Castration Solution to Abandoned Babies

CASTRATION SOLUTION TO ABANDONED BABIES KUALA LUMPUR: Men who do not want to take responsibility after having made girls pregnant out of wedlock should be castrated. Venting his anger and frustration over the rising number of abandoned babies, Senator Ahmad Husin said only this could teach men to be more responsible in their actions. â€Å"In cases like these, those involved always disappear without a trace. We should just castrate them,† he said after asking a supplementary question to Women, Family and Community Development Minister, Datuk Seri Shahrizat Abdul Jalil, on cases of abandoned babies yesterday.Shahrizat said although the suggestion was radical yet creative and innovative, studies had to be done first as not all men were irresponsible. â€Å"Besides, we are not living in the past. We need to tackle the problem the 21st-century way, beginning from a strong family institution and awareness programmes,† she told the house. Shahrizat said most cases of abandone d babies were due to weak family institution and where the responsibility of bringing up a child was left to other parties. â€Å"Parents are all too busy to pay attention to their children.The family institution has become individualistic where parents `franchise' their kids for other quarters to bring them up. † Earlier, to a question by Senator Empiang Jabu, Shahrizat said four strategies – advocacy, prevention, support and research – would be used to tackle related issues. She said the ministry provided counselling and interactive workshops to give the public, especially young girls, deeper understanding on intimate relationships and its consequences. | New Straits Times, Apr 30, 2010 | by Ili Liyana Mokhtar

