Juridical Frameworks Research Articles

Istihsan and ITS implementation in the field of Islamic economics and finance

The primary purpose of this study is to find out the dialectic of Imam Abu Haneefah's legal istinbat method, namely istihsan, then its implementation in the field of Islamic economics and finance. The library research approach is used to conduct research that is carried out with a review of literature, previous research, and other sources related to the problem being studied. The data obtained in this study are primary, as well as data presentation and analysis carried out by researchers based on normative juridical frameworks. The results showed that Istihsan was used as an istinbath method by Imam Abu Haneefa and other scholars because it had a strong foundation both from the Qur'an, Al-Hadith and the views of several other scholars. Thus, the existence of an istihsan can be a postulate of shari'a, although Imam Shafi'i, in his understanding of istihsan categorically rejects it as a postulate of shari'a. Then, the differences in istinbath methods, especially in istihsan, cause many different views about the understanding of istihsan itself, and this causes many legal differences that will result from the method. The implementation of the Istihsan method in the realm of Islamic economics and finance is commonly found in the community in the contract of Shirkah Mufawadhah, Buying and Selling Istishna' and buying and selling credit

Decolonizing Memory: Algeria and the Politics of Testimony

Decolonizing Memory: Algeria and the Politics of Testimony

Movie Minorities: Transnational Rights Advocacy and South Korean Cinema

Movie Minorities: Transnational Rights Advocacy and South Korean Cinema

Accountingisation of social care: the multiplicity and embeddedness of calculations and valuations in costing and caring practices

PurposeThis study aims to explore the calculations and valuations that unfold in everyday practices within social care settings. Specifically, the paper concerns the role of accounting in dealing with multiple calculable and non-calculable spaces within the case management process. The study sheds light on the multiplicity produced in constructing the client as an object through the calculations and valuations embedded in the costing and caring practices in social work.Design/methodology/approachThis is a qualitative case study in a Swedish social care organisation, with a specific focus on the calculations and valuations within the case management process. The data have been gathered from 20 interviews with social workers, team leaders, managers and a management accountant, along with more than 36 h of on-site observations and internal organisational documents, including policy documents, guidelines and procedural lists.FindingsThe case management process involves interconnected practices in constructing the client as an object. While monetary calculations and those associated with worth are embedded in costing and caring practices, they interact and proliferate in various ways. Three elements are found: transforming service units into centres of calculation, constructing the accounts of calculation and establishing the cost-value calculations. Calculations and valuations are actuated in these elements in describing the need, matching the case with the unit and caseworker and deciding on the measure. The objectification of the client entails the construction of accounts, for example, ongoing qualifications, categorisations and groupings of units, juridical frameworks, case types, needs and measures. As an object multiple, the client becomes different objects at different stages, challenging the establishment accounts, and thus producing a range of calculations and valuations. Such diversity in calculations concomitantly produces more calculations to represent the present and absent multiple facets of the client, resulting in a multiplicity of costing and caring.Practical implicationsThe study might flag up for practitioners the possible risks and unintended consequences of depending too much on fixed guidelines and (performance) indicators since social work involves object multiples, which are always in diversity and changeable in situ. Considering the multiple dimensions within the specific contexts could thus be helpful to mitigate such risks in the evaluation of social care processes and the design of (performance) metrics.Originality/valueThis study contributes to the literature on accountingisation by extending the concept as a part of ongoing organisational practices, materialised within the calculations of money and worth in everyday social care. Besides demonstrating their reconsolidation, this study shows a multiplicity of costing and caring practices depending on the way the client is constructed, resulting in the proliferation of accounting(s) and ultimately accountingisation of social work.

Promising pipelines and hydrocarbon nationalism: the sociality of unbuilt infrastructure in indigenous Siberia

Promising pipelines and hydrocarbon nationalism: the sociality of unbuilt infrastructure in indigenous Siberia

Rethinking Gendered Citizenship: Intimacy, Sovereignty, and Empire

ABSTRACT This editors’ introduction provides an overview of the special issue of Amerasia Journal, “Rethinking Gendered Citizenship: Intimacy, Sovereignty, and Empire.” This introduction offers expansive definitions of intimacy to account for a fuller range of modes of belonging and connection beyond juridical and state-based frameworks. The contributions to the special issue draw from critical ethnic studies, indigenous studies, queer studies, trans studies, and gender studies to elaborate how intimate connections are consciously and unconsciously forged under multiple regimes of settler colonialism and empire, the connections forged across geographies and temporalities, complicate the meanings of inclusion and exclusion.

Beyond the confines of the law: Foucault’s intimations of a genealogy of the modern state

The general claim advanced in this article is that Foucault’s genealogy of the modern state traces two ideal-typically different power arrangements at the origin of the modern state, roughly referred to as ‘sovereign power’ and ‘governmentality’. They are ideal-typically different in that they operate according to a different logic, including different ends, means and modi operandi. The more specific claim, then, is that due to this different logic, their ever changing interpenetration on the level of the state is imbalanced. In order for ‘governmentality’ to operate according to the law, it must be backed by the juridical frameworks provided by sovereign power, but then again these juridical frameworks prove inadequate and insufficient to curb ‘governmentality’s’ operational procedures as well as the modalities and intensities of its implementation. In other words, in his genealogy of the modern state, Foucault tracks down ‘governmentality’ as a distinctive form of power which, although intertwined with the state, cannot juridically be contained by the state. It cannot be appropriately restrained by its legal regulations and, as such, constitutes an excess vis-à-vis those regulations.

