Thursday, October 31, 2019
Clinical Examination Case Study Example | Topics and Well Written Essays - 3250 words
Clinical Examination - Case Study Example History: This is a 56-year-old male who works in a travel agency. He is a smoker for years, and he is still smoking about 10 cigarettes per day. In this presentation, he started feeling breathless with his usual activity about a week back. He stays near his office, and normally he goes to work on foot. Previously he was able to walk to his office in a slower pace without much of discomfort; however, for the last 1 week or so, he is trouble covering this small distance without taking rest midway, and the distance for taking rest is decreasing day by day. Although with rest, the breathlessness seems to wane down, he is worried due to the fact that his feet are swollen, and this time the grade of swelling is much more than earlier ever. EHehHe has noted also that he is coughing a little with expulsion rusty sputum of small quantities. His sleep is disturbed since he can no longer sleep on the bed with usual two pillows that he uses, and of late, he needs to use 4 pillows which makes him reclined on the bed. Over the top of that he can sense his heart is beating faster, and last night he had to wake up from whatever sleep he was having with sudden episodes of acute breathlessness just after midnight. He is feeling fatigued, tired, and exhausted. His appetite is poor, he is having a bloated sensation in the abdomen, and heaviness in the upper part of his abdomen, more on the right hand side. From his previous visit, the doctor asked him to quit smoking, and he did not comply, and now he knows that like previous such episodes, he is going to have another now, and so he decided to visit the clinic. He has past history of congestive heart failure with ischaemic heart disease. He has no evident drug allergies or drug interactions. He is on diuretic and digitalis. He has associated hypertension. On interrogation, there is no suggestive history of weight loss or blood loss; however, he has gained some weight. Clinical Examination: On inspection, he was obviously with discomfort, and respiratory distress was obvious with nasal flaring, retraction of the suprasternal notch, moderate use of accessory muscles of respiration, and intercostal retraction. His vital sign examination revealed him to be puffy, with pallor. There was no cyanosis, jaundice, but he had grade 2 clubbing and +4 pitting edema in both the ankles and pretibial regions. There was no cervical lymphadenopathy, thyroid was not palpable, face was puffy. On examination, he had harsh vesicular breath sounds throughout the lung fields, with features of laboured breathing at a rate of 22 per minute at rest. The lungs were otherwise clear except at the bases, there were fine moist rales. There was no dullness to percussion in any lung area including the bases. His pulse rate was 92, blood pressure 100/92, peripheral pulses were equal volume on both the sides with carotids being palpably normal. The jugular venous pressure was elevat ed in clinical examination with distention up to 12 cm from the suprasternal notch on a 45 degree recline on the examination couch. The apical pulse was located in the seventh intercostal space 1.5 cm lateral to the left midclavicular line, and with close inspection, the apical impulse was visible. There was obviously evidence of cardiomegaly, but it was difficult to discern whether there was any
Tuesday, October 29, 2019
Marketing Explanation Essay Example for Free
Marketing Explanation Essay Background of marketing: Starting In the 1920ââ¬â¢s it was the production era. A product was thought to be good if it was bought by a customer. Producers could only sell what they could produce. From the 1950ââ¬â¢s marketing was shown in a sales era. Customers didnââ¬â¢t buy anything unless they needed it. Communication and persuading customers to buy your good was now stronger then it was so some companies goods were better than others. From the 1960s onwards most markets have become saturated (the size of the market remains the same). This means that there is now intense competition for customers. The sophistication of marketing management has therefore developed into what we now see in a modern marketing department. Marketers are involved at a strategic level within the organisation and therefore inform an organisation about what should be produced, where it should be sold, how much should be charged for it and how it should be communicated to consumers. Modern marketers research markets and consumers. They attempt to understand consumer needs (and potential needs) and allocate organisational resources appropriately to meet these needs. Modern marketers are particularly interested in brands. They are also increasingly interested in ensuring that employees understand marketing, i.e. that everyone within the organisation involves themselves with marketing activities. Started from the 1990ââ¬â¢s organisation had to start considering what customers actually want and had to form relationships to create ââ¬Ëloyal customersââ¬â¢. Function of marketing: ââ¬Å"The function of marketing is to encompass the whole process of deciding which product and services the customer will want and how will they be delivered to the customerâ⬠. (Travel Tourism book 1, Page 112) What are the aims of marketing? * Meet customersââ¬â¢ needs * Know the competition * Manage any threats * Research customers need * Know the market Marketing Mix: The marketing mix describes the key elements that an organisation uses to inform and persuade and meet the customersââ¬â¢ needs using the 4 Pââ¬â¢s. The 4 Pââ¬â¢s are: * Product * Price * Place * Promotion Product: ââ¬Å"a product is anything that is offered to the marketplace that can satisfy a customerââ¬â¢s perceived needâ⬠(Eric Davies, Successful marketing book, 2012, page 78) Price: How much the product is being sold to the customer for? Place: The place of marketing focus of how the product is contributed to the customers and where it is being stored. Promotion: who the product is being sold to (target audience) Marketing Segmentation: marketing segmentation is the way how the target market is divided into different sectors that are a best fit for them. The 4 groups are: * Demographic * Social-economic * Geographical * Psychograph Demographic segmentation: ââ¬Å"Gender, age, income, housing type, and education level are common demographic variables.â⬠(http://www.decisionanalyst.com) Social-economic segmentation: Mainly split youââ¬â¢re through your personality. The main groups are consumer attitudes, values, behaviours, emotions, perceptions, beliefs, and interests. Geographical segmentation: This is based on where you live e.g. post code Psychographic segmentation: ââ¬Å"This is perhaps the most common form of market segmentation, wherein companies segment the market by attacking a restricted geographic area. For example, corporations may choose to market their brands in certain countries, but not in others.â⬠(http://www.decisionanalyst.com) E-marketing: The process of using digital technology to market products and services. Company ethos: Values and beliefs that define the company, normally expressed in vision mission statements. Virgin Atlantic Mission Statement: ââ¬Å"Safety, security and consistent delivery of the basics are the foundation of everything we do.â⬠ââ¬Å"The success of our three year strategy requires us to build on these foundations by focusing on the business and leisure markets and driving efficiency and effectiveness.â⬠(http://www.virgin-atlantic.com) Ryanair Mission Statement: Ryanair will become Europeââ¬â¢s most profitable lowest cost airline by rolling out our proven ââ¬Ëlow-fare-no-frillsââ¬â¢ service in all markets in which we operate, to the benefit of our passengers, people and shareholders. Ryanairââ¬â¢s objective is to firmly establish itself as Europeââ¬â¢s leading low-faresscheduled passenger airline through continued improvements and expandedofferings of its low-fare service.ââ¬â¢ Ryanairââ¬â¢s goal is to provide a no frills service with low fares designed to stimulate demand. (http://www.scribd.com) Consumer protection: Rules legislations that protect customers from many bad problems e.g. fraud, flight delay. There are 3 Main act that cover consumers. They are: * The Consumer Act 1987 * Data Protection Act 1998 * The Unfair In Consumer Contract Regulations 1999 The Consumer Act 1987: An Act to make provision with respect to the liability of persons for damage caused by defective products; to consolidate with amendments the Consumer Safety Act 1978 and the Consumer Safety (Amendment) Act 1986; to make provision with respect to the giving of price indications; to amend Part I of the Health and Safety at Work etc. Act 1974 and sections 31 and 80 of the Explosives Act 1875; to repeal the Trade Descriptions Act 1972 and the Fabrics (Misdescription) Act 1913; and for connected purposes. (http://www.legislation.gov.uk, 15th May 1987) So if there was an item on the plane that says its 69p but its scanned as 80p you have a right to purchase it for 69p. Data Protection Act 1998: The Data Protection Act (DPA) gives individuals the right to know what information is held about them, and provides a framework to ensure that personal information is handled properly. (http://www.admin.ox.ac.uk) The Unfair In Consumer Contract Regulations 1999: The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) (the Regulations) recognize that, in many circumstances, consumers have no power or influence over the details of the terms which they are asked to agree to when entering into consumer contracts. The purpose of the Regulations is to set a framework within which firms must work when drawing up their contact terms and conditions, and appoints certain third parties (known as Qualifying Bodies) who are authorized to challenge firms when they think a particular term is unfair. (http://www.cml.org.uk) Standards of practice: The advertising standards authority is an independent body set up to police the rules for advertising, sales, promotion and direct marketing. The system is aiming to protect consumers and maintain the integrity or marketing communications. P.E.S.T: P.E.S.T stands for: * P- political * E- economic * S- sociocultural * T- technological Travel tourism organisations have to be aware of the external factors that affect or influence their business. Political factors: Some political factors that would affect an organisation are: * Changes of government * Increase in tax * Security law Economical: Some economic factors that would affect an organisation are: * Recession * Exchange rates * Unemployment Socio-cultural: Some socio-cultural factors that would affect an organisation are: * More tourists * Income/trends Technological: Some technological factors that would affect an organisation are: *New technology * Websites * IT References: 1. (www.cim.co.uk) 2. http://www.atkinsmarketingsolutions.com/wp/2011/04/07/dr-philip-kotler-defines-marketing/ Friday, 16 November 2012 3. (Eric Davies, Successful marketing book, 2012, page 8) 4. (Travel Tourism book 1, Page 112) 5. (Eric Davies, Successful marketing book, 2012, page 78) 6. (http://www.decisionanalyst.com/publ_art/marketsegmentation.dai) 7. (http://www.decisionanalyst.com/publ_art/marketsegmentation.dai) 8. (http://www.virgin-atlantic.com/en/gb/allaboutus/missionstatement/index.jsp) 9. (http://www.scribd.com/doc/80225985/Marketing-Plan-for-Ryanair) 10. (http://www.legislation.gov.uk/ukpga/1987/43,15th May 1987) 11. (http://www.admin.ox.ac.uk/dataprotection/)
Sunday, October 27, 2019
Uncertainty in Illness Theory Analysis