Komatsu Case Study Analysis

Komatsu Case Study Contents Executive Summary2 Evolution and Strategic Drivers of Komatsu (EME)3 Organizational Culture4 Five-Force Analysis: The EME Industry:5 SWOT Analysis8 Resource Based Competitive Advantage8 Financials & Future Course9 Company on The Right Path11 References12 Executive Summary Komatsu, the Japan based earth moving equipment taking on Caterpillar manufacturer has been studied by management students around the globe for years now. This story of David vs Goliath provides us an insight about the strategies followed by David in bringing down Goliath.Komatsu’s evolution and its strategies were studied in comparison with that of Caterpillar. Responses to each other’s moves in the global earth moving equipment industry have been analysed in the context of their international business strategies. An industry to analysis was done to understand the environmental factors that affected the competition between the giant and the emerging. A SWOT analysis identif ied the internal resources and capabilities of Komatsu that aided it to develop its distinctive competitiveness.How Komatsu achieve a sustained profitability, higher than the industry average despite the volatile international EME market was studied under the financial analysis. The role of organizational culture in enabling Komatsu to succeed in the highly competitive industry was also studied in the case analysis. Through all the above mentioned analysis, it was found out that the company was in the right track. Measures to ensure that the company continues to stay in the high profitability section have been discussed in the concluding part of the report. Evolution and Strategic Drivers of Komatsu (EME)Komatsu Limited  or  Komatsu  is a multinational corporation that manufactures construction mining, and  military  equipment, Industrial equipments such as press machines, lasers and  thermoelectric generators. Komatsu is the world's second largest manufacturer of  con struction and  mining equipments  after  Caterpillar. However, in some areas (Japan, China), Komatsu has a larger share than Caterpillar. It has manufacturing operations in Japan, Asia, Americas and Europe. Komatsu was especially dangerous to Caterpillar due to the fact that it was the second largest EME company worldwide.The 1920s to the 1930s marked major developments for Komatsu and prominent growth. The company stressed that the management should have two important perspectives * Overseas orientation * User orientation During World War II, Komatsu thrived by producing for the Japanese military surplus of products (military tractors,  bulldozers,  tanks,  howitzers etc. ). After the war, the company introduced commercial bulldozers and forklifts to its equipment line up meanwhile experiencing exponential growth precipitated by strong market demand in a post-war construction era. The company brought a wide range of new products to market by the late 1960s.The company c ontinued to expand through the 1970s but sales began to steadily decline as early as 1982. Komatsu now understood the competition it faced but still held a 60% market share within Japan. With the threat of the Caterpillar/Mitsubishi venture taking place Komatsu decided to attempt a revitalization of the company. Since Komatsu mainly exported whole machines, the company soon realized that needed to also expand into other markets and set up assembly plants. Unable to persuade dealers to sell its equipment, the company set up its own branch sales offices and authorized small repaid shops to be Komatsu service agents.The company set two goals during the 1960s. * The acquisition of the necessary advanced technology from abroad * The improvement of product quality within the company. In the early 1970s, Komatsu started to recognize its distributor network worldwide, aiming to supplement the direct sales offices with more servicing dealers (similar to CAT’s). The company entered lic ensing agreements with two major EME manufacturers in the United States – International Harvester and Bucyrus-Eric. They also launched quality upgrading programs in its factories.The program was used to reflect the Total Quality Control (TQC) concept. All personnel were expected to strive for TQC. In 1964, the company started Project A which aimed to upgrade the quality of the small and medium-sized bulldozers. In 1972, the company launched project B which focused on exports. In 1979 the company launched Project called â€Å"F and F† which stood for â€Å"Future and Frontiers† and its objective was to develop new products and new businesses. The project encouraged suggestions from all its employees by asking them to consider both the need of society and the technical know-how of the company.The company also began to focus more towards its Research and Development during the early 1970s. Efforts continued with some attention to basic research as well as product d evelopment. It had the distinction of introducing the world’s first radio-controlled bulldoze, amphibious bulldozer and remote-controlled underwater bulldozer. The management decided to focus on improving the competitiveness of its products. A four- part cost reduction plan was initiated. During the same time the company also accelerated its product development program.In 1981, they launched EPOCHS (Efficient Production Oriented Choice Specifications) whose main purpose was to allow the company to respond to the diverse market needs without compromising its cost position. Also, by the end of 1983, the company’s manufacturing had become fully integrated, producing all of its parts in-house. Komatsu has been a leader in innovative quality-control initiatives ever since President Yashinari Kawai decided to leverage MITI’s opening of the EME industry in 1963, and fight back in the face of the Caterpillar/Mitsubishi joint venture.The company had managed to overcome v olatile market fluctuations over the last few years, particularly in key construction markets, as a result of aggressive organizational restructuring and corporate mergers and joint ventures. Organizational Culture We can analyze the organizational culture on the basis of the following parameters: 1. Strength/Weakness of the Culture: Komatsu’s culture can be classified as a strong culture because of their strong alignment to organizational values, which makes them respond to stimulus and help the firm operate in a highly efficient manner. 2.Power Distance: Due to hierarchy being a very important aspect of the culture in Japan, the power distance is quite high in Komatsu with a well defined hierarchy though the interactivity between different levels of the organization is also fairly high. The power is also mainly concentrated in the hands of the chairman who maintains a tight control. 3. Individualism vs Collectivism: Again in line with Japanese culture, the organizational cu lture is more collectivistic with every employee striving towards a common goal. Yet certain individualistic natures are also encouraged to satisfy the intrinsic needs of the workers. . Goals and Objectives: The culture of Komatsu underlines the clear goal it has, i. e. beating Caterpillar and becoming the number one in the EME industry. In fact Komatsu’s internal slogan is Maru-C, which when roughly translated means encircle Caterpillar. 5. Employee relations and empowerment: Komatsu maintains very strong employee relations and ensures that each employee has satisfaction in terms of work, cooperation with colleagues and winning approval from others, making them feel that they’re contributing to the organization greatly while ensuring that they’re in line with the organization values and goals.Five-Force Analysis: The EME Industry: I. Threat of New Entrants| 1| 2| 3| Remarks| 1. Economies of scale is low | X| | | The industry is based on ‘Build to Orderâ⠂¬â„¢ and the machine specs differ from customer to customer. | 2. Experience effects are high; therefore| | | X| Experience in running the business in this industry is vital because huge capital is invested. | 3. Product differentiation is medium| | X| | Differentiation in the product quality and the customer requirements is moderate during the time of sales but the differentiation factor lies in the after sales service & availability of spares| 4.Brand identification is high| | | X| Customers blindly rely on branded equipments. E. g. Caterpillar (55% market share)| 5. Capital requirements are very high| | | X| Because of the capital intensive nature of the product/ industry, new entrants would stand weak comparatively| 6. Incumbents control of distribution channels is high| | | X| Access to distribution channel for new entrants is difficult because the branded players maintain strong relationship with the partners| 7.Incumbents proprietary knowledge is high| | | X| Ease of startin g business in this industry is low for an individual. It demand high degree of prior knowledge| 8. Incumbents control of access to raw materials is low| | X| | Procurement of raw material (basically steel) is not too difficult as there is cut throat competition in the steel industry| Overall Threat of New Entrants| Low| | 6. II. Bargaining Power of Buyers| 1| 2| 3| Remarks| 1. Buyer concentration is low | X| | | Not many are involved in buying these equipments. Even the amount is high but the distribution is concentrated. 2. Buyer purchase in small volume, and less frequently| | X| | The number of transactions is low (non-recurring) but post-sales the dependence on the vendor increases due to spares & support| 3. Buyer switching costs are high| | | X| Because of the huge initial investment, high life span of the product & the dependence for the after-sales support makes the buyers immobile| 4. Buyers have good information| X| | | The buyers are well experienced in their particular b usiness and hence have full knowledge of the product| 5.Buyers’ ability to integrate backward is low| | | X| It is almost impossible for a retail customer to start up such a business (capital intensive, knowledge based)| 6. Close-substitute products are rarely available| | | X| A tractor cannot be replaced by other equipments or a bullock-cart| 7. Product differentiation of suppliers is low| X| | | Players tend to match the product quality is very low because of the cut-throat competition| 8. Buyers’ profitability is very high| | | X| EMEs in these industries (mining, forest, agriculture) holds high importance | Overall Bargaining Power of Buyers| Medium| | . III. Bargaining Power of Suppliers| 1| 2| 3| Remarks| 1. Concentration of suppliers is low | X| | | The number of suppliers is less. | 2. Availability of substitute products is moderate| | X| | Raw Materials involved are normally irreplaceable except in highly innovative product. | 3. Importance of customer to the supplier is moderate| | X| | Steel industry has other customers also (automobile, real estate/housing, other mfg. industries) but due to lower margins the volume is also important for them. Thus, moderate. | 4.Differentiation of supplier’s product & service is low| | | X| Basic raw materials required are almost of equal quality from other suppliers. | 5. Switching costs of the buyer are moderate| | X| | Due to strong relationships and credit dependence, the buyers would resist switching very often. | 6. Threat of forward integration by the supplier is low| | | X| A steel supplier is least likely to start the EME business. | 7. Importance of the input to the quality of the buyer’s product is high| X| | | The quality of the raw materials determines the quality of the final product. 8. Cost of the input, relative to the total product cost is high| X| | | The raw material contribution to the final product comprises of ;50% of the total cost| Overall Bargaining Power of Su ppliers| Medium| | 8. IV. Threat of Substitute Products| 1| 2| 3| Remarks| 1. Profitability of industry producing substitute is NA | | | X| There seems to be no substitute industry for EMEs| 2. Rate of improvement in price-performance relationship of substitute product is NA| | | X| NA for the same reasons as above| 3. Buyers switching costs are high| | |X| As mentioned earlier, dependence for after sales support and big life span of the product makes it difficult for the buyers to switch| Overall Threat of Substitute Products| Low| | 9. V. Competitive Rivalry & Barriers to Exit| 1| 2| 3| Remarks| 1. Concentration of competitors is high | X| | | There is close competition among the existing players. There are around 10 competitors in the industry. | 2. Industry growth rate is moderate| | X| | The growth rate of the industry is moderate (6%-7%) because of maturity in the industry (more competitors coming in and depleting margins)| 3.Fixed Costs are high| X| | | The CAPEX involved in setting up facilities is high and this is lowered by JVs to an extent. | 4. Product differentiation is low| X| | | There is not much difference in the main equipments the competitors make except the after sales service| 6. Switching costs are high| | | X| Because of the huge initial investment, high life span of the product & the dependence for the after-sales support makes the buyers immobile| 7. Exit barriers are high| X| | | Asset specialization is high & huge investment makes it difficult to quit| 8.Strategic stakes are high| X| | | Caterpillar was exposed to loss in Europe due to Komatsu eating up its market share. | Overall Intensity of Competitive Rivalry| High| | 10. *1-High 2-Medium 3-low 11. SWOT Analysis STRENGHTS * Wide range of products – Full Line offered * Excellent quality levels in terms of products and processes with Total Quality Control (TQC) being adopted for all practices and supplemented by the Plan, Do, Check, Act (PDCA) cycle. * Price advantage with r espect to major competitors. Large international presence and market leaders in its home country as well as a few other countries, especially in the eastern bloc. * Low cost and highly productive nature of the labor force. * Excellent R & D facilities and development of breakthrough and specialized products and adaptation of products to suit user requirements in various countries. * Able to respond to diverse market needs without compromising on the cost position (EPOCHS project). * Fully integrated manufacturing with production of all components and parts in house. WEAKNESSES * Centralized production system which will lead to less flexibility on account of changing competitive factors like protectionism, exchange rate fluctuations etc. * Logistical difficulties in shipping and high landed cost. * Weaker sales and distribution network as opposed to that of Caterpillar. * CAT still has wider brand recognition and a larger brand value * Product range still smaller than that of Caterpi llar. | OPPORTUNITIES * Increase in infrastructure development in developing countries in Asia and Latin America. * Mining boom in Australia. A number of unique products in its kitty like amphibious and remote controlled bulldozers which can be used for specialized purposes such as working at toxic dump sites and underwater mining. * Ever increasing usage of robots in manufacturing will give a large market share for its industrial robots. | THREATS * Reduction in demand for EME equipment due to the decline of the construction boom, especially in developed countries. * Fluctuating nature of the Yen. * The rise of trade frictions between the US and European Community and Japan. The rise of smaller domestic companies in the international market. | Resource Based Competitive Advantage Let us now analyze Komatsu on the basis of its Physical, Reputational, Organizational, Financial and Intellectual resources. 1. Physical: The physical resources of Komatsu are quite valuable and some of it is quite rare such as its unique products such as the amphibious bulldozer but is not hard to copy and is substitutable. In fact CAT still has advantages over it in terms of sales and distribution and factory locations. 2.Reputational: The reputation of Komatsu is quite valuable and is widely known as a maker of good quality EME machines at competitive prices but CAT still has a higher reputational advantage over it. 3. Organizational: The organizational set up of Komatsu is highly efficient and it is one of its most valuable resources. It has one of the best labor relations in the industry. 4. Financial: The financial position of the company is quite stable at the moment but is subject to a lot of risks on account of various factors like the fluctuating Yen, decreasing demand for EME equipment etc. . Intellectual: The intellectual resources of Komatsu is one of the best in the industry, making it highly valuable and rare, leading to the development of its excellent R & D infrastru cture and highly productive nature of its labor force. Financials & Future Course From the limited and abridged version of the financial performance of Komatsu, we can see that the company has shown consistent growth. Yet, there has been considerable fluctuation in the sales revenue and net income over the years. Plotting the data in a graph gives us a clear picture of this trend.The above three figures show that the market-share of Komatsu, in the global EME market, has steadily grown between 1978 and 1984. It is interesting to note that the net sales and net income of the company does not correspond to the steady growth in the market share. These ups and downs can be explained in a case by case basis. In the early 1970s, the company started focusing on upgrading the quality of its products to compete in the global market. MITI’s decision to open the EME industry to foreign investments led to an obsession for quality and acquisition of advanced technology.Licensing technolog ies from International Harvester and Bucyrus-Eric and implementation of quality improvement programs led to high costs but they started paying off in the late 1970’s in terms of increased market penetration and lower cost of manufacturing. Aggressive exports to Western Europe and other parts of the world in the early seventies led to the sustenance of growth in market share and sales. But poor dealer network and lack of global servicing facilities led to a overkill of inventories and parts in international subsidiaries that led to substantial decrease in net income.Pricing its products at 30-40% less than that of CAT’s products enabled Komatsu to sell high number in LDCs. Komatsu’s ratio of exports grew from 20 % to 55 % in 1975. Late 1970s saw an increased investment in R to facilitate the V-10 program to reduce cost by 10 %, reduce the number of part of by 20 %, focus on value engineering and rationalizing the manufacturing process. This dented the balance she et. Rapid appreciation of Yen against many major currencies led to further constraints. Though the engineers used pessimistic internal yen/dollar exchange rate, the volatile nature of Yen had an impact on the net income.Buying its way out of the licensing contracts between International Harvester and Bucyrus-Eric again led to a major expense in the early 1980s, but they saved the company a great deal of trouble and licensing fees. This led to the unrestricted introduction of products like hydraulic excavators and wheel loaders to the world market. This led to a spike in the net income and net sales of the company in early 1980s. The rise of trade friction between European community and USA on one hand and Japan on the other slumped Komatsu’s international sales after 1982.Subsequent freight costs from shipping heavy earth moving equipment with poor volume to value ratio, simultaneous initiatives such as EPOCH, PDCA and increase in R spending to 5. 8 % in 1983 pulled down the net income figures. These are temporary downtrends which will be turned in to rapid up swing once these efforts start to paying off. Company on The Right Path The company is on the right track. Results of R efforts like superior cast iron development, 1000 bhp bulldozer, and diversification to arc-welding robots, heat systems etc have ensure the future of the company.It has spread its risk and has capitalized on changing trends like the embargo by Reagan’s administration which got Komatsu the Siberian natural resource project. Through it initiatives like F, it has identified the future course of the organization with the participation of its employees. But a competitor like CAT will definitely bounce back stronger than ever. CAT has its distinctive competitiveness built through strong dealership, huge financial reserves, global learning and experience. Innovation, operational efficiency, quality and consumer responsiveness are the key factors in achieving distinctive competit iveness.Komatsu has already addressed the needs of innovation, quality and operational efficiency. But there is a big gap in the consumer responsiveness aspect. CAT offers service and spare parts in 24 hours in any part of the world. Inventory overkill is a not a sustainable solution, hence the company’s immediate concern should be of improving the consumer responsiveness to ensure repeat purchase and nurturing customer loyalty. Company’s internal exchange rate has kept it buoyed during turbulent times in the money market, but initiatives like hedging revenues from international business will reduce forex risk.Innovation is vital, but innovation should be backed by organization commitment. If these innovations are not deftly handled, the sunk cost in R will scuttle the company. Komatsu should hence avoid falling in to the ‘Chasm’ between the early adopters and early majority of its new products. This can be achieved by sensing the different needs of the ea rly majority and perfecting the design of the products, adopting the distribution network to commercialization and revamping its business model based on the new requirements.If Komatsu fails in these fronts, it will fall in to the ‘Pioneers’ category of the Icarus paradox Danny identified by Miller. References * http://www. cat. com/about-the-company * http://www. komatsu. com/CompanyInfo/profile/ * C. W. L. Hill & R. Jones, ‘Strategic Management- an integrated approach’(2009). Bizantra, New Delhi. * C. W. L. Hill & Arun. K. Jain, ‘International Business – competing in the global market place’ (2009). Tata McGrawHill, New Delhi.

