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Practical Challenges in Customary Law Translation

The Case of Rwandaís Gacaca Law

The Rwandan justice system know as Gacaca, originally preserved by word of mouth was revived, documented, tested and used successfully to handle millions of legal cases in the aftermath of the Rwandan genocide against the Tutsi. This monograph begins by depicting the general picture of customary law and ponders on the practical challenges in the production of the modern Gacaca law in three versions: Kinyarwanda, French and English. The author demonstrates that translation involves language use and transfer, as well as communication within a cultural setting. The book amply demonstrates that linguistic, textual, contextual and cultural cues in translation should not be downplayed. It also shows that the cultural turn in translation has transformed and re-conceptualised the translation theory to integrate non-western thought about translation discipline since time immemorial. A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.

A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.

The Future of African Customary Law

Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law, and international human rights treaties. The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights, and intestate succession; and the relationship between customary law, human rights, and gender equality.

This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from legislation and common law.

A Manual of Nuer Law

Being an Account of Customary Law, its Evolution and Development in the Courts Established by the Sudan Government

Originally published in 1954 this book was originally designed for administrators but has become a key title for anthropologists. It includes a summary account of the history and social organisation of the Nuer and provides a descriptive analysis of their customary practices concerning homicide, blood-feuds, marriage and divorce and the settlement of disputes by arbitration and the award of compensation. It shows how in the first half of the twentieth century, as a result of administrative action and in particular the establishment of 'Chiefs' Courts' a system of law developed, which although based on customary procedures, introduced many concepts which were quite unknown to the Nuer in the past.

Originally published in 1954 this book was originally designed for administrators but has become a key title for anthropologists.

Islamic Entrepreneurship

This book discusses the idea that there is a specific Islamic form of entrepreneurship. Based on extensive original research amongst small and medium sized enterprises in Saudi Arabia, it shows how businesses are started and how they grow in the context of an Islamic economy and society. It argues that as specific Islamic approaches to a wide range of economic activities are being formulated and implemented, there is indeed a particular Islamic approach to entrepreneurship. Examining the relationship between Islamic values and entrepreneurial activity, the book considers whether such values can be more effectively used in order to raise the profile of Islamic entrepreneurship, and also to promote alternatives to development in the contemporary business environment. The book analyses the nature of entrepreneurship, and the special qualities of Islamic entrepreneurship, and discusses how the Islamic approach to entrepreneurship can be encouraged and developed further still

Table 6.4 The attitudes of the Saudi entrepreneurs towards embracing Western values and Western practices in their ... in adopting technology in its physical structure while forcefully rebuffing its cultural origin (Tibi, 2001).

Research on Islamic Business Concepts

Proceedings of the 12th Global Islamic Marketing Conference, December 2021

This book presents selected chapters from the proceedings of the 12th Global Islamic Marketing Conference (June 2021). The chapters provide an up-to-date overview of research and insights into Islamic business practices in general and Islamic marketing strategies in particular. Papers include topics such as understanding Muslim consumer behavior, services marketing, implications and implementation of Halal business practices, social media marketing, ecommerce strategies, and overall business strategy. This book is helpful for researchers interested in the specialties of the topic and also for business consultants who wish to have an in-depth understanding of doing business in Islam-oriented regions.

This book presents selected chapters from the proceedings of the 12th Global Islamic Marketing Conference (June 2021).

FinTech in Islamic Financial Institutions

Scope, Challenges, and Implications in Islamic Finance

This book explores several challenges facing FinTech in Islamic financial institutions. Firstly, large banks and financial institutions in countries with updated and innovative technological channels will earn the technology arbitrage from FinTech. This ‘size’ puzzle may create a challenge for Islamic financial institutions that are of smaller size and from technologically less-developed countries. Secondly, while access to FinTech is getting broader day by day, usage of FinTech is still limited due to personal and governance-related limitations. Moreover, the level of awareness of the emerging FinTech services (i.e., bitcoin, blockchain, etc.) remains extremely poor even among the residents of technologically-advanced countries. Thirdly, use of FinTech by Islamic financial institutions is limited to Islamic banking, to users from developed countries, among young customers, and for a limited number of traditional banking services such as the deposits and payment services. Also, banks hope to use FinTech to increase the size of a new breed of technology-savvy depositors and loan customers to achieve economies of scale, which may help stabilize the banking sector. Automation in Islamic banks and the participation of Islamic financial institutions in blockchain and bitcoin domains require extensive research from Shariah-compliance as well as market and consumer-related grounds. With all the opportunities and challenges of FinTech—promoting inclusion, easier loan monitoring, and risk of Shariah non-compliance—this book explores the implications for Islamic financial institutions and will be of interest to scholars, researchers, and students of Islamic finance and financial technology.