Uncertainty in Illness Theory Analysis UNCERTAINTY IN ILLNESS THEORY MIDDLE RANGE THEORY ASSIGNMENT BYà STEPHANIE MORRIS Background and credentials Merle Mishel strives to enhance patient outcome and care during uncertainty by identifying uncertainties and addressing them. Mishel has a Bachelor of Science degree in nursing from Boston University and Master of Science in nursing from the University of California. She also has a Master of Arts degree in psychology and a postgraduate degree in psychology (Bailey Stewart, 2014). Mishel had an experience with uncertainty via her father. Mishelââ¬â¢s father had colon cancer and his experience influenced her to develop the theory of uncertainty in illness. Mishelââ¬â¢s father was not able to understand what was happening to him and was unable to cope with the disease. Mishelââ¬â¢s father tried to control some aspects of his life while dealing with uncertainty of his disease. Mishel started focusing on uncertainty after she began her doctoral study in psychology. Her dissertation focused on the development of uncertainty measures and testing of the measures (Polit Beck, 2008) . She developed the theory of uncertainty in illness to understand how patients can deal with uncertainty caused by their illness. Mishel described the patients experience as ambiguity over uncertainty. She developed a scale to test perceived ambiguity in illness and later renamed the scale to Mishel Uncertainty in Illness Scale (MUIS) (Bailey Stewart, 2014). Middle range nursing theories provide clear guidance for nursing practice and they are less conceptual and abstract as compared to other theories (Alligood, 2014). The uncertainty in illness theory is considered a middle range theory as it fits into the definition above. Mishel used scientific and empirical evidence to develop the theory and the MUIS tool (Bailey Stewart, 2014). Theoretical source and empirical evidence Mishel used empirical and scientific evidence to develop the theory. Study findings on uncertainty were used to develop the antecedents of the uncertainty in illness theory. Research in cognitive psychology and uncertainty in diseases was useful in developing the antecedent concept. The appraisal concept was developed utilizing clinical data and discussion with friends. Clinical data showed uncertainty was a preferred state in some situations. She also used empirical evidence on stress and coping to develop the theory (Liehr Smith, 2014). Primary sources Mishel used different sources to develop the theory of uncertainty in illness. She combined research in different areas including managing dangerous events, cognitive processing and uncertainty. She used studies published before on stress and coping that examined uncertainty as a stressful event. She reevaluated her previous concept and used existing models from Warburton (1979). She used various different other studies and research such as Budnerââ¬â¢s (1962) study which analyzed a certain event as the cause of uncertainty. Mishel significantly considered the stress-coping-adaptation method of Lazarus and Folkman (1984) in her theory. (Bailey Stewart, 2014). These theoristââ¬â¢s views influenced how she viewed uncertainty as a cognitive state instead of an emotional response, and helped her to examine uncertainty as a complex cognitive stressor. Basic considerations The main concept in the theory of uncertainty of illness is uncertainty. Uncertainity is the lack of ability to determine the meaning of events related to a disease. For instance, patients are unable to determine the outcomes correctly and assign value. Another concept is cognitive schema. Cognitive schema is an individualââ¬â¢s subjective interpretation of events related to the disease. There are three major themes related to the concepts identified above (Polit Beck, 2008). They include antecedents of uncertainty, appraisal of uncertainty and coping with uncertainty. Antecedents of uncertainty refers to things that happen before the disease experience that impact the patientââ¬â¢s thinking. They include pain, perception and earlier experiences. Appraisal of uncertainty entails placing value on the uncertain circumstance. Coping with uncertainty refers to activities the patient uses to deal with the uncertainty (Liehr Smith, 2014). Mishel has discussed the metaparadigm concepts in her theory including the environment, health, nursing and person. A person is an individual who experiences uncertainty in diseases. The uncertainty affects interpersonal relationships as the body changes. The environment refers to the healthcare environment where the theory is applicable. Uncertainity caused by diseases affects a patientââ¬â¢s health and patients should develop coping mechanisms to cope with the uncertainty. Healthcare professionals use MUIS tool to identify areas of the disease that are causing uncertainty. Then they address the areas to help the patient develop coping mechanisms that will enhance his health. Nursing is aimed at helping patients and families comprehend uncertainty in diseases and learn new ways of life. Nurses play a critical role in helping patients understand uncertainty in diseases and cope (Liehr Smith, 2014). Mishel made various assumptions when developing the theory. She assumed uncertainty is a cognitive state that represents insufficiency of a current cognitive schema to support the interpretation of events related to a disease (Polit Beck, 2008). Besides, she assumed that uncertainty was a neutral experience not harmful until it is appraised as harmful. She also assumed that individuals can cope with uncertainty in diseases and hence improve their outcome and quality of life. She also claimed that people do not function in an equilibrium state and they need time to concentrate on self. Thus, they are unable to incorporate the uncertainty into their view of life if there is not enough time (Liehr Smith, 2014). The uncertainty in illness schema consists of different themes related to the main concepts. The themes are antecedents of uncertainty, appraisal of uncertainty and coping with uncertainty. The antecedent theme comprises of stimuli frame, structure providers and cognitive capacity. Stimuli frame refers to the form and structure of the stimuli an individual perceives. The stimuli frame consists of symptom pattern, event knowledge and event congruence (Polit Beck, 2008). Symptom patterns imply the extent to which symptoms have a pattern. Event familiarity is the extent to which a situation has recognized cues. Event congruence implies the consistency between the expected disease related events and the events experienced. Cognitive capacity and structure providers impact the stimuli frame. Cognitive capacity refers to a personââ¬â¢s ability to process information (Liehr Smith, 2014). Logical Form The development of nursing theories should follow a logical process and must be in line with the underlying objectives (Polit Beck, 2008). Concepts and sub concepts should be clearly stated and described consistently without ambiguity. The uncertainty in illness theory is well developed as the concepts are clearly presented and easily understood. After Michel reexamined her concept in 1990 the uncertainty of illness theory became deductive due to her using qualitative studies and chaos theory. These research studies lead her to change the direction of the theory. The theory now states that peopleââ¬â¢s uncertainty is always changing due to major life events and illnesses (Bailey Stewart, 2014). Relationship to Research, Education and Advanced Practice in Nursing The theory of uncertainty in illness can be applied in different areas including education, nursing research and advanced nursing practice. The theory is used in advanced nursing practice to address uncertainty in different diseases and hence patient concerns regarding their diseases. This improves their outcome and quality of life. Patients learn how to cope with uncertain events by understanding the disease process. The theory can be applied in nursing research as it helps researchers understand experience of patients with chronic and terminal diseases (Polit Beck, 2008). The uncertainty in illness theory has been used in studies that focus on uncertainty related to cancer to understand sources of uncertainty in the population how to resolve them. It also used in education to equip nursing students with knowledge and skills required to understand disease uncertainty and coping mechanisms. Implications The uncertainty in illness theory has implications on advanced nursing practice. The theory influences caring of patients as it permits nurses to offer information to patients and families with uncertainty about the disease. Nurses are supposed to provide support to patients and families with uncertainty about their diseases. As a result, patients become emotionally and physically healthier and have strength to cope with the disease. The empowerment offered to patients and families enables them view life differently and increases quality of life (Liehr Smith, 2014). The uncertainty in illness theory can be used to care for a cancer patient the theory is useful in helping a cancer patient cope with the disease and eliminating uncertainty. Cancer can lead to stress because of the uncertainty around the disease, treatment and side effects. Cancer patients are unable to understand events related to the disease and these results to uncertainty and negatively impact their health. The theory can be used to help the patient understand the disease situation and make meaning and thus participate in the plan of care. Therefore, the theory is useful in educating the patient about cancer and addressing their concerns (Liehr Smith, 2014). Summary Merle H. Mishelââ¬â¢s theory of Uncertainty in Illness was initially focused on the personââ¬â¢s ability to resolve uncertainty. Although, she reevaluated and added the notion that uncertainty may never resolve, but will become part of the personââ¬â¢s identity and affect their perceptions and quality of life. The uncertainty in illness theory is essential in transforming patient care and experience. The theory helps patients understand uncertainty related with their illness and address the causes of uncertainty. They developing coping skills and hence are able to cope with the disease. The concepts are clear and well described. The theory can be used in nursing practice, nursing research and education as it is easy to understand and apply. References Alligood, M.R. (2014). Nursing theorists and their work. (8th ed.) St. Louis, MO: Mosby Inc. Bailey, Jr., D. E., Stewart, J. L. (2014). Uncertainty in Illness Theory. In M. R. Alligood, Nursing Theorists and Their Work (8th ed., pp. 555-573). St. Louis, MO: Elsevier Mosby. Liehr, P.R.., Smith, M. J. (2014).Middle range theory for nursing. New York, NY: Springer Polit, D.F. Beck, C. T. (2008).Nursing research. Philadephia: Lippincott Williams and Wilkins Appendix A: Schematic
Friday, October 25, 2019
Prisoners of War Essay -- War Hostage Violence Government Essays
Prisoners of War The United States angers terrorists and other foreigners on a daily basis, but we find it hard to understand why. Examples abound and most often relate to ignorant decisions on behalf of the government concerning the welfare of these foreigners. The situation on the island of Cuba at the Naval Station of Guantà ¡namo Bay has grown out of hand. Here, the U.S. holds the prisoners that it has captured as part of its war on terrorism in a camp. They hold ver 600 men there without contact with their home countries or families and without the legal consultation of a lawyer. President Bush classifies these prisoners as ââ¬Å"enemy combatantsâ⬠and the U.S. says that for this reason they can withhold their rights unlike a normal prisoner in the case of wars (Jost). During an election year such as the current one, cases such as these must be taken into consideration before electing or maintaining a leader that might choose to find ways to bend the rules on human rights. The detainees of Guantà ¡namo Bay have their rights as prisoners of war denied and the U.S. does not define them as such. Much evidence to suggest otherwise includes the type of enemies included in the detainees and the international laws suggested in the Geneva Conventions. The U.S. has done nothing illegal based upon the international laws that it has adopted. However, one rends to question whether the laws adopted or not adopted by the U.S. rightfully define the prisoners based upon what has been laid out by the founding fathers of America. We can hardly assume that they do. Before anyone can make judgments upon the rights of the detainees, it must first be decided upon what these men can and cannot be considered. The men held at Guantà ¡namo... ... to the Treatment of Prisoners of War.â⬠Office of the High Commissioner for Human Rights. 2002. On-line. Internet. 22 Feb. 2004. <http://www.unhchr.ch/html/menu3/b/91.htm>. "Geneva Convention."Encyclopà ¦dia Britannica. 2004. Encyclopà ¦dia Britannica Online. 22 Feb. 2004 <http://search.eb.com/eb/article?eu=37105>. "Guerrilla." Encyclopà ¦dia Britannica. 2004. Encyclopà ¦dia Britannica Online. 22 Feb. 2004 <http://search.eb.com/eb/article?eu=39163>. Jost, Kenneth. "Civil Liberties Debates." The CQ Researcher Online 13.37 (2003). 22 February 2004 <http://library.cqpress.com/cqresearcher>. Martin, Peter W. ââ¬Å"U.S. Constitution-Bill of Rights.â⬠14 March. 1993: On-line. Internet. 22 Feb. 2004. < http://www.law.cornell.edu/constitution/constitution.billofrights.html>. ââ¬Å"Rumsfeld defends Guantanamo.â⬠Tapei Times. 15 Feb. 2004, pg. 7.