Al Maqasid Al Sharia

Hence, Maqasid al-Shari’ah represents â€Å"the objectives and the rationale of the Shari’ah. It encompasses all disciplines, laws, regulations, policies, instructions, obligations, principles, beliefs, devotion and actions designed to protect the interest of human beings in all segments and aspects of life. Various scholars have tried to elucidate the purposes and the objectives of Shari’ah upon which it is established. Among these the exceptional individuals are the Malikite Abu Ishaqal-Shatibi, the Shafite al-‘Izz ibn ‘Abd al-Salam, and the Hanbalite Ibn Qayyim al Jawziyyah. According to Ibn Qayyim al-Jawziyyah, Shari‘ah aims at safeguarding people’s interest in this world and the Hereafter. Referring to the maqasid al-Shari‘ah , al-Ghazali said: â€Å"The objective of the Shari‘ah is to promote the welfare of human beings, which lies in safeguarding their faith, their life, their intellect, their posterity, and their wealth. Whatever ensures the safeguard of these five fundamentals serves public interest and is desirable†. Al-Shatibi approves al-Ghazali’s list and sequence,hereby indicating that they are the most preferable in terms of their harmony with essence of Shari’ah . Finally, Ibn Ashur provides a broader definition stating that: Both its general rules and specific proofs indicate that the all-purpose principle(maqsad ‘amm) of Islamic legislation is to preserve the social order of the community and insure its healthy progress by promoting the well-being and righteousness ( salah ) of that which prevails in it, namely, the human species. The well-being and virtue of human beings consist of the soundness of their intellect, the righteousness of their deeds as well as the goodness of the things of the world where they live that are put at their disposal. Maqasid al-Shari’ah : An Overview Maqasid al-Shari’ah calls for establishment of justice, elimination of unfairness and alleviation of privation. It endorses relationship and mutual support within the family and community in general. This has for outcome a preservation of public interest (maslahah) as the most important objective of the Shari’ah. Shari’ah recognizes three areas which constitute well- being, namely, endorsing benefits (maslahah ) to people, educating individual and establishing justice. One of the objectives and the underlying principle of the Shari’ah is endorsing benefits (maslahah) to the people. It is associated with people livelihood in this world and the Hereafter Qur’anic verse: â€Å"†¦ and establish regular prayer: for prayer restrains from shameful and unjust deeds; and remembrance of Allah is the greatest (thing In life) without doubt. and Allah knows the(Deeds) that ye do. † ( Al-Qur’an , Al-Ankabut: 45). Every verdict in Shari’ah appears with reasoning and with a purpose, which is to shelter and protect public interests (maslahah ) in all aspects and segments of life. It should also be observed that in specific occasions emergence of arguments between endorsement of benefit and avoidance of evil arise. If none appears to be preferable, then avoidance of evil takes precedence over the recognition of benefit. Educating individuals is an essential objective of Shari’ah, too. Education encourages people with faith and Taqwa (consciousness of Allah s. w. t. ) in order to accomplish public objectives. A truthful and moral person can emerge as representative of others and bearer of the ruling of Shari’ah related to ibadah , mu’amalah and jinayah. Lastly, one of the objectives of the Shari’ah is to maintain the standards of justice (‘adl ). It must be based on creation of equilibrium which accomplishes rights and responsibilities on one side, and abolishes unfairness and inequality on the other. It must embrace both individual and social justice, regardless whether it is a case of friend or foe, Muslim or non-Muslim, personal or public. Illicit behaviors and wrongdoings are disapproved and punished in order to avoid injustice as it is undesirable and contradictory with the philosophy of Qur’an and the Maqasid al-Shari’ah. IDENTIFICATION OF THE MAQASID As already indicated the ulema have differed in their approach to the identification of the maqasid. The first approach to be noted is the purely textualist approach, which confines the identification of the maqasid to the clear text, the commands and prohibitions, which are in themselves the carriers of the maqasid. The maqasid, according to this view, have no separate existence as such. Provided that a command or prohibition is tasrihi (explicit) and ibtida’i (normative) it in itself conveys the maqsud of the Lawgiver. Although it is generally accepted that textual injunctions must be respected and observed as manifestations of the intentions of the Lawgiver, the majority approach to the identification of the maqasid takes into consideration not only the text but also the underlying ’illah or rationale of the text. 10 The chief exponent of Al-Maqasid, Abu Ishaq Ibrahim al-Shatibi , spoke affirmatively of the need to respect and observe the explicit injunctions, but added, that adherence to the obvious text must not be so rigid as to alienate the rationale and purpose of the text from its words and sentences. Such rigidity could, of course, then be just as much contrary to the maqsud of the Lawgiver as would be in the case of a conscious and direct neglect of that law. The preferred approach then is to read the text, whether it is of a command or a prohibition, in conjunction with its rationale and objective, for this is most likely to bear the greatest harmony with the intention of the Lawgiver. 11 Al- Shatibi elaborated that the maqasid that are known from such a comprehensive reading of the text are of two types, asliyyah (primary) and tab’iyyah (secondary). The former are the essential maqasid, or the daruriyyah, which the mukallaf must observe and protect regardless of his personal predilections, whereas the latter, the supplementary maqasid, or the hajiyyat, are those regarding which the mukallaf has some flexibility and choice. The comprehensive approach to the textual injunctions of the Shari’ah has given rise to two important questions. Firstly, the question that seeks to establish whether the means to a command, a wajib (obligation) or a haram (prohibition), should also be seen as integral to the goal and objective that is sought by that command. The general response given to this question is that supplementary aspects of commands and prohibitions are indeed integral to their objectives. Thus, it is generally accepted that whatever might be necessary for the completion of a wajib is also a part of that wajib, and that whatever may lead to a haram is also haram. There has, however, been some disagreement on this, emerging from certain areas of detail. The second question concerns the silence of the Lawgiver in respect of certain conducts, especially where a general reading of the relevant evidence casts light on the value of that conduct. The question may be formulated as follows: We know that the maqasid can be known from clear injunctions, but can they also be known from a general reading of the nusus (clear textual rulings) by way of induction? Al-Shatibi’s response to this question is possibly the most original. Page 5 of 7 Istiqra’ (induction), according to al-Shatibi, is one of the most important methods for identifying the maqasid of the Shari’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 to be obtained from them. A decisive conclusion may thus be arrived at from a plurality of inclining expressions. Al-Shatibi illustrates this with an important example. Nowhere in the Qur’an is there a specific declaration to the effect that the Shari’ah has been enacted for the benefit of the people, and yet, this must be the definitive conclusion that is to be drawn from the collective reading of a variety of textual proclamations. 12 To illustrate the point further we may give two more examples. There is no specific declaration in the textual sources on the classification of the maqasid into the three categories of daruriyyah, hajiyyah and tahsiniyyah or on the conclusion that the Lawgiver has intended that these maqasid must be protected — and yet, through istiqra’, this classification and conclusion has generally been accepted by the ulema. Again, there is no specific textual declaration espousing the claim that the protection of the five values of life, intellect, faith, lineage and property is of the most primary importance to the Shari’ah — but once again, through istiqra’, this has also been generally accepted by the ulema. It is also to be noted that the inductive method is not confined to the identification of maqasid-cum-masalih alone, but extends to commands and prohibitions. 15 Conclusions arrived at through istiqra’, such as those in the above paragraph, are of great overall importance to the understanding and implementation of the Shari’ah. They are not to be seen as being subject to doubt or lacking in credibility by way of being based on speculative reasoning. 14 In fact, al-Shatibi’s own position on this was to go so far as saying that the conclusions and positions established through istiqra’ are he general premises and overriding objectives of the Shari’ah, over and above the level of the specific rules. Al-Shatibi’s approach to the method of induction is reminiscent of knowledge that is acquired of the personality and character of an individual through a sustained association and observation of conduct of that individual. This kind of knowledge is b road and holistic as it is enriched with insight, and is likely to be more reliable compared to, say, knowledge based only on the observation of odd and isolated incidents in the daily activities of that individual. AL-MAQASID AND IJTIHAD Having expounded his theory of Al-Maqasid, al-Shatibi advocated and accentuated the need for knowledge of the science of Al-Maqasid as a prerequisite to the attainment of the rank of a mujtahid (jurist). Throughout Muslim history, those who neglected acquiring mastery over the science of Al-Maqasid did so at their own peril, as it made them liable to error in ijtihad. Included amongst these were the ahl al-bida’ (the proponents of pernicious innovations), who only looked at the apparent text of the Qur’an without pondering over its ultimate aims and objectives. These innovators (an allusion to the Kharijites) held steadfastly to the literal text of even the mutashabihah (the intricate segments of the Qur’an) and premised many conclusions on them. They took a fragmented and atomistic approach to the reading of the Qur’an, which failed to tie up the relevant parts of the text together. The leading ulema have, on the other hand, always viewed the Shari’ah as a unity, in which the detailed rules were to be read in the light of their broader premises and objectives. 6 Ibn ’Ashur, the author of another landmark work on Al-Maqasid, also stressed that knowledge of the science of Al-Maqasid was indispensable to ijtihad in all its manifestations. 