Following Food to its Source

First paragraph: Knowing Where it Comes From seeks to provide a history for the various labeling systems for foods now present in the global supply chain. Accordingly, author Fabio Parasecoli explains what a geographic indication is while comparing how these labels are used in various administrative systems, namely the sui generis system and the mark-based system. Parasecoli refers to these indications and labeling schemes as “place-based labels” (p. 7). His stated goal is to “explore and assess the political, legal, and administrative appa­ratus that has been activated to identify and safe­guard the connection between foods and their places of origin and to illustrate its different effects on all the stakeholders” (pp. 6–7). While Parasecoli may ultimately achieve this goal, such success is contingent upon the reader’s dedicated toil. Parasecoli does not follow the sage writing advice to never use two words where just one will do, leaving the reader to navigate a Faulkner style of writing with long, complicated sentences often containing excessive verbiage. For example, at one point Parasecoli writes, “The increasing commercial and cultural relevance of local products and practices—especially those expressing long-lasting traditions—has led to attempts to describe, systematize, and regulate them through different kinds of classifications, juridical frameworks, and international conven­tions” (p. 6). Although Parasecoli takes pains to explain our globalized labeling scheme, his writing style often adds further complexity to an already complicated subject matter.

Whose Land Is It Anyway? Property, Law and Rights in the Land Acquisition Question in India

The question of land acquisition in India hinges on the nature of land as property, the nature of collective land rights, the nature of individual property rights on land and the nature of the state as expropriator for specific collectivities or benefactor for public good. Defining public use or common good has historically been one of the more protracted contestations between the state and individual/communal ownership of land. Rule-making for acquisition of land and appropriate compensation marks a second contestation, between ‘law’ and ‘justice’, as evidenced both in the colonial law of 1894, and subsequent amendments and legal enactments after independence. Focusing on two of the most crucial aspects of land acquisition law—ownership and consent, and compensation against acquisition—this article explores how the idea of public good for common purpose has been historically constituted within legislative and juridical frameworks, and how the notion of compensation is closely connected to the contested definition of public good and the definition of ‘community rights’. In probing these issues, I seek to arrive at an understanding of the implications of reciprocal rights and obligations that mutually constitute society and state in India.

Research in urban history: recent theses on nineteenth- and early twentieth-century municipal administration

The ways in which the organization of local government and the practice of political power locally have changed over time has attracted heightened interest from urban and administrative historians over recent decades. Much of this burgeoning interest has paralleled the concurrent decline in the status and powers of local government since the 1980s. In recent years, a shifting focus from government to governance has allowed the historian to re-conceptualize approaches to urban political power. Urban governance denotes a wider system of government by encapsulating the complex range of actors, interests and resources, which straddle the public, private and voluntary sectors, each with a vested interest in the way that political power is organized and practised locally. By broadening their approach to urban political power, urban historians have, since the late 1980s, elicited new perspectives on municipal administration, reattaching it with the national and juridical frameworks of analysis from which it had been fractured. In general, this growing number of local, regional and cross-national historical studies hints at a more complex and interesting municipal dimension which transcends previously impermeable divisions between the private and the public spheres, between political democracy and administrative bureaucracy, between the central state and municipal administration, and between national and transnational contexts of administrative thought and practice.

Integrated management of marine biodiversity in Europe: Perspectives from ICZM and the evolving EU Maritime Policy framework

Biological diversity, or biodiversity, is high on the international agenda for nature conservation. Marine and coastal ecosystems account for an important share of the biological diversity on Earth. As a consequence many international conventions, European legislation and national laws refer to marine biodiversity. The protection of marine biodiversity is a complex legal issue as it requires consideration of geographic (between land and sea), political (between conservation and exploitation), and economic (between fisheries, tourism, intellectual property and many other sectors) factors. Like Matryoshka dolls, marine biodiversity is a heterogeneous notion difficult to address as one discrete area in the development of policy agendas or juridical frameworks. In the past decade, the EU has been very active in Promoting Integrated Coastal Zone Management and in developing a framework for an Integrated Maritime Policy. This article reviews the status of marine biodiversity in the policy and legal initiatives of the European Union, a challenging issue to both the objectives of conservation and to the concept of integration.

SACRED LAW RECONSIDERED

ABSTRACTPeople everywhere search for answers by using the resources of their traditions. They wish to do so in a legitimate way, and so they consult official institutions, specialists, and skilled individuals for their opinions; regardless of religious or cultural contexts, the common aim of these experts is to produce security, unity, and trust. Therefore, the norm‐finding processes in Islamic and Western contexts share fundamental similarities: the problem of finding a final ground for judgment, the strategies of constructing coherence and of organizing consensus, and the difficulties of obtaining legitimacy. What makes one debate “Islamic” and the other one “Western” is the different semantic materials, the different authorities, the different languages, and the different juridical frameworks. In my comparison of Muslim and Western discourses and practices, I conclude that Muslim and non‐Muslim scholars tend to overemphasize the uniqueness of Muslim legal and practical responses to bioethical challenges, because they restrict their purview to legal opinions, ignoring larger dynamics of legitimization.