Thursday, October 24, 2019
Kite Runner Redmption
One of the main themes of the novel The Kite Runner Is redemption. Throughout the novel, the main character, Amir, seeks redemption for his sins. Amir states in the first chapter of the novel that he has a past of ââ¬Å"unatoned sins. â⬠Throughout the novel, The Kite Runner, Khaled Hosseini uses the following symbols to express the theme of redemption: The scar above Amirs lip, the lamb and the blue kite. The scar above Amirs lip represents the redemption Amir attained by rescuing Sohrab.Amir travels to Afghanistan to rescue Sohrab, who is being exploited by a Taliban leader. The Taliban leader turns out to be an old enemy from Amirs childhood, Assef. Amir must fight Assef in order to leave with Sohrab. During the fight Amir is beaten brutally until Sohrab shoots Assef with his slingshot. Amir is left with a scar above his right lip, strikingly similar to the one Hassan had after having surgery for his cleft lip. At the beginning of the novel, Amir watches Hassan get raped, bu t he did not intervene.The guilt from that day haunts him throughout the novel. At one point, Amir even tries to force Hassan to beat him up, as though the only thing that could redeem Amir was being beaten, but Hassan does not and Amir is even more ridden with guilt. When Rakim Khan calls amir, he says, ââ¬Å"Come, This is a chance for you to be good again. â⬠It is clear Rakim Khan understood the guilt that Amir was feeling, and realized that Amir had been searching for redemption all his life. Khan new that rescuing Sohrab was the only way Amir could truly find redemption.The rescue of Sohrab, was the rescue of an innocent, the rescue of a lamb. Throughout the novel, a reoccurring image of a sacrificial lamb represents a path to redemption. Amir tells the reader how during the Muslim holiday of Eid-Al-Ahda, the Mullah sacrifices a lamb. The look on the lambââ¬â¢s face during the sacrifice stays with Amir for the rest of his life. When Amir witnesses Asseff rape Hassan, h e remarks, ââ¬Å"I caught a glimpse of his face. Saw the resignation in it. It was a look I had seen before. It was the look of the lamb.â⬠Once more in the novel, Amir is reminded of the lamb, when he witnesses Asseff exploit Sohrab. The link between Hassan, Sohrab and the Lamb is their innocence; Because Amir betrayed an innocent Hassan, he must save an innocent to be redeemed, Sohrab is this innocent lamb. By ending the exploitation of this figurative lamb, Amir attains redemption for his sin. Finally, returning with the blue kite was an avenue of redemption for Amir. Every winter, in Kabul, there was a large kite-fighting tournament.The tournament was a big deal to the people of Kabul. Amir and Hassan won the tournament, but in order to truly be victorious, Hassan had to retrieve the blue kite so Amir could bring it home as a trophy. During the kite tournament Amir states, ââ¬Å"All i saw was the blue kite. All i smelled was victory. Salvation. Redemption. â⬠Specific ally, redemption in the eyes of Baba. Amir had stated earlier in the novel how he thought Baba thought of him as weak, but this was Amirs chance to be strong in the eyes of Baba, and end Amirs longing for Babaââ¬â¢s love.In conclusion, the rescue of Sohrab, the sacrificial lamb and the blue kite represent redemption for Amirââ¬â¢s sins. Redemption is a main theme of the novel, and Khaled Hosseini uses the aforementioned symbols to tell the story of Amirââ¬â¢s quest for redemption. Amirââ¬â¢s quest makes one question whether sometimes the sinner, is also the victim. As a mere child, Amir betrayed his friend, out of fear, out of cowardice, and out of selfishness, but he did not know that decision would haunt him for the rest of his life. Did he really deserve the punishment befallen on him?
Wednesday, October 23, 2019
The Importance of Maqasid Al-Shariah in Islamic Finance – a Short Essay by Nadifa Abdulhalim Mohamed
The Global University of Islamic Finance CERTIFIED ISLAMIC FINANCE PROFESSIONAL (CIFP) Part One SHARIAH ASPECTS OF BUSINESS AND FINANCE Assignment Topic The importance of Maqasid al-Shariah in Islamic Finance June 2012 Semester Lecturers: Dr. Yong Bao Wang Dr. Ahcene Lahsasna Student Name: Nadifa Abdulhalim Mohamed Student ID: 1200331 Abstract Maqasid Al-Shariah is one of the very important aspects in Islamic jurisprudence. Maqasid Al-Shariah is taking a crucial position in Ijtihad in order to process a valid examination of the text and provide intact interpretation to achieve the Islamic ruling.The aim behind that is to comprehend the Shariah in all aspects. The primary objective of Maqasid al-Shariah is the realization of benefit to the people, connecting their affairs both in this world and hereafter. It generally held that the Shariah in all of its parts aims at securing a benefit for the people or protecting them against corruption and evil. The aim of this paper is to elaborate the importance Maqasid al-Shariah in Islamic finance. The study found that Maqasid al-Shariah is the most important Shariah aspect in Islamic finance because protection of wealth is one of the five major elements of Maqasid l-Shariah. Objectives of the research: ____________________________________________ â⬠¢ Definition of Maqasid Al-Shariah. â⬠¢ Identification of the importance of Maqasid Al-Shariah in Islamic finance. â⬠¢ Classification of Maqasid Al-Shariah Key terms of the research: 1. Qurââ¬â¢an 2. Sunnah 3. Maqasid Al-Shariah 4. Islamic finance 5. Islamic law 6. Fiqh 7. Usulfiqh TABLE OF CONTENTS TOPIC PAGE NUMBER [pic] 1. Abstractâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 1 2. Objectives of the researchâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã ¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 3. Introductionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦4 1. 1 History and backgroundâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 4 2. Identification of Maqasid Al-Shariahâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦8 3. Definition of Maqasid Al-Shariahâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦11 4. Objectives of Maqasid Al-Shariahâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 13 5. Classi fication of Maqasid Shariahâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 15 5. Essential (Al-daruriyat)â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 16 6. Complementary (Al-hajiyat)â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦19 7. Embellishments (Al-Tahsiniyat)â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦19 8.Maqasid Al-Shariah in Islamic Financeâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦19 9. Advantages of Shariah complianceâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦.. 24 10. Conclusionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦25 11. Referencesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 26 1. Introduction The linguistic meaning of the word Maqasid is as follows: Maqasid is the plural of the word Maqsad and comes from the verbal root qa-sa-da which has several meanings, some of which are: ââ¬Ëto intend,ââ¬â¢ ââ¬Ëto take a middle courseââ¬â¢ and ââ¬Ëto walk towards. ââ¬â¢ From this root comes the noun, Qasd which means ââ¬Ëa goal,ââ¬â¢ ââ¬Ëan aim,ââ¬â¢ or ââ¬Ëan aspiration. The second part of the title is the word Shariââ¬â¢ah, which is a noun meaning ââ¬Ëa path to a water hole,ââ¬â ¢ and in its more common usage, ââ¬Ëthe law of God as revealed to Muhammad. ââ¬â¢ Together, the term Maqasid al-Shariââ¬â¢ah carries the meaning, based on its constituent parts, of the ââ¬Ëgoals and objectives which are the reason for the legislation of the rules of Islamââ¬â¢ or more simply, ââ¬ËThe Objectives of Islamic Lawââ¬â¢ The Maqasid theory is based on an inductive reading of the Quran in order to identify the higher objectives, intent, and purpose of the divine laws, which are intended to preserve human interests in both this world and the next. This theory asserts that no commandment of God is intended to cause harm for its own sake, although some actions may require struggle and hardship. All legal rulings are intended to achieve ââ¬Ëbalance' and ââ¬Ëmoderation' by steering Muslims toward a middle course between various types of extremes. Also it gives consideration for outcomes or consequences. He explains that part of the objective-oriented approach is considering the outcomes of actions, in accordance with the Sunnah of the Prophet who would consider outcomes and consequences before passing judgment or taking action. 1. History and background As a theme of theà Shariââ¬â¢ah inà its own right, theà maqasidà did not receive much attention in the early stages of the development of Islamic legal thought and, as such, they represent rather a later addition to the juristic legacy of theà madhahib. Even to this day many a reputable textbook on Usul al-Fiqhà does not mentionà maqasid al-Shariââ¬â¢ahà in their usual coverage of familiar topics. This is partly due perhaps to the nature of the subject, which is largely concerned with the philosophy of the law, its outlook and objective, rather than the specific formulations of its text.Although the maqasidà as a distinctive theme of theà Shariââ¬â¢ahà are obviously relevant toà ijtihad,à they have not been treated as such in the conventional expositions of the theory of ijtihad. Islamic legal thought is, broadly speaking, preoccupied with concerns over conformity to the letter of the divine text, and the legal theory ofà Usul al-Fiqhà has advanced that purpose to a large extent. This literalist orientation of the juristic thought was generally more pronounced in the approach of the tendency ââ¬â the traditionist ââ¬â theà Ahl al-Hadithà ââ¬â than that of the Rationalists ââ¬â theà Ahl al-Ray.The literalists thus tended to view theà Shariââ¬â¢ahà as a set of rules, commands and prohibit ions that were addressed to the competent individualà mukallafà and all that the latter was expected to conform to its directives. The precedent of the leading Companions indicated, on the other hand, that they saw theà Shariââ¬â¢ahà both as a set of rules and a value system in which the specific rules were seen as tangible manifestations of the overriding values. The textualist tradition of the first three centuries did not take much interest inà maqasid al-Shariââ¬â¢ahà and it was not until the time of al-Ghazali (d. 05/1111) and then al-Shatibi (d. 790/1388) that significant developments were made in the formulation of the theory ofà maqasid. The basic outlook that was advocated by the theory of theà maqasidà was not denied by the leading schools, yet theà maqasidà remained on the fringes of the mainstream juristic thought that was manifested in the various themes and doctrines ofà Usul al-Fiqh. Except for theà Zahirisà who maintained that theà maqasidà are only known when they are identified and declared by the clear text, the majority ofà ââ¬Ëulamaââ¬â¢Ã did not confine theà maqasidà to the clear text alone.For they perceived and understood theà Shariââ¬â¢ahà to be rational, goal-oriented and its rules generally founded on identifiable causes. A mere conformity to rules that went against the purpose and outlook of theà Shariââ¬â¢ahà was. , therefore, generally considered unacceptable. A totally different approach to theà maqasid wasà taken by the Batiniyyah who held, contrary to the Zahiris, that the essence and objective of theà nususà were always to be found, not in the explicit words of the text, but in its hidden meaning (i. . batin),à hence their name, the Batiniyyah. There were also differences of orientation among the leadingà madhahibà toward theà maqasid:à some were more open to it than others, but elaboration into the goals and objectives of theà Shariââ¬â¢a hà was generally not encouraged. This rather unspoken attitude contrasted with the fact that the Qurââ¬â¢an itself exhibits considerable awareness of the underlying purposes and objectives of its laws and often expounds the causes and rationale on which they are founded.The general reticence of theà ââ¬Ëulamaââ¬â¢Ã in respect of the identification of theà maqasidà might have partly been due to the elements of projection and prognostication that such an exercise was likely to involve. Who can tell, for sure, for example, that this