1 Some ulema, who confined the scope of their ijtihad only to literal interpretations, found it possible, ibn ‘Ashur observed, to project their personal opinions into the words of the text, but fell into error as they were out of touch with the general spirit and purpose of the surrounding evidence. We may illustrate this by reference to the differential views taken by the ulema with respect to whether the Zakah on commodities, such as wheat and dates, must be given in kind or could also be given in their monetary equivalent. The Hanafis validated the possibility of this substitution, but some ulema held otherwise. The Hanafi view was founded on the analysis that the purpose of Zakah was to satisfy the needs of the poor, which could just as easily be achieved with the monetary equivalent of the commodity. Ibn Qayyim al-Jawziyyah likewise observed that where the ahadith on the subject of sadaqah al-fitr (the charity due on the Eid after Ramadan) sometimes referred to dates and at other times to raisins or food grains, the common purpose in all this was to satisfy the needs of the poor, which could be done with any of these staple foods of Madinah and its environs at that time. The purpose in any of these ahadith was not to confine the payment of the sadaqah to a particular commodity. A similar example relates to the issue of whether a person may pay his Zakat ahead of time, that is, prior to the expiry of the one year period when it becomes due, and whether he is liable to pay again if he has already paid before that time. Imam Malik, drawing an analogy with Salah, ruled affirmatively that the person would be liable to pay again. Subsequent Maliki jurists, including Ibn al-‘Arabi and Ibn Rushd, however, disagreed with this position and ruled that early payment of Zakah was permissible. Indeed, if someone performs his Salah before its due time, he must perform it again at its proper time. But, there is a difference between Salah and Zakah, in that the former is time-bound to specific times but the latter is not in any such similar ways. Hence, Zakah may be paid earlier, especially if it is prepaid by only a few weeks. Scholars who have taken a non-literalist approach, on the other hand, have often been criticised for departing from certain parts of the textual sources. Imam Abu Hanifah, for example, was criticised by the Ahl al-Hadith (the Traditionalists), for having departed on occasions from the wordings of particular ahadith. It turns out upon closer inspection, however, that such scholars departed from the text only when they had reached a different conclusion by reading that particular text in the context of the of the other relevant evidence in the Qur’an and Sunnah. Disharmony and conflict between the aims and objectives of the Shari’ah and its specific rulings may arise latently. A mujtahid or a judge may issue a ruling or a decision which appears at that time to be consistent with the text and maqsud of the Shari’ah. With time and further scrutiny, however, it may prove to be not so consistent. A judge may, for example, uphold a duly signed contract and make it binding on the parties. With time, however, the contract may prove to be grossly unfair on one of the parties. In such an eventuality the judge or the mujtahid can hardly ignore the attendant unfairness and insist on the strict adherence to the letter of the contract. Indeed, according to the Shari’ah laws of obligations, a contract is no longer a governing instrument between the shari’ah al-‘aqidayn (the contracting parties) if it becomes an instrument of injustice. The judge must therefore, in order to uphold the maqsud of justice, a primary and all-pervasive characteristic objective of the Shari’ah, set aside the contract. The judge or the mujtahid must, likewise, give priority to the maqasid whenever there is such a latent discord. These discords or conflicts are most likely to occur where the specific rulings have been arrived at through the doctrine of Qiyas (Analogy). Thus, where a rigid adherence to Qiyas may lead to unsatisfactory results, recourse may be had to Istihsan (Juristic Preference) in order to obtain an alternative ruling that is in greater harmony with the objectives of the Shari’ah. An important feature of the ‘Maqasidi’ (objectives-based) approach in relation to ijtihad and the formulation of specific rules is the attention that the mujtahid must pay to the consequences of his rulings. Indeed, an ijtihad or fatwa would be deficient if it failed to contemplate its own ma’alat (consequences). The importance of such contemplation is demonstrated by the Prophet’s Sunnah. Therein, we note instances where the Prophet paid much attention to the possible consequences of his rulings, often in preference to other considerations. Thus, for example, although acutely aware of the treason and subversive activities of the Munafiqun (the Hypocrites), without and within the Muslim community, we find that he decided not to pursue them, stating simply that â€Å"I fear people might say that Muhammad kills his own Companions†. Similarly, although he personally would have liked very much to accept and execute ‘A’ishah Siddiqah’s suggestion to restore the Ka’bah to its original proportions, as founded by the patriarch Prophet, Ibrahim, again, we find that he decided not to, saying â€Å"I would have done so if I didn’t fear that this may induce our people into disbelief†. In both these instances, therefore, the Prophet did not take what would have been thought to be the normal course because of a foresight of the potential adverse consequences. Finally, we must turn to ijtihad in the context of crimes and penalties. Of course, the normal procedure here is to apply the punishment whenever the cause and occasion for it is present. There may, however, be instances where to pardon the offender would be a more preferable course to take. The mujtahid and the judge must remain open and alert to such possibilities and reflect them in their judgements whenever so required. Al-Shatibi has in this connection drawn a subtle distinction between the normal ’illah that invokes a particular ruling in a given case and what he terms as ‘illah tahqiq manat al-khas (the verification of the particular) in the issuance of ijtihad and judgement. The mujtahid (scholar) may investigate the normal ‘illah and identify it in the case, for example, of a poor person who qualifies to be a recipient of zakah, but such an enquiry may take a different course when it is related to a particular individual as to what might seem appropriate or inappropriate to be applied in a particular case. The mujtahid needs therefore to be learned not only of the law and specific evidence but must also have acumen and insight to render judgements that are enlightened by both the overall consequences as well as the special circumstances of each case. CLASSIFICATION OF MAQASID AL SHARI’AH Although there are different classifications of maqasid al-Shari‘ah , Muslim cholarsgenerally classified them into three main categories: daruriyyat (essentials), hajiyyat (needs)and tahsiniyyat (embellishments). The essentials ( daruriyyat ) are particulars that are required and considered as vital for the founding of wellbeing in this world and the Hereafter. If society in some way neglects them, the outcome will be anarchy together with disorder of the functionality of the society which will result in total collapse. The essential masalih (plural of maslahah) or daruriyyat are further divided into five: (i) Preservation of faith/religion (Din); (ii) Preservation of the life(afs); (iii) Preservation of lineage/descendents/procreation (asl ); (iv) Preservation of property ( Mal ); and (v) Preservation of intellect/reason (‘Aql ). The embracement of the mentioned values is obligatory to ensure normal functioning of society and welfare of individuals. It is an obligation of society and people to implement all necessary measures to prevent or eliminate all the barriers that will hinder the realization of these values. The Shari’ah constantly seeks to embrace and endorse these values and enhance procedures for their continuation and progression. Furthermore, Islam as religion is greatly concerned with eradication of poverty and hardship of individuals and community, which is in consistency with the aims of Shari’ah. This is to ensure that people have prosperous life and that there will be no disruption to their normal life. The needs (hajiyyat ) serve as complementary to the essentials. Without the needs, people will face hardship. However, non-existence of the needs will not create complete disruption of the normal order of life as is the case with the essentials. Ibn Ashur defined the meaning of complementary necessities in the following manner: â€Å"It consists of what is needed by the community for the achievement of its interest and the proper functioning of its affairs. If it is neglected, the social order will not actually collapse but will not function well. Likewise, it is not on the level of what is indispensable (daruri ). The embellishments ( tahsiniyyat ) relate to matters which bestow enhancement in the societyand guide to improved life. The admirable illustrations are Shari’ah ’s guidelines as clean body and attire for purpose of prayer, offering charity and avoiding lavishness and recommendation of supererogatory prayers (‘ibadat ). The rationale of all these are the accomplishment of integrity and perfection in entire fields of a person’s behavior. However, without these values the society will still be able to function and normal life process will not be interrupted. The illustrations of these matters are: voluntary ( sadaqah),and ethical and moral rules, and others. MAQASID AL-SHARI’AH AND ISLAMIC FINANCE The significance of the Maqasid al-Shari’ah in Islamic finance originates from the perspective of the wealth in Islamic law. This significance relates also to the objectives of the Islamic law in finance and business transactions and to the overall goals of Shari’ah in wealth. The protection and preservation of the wealth is categorized in the sphere of necessary matters (daruriyyat). In previous section it has been elaborated that essentials necessities are those which, without their preservation, there would be disorder and anarchy in society. The abolishment of preservation for these matters would have for result loss of everything that we embrace as valued (Ibn Ashur, 2006). This characterization and classification of Maqasid al-Shari’ah demonstrates the most important position of the wealth and the substance of the finance in Islamic law. Therefore, it must be highlighted here that the finance is recognized by Maqasid al-Shari’ah as valuable aspect of life. Furthermore, the finance is preserved by Islamic law in form of Islamic lawful decisions and guidelines. It is essentially important to stress on the realization of Maqasid al-Shari’ah in the current Islamic finance transactions because of the several important reasons. First, there is a strong relationship between the objectives of Maqasid al-Shari’ah and the objectives of business transactions, as can be observed from the position of the wealth within Islamic law and Maqasid al-Shari’ah that requests the preservation of wealth in everyday business activities and the promotion of socially responsible activities. As a result, if objectives of Maqasid al-Shari’ah in business transactions are neglected, it may result in poverty and anarchy. Second, the business transactions in domestic and international trade should be based on the principles of Islamic law, and the fundamental objectives of Maqasid al-Shari’ah in finance and business shall be applied as core guidelines to implement all types of financial transactions. Third, the particular objectives of Maqasid al-Shari’ah in business transactions must have perpetuity and constant outlook of the universal objectives of Maqasid al-Shari’ah . Last but not the least, the regulations of business transactions should be within the rules and the requirements of Maqasid al-Shari’ah and Islamic law. In other words, Maqasid al-Shari’ah must administer and regulate the Shari’ah principle of the Islamic finance. CONCLUSION The purpose of every civilization is to promote peace, prosperity, and freedom for its own members and for all others through compassionate justice. The challenge for all of us therefore is how to do this. Hence, The One (Allah) Who creates knows, surely the One Who knows will speak. Since He will speak, surely He will speak to those who possess consciousness and thought, and those who will understand His speech. Since He will speak to those who possess thought, surely he will speak to mankind, whose nature and awareness are the most comprehensive of all conscious beings and indeed He has done by revealing the Quran. As much as we understand Maqasid al-Shari’ah which are undoubtedly rooted in the textual injunctions of the Qur’an and Sunnah, we will achieve the goal and purpose that is advocated and upheld. 