Journal of Culinary Science and Technology, 15(3), 223–238. ... In 2020 International Conference on Sustainable Futures: Environmental, Tech- nological, Social and Economic Matters, ... Entrepreneurship: Theory and Practice.

Islamic Fintech

The implementation of new technologies is expected to boost the development of Islamic Finance by increasing accessibility to banking and other financial services in Islamic communities and democratizing access to investment opportunities. At the same time, new technologies will increase financing opportunities and facilitate asset management for Sharia-compliant businesses. This collection of essays from selected experts in the field comprise some of the most topical issues on Islamic Fintech, combining a business focus with legal insights. The book takes as a point of departure the role that Islamic Fintech can play in promoting sustainability. The social vision of welfare improvement and justice is already embedded in Sharia’s economic rules, which makes Islamic Finance particularly well suited to bridge the gap between sustainability and funding. Although it is not without challenges for the industry, technology will help unleash its potential. With a holistic approach to Islamic Fintech, the contributing authors address the application of new technologies to Islamic Finance, including robo-advisory, crowdfunding and digital ledger technology (both in the issuance of bitcoin and the registration of securities in tokenized form) and in certain sectors such as takaful (takaful-tech) and health (e-health). Finally, they explore the challenges posed by anti-money laundering (‘AML’) in the specific realm of Islamic Fintech. The book combines theoretical analysis with a practical focus, both through case studies and directly through the experiences of leading entrepreneurs. In addition, it provides insights on legal and regulatory aspects, which are key in a field that is still in its infancy and needs support from lawmakers and regulators. It is, thus, a reference for academics, legal practitioners, policymakers, entrepreneurs and the Islamic Finance community.

This collection of essays from selected experts in the field comprise some of the most topical issues on Islamic Fintech, combining a business focus with legal insights.

Islamic Social Finance

Waqf, Endowment, and SMEs

Islamic Social Finance provides an introduction to the Waqf system, which has played a significant socio-economic role throughout the history of Islamic civilization. In a contemporary framework, Waqf creates new networks between micro-entrepreneurs, Small and Medium Sized Enterprises (SMEs), and entrepreneurship through voluntary donations made by individuals in a society. In other contexts, Waqf supports the financial system and contributes to the UN sustainable development goals (SDGs).

First, it introduces the definitions of waqf and the practices of waqf. ... properties, agriculture, tourism, Islamic Social institutions, the health industry, Real Estate Investment Trust (REIT), and financial technology (Fintech).

Institutional Islamic Economics and Finance

Institutional economics claims that institutions and policies rather than the size of labour force, technology or capital investment are pivotal for growth or under-development. In this regard there are two kinds of institutions: external institutions expressed in the form of laws, organisations, regulations, companies, banks and the like and internal institutions, which are found in the hearts and consciences of individuals. Against this backdrop, this book acquaints readers with the basic concepts related to institutional economics. It then brings to light the theoretical concepts related to the institutional perspectives on Islamic economics, particularly highlighting areas where Islamic economic institutions lay at the crossroads with conventional ones. The book also ref lects upon the organisational arrangements that comply with the basic tenets of Islamic institutional economics. Further, it brings a collection of real-world case studies into discussion to show the models of Islamic institutions that are pragmatic in today’s business environment. The book contains novel dimensions on the subject, includes conceptual debates as well as practical examples and explores hot topics such as waqf and fintech from an Islamic perspective. This is the first book to exclusively cover this topic and is written by well-known and respected international economists from the field. Since the book is written in an accessible style and the concepts are expressed in plain language, it will find an audience among academics, researchers and students in economics and Islamic economic studies, as well as policymakers and professionals engaged in the Islamic finance industry, seeking to make their services and products conform to an Islamic institutional perspective.

Journal of Innovation and Entrepreneurship, 8(15), 1–20. Doi:10.1186/s13731-019-0110-2 McKeever, ... Entrepreneurship and mutuality: Social capital in processes and practices. ... Technology Innovation Management Review, 7(6), 38–49.

Economic Development and Islamic Finance

Although Islamic finance is one of the fastest growing segments of emerging global financial markets, its concepts are not fully exploited especially in the areas of economic development, inclusion, access to finance, and public policy. This volume is to improve understanding of the perspective of Islamic finance on economic development, social and economic justice, human welfare, and economic growth.

... technology, entrepreneurship, and management) and conditions and policies (such as developed financial markets, ... In other words, we must first determine whether these countries have truly adopted and practiced Islamic economic ...