or that is the purpose and overriding objective of the Lawgiver, without engaging in a degree of speculation, unless of course, the text itself declared it so. But then to confine the scope of theà maqasidà only to the clear declaration of the texts was also not enough, as I shall presently elaborate. It was not until the early fourth century that the termà ââ¬Ëmaqasidââ¬â¢Ã was used in. he juristic writings of Abu ââ¬ËAb d Allah al-Tirmidhi al-Hakim (d. 320/932) and recurrent references to it appeared in the works of lmam al-Haramayn al-Juwayni (d. 478/1085) who was probably the first to classify themaqasid al-Shariââ¬â¢ahà into the three categories of essential, complementary and desirable (daruriyyat, hajiyyat, tahsiniyyat)which has gained general acceptance ever since. Juwayniââ¬â¢s ideas were then developed further by his pupil, Abu Hamid al-Ghazali who wrote at length on public interest (maslahah)and ratiocination (taââ¬â¢lil)in his works,à Shifaââ¬â¢ al-Ghalilà andà al-Mustasfa.Ghazali was generally critical ofà maslahahà as a proof but validated it if it promoted theà maqasid ofà theà Shariââ¬â¢ah. Asà for theà maqasidà themselves, Ghazali wrote categorically that theà Shariââ¬â¢ahà pursued five objectives, namely those of faith, life, intellect, lineage and property which were to be protected as a matter of absolute priority. A number of prominen t writers continued to contribute to theà maqasid,à not all of them consistently perhaps, yet important to the development of ideas. Sayf al-Din al-Amidi (d. 31/1233) identified theà maqasidà as criteria of preferenceà al-tarjihà among conflicting analogies and elaborated on an internal order of priorities among the various classesà of maqasid. Amidi also confined the essentialà maqasidà to only five. The Maliki jurist, Shihab al-Din al-Qarafi (d. 684/1285) added a sixth to the existing list, namely the protection of honour (al-ââ¬Ëird)and this was endorsed by Taj al-Din ââ¬ËAbd al-Wahhab ibn al-Subki (d. 771/1370) and later by Muhammad ibn ââ¬ËAli al-Shawkani (d. 1250/1834).The list of five essential values was evidently based on a reading of the relevant parts of the Qurââ¬â¢an and theà Sunnahà on the prescribed penalties (hudud). The value that each of these penalties sought to vindicate and defend was consequently identified as an essential valu e. The latest addition (i. e. al-ââ¬Ëird) was initially thought to have been covered under lineage (al-nasl,à alsoà al-nasab),à but the proponents of this addition relied on the fact that theà Shariââ¬â¢ahà had enacted a separateà hadd punishment for slanderous accusation (al-qadhf),à which justified the addition. ââ¬ËIzz al-Din ââ¬ËAbd al-Salam al-Sulamiââ¬â¢s (d. 60/1262) renowned work, Qawaââ¬â¢id al-Ahkam,à was in his own characterisation a work onà ââ¬Ëmaqasid al-ahkamââ¬â¢Ã and addressed the various aspects of theà maqasidà especially in relationship toà ââ¬Ëillahà (effective cause) andà maslahahà (publicà interest) in greater detail. Thus he wrote at the outset of his work that ââ¬Å"the greatest of all the objectives of the Qurââ¬â¢an is to facilitate benefits (masalih) and the means that secure them and that the realisation of benefit also included the prevention of evil. â⬠Sulami added that all the obli gations of theà Shariââ¬â¢ahà (al-takalif) were predicated on securing benefits for the people in this world and the next.For God Most High is Himself in no need of benefit nor is He in need of the obedience of His servants. He is above all this and cannot be harmed by the disobedience of transgressors, nor benefit from the obedience of the righteous. Theà Shariââ¬â¢ah is,à in other words, concerned, from the beginning to the end, with the benefits of Godââ¬â¢s creatures. Taqi al-Din ibn Taymiyyah (d. 728/1328) was probably the first scholar to depart from the notion of confining theà maqasidà to a specific number and added, to the existing list of theà maqasid,à such things as fulfilment of contracts, preservation of the ties of kinship, honouring the rights of neââ¬â¢s neighbour, in so far as the affairs of this world are concerned, and the love of God, sincerity, trustworthiness, and moral purity, in relationship to the hereafter. Ibn Taymiyyah thus re vised the scope of theà maqasidà from a designated and specified list into an open-ended list of values, and his approach is now generally accepted by contemporary commentators, including Ahmad al-Raysuni, Yusuf al-Qardawi and others. Qardawi has further extended the list of theà maqasidà to include social welfare and support (al-takaful),à freedom, human dignity and human fraternity, among the higher objectives andà Maqasid of the Shariââ¬â¢ah.These are undoubtedly upheld by both the detailed and the general weight of evidence in the Qurââ¬â¢an and the Sunnah. 2. Identification of Maqasid As already indicated theà ââ¬Ëulamaââ¬â¢Ã have differed in their approach to the identification of theà maqasid. The first approach to be noted is the textualist approach, which confines the identification of theà maqasidà to the clear text, commands and prohibitions, which are the carriers of theà maqasid. The maqasid,à according to this view, have no separat e existence outside this framework.Provided that a command is explicit and normative it conveys the objectiveà maqsudà of the Lawgiver in the affirmative sense. Prohibitions are indicative of theà maqasidà in the negative sense in that the purpose of a prohibitive injunction is to suppress and avert the evil that the text in question has contemplated. This is generally accepted, but there are certain tendencies within this general framework. While the Zahiris tend to confine theà maqasidà to the obvious text, the majority of jurists takes into consideration both the text and the underlyingà ââ¬Ëillahà and rationale of the text.The chief exponent of theà maqasid,à Shatibi, has spoken affirmatively of the need to observe and respect the explicit injunctions, but then he added that adherence to the obvious text should not be so rigid as to alienate the rationale and purpose of the text from its words and sentences. Rigidity of this kind, Shatibi added, was itself contrary to the objective (maqsud)of the Lawgiver, just as would be the case with regard to neglecting the clear tent itself.When the text, whether a command or a prohibition, is read in conjunction with its objective and rationale, this is a firm approach, one which bears greater harmony with the intention of the Lawgiver. Shatibi elaborated that theà maqasidà that are known from a comprehensive reading of the text are of two types, primary (asliyyah)and secondary (tabââ¬â¢iyyah). The former are the essentialà maqasidà orà daruriyyatà which theà mukallafà must observe and protect regardless of personal predilections, whereas the supplementaryà maqasid -hajiyyat- areà those which leave the mukallaf with some flexibility and choiceA comprehensive reading of the textual injunctions of theà Shariââ¬â¢ahà has given rise to such questions as to whether the means to aà wajibà orà haram should also be seen as a part of the objective that is pursued by t hat injunction; whether the means to a command, in other words, is also an integral part of that command. Another question raised is whether avoiding the opposite of a command is integral to the goal and objective that is sought by that command.The general response given to these questions is that the supplementary aspects of commands and prohibitions are an integral part of their objectives, although disagreements have emerged over details. There is a general agreement that the opposite of a command amounts to a prohibition in the event where that opposite can be clearly identified. Most of the injunctions of theà Shariââ¬â¢ahà are easily understood, and their objectives as well as their opposites can be known and ascertained from the reading of the clear text. It is thus noted that whatever might be necessary for the carrying out of a command or aà wajib isà also a part of thatà wajib.Shatibi has similarly concluded that whatever is complementary to theà maqasidà and in the service thereof is also a part of theà maqasid. The question then arises regarding the silence of the Lawgiver in respect of a certain conduct in situations especially where a general reading of the relevant evidence sheds light on the value of that conduct. The question may be put as follows: We know that theà maqasidà are known from clear injunctions, but can they also be known from a general reading of theà nususà by way of induction?This is where Shatibi has given an original response. Induction (istiqraââ¬â¢) to Shatibi is one of the most important methods of identifying theà maqasidà of theà Shariââ¬â¢ah. There may be various textual references to a subject, none of which may be in the nature of a decisive injunction. Yet their collective weight is such that it leaves little doubt as to the meaning that is obtained from them. A decisive conclusion may, in other words, be arrived at from a plurality of speculative expressions. Shatibi illustrates this by saying that nowhere in the Qurââ¬â¢an is there a specific declaration to the effect that theà Shariââ¬â¢ahà has been enacted for the benefit of the people. Yet this is a definitive conclusion which is drawn from the collective reading of a variety of textual proclamations. Shatibi then adds that the benefits (masalih) are to be understood in their broadest sense which is inclusive of ail benefits pertaining to this world and the hereafter, those of the individual and the community, material, moral and spiritual, and those which pertain to the present as well as the interests of the future generations.This broad meaning of benefits also includes prevention and elimination of harm. These benefits cannot always be verified and ascertained by human reason alone without the aid and guidance of divine revelation. The typical classification of theà maqasidà into the three categories of essential,-complementary and desirable, and the conclusion that the Lawgiver has intended to protect these are based, once again, on induction-as there is no specific declaration on them in the textual sources.On a similar note, the ruling of theà Shariââ¬â¢ahà that the validity of an act of devotion (ââ¬Ëibadah) can not be established by means ofà ijtihad isà an inductive conclusion which is drawn from the detailed evidence on the subject, as there is no specific injunction in the sources to that effect. These conclusions are, in the meantime, of great overall importance; they are not open to doubt, nor is their credibility a matter of speculative reasoning.It is also the same inductive method which has led theà ââ¬Ëulamaââ¬â¢Ã to the conclusion that the protection of the five values of faith, life, intellect, property and lineage is of primary importance to theà Shariââ¬â¢ah ââ¬â thereà being no textual ruling to specify any category or number of values in that order. Shatibiââ¬â¢s inductive method is not confined to the identification of objectives and values but also extends to commands and prohibitions, which may either be obtained from the clear text, or from a collective reading of a number of textual proclamations that may occur in a variety of contexts.Shatibi then goes a step further to say that the inductive conclusions and positions that are so established are the general premises and overriding objectives of theà Shariââ¬â¢ahà and thus have a higher order of importance than specific rules. It thus becomes evident that induction is the principal method of reasoning and proof to which Shatibi resorted in his theory of theà maqasidà and it is also in this regard that he has made an original contribution to this theme.Shatibiââ¬â¢s approach to induction is reminiscent of the knowledge that is acquired of the personality and character of an individual that is based on sustained association with that individual and observation of his conduct over a period of time. This kind of knowledge is broad and holistic, as it is enriched with insight, and likely to be more reliable when compared to the knowledge that might be based only on the observation of specific, isolated incidents in the daily activities of the individual concerned. 