1. MAQASID AL-SHARI’AH IN ISLAMIC FINANCE: AN OVERVIEW, by mirza vejzagic 2. AL-MAQASID AL-SHARI’AH THE OBJECTIVES OF ISLAMIC LAW, Mohammed Hashim Kamali 3. Maqasid al Shari’ah: Strategy to Rehabilitate Religion in America by Dr. Robert D. Crane 4. The Collection of Risale-i Nur, The Letters by Said Nursi Al Maqasid Al Sharia Hence, Maqasid al-Shari’ah represents â€Å"the objectives and the rationale of the Shari’ah. It encompasses all disciplines, laws, regulations, policies, instructions, obligations, principles, beliefs, devotion and actions designed to protect the interest of human beings in all segments and aspects of life. Various scholars have tried to elucidate the purposes and the objectives of Shari’ah upon which it is established. Among these the exceptional individuals are the Malikite Abu Ishaqal-Shatibi, the Shafite al-‘Izz ibn ‘Abd al-Salam, and the Hanbalite Ibn Qayyim al Jawziyyah. According to Ibn Qayyim al-Jawziyyah, Shari‘ah aims at safeguarding people’s interest in this world and the Hereafter. Referring to the maqasid al-Shari‘ah , al-Ghazali said: â€Å"The objective of the Shari‘ah is to promote the welfare of human beings, which lies in safeguarding their faith, their life, their intellect, their posterity, and their wealth. Whatever ensures the safeguard of these five fundamentals serves public interest and is desirable†. Al-Shatibi approves al-Ghazali’s list and sequence,hereby indicating that they are the most preferable in terms of their harmony with essence of Shari’ah . Finally, Ibn Ashur provides a broader definition stating that: Both its general rules and specific proofs indicate that the all-purpose principle(maqsad ‘amm) of Islamic legislation is to preserve the social order of the community and insure its healthy progress by promoting the well-being and righteousness ( salah ) of that which prevails in it, namely, the human species. The well-being and virtue of human beings consist of the soundness of their intellect, the righteousness of their deeds as well as the goodness of the things of the world where they live that are put at their disposal. Maqasid al-Shari’ah : An Overview Maqasid al-Shari’ah calls for establishment of justice, elimination of unfairness and alleviation of privation. It endorses relationship and mutual support within the family and community in general. This has for outcome a preservation of public interest (maslahah) as the most important objective of the Shari’ah. Shari’ah recognizes three areas which constitute well- being, namely, endorsing benefits (maslahah ) to people, educating individual and establishing justice. One of the objectives and the underlying principle of the Shari’ah is endorsing benefits (maslahah) to the people. It is associated with people livelihood in this world and the Hereafter Qur’anic verse: â€Å"†¦ and establish regular prayer: for prayer restrains from shameful and unjust deeds; and remembrance of Allah is the greatest (thing In life) without doubt. and Allah knows the(Deeds) that ye do. † ( Al-Qur’an , Al-Ankabut: 45). Every verdict in Shari’ah appears with reasoning and with a purpose, which is to shelter and protect public interests (maslahah ) in all aspects and segments of life. It should also be observed that in specific occasions emergence of arguments between endorsement of benefit and avoidance of evil arise. If none appears to be preferable, then avoidance of evil takes precedence over the recognition of benefit. Educating individuals is an essential objective of Shari’ah, too. Education encourages people with faith and Taqwa (consciousness of Allah s. w. t. ) in order to accomplish public objectives. A truthful and moral person can emerge as representative of others and bearer of the ruling of Shari’ah related to ibadah , mu’amalah and jinayah. Lastly, one of the objectives of the Shari’ah is to maintain the standards of justice (‘adl ). It must be based on creation of equilibrium which accomplishes rights and responsibilities on one side, and abolishes unfairness and inequality on the other. It must embrace both individual and social justice, regardless whether it is a case of friend or foe, Muslim or non-Muslim, personal or public. Illicit behaviors and wrongdoings are disapproved and punished in order to avoid injustice as it is undesirable and contradictory with the philosophy of Qur’an and the Maqasid al-Shari’ah. IDENTIFICATION OF THE MAQASID As already indicated the ulema have differed in their approach to the identification of the maqasid. The first approach to be noted is the purely textualist approach, which confines the identification of the maqasid to the clear text, the commands and prohibitions, which are in themselves the carriers of the maqasid. The maqasid, according to this view, have no separate existence as such. Provided that a command or prohibition is tasrihi (explicit) and ibtida’i (normative) it in itself conveys the maqsud of the Lawgiver. Although it is generally accepted that textual injunctions must be respected and observed as manifestations of the intentions of the Lawgiver, the majority approach to the identification of the maqasid takes into consideration not only the text but also the underlying ’illah or rationale of the text. 10 The chief exponent of Al-Maqasid, Abu Ishaq Ibrahim al-Shatibi , spoke affirmatively of the need to respect and observe the explicit injunctions, but added, that adherence to the obvious text must not be so rigid as to alienate the rationale and purpose of the text from its words and sentences. Such rigidity could, of course, then be just as much contrary to the maqsud of the Lawgiver as would be in the case of a conscious and direct neglect of that law. The preferred approach then is to read the text, whether it is of a command or a prohibition, in conjunction with its rationale and objective, for this is most likely to bear the greatest harmony with the intention of the Lawgiver. 11 Al- Shatibi elaborated that the maqasid that are known from such a comprehensive reading of the text are of two types, asliyyah (primary) and tab’iyyah (secondary). The former are the essential maqasid, or the daruriyyah, which the mukallaf must observe and protect regardless of his personal predilections, whereas the latter, the supplementary maqasid, or the hajiyyat, are those regarding which the mukallaf has some flexibility and choice. The comprehensive approach to the textual injunctions of the Shari’ah has given rise to two important questions. Firstly, the question that seeks to establish whether the means to a command, a wajib (obligation) or a haram (prohibition), should also be seen as integral to the goal and objective that is sought by that command. The general response given to this question is that supplementary aspects of commands and prohibitions are indeed integral to their objectives. Thus, it is generally accepted that whatever might be necessary for the completion of a wajib is also a part of that wajib, and that whatever may lead to a haram is also haram. There has, however, been some disagreement on this, emerging from certain areas of detail. The second question concerns the silence of the Lawgiver in respect of certain conducts, especially where a general reading of the relevant evidence casts light on the value of that conduct. The question may be formulated as follows: We know that the maqasid can be known from clear injunctions, but can they also be known from a general reading of the nusus (clear textual rulings) by way of induction? Al-Shatibi’s response to this question is possibly the most original. Page 5 of 7 Istiqra’ (induction), according to al-Shatibi, is one of the most important methods for identifying the maqasid of the Shari’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 to be obtained from them. A decisive conclusion may thus be arrived at from a plurality of inclining expressions. Al-Shatibi illustrates this with an important example. Nowhere in the Qur’an is there a specific declaration to the effect that the Shari’ah has been enacted for the benefit of the people, and yet, this must be the definitive conclusion that is to be drawn from the collective reading of a variety of textual proclamations. 12 To illustrate the point further we may give two more examples. There is no specific declaration in the textual sources on the classification of the maqasid into the three categories of daruriyyah, hajiyyah and tahsiniyyah or on the conclusion that the Lawgiver has intended that these maqasid must be protected — and yet, through istiqra’, this classification and conclusion has generally been accepted by the ulema. Again, there is no specific textual declaration espousing the claim that the protection of the five values of life, intellect, faith, lineage and property is of the most primary importance to the Shari’ah — but once again, through istiqra’, this has also been generally accepted by the ulema. It is also to be noted that the inductive method is not confined to the identification of maqasid-cum-masalih alone, but extends to commands and prohibitions. 15 Conclusions arrived at through istiqra’, such as those in the above paragraph, are of great overall importance to the understanding and implementation of the Shari’ah. They are not to be seen as being subject to doubt or lacking in credibility by way of being based on speculative reasoning. 14 In fact, al-Shatibi’s own position on this was to go so far as saying that the conclusions and positions established through istiqra’ are he general premises and overriding objectives of the Shari’ah, over and above the level of the specific rules. Al-Shatibi’s approach to the method of induction is reminiscent of knowledge that is acquired of the personality and character of an individual through a sustained association and observation of conduct of that individual. This kind of knowledge is b road and holistic as it is enriched with insight, and is likely to be more reliable compared to, say, knowledge based only on the observation of odd and isolated incidents in the daily activities of that individual. AL-MAQASID AND IJTIHAD Having expounded his theory of Al-Maqasid, al-Shatibi advocated and accentuated the need for knowledge of the science of Al-Maqasid as a prerequisite to the attainment of the rank of a mujtahid (jurist). Throughout Muslim history, those who neglected acquiring mastery over the science of Al-Maqasid did so at their own peril, as it made them liable to error in ijtihad. Included amongst these were the ahl al-bida’ (the proponents of pernicious innovations), who only looked at the apparent text of the Qur’an without pondering over its ultimate aims and objectives. These innovators (an allusion to the Kharijites) held steadfastly to the literal text of even the mutashabihah (the intricate segments of the Qur’an) and premised many conclusions on them. They took a fragmented and atomistic approach to the reading of the Qur’an, which failed to tie up the relevant parts of the text together. The leading ulema have, on the other hand, always viewed the Shari’ah as a unity, in which the detailed rules were to be read in the light of their broader premises and objectives. 6 Ibn ’Ashur, the author of another landmark work on Al-Maqasid, also stressed that knowledge of the science of Al-Maqasid was indispensable to ijtihad in all its manifestations. 