldivian regulatory framework. The second part of the article discusses the need for reform in the country and the lacuna in the existing penal legislation. The third part will examine the areas where modification or new laws are required. This will lead to the fourth part of the article which identifies the legislative approaches that needs to be taken in order to regulate cybercrime by relying on the Cybercrime Convention as a guide. Finally, the fifth part of the article concludes by recommending new provisions or modifications whichever is necessary to adequately address the issue of cybercrime.
The Precautionary Approach to the Installation of Telecommunication Masts in Residential Areas in Nigeria: A Legal Response
Authors: Imam-Tamim Muhammad Kamaldeen , Oyeyipo Oluwadamilola , Alajo Yahaya A.
Published: October 2018

The advent of Global System for Mobile Communication (GSM) in Nigeria has brought immense advantages to the social and economic activities in the country. Despite the various advantages, the installation of telecommunication masts and base stations in residential areas has led to anxieties, fears and debates about the possible adverse effects on human health as well as security of properties. Instead of addressing the fears, the telecommunication companies continue to install telecommunication masts and base stations in the residential areas unabated. The article assesses the impact of these installations on health and properties of the residents in order to consider the reality of the fears and examines Nigerian laws to find out whether there are regulations that control how telecommunication masts are to be installed in residential areas to prevent health and property threat to the inhabitants. The article employs both doctrinal and non-doctrinal approaches of the qualitative legal research method by analysing legal and relevant texts and by conducting site surveys as well as unstructured interviews with residents who live near telecom masts.
The Harvard’s Brain Death Criteria as a Basis for the Withdrawal of Life Support Machines: A Response from Islamic Law
Authors: Omipidan Bashir A
Published: October 2018

Patients in coma or vegetative state are usually dependent on life support machines or system, until they either recover or pass away. However, the story is no longer the same today, as patients thought to be in coma or vegetative state are usually disconnected from such machines, in order to save cost. Apart from disconnecting them from the machine, they are equally denied food and drink, being basic necessities of life. This is resorted to in order to quicken the pace of death. Health officials have always relied on the Harvard’s brain death criteria as the basis for their actions. Research has however shown that the said brain death criterion is not reliable after all. Thus, this article examines the justifiability of the brain death criteria as the basis for the withdrawal of life support machines. In doing so, the article provides the Islamic view point on the issue. It will at the end, show that, indeed the brain death criterion is faulty and should never be the basis for the withdrawal of a patient’s life support machine, denied food and drink and denial of medical treatment.
Same-Sex Marriage: Exploring the Implications of Obergefell v Hodges on the Philippines’ Muslim Law of Marriage and the 1987 Constitution
Authors: Barodi Norhabib Bin Suod Sumndad
Published: October 2018

In view of the recent development brought about by the decision of the U.S. Supreme Court in Obergefell v. Hodges, jurisdictions that retain the traditional definition of marriage have sufficient reasons to revisit the concept of marriage under their own laws. This article is an academic effort to explore whether the traditional or historic definition of marriage adopted in the Philippines, as articulated in its Constitution and other pertinent laws like the Code of Muslim Personal Laws of the Philippines can withstand the new norm that Obergefell established in the legal system or constitutionalism of the United States. It attempts to project how the issue of same-sex marriage would be treated and decided in the Philippine context had it been an issue for which the Philippine legal system or constitutionalism is made to respond. This article emphasizes the incompatibility of the Obergefell decision with the Islamic definition of marriage and finds that the same decision is not entirely square with how the issue of same-sex marriage will be dealt with in Philippine constitutionalism.
Compatibility of Islamic Finance and Anti-Money Laundering Laws: A Myth or Reality?
Authors: Nasir Maruf Adeniyi
Published: October 2018

Money Laundering (ML) remains a major threat to the financial flow, as well as affecting the economic stability of any nations. It is equally capable of undermining macroeconomic performance and therefore constitutes a very significant risk to both soundness and stability of any financial institution. Foreign direct investments are therefore adversely affected. Unlike that of the capitalist economy and other conventional banking institutions, the risks which ML poses to Islamic finance attracted little or no critical study. This could give the impression that Islamic finance is not in tune with Anti-Money Laundering Laws (AML) and the regulatory regime or that it is anti-AML. The resultant effect of this is unnecessary hostility to Islamic Financial products, which appears not to be in the interest of global economy. This article, therefore, focuses on the relevance of AML principles to Islamic banking. It is revealed that while no financial institution is immune to laundering, the risk-sharing nature of Islamic finances poses less systemic risk than conventional finance. It is recommended that FATF should facilitate studies of potential ML in Islamic finance to put the issue in the right perspective.
An Appraisal of the Application of the Concept of Pre-Emption (Shuf’ah) under the Nigerian Laws
Authors: IJAIYA BASHIR LEKE
Published: October 2018

This article discusses the applicability of the Islamic concept of pre-emption (shuf’ah) under the Nigerian laws. Pre-emption is the first right of a neighbour to purchase an immovable property. This right is available so that a stranger is not introduced as a neighbour,which may cause a hindrance to their privacy. The aim of this article is to examine the significance of pre-emption, which includes: maintenance of a peaceful co-existence in a society; realization and protection of neighbours right; and ensuring the consent of new neighbour over the new owner. In this article, the concept of pre-emption is analysed in the context when it is applied to the Islamic law of succession. Aside from that, the article also looks into the intricacies of its application in Northern Nigeria.
Échoendoscopie basse, place actuelle et perspectives dans l’exploration du cancer du rectum
Authors: Roseau G.
Published: October 2018

L’échographie endorectale (EER) est couramment utilisée depuis les années 1990 dans l’exploration des patients atteints de tumeurs villeuses et de cancer du rectum. Sa place dans le bilan d’extension locorégionale demande aujourd’hui à être réévaluée du fait des avancées de l’IRM et des innovations thérapeutiques récentes propres à cette pathologie. Si les tumeurs débutantes relevant d’une résection trans-anale sont l’indication préférentielle, la technique peut aussi être efficacement utilisée dans d’autres domaines. Ainsi, en cas de tumeurs localement avancées, l’EER peut compléter l’IRM pour l’exploration des localisations basses, ou se substituer à elle en cas de contre-indications (corps étranger métallique, claustrophobie). Concernant le diagnostic histologique des adénopathies avant tout traitement, le recours à la cytoponction échoguidée est utile, particulièrement pour les tumeurs superficielles. Enfin, le développement en cours de nouveaux modèles thérapeutiques visant à proposer un traitement adapté à chaque patient en fonction de critères particuliers, nécessite une surveillance renforcée « per et post thérapeutique » ; dans ce contexte, l’EER et ses prolongements (élastographie, échographie de constraste, écho3D…) doivent être évalués comparativement aux autres méthodes d’imagerie.