3. Definition of Maqasid al-ShariahThe term is a possessive construction, known in Arabic grammar as an Idafa, by which the meaning, ââ¬Å"The Maqasid of the Shariââ¬â¢ahâ⬠is conveyed. We shall look at the first component in this construct first. The linguistic meaning of the word Maqasid is as follows: Maqasid is the plural of the word Maqsad and comes from the verbal root qa-sa-da which has several meanings, some of which are: ââ¬Ëto intend,ââ¬â¢ ââ¬Ëto take a middle courseââ¬â¢ and ââ¬Ëto walk towards. ââ¬â¢ From this root comes the noun, Qasd which means ââ¬Ëa goal,ââ¬â¢ ââ¬Ëan aim,ââ¬â¢ or ââ¬Ëan aspiration. The second part of the title is the word Shariââ¬â¢ah, which is a noun meaning ââ¬Ëa path to a water hole,ââ¬â¢ and in its more common usage, ââ¬Ëthe law of God as revealed to Muhammad. ââ¬â¢ Together, the term Maqasid al-Shariââ¬â¢ah carries the meaning, based on its constituent parts, of the ââ¬Ëgoals and objectives which are the reason for the legislation of the rules of Islamââ¬â¢ or more simply, ââ¬ËThe Objectives of Islamic Lawââ¬â¢. Technically, many definitions have been given, particularly, by contemporary scholars.Al Imam Al Shatibi who is the founder of Maqasid al-Shariah in Islamic jurisprudence did not provide a definition for this Islamic discipline. There are two other major definitions of Maqasid al-Shariah provided by two other scholars who came after Al Shatibi. They were behind the development of Maqasid al-Shariah in Islamic jurisprudence. These two definitions are provided by Ibn Ashur defined Maqasid al-Shariah base on two aspects: 1: The general aspect which is the purpose and wisdom behind th e enactment of all or most of the Shariââ¬â¢ah ruling.This definition is more related to the general objective of Shariah and those overall principles that guide the enactment of Islamic law in their totality. 2: The second definition of Maqasid al-Shariah is very specific. It is related to specific objective to those objectives that are designed to achieve specific benefits to people in their daily activities, such as the importance validation of contracts. Alal al-Fasi defined Maqasid Shariah as the end sought behind the enactment of each of the ruling of Shariah and the secret involved.This definition covers the public Maqasid (ama) and the private Maqasid (khasa). The definition focus on the end sought behind the enactment of each of the rulings of Islamic law, and the secret of these rulings. The secret of the Islamic rulings means the goals intended by Allah in the law. Maqasid al-Shariah aims to protect the interest of mankind and prevent the evil from them, and also reali ze the public benefit for the society and encourage virtues and avoid vices.Al-Raysuni (2006) stated that ââ¬Å"al Maqasid are the purposes which the Law was established to fulfill for the benefit of humankindâ⬠. Therefore the Law is not an end in itself; it serves to attain an objective, a purpose which is the Maslahah (benefit). The word benefit in this context means the achievement of profit or the prevention of harm. Ibn Ashur (2006) maintained that: ââ¬Å"This (the knowledge of Maqasid al-Shariah), in fact, ensures the continuity of the rules of the Islamic Shariah throughout the ages and generations following the age of Revelation until the end of the world. It is important to notice that, even though, Maqasid al-Shariah was not known as a discipline in the early generations of Muslims, the scholars were aware of the danger of neglecting the spirit of the law and only sticking to its literal form. The knowledge of the higher objectives of Shariah is to help preserve the essence of the Islamic law. Maqasid Al-Shariââ¬â¢ah is the objectives and the rationale of the Shariââ¬â¢ah .A comprehensive and careful examination of the Shariââ¬â¢ah rulings entails an understanding that Shariââ¬â¢ah aims at protecting and preserving public interests (Maslahah ) in all aspects of life. Many Shariââ¬â¢ah texts state clearly the reasoning behind certain Shariââ¬â¢ah rulings, suggesting that every ruling in Shari`ah comes with a purpose, which is to benefit the Mukallaf. In-depth comprehension of the objectives of Shari`ah is important for analogical deduction and other human reasoning and its methodology.Indeed, Maqasid al-Shariââ¬â¢ah allows flexibility, dynamism and creativity in social policy, According to Imam Al-Ghazali definition ââ¬Å"The objective of the Shariââ¬â¢ah is to promote the well-being of all mankind, which lies ââ¬Å"in safeguarding their faith (din) , their human self (nafs), their intellect (ââ¬Ëaql), their posteri ty (nasl) and their wealth (mal). Whatever ensures the safeguard of these five serves public interest and is desirableâ⬠. 4. Objectives of Shariah (Maqasid Al-Shariah) Maqasid al-Shariah is the objectives and the rationale of the Shariah.A comprehensive and careful examination of the Shariah rulings entails an understanding that Shariah aims at protecting and preserving public interests (maslahah) in all aspects and segments of life. Many Shariah texts state clearly the reasoning behind certain Shariah rulings, suggesting that every ruling in Shariah comes with a purpose, which is to benefit the mukallaf (accountable person), for example, when Quran prescribes Qisas (retaliation), it speaks of the rationale of it, that applying retaliation prevents further killing as Allaah says in Qoran ââ¬Å"There is life for you in Qisasâ⬠Surah Baqarah Ayah No 179.Similarly when Quran prohibits wine it says that wine is the works of devil as it causes quarrel and instills hatred and e nmity among Muslims, Allaah said in Qoran ââ¬Å"The devil only wants to excite enmity and hatred between you in intoxicants and gambling and hinder you from remembrance of Allah and from prayerâ⬠, Surah Maââ¬â¢idah Ayah No. 91. In depth comprehension of the objectives of Shariah is important for analogical deduction and other human reasoning and its methodology (Kamali, 1999). Indeed, Maqasid al-Shar ââ¬â¢ah allows flexibility, dynamism and creativity in social policy.According to Imam Al-Ghazali ââ¬Å"The objective of the Shariah is to promote the well-being of all mankind, which lies in safeguarding their faith (Din), their human self (Nafs), their intellect (ââ¬ËAql), their posterity (Nasl) and their wealth (mal). Whatever ensures the safeguard of these five serves public interest and is desirable. â⬠Al-Shatibi approves al-Ghazaliââ¬â¢s list and sequence, thereby indicating that they are the most preferable in terms of their harmony with the essence of Sh ariah.Generally, Shariah is predicated on benefits of the individual and that of the community, and its laws are designed so as to protect these benefits, and facilitate improvement and perfection of human livesââ¬â¢ conditions on earth. This perfection corresponds to the purposes of the Hereafter. In other words, each of the worldly purposes (preservation of faith, life, posterity, intellect and wealth) is meant to serve the single religious purpose of the Hereafter. The uppermost objectives of Shariah rest within the concept of compassion and guidance, that seeks to establish justice, eliminate prejudice and alleviate hardship.It promotes cooperation and mutual supports within the family and society at large. This is manifested in the realization of maslahah (public interest) which the Islamic scholars have generally considered to be the all-pervasive value and objective of the Shariah and is to all intents and purposes synonymous with compassion. Maslahah sometimes connotes th e same meaning as Maqasid and the scholars have used the two terms almost interchangeably. To further shed light on our discussion of the objectives f Shariah, especially with regard to their application in the preservation of public interest, the following section elaborates on the principles of Maslahah, serving as an important tool to uphold Shariah. 4. 1Maslahah Maslahah is one of the juristic devices that have always been used in Islamic legal theory to promote public benefit and prevent social evils or corruption. The plural of the Arabic word maslahah is ââ¬ËMasalihââ¬â¢ which means welfare, interest or benefit. Literally, Maslahah is defined as seeking the benefit and repelling harm. The words maslahah and manfa`ah are treated as synonyms.Manfa`ah (benefit or utility), however, is not technical meaning of maslahah. What Muslim jurists mean by maslahah is the seeking of benefit and the repelling of harm as directed by the Lawgiver or Shariah. 4. 2Other General Objective s of Shariah Through studies of the Qoran and Sunnah will reveal that apart from the above objectives of Shariah, there are several other general objectives of Shariah these objectives include: 4. 2. 1Educating the Individual (Tahdhib al-fard) One of the primary objectives of the Shariah is to educate the individuals.Shariah seeks to educate the individual and inspire them with faith and instill in them the qualities of being trustworthy and righteous, Islam aims to achieve its social goals through reforming the individual All the different aspects of IBADAH involve both mental and physical training, it leads to inner perfection. All punishments mentioned in the shariah was done because the main objective was not only to penalize the person as such, but it is to discipline the criminal and the whole of society to teach them and to prevent such crimes from being committed by others. This is the reason why Qoran has ordered that punishment for those ho commit some crimes must be execu ted in public so as to create awareness to the society of the implication in committing such crime. 4. 2. 2Upholding of Justice (AL-ADL) Upholding the principle of justice or ADL is another objective of Shariah. It is to establish a balance by the way of fulfilling rights and obligations and by eliminating excess and disparity in all spheres of life. Allah has sent scriptures and messengers in order to establish JUSTICE among people, the Qoranic message of justice is objective, and is not tainted by considering of racial, tribal, national, or religious sentiments.In dealing with friends of foes, Muslims and non-muslims, Islam orders all must be treated with justice. 5. Classification of Maqasid al-Shariah Two general categories of maqasid al-shariah were recognised: the Purposes of the Allaah the lawgiver, maqasid al-shariââ¬â¢ah, and the Purposes of the human, maqasid al mukallaf. In an ideal situation the purposes of the law-giver conform to the purposes of the human. Humans do not always know what is in their best interest because of personal whims, hiwa al nafs. The good may appear bad and vice versa. Humans may see immediate benefit while ignoring long-term harm.The Purposes of the Lawgiver are divided into two types: primary and secondary. The primary purposes of the lawgiver, maqasid al-sharia ibtidaaââ¬â¢an, are the most important and are a basis for the secondary purposes. The secondary purposes can be described in three types: the purpose of law as understanding, maqasid al-shariat li al ifhaam; law as injuctions and obligations, maqasid al-shariat li al-takliif; and the law as implementation, maqasid al-shariah li al-imtithaal. This classification shows that the law is not only commands but also has secondary rules that help understand and execute the commands of the primary rules.The primary purposes of Maqasid al-Shariah are divided in to three levels of priority according to its inner strength and all the Islamic legal ruling refers to real ize one of the categories namely:- 1) The necessities or essentials (Daruriyyat). 2) The needs (Hajiyyat). 3) The complementary (Tahsiniyyat). Each of the three have complements, mukammilaat. Each of these three can be divided into private and public purposes. Each of them can also be described in three categories: right of Allah, haqq al-llaah; rights of the human, haqq al-ââ¬Ëabd; rights of the community, and rights of the state, haqq al-sultan.Wants are not mentioned at all in this scheme because they are based on hiwa al-nafs. 5. 1The Essentials (Al-Daruriyyat) The essentials are the matters on which the religion and worldly affairs of the people depend upon, their neglect will lead disruption and disorder and also evil ending and must be protected whether by the individuals, or the government authorities, the essentials can be further divided into the protection of the five fundamental values (Al-Daruriyyat Al-Khamsah).These essential five values are:- ? Protection of Religi on (Al-Din) ? Protection of Life (Nafs) ? Protection of Dignity (Ird) ? Protection of Intellect/Mind (Al-Aql) ? Protection of Property (Al-Mal) 5. 