1 Some ulema, who confined the scope of their ijtihad only to literal interpretations, found it possible, ibn ‘Ashur observed, to project their personal opinions into the words of the text, but fell into error as they were out of touch with the general spirit and purpose of the surrounding evidence. We may illustrate this by reference to the differential views taken by the ulema with respect to whether the Zakah on commodities, such as wheat and dates, must be given in kind or could also be given in their monetary equivalent. The Hanafis validated the possibility of this substitution, but some ulema held otherwise. The Hanafi view was founded on the analysis that the purpose of Zakah was to satisfy the needs of the poor, which could just as easily be achieved with the monetary equivalent of the commodity. Ibn Qayyim al-Jawziyyah likewise observed that where the ahadith on the subject of sadaqah al-fitr (the charity due on the Eid after Ramadan) sometimes referred to dates and at other times to raisins or food grains, the common purpose in all this was to satisfy the needs of the poor, which could be done with any of these staple foods of Madinah and its environs at that time. The purpose in any of these ahadith was not to confine the payment of the sadaqah to a particular commodity. A similar example relates to the issue of whether a person may pay his Zakat ahead of time, that is, prior to the expiry of the one year period when it becomes due, and whether he is liable to pay again if he has already paid before that time. Imam Malik, drawing an analogy with Salah, ruled affirmatively that the person would be liable to pay again. Subsequent Maliki jurists, including Ibn al-‘Arabi and Ibn Rushd, however, disagreed with this position and ruled that early payment of Zakah was permissible. Indeed, if someone performs his Salah before its due time, he must perform it again at its proper time. But, there is a difference between Salah and Zakah, in that the former is time-bound to specific times but the latter is not in any such similar ways. Hence, Zakah may be paid earlier, especially if it is prepaid by only a few weeks. Scholars who have taken a non-literalist approach, on the other hand, have often been criticised for departing from certain parts of the textual sources. Imam Abu Hanifah, for example, was criticised by the Ahl al-Hadith (the Traditionalists), for having departed on occasions from the wordings of particular ahadith. It turns out upon closer inspection, however, that such scholars departed from the text only when they had reached a different conclusion by reading that particular text in the context of the of the other relevant evidence in the Qur’an and Sunnah. Disharmony and conflict between the aims and objectives of the Shari’ah and its specific rulings may arise latently. A mujtahid or a judge may issue a ruling or a decision which appears at that time to be consistent with the text and maqsud of the Shari’ah. With time and further scrutiny, however, it may prove to be not so consistent. A judge may, for example, uphold a duly signed contract and make it binding on the parties. With time, however, the contract may prove to be grossly unfair on one of the parties. In such an eventuality the judge or the mujtahid can hardly ignore the attendant unfairness and insist on the strict adherence to the letter of the contract. Indeed, according to the Shari’ah laws of obligations, a contract is no longer a governing instrument between the shari’ah al-‘aqidayn (the contracting parties) if it becomes an instrument of injustice. The judge must therefore, in order to uphold the maqsud of justice, a primary and all-pervasive characteristic objective of the Shari’ah, set aside the contract. The judge or the mujtahid must, likewise, give priority to the maqasid whenever there is such a latent discord. These discords or conflicts are most likely to occur where the specific rulings have been arrived at through the doctrine of Qiyas (Analogy). Thus, where a rigid adherence to Qiyas may lead to unsatisfactory results, recourse may be had to Istihsan (Juristic Preference) in order to obtain an alternative ruling that is in greater harmony with the objectives of the Shari’ah. An important feature of the ‘Maqasidi’ (objectives-based) approach in relation to ijtihad and the formulation of specific rules is the attention that the mujtahid must pay to the consequences of his rulings. Indeed, an ijtihad or fatwa would be deficient if it failed to contemplate its own ma’alat (consequences). The importance of such contemplation is demonstrated by the Prophet’s Sunnah. Therein, we note instances where the Prophet paid much attention to the possible consequences of his rulings, often in preference to other considerations. Thus, for example, although acutely aware of the treason and subversive activities of the Munafiqun (the Hypocrites), without and within the Muslim community, we find that he decided not to pursue them, stating simply that â€Å"I fear people might say that Muhammad kills his own Companions†. Similarly, although he personally would have liked very much to accept and execute ‘A’ishah Siddiqah’s suggestion to restore the Ka’bah to its original proportions, as founded by the patriarch Prophet, Ibrahim, again, we find that he decided not to, saying â€Å"I would have done so if I didn’t fear that this may induce our people into disbelief†. In both these instances, therefore, the Prophet did not take what would have been thought to be the normal course because of a foresight of the potential adverse consequences. Finally, we must turn to ijtihad in the context of crimes and penalties. Of course, the normal procedure here is to apply the punishment whenever the cause and occasion for it is present. There may, however, be instances where to pardon the offender would be a more preferable course to take. The mujtahid and the judge must remain open and alert to such possibilities and reflect them in their judgements whenever so required. Al-Shatibi has in this connection drawn a subtle distinction between the normal ’illah that invokes a particular ruling in a given case and what he terms as ‘illah tahqiq manat al-khas (the verification of the particular) in the issuance of ijtihad and judgement. The mujtahid (scholar) may investigate the normal ‘illah and identify it in the case, for example, of a poor person who qualifies to be a recipient of zakah, but such an enquiry may take a different course when it is related to a particular individual as to what might seem appropriate or inappropriate to be applied in a particular case. The mujtahid needs therefore to be learned not only of the law and specific evidence but must also have acumen and insight to render judgements that are enlightened by both the overall consequences as well as the special circumstances of each case. CLASSIFICATION OF MAQASID AL SHARI’AH Although there are different classifications of maqasid al-Shari‘ah , Muslim cholarsgenerally classified them into three main categories: daruriyyat (essentials), hajiyyat (needs)and tahsiniyyat (embellishments). The essentials ( daruriyyat ) are particulars that are required and considered as vital for the founding of wellbeing in this world and the Hereafter. If society in some way neglects them, the outcome will be anarchy together with disorder of the functionality of the society which will result in total collapse. The essential masalih (plural of maslahah) or daruriyyat are further divided into five: (i) Preservation of faith/religion (Din); (ii) Preservation of the life(afs); (iii) Preservation of lineage/descendents/procreation (asl ); (iv) Preservation of property ( Mal ); and (v) Preservation of intellect/reason (‘Aql ). The embracement of the mentioned values is obligatory to ensure normal functioning of society and welfare of individuals. It is an obligation of society and people to implement all necessary measures to prevent or eliminate all the barriers that will hinder the realization of these values. The Shari’ah constantly seeks to embrace and endorse these values and enhance procedures for their continuation and progression. Furthermore, Islam as religion is greatly concerned with eradication of poverty and hardship of individuals and community, which is in consistency with the aims of Shari’ah. This is to ensure that people have prosperous life and that there will be no disruption to their normal life. The needs (hajiyyat ) serve as complementary to the essentials. Without the needs, people will face hardship. However, non-existence of the needs will not create complete disruption of the normal order of life as is the case with the essentials. Ibn Ashur defined the meaning of complementary necessities in the following manner: â€Å"It consists of what is needed by the community for the achievement of its interest and the proper functioning of its affairs. If it is neglected, the social order will not actually collapse but will not function well. Likewise, it is not on the level of what is indispensable (daruri ). The embellishments ( tahsiniyyat ) relate to matters which bestow enhancement in the societyand guide to improved life. The admirable illustrations are Shari’ah ’s guidelines as clean body and attire for purpose of prayer, offering charity and avoiding lavishness and recommendation of supererogatory prayers (‘ibadat ). The rationale of all these are the accomplishment of integrity and perfection in entire fields of a person’s behavior. However, without these values the society will still be able to function and normal life process will not be interrupted. The illustrations of these matters are: voluntary ( sadaqah),and ethical and moral rules, and others. MAQASID AL-SHARI’AH AND ISLAMIC FINANCE The significance of the Maqasid al-Shari’ah in Islamic finance originates from the perspective of the wealth in Islamic law. This significance relates also to the objectives of the Islamic law in finance and business transactions and to the overall goals of Shari’ah in wealth. The protection and preservation of the wealth is categorized in the sphere of necessary matters (daruriyyat). In previous section it has been elaborated that essentials necessities are those which, without their preservation, there would be disorder and anarchy in society. The abolishment of preservation for these matters would have for result loss of everything that we embrace as valued (Ibn Ashur, 2006). This characterization and classification of Maqasid al-Shari’ah demonstrates the most important position of the wealth and the substance of the finance in Islamic law. Therefore, it must be highlighted here that the finance is recognized by Maqasid al-Shari’ah as valuable aspect of life. Furthermore, the finance is preserved by Islamic law in form of Islamic lawful decisions and guidelines. It is essentially important to stress on the realization of Maqasid al-Shari’ah in the current Islamic finance transactions because of the several important reasons. First, there is a strong relationship between the objectives of Maqasid al-Shari’ah and the objectives of business transactions, as can be observed from the position of the wealth within Islamic law and Maqasid al-Shari’ah that requests the preservation of wealth in everyday business activities and the promotion of socially responsible activities. As a result, if objectives of Maqasid al-Shari’ah in business transactions are neglected, it may result in poverty and anarchy. Second, the business transactions in domestic and international trade should be based on the principles of Islamic law, and the fundamental objectives of Maqasid al-Shari’ah in finance and business shall be applied as core guidelines to implement all types of financial transactions. Third, the particular objectives of Maqasid al-Shari’ah in business transactions must have perpetuity and constant outlook of the universal objectives of Maqasid al-Shari’ah . Last but not the least, the regulations of business transactions should be within the rules and the requirements of Maqasid al-Shari’ah and Islamic law. In other words, Maqasid al-Shari’ah must administer and regulate the Shari’ah principle of the Islamic finance. CONCLUSION The purpose of every civilization is to promote peace, prosperity, and freedom for its own members and for all others through compassionate justice. The challenge for all of us therefore is how to do this. Hence, The One (Allah) Who creates knows, surely the One Who knows will speak. Since He will speak, surely He will speak to those who possess consciousness and thought, and those who will understand His speech. Since He will speak to those who possess thought, surely he will speak to mankind, whose nature and awareness are the most comprehensive of all conscious beings and indeed He has done by revealing the Quran. As much as we understand Maqasid al-Shari’ah which are undoubtedly rooted in the textual injunctions of the Qur’an and Sunnah, we will achieve the goal and purpose that is advocated and upheld. 1. MAQASID AL-SHARI’AH IN ISLAMIC FINANCE: AN OVERVIEW, by mirza vejzagic 2. AL-MAQASID AL-SHARI’AH THE OBJECTIVES OF ISLAMIC LAW, Mohammed Hashim Kamali 3. Maqasid al Shari’ah: Strategy to Rehabilitate Religion in America by Dr. Robert D. Crane 4. The Collection of Risale-i Nur, The Letters by Said Nursi

Trade in Endangered Species Research Paper Example | Topics and Well Written Essays - 2250 words

Trade in Endangered Species - Research Paper Example This essay stresses that the ban should be further maintained. Other possible measures which can be taken to reverse this trend include bigger finesand more harsh punishment, stricter regulations and laws, implementation of certain educating programs to inform the consumers about the brutal and uncivilized acts of violencemade for trading purposes towards the endangered species. This paper makes a conclusion that the illegal trade in endangered species is one of the crucial environmental issues of the contemporary world. Despite the numerous bans on such trades, rare animals are still brutally slaughtered in many countries. The number of species which are threatened with a total extinction is increasing at an alarming rate. Although the effectiveness of the bans is highly debatable nowadays, and there are a lot of people who are eager to eliminate them, it is a fallacy to suppose that legalizing trade will prevent animals from extinction. Only joint efforts of the international environmental communities can change this situation for the better. The bans on trade in endangered species should be constantly maintained, as they provide significant contribution to the conservation of the wildlife. Moreover, other necessary measures should be imposed by the international environmental organizations and governments of the countries which provide home to the mention ed animals in order to ensure that the introduced bans on trade are carried out efficiently and endangered species are protected from the threat of being killed by poaches.

After the tan lines have aded Essay Example | Topics and Well Written Essays - 1750 words

After the tan lines have aded - Essay Example Cancer is probably the most alarming illness that can claim thousands of lives in just a year. While some may be cured with the use of the latest technologies, others are just too severe that several treatments are not an assurance that a person will be able to live a normal life after undergoing a number of therapies and medicine intakes. So, should indoor tanning be banned for minorsThere are several factors which contribute to having a skin cancer and perhaps the most common and well known cause of it is too much exposure in the sun. It is not new to almost everyone that the sun's ray is at its strongest from 10:00 AM until 4:00 PM so it is advisable that if one is going to go outside between the said periods of time, it is recommended to apply sunscreen, wear a hat or even sun glasses to protect the eyes. Nevertheless, in a recent survey conducted by American Academy of Dermatology, over 10,000 young people ages 12-18 from all 50 states, found that the use of sunscreen on sunny d ays was practiced by only 34.4 percent. The said survey also discovered that natural sunlight wasn't the only significant source of UV exposure for teens nowadays. Approximately 10 percent of teens had used tanning beds. (http://medi-smart.com)Tanning is "IN", or so what these teens thought. And who does not want a sun-kissed look everyday The look of summer never fails to leave a sexy impression on almost everyone that girls of any age would do almost anything just to get that "just got from the beach" look. Almost any thing that they are even willing to take their lives is at risk. With indoor tanning, those who wish to achieve a bronze look don't need to wait for summer to come or pray for a good weather for sun bathing. Because anytime of the day, regardless of the climate and weather, one can obtain a perfect tan she has always wanted by just merely going to a tanning salon. However, although indoor tanning is a booming business in the United States, generating estimated revenues in excess of $5 billion a year, several skin specialists, including WHO (World Health Organization) says tanning beds could be responsible for an epidemic of skin cancer in the future because teens love to tan. (http://www.poynter.org) In Canada, the National Cancer Institute estimated that doctors will detect more than 80,000 skin cancer cases, and up to 5,000 of those will be melanoma. (http://www.cyc-net.org) Malignant melanoma is a less common, but a potentially deadly, type of skin cancer. Melanoma has been linked to intense intermittent and long-term exposure to ultraviolet radiation during childhood or the teenage years, (http://www.crd.bc.ca) and an awful truth is that public health officials in Ontario, Canada learned that tanning salons were even catering to children as young as eight. (http://www.skincancer.org) In light with this, this study will find out if indoor tanning is one of the main causes of skin cancer of minors and if there are other side effects of this. Also, this study will give rise to a supposition if it is recommended to be used by people who are below 18 years of age. This will also discuss further the current Bylaw Regulating Tanning Facilities and if this law is enough to defend the teenagers out there on the possible hazards of indoor tanning. Basking under the sun has been one of the favorite past times of the people especially during summer. Strolling along the beach in a stunning bikini and a perfect tan line to boot never fails to get a second glance from anyone. Nowadays, being tan is already becoming a fashion statement that almost everyone is dying to achieve the sexy tan lines they get from