1. 1Protection of Religion (AL-DIN) Al-Din is the most important value that must be protected by the Muslims, protection of al-din at a personal is achieved through the observance of the IBAADAAT, such as five praying, fasting, paying Zakah and performing hajj.Also the protection of Al-Din at wider scope involves defending Islamic faith particularly if it is attacked by the enemy of Islam. The process of protecting can be done through various means such as writings, in speeches and other practical means. If the situation demands waging of war with the enemy of Islam, then it should be done for the sake of protecting. Islam from being destroyed by others Allah S. W. T has enacted the law of JIHAD and commanded the Muslims to defend their faith. 5. 1. Protection of Life (AL-NAFS) Life is essential and valuable to everyone, and it must be pr otected in all circumstances and in this respect, between the life of the rich and poor, between the leader and subordinates, Muslims and non-muslims. Protecting everyoneââ¬â¢s life is equally important and obligatory to each and every individual and society, the Shariah has enacted severe punishment for those who kill each other, the punishment for those who kill an innocent human being is the death penalty in Islam.In the punishment of the murderer, even though one life is killed because of the crime, this will lead to saving many more lives as the punishment will deter other from committing such crime, saving oneââ¬â¢s life is required and it should be done at the expense of other lives, but if the saving of this live might lead to losing of another life then it should be done as the principle of Shariah states ââ¬Å"a particular harm shall not be removed by inflicting another harmâ⬠. . 1. 3Protection of Dignity (AL-IRD) Islam is very concerned about the dignity of a person and emphasizes the importance of protecting dignity. Protection of dignity includes the protection of individual rights to privacy and not exposing or accusing others of misbehaviors. It means ensuring that the relationship between men and women is done in a respectful and responsible way; Islam has enacted a number of guidelines in order to protect the dignity of mankindIslam prohibits its followers committing adultery or other immoral behaviors; any accusation toward a crime, a proof must be confirmed. Otherwise the punishment will be imposed for false accusations. Islam also regulates the relationship between men and women in order to protect their dignity; also Islam disallows the manipulation of women or making women sexual objects and commercial objects by portraying them as an attraction for purchasing such commercial products.Islam tells followers to cover their ââ¬Å"AURAHâ⬠and is one of the ways to protecting their dignity. 5. 1. 4Protection of the Intellect/ Mind (AL-AQL) Al-Aql or the intellect is a great gift from Allah S. W. T to mankind; it is one of the human capacities that differ from animals. Allah has ordered protecting this gift by utilizing the mind for the benefit of all and not for any kind of evil, on the other hand Islam gives freedom to express their views, and it must conform that views with the moral and ethical values provided in the Qoran and Sunnah.Protection of the mind requires safeguarding it from anything that might harm the ability and function of the brain, this includes consumption of liquor or similar substance that will disturb the function of the brain, a punishment will be imposed for those who consume liquor. These are made in order to prevent the spread of such habits that could damage the mind and the brain. 5. 1. 5The Protection of Property (AL-MAL) Acquiring property is one of the necessities of mankind. Islam encourages its followers to acquire wealth through Halal borders.Islam has ordered that no one should transgress and acquire the property of others without a legitimate reason and without proper contract, and there will be severe punishment in the Day of Judgment against those who acquire the properties of others unlawfully. Acquiring the property of others illegitimately can be done through, when engaging usury (Riba), cheating in transactions, breaking the trust in matters related to property, stealing the property of others and other similar means. . 2The Complementary (Al-Hajiyyat) There are many examples of Al-Hajiyyat such as the dispensations or legal excuses (Rukhsah), travelers are allowed to combine and shorten their five obligatory prayers and also break their fast in Ramadan month. A sick person is allowed to pray in a sitting or sleeping position and break his fast in Ramadan, also the basic permissibility regarding the enjoyment of victuals and hunting also fall under this category. 5. 3The Embellishments (Al-Tahsiniyyat)The embellishments refer to interests whose realization lead to the improvement and attainment of that which is desirable. The observance of cleanliness in personal appearance and in IBADAH, moral virtues, avoiding extravagance and measures that are designed to prevent proliferation of false claims of false claims in the courts, all these fall under this category. The disappearance of al-tahsiniyyat may not interrupt the normal life but it might lead to the lack of comfort in life. 6. Maqasid Al-Shariah in Islamic FinanceThe objectives of the Shariah in financial transactions refer to the overall goals and meaning that the Shariah aims at achieving from its rulings related to financial activities and transactions. Looking deeply and constantly into several texts of the divine book and the Sunnah of prophet Mohamed (PBUH) on financial activities. It can be stated that the Shariah has observed specific objectives in the enactment of financial laws and principles, these objectives include:- 1. The Objective of Continuity of the Circulation of WealthThis objective refers of preserving the transactional nature of the financial dealing so as to enable large sectors of population to become a part of the monetary cycle of wealth and to avoid the concentration of wealth in a few hands. It is underlined in several verses and Hadiths which call for giving Zakah, the generous donation and spending for the sake of Allah and to refrain from hoarding and monopolizing the wealth. This can be strengthened by several ruling and commands including those contractual transfers of money and other financial transactions like Mudarabah, Musharakah, Muzaraââ¬â¢ah and e. . c. this will protect the entire society against crimes and greediness of opportunities, and also surely and definitely bring prosperity and happiness to the whole society. 6. 2The Objective of Continuity of the Investment of Wealth When societies develop, also economic activities and transactions develop. A society develops their finances to the bene fit and prosperity of their members, this is done when wealth must be invested and should be available in many hands for its investment and increment.In support of this objective, there are several verses in the Qoran and Hadiths of prophet (PBUH) which address the issue of necessity and obligation of the continuity of the investment of wealth as they call upon all Muslims to earn, strive and continue to extend themselves to the corners of the earth in search of the bounty of Allaah S. W. T. 6. 3The Objective of Achieving Comprehensive Communal Prosperity This objective is directed at fulfilling the basic material needs of all members of society by achieving personal satisfaction and social tranquility and security.The achievement of this objective will also rid society of negative social attributes such us stratification of the population into privileged and non-privileged classes. The verses and Hadith that call upon Muslims to pay Zakah and cooperate and also help each other in b usiness transactions, upholds all the objective of achievement of prosperity in society. 6. 4The Objective of Validation of Financial Ownership This objective aims the lawful authentication of the rights of lawful financial ownership.Numerous verses and Hadiths verify the right of lawful ownership and spending and they serve the purpose of safeguarding Islamic economic activity. Earlier objectives of Shariah discussions was based on reading and looking deeply into verses on trade, expenditure, investment and consumption, this objective is governed by permissiveness (Halal) of such activities like sales and purchases, cooperate business undertakings, farming activities, financial activities and other pertained activities like forgiving minor uncertainties and binding contracts by witnesses. . 5Protection of the wealth in Islamic Business Transactions Preservation of wealth in finance and business transactions is one of the primary Maqasids in Shariah. The verses from the Qoran and al so Sunnah have very strong statements indicating very clearly the importance of wealth whether for individuals or for the community and the society at large. The right to own and earn, Shariah gives the right to the Muslim community to own and earn, thus creating wealth, Muslims can acquire wealth through owning (Tamaluk) or earning (Takasub).Owning (Tamaluk) consists of possessing anything from which they can gain satisfy their needs, whether from their produce or their substitutes, on the other hand Earning (Takasub) consists of exerting oneââ¬â¢s self to gain its own needs whether by physical labor or by mutual consent with others. 6. 6Transparency in Wealth and Finance Transparency is very objective in Shariah for business and finance, this objective seeks to rid Islamic finance from misuse and squander and to prevent disputes, arguments and grudges among the community on financial matters.Islamic law requires security in some business transactions, the main purpose of transp arency is to avoid dispute among people in daily business activities as much as possible. In this respect transparency in finance is applied, especially if it is related to the subject matter of the contract which must be known to both parties including specification, quality and quantity. Such business activities which clearly understood make the contracting parties more comfortable to conclude the deal and execute the business transactions with mutual consent and understanding. . 7Development and Investment of Wealth in Business Transactions The Shariah is very concerned about the development of economic and finance. In supporting this objective the Qoran and Sunnah urge Muslims to look at this aspect respectively. The development of wealth and investment in finance is an obligation not an option, because it contributes to the growth of wealth and protection of property of the society. Shariah considers money as a potential capital rather than a capital, meaning that money becomes capital only when it is invested in a business.Thus the investments and development of wealth will enhance the financial status of members of the society respectively. 6. 8Prevent Harm and Hardship in Wealth and Finance Maqasid al-Shariah tries to achieve command prosperity in the society as a whole, if this is achieved every member of society will be satisfied and safe, as a result from that, all harm and hardship will be either removed from the society or minimized in the finance and business transactions.It is understood that preventing harm in finance comes from putting in to practice most of the objectives of the Shariah in business finance, because those objectives are the key factors. 6. 9Ensure Justice in the Circulation of Wealth in Business Transactions Justice is a prime in human life in all aspects; it is also a vital objective due to its implication in the business community and social activities as well. However justice in terms of wealth starts from earning wealth an d possessing property by right, without any harm.In order to implement justice the Shariah has imposed some rules and regulations and has prohibited all elements that may lead to injustice in business such as bribery, fraud and deception, gambling, uncertainty, Riba and so on. To ensure the establishment of justice in all aspects of business and finance, meanwhile shariah encourages all types of business activities which create justice and benefits the business community and social life as well. 6. 10Objective of Individual Economic ActivitiesThe question of why to produce or why to get involved in economic activities in the first place, is that Shari'ah wants individuals to look after their welfare. Shatibi has used the maslahah (welfare-benefit) to describe this objective of Shari'ah. Human beings have been required by Shari'ah to seek maslahah. Economic activities of production, consumption and exchange that involve maslahah (welfare) as defined by Shari'ah have to be pursued as a religious duty to earn one's betterment not only in this world but in the world hereafter.Also all such activities that have maslahah for human beings are called needs. These needs have to be fulfilled. ââ¬Å"Fulfilling needsâ⬠rather than ââ¬Å"satisfying wantsâ⬠is the objective of economic activities, and the pursuit of this objective is a religious duty. Man is, therefore, obligated to solve his economic problems. The approach that unlimited wants relative to scarce resources defines the economic problem of man may be explaining the economic behavior of a capitalistic society, but it certainly fails to explain the behavior of several traditional societies of the world.The members of traditional societies do not feel motivated to maximize the satisfaction of their wants with the resources available with them, because they find their needs adequately fulfilled and they do not feel obliged to look for the satisfaction of wants beyond their needs defined by themselves or by their environment. All development strategies thus fail to bring development in such societies because of the lack of motivation to earn more or to expand resources at one's disposal. Islamic economic theory, on the other hand, is on more sound footing.It defines economic problem in the light of the objective that Islam assigns to human activities. The fulfillment of this objective is made a religious duty. Islam, thus, becomes a force of economic development even for such traditional societies that are not motivated by the materialistic approach, to maximize the satisfaction of wants. The economic problem of human beings is, therefore, to ââ¬Å"fulfill needsâ⬠with the available resources which most of the time may turn out to be scarce relative to needs.The inconsistency that was pointed out in the concept of ââ¬Å"satisfying human wantsâ⬠is not present in the concept of ââ¬Å"fulfilling human needsâ⬠. If the resource constraint is relaxed, the human needs can be fulfilled as they are objectively defined. 7. Advantages of Shariah Compliance in Islamic Finance Current literature proclaims that Islamic financial system differs significantly from conventional system, not only in the ways it functions, but above all the values which guide its whole operation and outlook.The values which are prevailed within the ambit of Shariah, are expressed not only in the minutiae of its transactions but in the breadth of its role in realizing the Maqasid al-Shariah (objectives of Shariah). Indeed, Maqasid al-Shariah reflects the holistic view of Islam which has to be looked at as a whole not in parts as Islam is a complete and integrated code of life and its goal encompasses the whole life, individual and society; in this world and the hereafter (Dusuki ; Abozaid, 2007).Hence, a deep understanding of Maqasid al-Shariah entails intense commitment of every individuals and organizations to justice, brotherhood and social welfare. This will inevitably le ad to a society whereby every member will cooperate with each other and even compete constructively, as success in life is to obtain the ultimate happiness (falah). Thus mere maximization of profits cannot, therefore, be sufficient goal of a Muslim society.Maximization of output must be accompanied by efforts directed to ensure spiritual health at the inner core of human consciousness and justice and fair play at all levels of human interaction. Only development of this kind would be in conformity with the Maqasid al-Shariah. Despite progress in the improvements and introduction of an enabling Islamic capital market environment through various Shariah-compliant product innovations like sukuk, some structure which attempt to achieve the same economic outcome like conventional bond distort the Maqasid al-Shariah.This distortion stems from the restricted view of understanding Shariah, by only focusing on the legal forms of a contract rather than the substance especially when structurin g a financial product. The overemphasis on form over substance lead to potential abuse of Shariah principles in justifying certain contracts which in fact contradictory to the Shariah text and ultimately undermining the higher objectives of Shariah. Conclusion The methodology of interpreting the Quran integrates three approaches: Maqasid, contextualization, and social science research.The maqasid- oriented approach promotes a focus on the higher objectives intent, and purpose of the text. Contextualization offers insight as to the both the historical and contemporary circumstances relevant to the text, while social science research provides an understanding of the contemporary conditions and realities that enables the interpretation and application of the text to be directed towards achieving the higher objectives. The purposes of Islamic Law are not all equally evident. Some are clear to the general public, like basic ethical principles and the essential necessities of life.Others, however, require a trained juristsââ¬â¢ eye, because they are more subtle, and require deeper investigation to discern. This is where juristic reasoning really needs to be exercised. This is where the jurist qualified to engage in juristic reasoning ââ¬â the mujtahid ââ¬â comes into play, someone who can understand the sacred texts in conjunction with the broad purposes of Islamic Law and then apply this knowledge to the actual circumstances of the outside world in order to come up with an appropriate legal ruling.Our present need is all the more acute due to the paucity of understanding that Muslims have regarding what Islam wants for Muslim society and for the people ââ¬â the protection of their liberties, the effective management of their affairs, the cultivation of virtue among them, the prohibition of vice, the development of their resources, the advancement of their capabilities, and the inculcation of the value of being a productive member of society.Todayâ⠬â¢s Muslims are in need of all of these things, people who often know a lot of Islamic legal rulings but know very little about the purposes behind them. I also propose to add economic development and strengthening of Research and Development in technology and science to the structure ofà Maqasid al-Shariah as they are crucially important in determining the standing of the ummah in the world community. Lastly Maqasid al-Shariah remains open to further enhancement which will depend, to some extent, on the priorities of every age.We should understand that Maqasid Al-Shariah is an important discipline which can play a crucial role in economics, finance and business transactions nowadays. It is time to go forward with full implementation of Maqasid Al-Shariah in finance, business and economic activities to achieve the noble adjectives of the Shariah. These objectives give value to finance, banking, trade and all business transactions. We believe that the implementation of Maqasid Al -Shariah will enhance the performance of finance and trade, and establish justice in the business community and society at large.Furthermore, the achievement of Shariah objectives in business transactions creates happiness and satisfaction, and fulfills the needs of society in terms of wealth. Islam allows all financial activities and transactions leading to the actualization to its noble objectives. Furthermore, investment is considered as an obligation upon all Muslims. This means Muslims have to make use of the wealth in their hands in order to make it grow and gain more profit and benefits. Wealth which is not invested as hoarded.Although the underlined main principles are closely linked to the main objectives of the Shariah in financial activities and transactions, one cannot deny that there are other subsidiary principles, such as prohibition of making money from money, or prohibition of Najash and certain types of sales.References: 1. Dr. Ahcene Lahsasna (2011). Shariah Aspec ts of Business and Finance: INCEIF CIFP. Part 1, January Semester, 2012: Kuala Lumpur: International Centre for Education in Islamic Finance. . Dr. Ahcene Lahsasna (2011). Shariah Aspects of Business and Finance: INCEIF CIFP. Part 1, January Semester, 2012: Online Class Lectures. Kuala Lumpur: International Centre for Education in Islamic Finance. 3. Dr. Asyraf Wajdi Dusuki. ââ¬Å"Challenges of realizing Maqasid Al-Shariah in Islamic Capital Marketâ⬠4. Dr. Mohammad Hashim Kamali. ââ¬Å"Maqasid Al-Shariah: The objectives of Islamic lawâ⬠ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â The Global University of Islamic Finance
Tuesday, October 22, 2019
Choose the Career According to Your Preferences
Choose the Career According to Your Preferences Why to Apply for Jobs Youââ¬â¢re Not Qualified For Whatever you do, you should do it with pleasure! People tend to overlook simple ways that lead to happiness and ignore the huge influence that the grind has on our life. One of the crucial elements of the happy existence of each human is a devotion to the everyday duties, which comprise one very important component the job. Some of us choose to accept the unsatisfying situation and go with the flow, whereas others strive for changes now matter how intimidating those changes might seem. If youve noticed that your job doesnt make you feel good, is not your cup of tea anymore or you are dreaming about a far-fetched position that you think you are not qualified for, its a high time to act and get the job you want! We live in a job-hunting world, where no one has a right to surrender because of the lack of self-confidence. Its your turn to land your dream job, and its our duty to show you how to get a good job no matter what. Examine the job Before you apply for the job that, at fists sight, has nothing in common with your previous experience, understand the mechanism of its work, pay attention to the specific requirements and only then judge whether it is worth trying. After you examine the job attentively, youll be surprised to figure out that most employers state the same or very similar demands and responsibilities. The thing you should work on is figuring out how to transfer the skills youve acquired to the specific sphere. Think of how to put in practice what you already can do. Use clear language There is a false assumption that most people follow, which is the bigger amount of sophisticated words, complicated abbreviations and terms my resume would contain, the better impression it would make. In reality, your resume should be clear and relative to the position you are applying for. Cut down on any vocabulary that would be hard to understand for your employer while reading your resume. Make an impression with the help of detailed description of your skills thanks to which their company will benefit. Have a positive attitude As the vocabulary you use in your resume, your mood plays an important role, too. Avoid usage of uncertain constructions that would show you indecision and hesitation. Think of your strong sides and provide the employer with profound reasons to hire you rather than waste time on one more vacillating candidate. Flatter a bit, but not too much You have already examined your position and know the companys ups and downs. Show your employer that you are interested in the companys development, its achievements and failures and would be happy to contribute if you had such a possibility. A bit of flattering and attention wouldnt harm. However, dont overdo it! At the end, we would like to remind you that you are the sole person responsible for your limits. Enough self-confidence works wonders! Be self-confident and be happy!
Sunday, October 20, 2019
World Population Growth essays
World Population Growth essays In October, 2011, the worlds population had reached another milestone, 70 billion people. The worlds population has doubled and tripled throughout the years. According to the United Nations, the worlds population is most likely to reach 100 billion by 2083. One of the reasons for the rapid population growth is technological development. If you look into charts that show how world population changes throughout time, you will clearly discover a rapid growth after every significant event in development, such as the Industrial Revolution. Every time we make another major improvement in technology, we push environmental capacity to another limit. We mined, farmed, built power plants and so on to make the earth more suitable for us to inhabit, which in turn leads to population growth. Another reason for population growth lays in improvement in health care. People live longer and longer these days. Back in 20th century, the worlds average life expectancy was about 30 years old and now, after only 100 years, we have doubled that number. The worlds average life expectancy in 2012 is 68 years old, and in some countries, like Japan, people are even expected to live over 80. With improvement in medicine and health care, we reduced the death rate dramatically, which has no doubt contributed to the population growth. With people living longer, we are facing another problem, population aging. Take my country, Taiwan as an example. According to Taiwans Council for Economic Planning and Development, Taiwans aging index is 76.8% (population age over 65 divided by population age under 15) in 2012, making it one of the worlds fastest ageing countries. As a result, my country is now suffering from lack of labor, shortage of health care resources, and more. This situation is commonly seen all over the world, mostly in developed countries. And it seems that the developing countries in different areas ...
Saturday, October 19, 2019
Business Plan
A complete natural source of electricity produced from Bryophyllum plants which are scientifically proven. 2) A renewable version of contemporary electricity solution capable of running any sort of machineries or equipment. 3) An electricity generation plant which is significantly more environment friendly and will replace the extensive use of gas, coal in electricity generation. 4) Bangladeshââ¬â¢s weather condition is very much favorable for the production of raw materials (Bryophyllum plants). Bryophyllum plants can be cultivated in any sort of soil even as an indoor plant. 5) Bryophyllum plants are enriched with the elements like Chlorine (Cl? ), Iron (Fe++), Malic Acid, Iso-citric Acid, Citric Acid which ultimately generate electricity under controlled environment. No additional chemicals are required 6) Vegetative Propagation that is the leaf of the plant can be used as seed. 7) The blend of the Bryophyllum plantsââ¬â¢ leaf will continue to generate electricity unless it dries out. 8) Vertical production method will ensure the proper utilization of the land. Vision: ââ¬Å"Our vision is to bridge the demand supply gap of electricity in Bangladesh through electricity generation from Bryophyllum plants for the first time in Bangladesh. â⬠Need Identification Electricity sector in Bangladesh is undergoing a very difficult stage since the gap between demand and supply is almost about 500 Mega Watt (MW) daily. Current daily production capacity of all the plants is 4000 MW at max while the demand is 4500 MW and the production gap is increasing everyday for fast increasing demand. Moreover: Natural gas reserve, the major component for electricity generation, is declining significantly day by day. # Coal based power plants are not environmental friendly and the extraction of coal is critical to environmental hazards. So, there is an urgent need of alternative renewable source of electricity generation. Exactly here lies our market. Target Market Our overall target market is whole Bangladesh where people DO Not get electricity service or suffer from problem like load-shedding . More precisely our target segments will be as follows: 1) Housing companies: Under this segment we will establish a central electricity generation plant in commercial housing areas like ââ¬ËBashundhara Residential Areaââ¬â¢, ââ¬ËPurbachal Residential Areaââ¬â¢ as well as upcoming city expansions. 2) Developers: Under this segment we will target developers like Concord, Asset, Sheltec, Advance etc. and will establish building integrated electricity generation plant which will generate electricity for the whole building. 3) Agricultural Segment: We will establish electricity generation plant which will generate electricity for irrigation pump and other machineries which will ultimately boost up the agricultural production. ) Village Segment : Under this segment villages will be selected where electricity is not available and required number of plants will be established to ensure smooth electricity service. 5) Home Solution: In individual families will replace traditional IPS and will be able to recharge the IPS through the ââ¬ËLiquid Bryophyllum plants. ââ¬â¢ 6) Market of ââ¬ËLiquid Bryophyllumââ¬â¢ Every plant and every home kit will create the market of ââ¬ËLiquid Bryophyllumââ¬â¢ which will be a major source of our revenue. Production Process: Bryophyllum leaves contain chlorine, iron, Malic acid, citric acid and also a large portion of water. When blended leaves come to contact with air a chemical reaction occurs where chlorine and iron become ionized. Then the use of copper and zinc plates ultimately produce DC electricity which finally gets converted into AC electricity Leave Collection gt; Blend gt; Chemical Reaction gt; DC Electricity gt; Converter gt; AC Electricity gt; Consumption Capacity: Generally, 1 kg blend of bryophyllum produces 60V of AC electricity per second or 60W of power. That means to generate 500MW of power only 8300 Metric Tons of bryophyllum leaves is required which will be collected through own cultivation and contract farming. It might be noted that this 8300 Metric Tons of leaves will continue to generate electricity up to four months. Marketing and distribution Phase 1 | Prototype Village In phase 1 we will develop a prototype village with green electricity plant. This village will be the ground for our massive media coverage and business expansion. # This prototype village will be a demonstrative project which will explain the feasibility and practicality of our electricity generation plant. # All the news medias will be deliberately involved to gain the attention of the concerned parties. Phase 2 |Plant in Tourist Spot-Saint Martin Since Saint Martin is a remote Island having no electricity itââ¬â¢s not possible to provide electricity using traditional grid lines. As a result this plant will ensure the following things: # In Saint Martin people from various segments of the society will get to know the soundness of our electricity generation plant. # This plant will ensure national and international exposure since local and foreign tourists frequently visit Saint Martin. Phase 3 | 360à ° Coverage In phase three the extensive promotional activities will be undertaken to ensure the following things: Different teams will contact with parties like housing companies and developers with plant details. A ââ¬Å"Green Electricity Plant Fairâ⬠will be arranged where people will come and see different prototype plants. The interested parties will be entertained accordingly. # CSR activities will be endeavored in phase 3 which indeed will gear up our branding. Price of the product # The price of per unit electricity will be same as set by Government owned â⬠¦.. DESCO # In case of ââ¬ËLiquid Bryophyllumââ¬â¢ the cost plus profit method will be used. Risk Factor: Natural calamity may hamper leaf cultivation, government rules regulations etc. Bankability: It is very obvious that our target market is very obvious and unnerved in some cases and acute demand supply gap exists in the market. Besides the risk factors are not significantly alarming rather controllable in most of the cases. So our project is expected to be very much feasible and bankable. Competitive Environment: Itââ¬â¢s a pioneer project in Bangladesh and the market demand is huge. so the competitive environment is favorable for our project.
Friday, October 18, 2019
Critical Rhetorical Analysis Essay Example | Topics and Well Written Essays - 1000 words - 1
Critical Rhetorical Analysis - Essay Example Thus, the use of outsourcing has become more relevant in todayââ¬â¢s business environment and industries in the international market. Outsourcing usually has numerous advantages to the companies that are outsourcing but this depends on the manner the particular company concerned goes about in the outsourcing. Through outsourcing, the company is able to benefit from reduced prices and better quality goods and services as well as increased selection of products on offer to the consumers. The challenges for outsourcing usually stem from the fact that the company has to meet the legal, business and cultural requirements of the new market that it outsources in. Even if a company manages to overcome the challenges of outsourcing, it may fail to overcome the risks involved such as the loyalty of the staff in the outsourced market as well as other hidden costs. There could be serious problems if the labor or members that work in the outsourced market are not chosen in an appropriate manner or that the initiative is not properly articulated to the members of the company. Kripalani argues that outsourcing of jobs has been met with skepticism in the United States majorly due to the fact that the government and industrialists alike believe that through outsourcing, the countries that outsource take away the job opportunities available to citizens. However, he argues that the United States government should look at the finer details and benefits that may be derived from outsourcing as when handled well, the nation stands to benefit just as the nation that it has outsourced jobs to (Kripalani, 64). His argument is supported by the fact that the ruling party in India has appreciated the economic importance of having a free trade area which allows outsourcing as a creator of employment opportunities for all. Through outsourcing in India, corporations headquartered in the United States stand to
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