Current Status of Online-Photo Sharing Essay Example | Topics and Well Written Essays - 750 words

Current Status of Online-Photo Sharing - Essay Example This has brought a new dimension in online-photo sharing. It has become easier for people to take photos using the high-pixel camera on their smart-phones. Furthermore, users can share photos with friends and family by posting them on Facebook at their convenience. Moreover, some online-photo sharing platforms like Instagram, offer Facebook and Google as an additional application. This is meant to make photo sharing more convenient. This review of the current status of online-photo sharing will include a discussion of the most popular methods of photo sharing nowadays. An online-photo Sharing site facilitates its users to post and share visual images with their friends and families through an online server. It also acts as their digital photos storage place (Photo Sharing Sites 2009). These sites have customized features which either allows public or private sharing of photos with friends or user groups. These customizations are meant to satisfy user’s diverse demands and preferences. Flickr (www.flickr.com) and Photobucket (www.photobucket.com) are the most famous online-photo sharing sites. These photo sharing sites have also developed advanced features like â€Å"photoblog,† where users upload photos to share their daily life experiences with other users. This is usually done by tagging and adding descriptions to the uploaded photos. Users can add any information on their photographs, such as camera model, location where the picture was taken and share ideas inside the photo. The search engine application installed on these sites enables pictures to be easily accessed by their title, dates, or any other distinguishing characteristic. It also enhances interaction and sharing on the online-photo sharing site. Social networking site provides users with a platform whereby they create profiles and communicate with friends and families via the Internet. People share photos and experiences with other users freely. In

Discuss the role of the Foot Posture Index in the clinical assessment Essay

Discuss the role of the Foot Posture Index in the clinical assessment of the foot. Is this a reliable measure - Essay Example ric dimensions to predict certain concepts about the foot, and this can be enhanced by using a three dimensional model and approach to the foot (Choie, 1991). Advancements in technology and computers have allowed many to consider replacing the expert last marker with some type of computer design. Some individuals have created presentations of the foot in third-dimensional designs using Bezier curves (Lord, M., Foulston, J., & Smith, P. J., 1991). These types of models can help individuals in the grazing and sizing areas. Yavatkar (1993) created a model of a person’s foot using I-DEAS graphics and programming. He was able to create this third dimensional model of the foot by lofting four segments (forefoot to instep, instep to medial-lateral malleolus level, malleolus to lateral point of heel, and heel part) within the foot. One could determine the accuracy of this model by taking a look at the outside and indsie of the foot form. The volume outside was around 50 000 [mm.sup.3], whereas the amount within the foot was approximately 27 000 [mm.sup.3]. However, whether one can use this model to generalize is not efficiently known overa ll since he only used one foot for the model (DeBor, 1978). It is known, however, that aspects of computer-aided design have been used in order to make orthopedic shoe uppers as well as some custom footwear (Houle, Beaulie, and Liu, 1998). In order to make the approach to foot measuring more efficient, B-spline surface modeling techniques, regression and recursive methods to make a basic third dimensional foot model using basic anthropometric measures can be used. B-splines can be studied in order to create an example for using within the sphere of computer-aided design software. (Choi, 1991). Within this concept. B-splines are generally considered as the best curve or surface representation. This is usually because they have a very helpful set of properties, which include continuity, local shape controllability, spatial

Why should national parliaments have a role in the EU framework What Essay

Why should national parliaments have a role in the EU framework What role should national parliaments play in a) shaping, and b) scrutinising, EU decision making - Essay Example In the commission, each commissioner’s cabinet includes a member responsible for relations with the parliament, and the regular meetings of this group of advisers has become an important feature of policy co-ordination within the commission; in addition, one commissioner has designated responsibility for relations within the European Parliament1. While relations between the EU institutions have become increasingly interdependent, there has also been growing need for co-operation between the national and EU level for the purposes of development and significance in implementation of EU policies. Since, in the course of establishment of the single market, much of the European economy has been re-regulated at the European level, greater responsibility has fallen on the Member states’ administrations to implement European legislations. This has had a dynamic effect on both the national and the European level; within member states, national (and often regional and local) authorities have had to familiarize themselves with the European Union regulations that they have to implement. Hence each of the national parliaments has to be involved in the consultation aspects when it comes to the formulation and scrutiny of these regulations. On the European level, the decision making institutions, and the commission in particular had to design regulations for centralized application, anticipating and overcoming difficulties in ensuring uniform implementation and compliance. The result from these ripple effects of developments in the 1980s and 1990s has been the need for effective and continuous communication between the policy makers and the scientific experts from the member states, commission and council officials and members of the European and national parliaments. The absence of any institution or set of interests having hierarchical control over the decision making process is one of the reasons why committees have become such an institution or

Do cultural differences influence HRM practices Essay

Do cultural differences influence HRM practices - Essay Example The same extends to the human resource management practices as they were presumed free from external factors and constraints. Earlier research had revolved around one geographical area leaving many gaps in case an organisation went globally. This brought the need for extensive research, which indeed proved that cultural difference influenced human resource practices (Moran, Harris and Moran, 2011). Adapting an organisation’s customary ways of operation is crucial when setting up new institutions in different environments, as it enables the transfer of efficiency and rules into another geographical position. It is also vital to observe the cultural practices carried out in the new place of establishment. With the world increasingly moving towards being a global village, expansion of businesses across borders has been prioritised to ensure maximum profits. They have also realised that the human resource management practices have to be adapted in the cultural settings suitable to the relevant socio-cultural environments rather than imposing their own (Muratbekova-Touron, 2008). What are these cultural practices and how do they influence human resource management practices? Cultural practices are notions, values and premises in a society, established through conditioning throughout people’s lives and help to mark them out from others in a different society (Milikic, 2009). These notions and beliefs play a key role in an individual’s life; therefore, an organisation should be keen on ensuring that they are not overstepped. With the introduction of new members in a group, a culture may undergo some alterations, but some invisible and unconscious components that lie within may not change. Cultural practices differ from one society to another as human resource management practices differ from one organisation to the other (Muratbekova-Touron, 2008). Human resource management practices are described as the activities and decisions, which relate to t he act of managing employees at all tiers in the business enterprise. They are also concerned with the elaborate execution of strategies and schemes aimed towards achieving and maintaining a competitive advantage (Stone and Romero, 2008). As a result, it is essential for organisations to formulate a culture that promotes of appropriate work practices. A few of the human resource management practices include, remuneration systems, recruitment exercises, staff-appraisal systems, and work flexibility arrangements among others (Milikic, 2009). Employees perceive human resource management practices differently due to the separate cultural values and identities. Some employees react differently towards certain practices and the degree to which they commit to their jobs and the organisation relies on the familiarity with the ongoing activities. The training and recruitment of people with diverse cultural interests, backgrounds and nationalities, would be a difficult task especially when lo oking into their cultural differences. However, studies have led to discovery of theories that enable easier analysis (Stone and Romero, 2008). Managers are likely to encounter cultural differences that might hinder effective management frequently, especially in this multicultural worldwide business environment. Studies indicate that successful comparisons between different cultures can be made by testing Hofstede’

Linguistics worksheet Lab Report Example | Topics and Well Written Essays - 500 words

Linguistics worksheet - Lab Report Example Being brown eyed can be considered as a reason for believing in UFOs only if non brown eyed people are interviewed and none of them are found to believe in UFOs. b) This again does not prove the theory. It will just show that non brown-eyed people do not believe in UFOs. This does not define the reason of their disbelief nor does it show any connection between believing in UFOs and having brown eyes. a) We can take 10 people; 5 of whom drink coffee while studying and 5 who do not. An assignment will be given to all of them where they have to memorize words, facts or small poems over a period say 3 days. After three days, everyone is given an assignment which should contain few question to quote the learned things and few would be questions which to be answered, need the information they learnt in past 3 days. f) No, because individual memorizing capacity is inherent and can only sometimes depend on genetic conditions. Also, work environment does not change for people who take caffeine and who do not. It affects everyone similarly.

Worldview Assignment Essay Example for Free

Worldview Assignment Essay The idea of God being actively involved in His creation is a core, fundamental belief or doctrine found in Christianity. In fact I’d venture to say that it is one of the first things a person must realize and recognize about God in order to better understand the other aspects of Him and also our role in the world. In the very first verse of the Bible, (Genesis 1:1) we read that God created the heavens and the Earth. Over the course of the next five days, he created everything else including humans, animals, basically- everything. However, He did not stop there, he didn’t just â€Å"wind up the clock and let it tick† so to speak, but rather he is still actively involved in his creation everywhere from a universal perspective all the way down do an individual basis. One thing we must keep in mind though is that we will never be fully able to understand God. Erikson says in his book, Christian Doctrine â€Å"God can never be captured in human concepts.† Later he states, â€Å"There will always be a difference gap between God and human beings.† We will never be able to completely understand Him, but he reveals enough of himself to us for us to be able to comprehend some of His most important characteristics. Another aspect that is very important to consider, is that God enjoys his creation. We find in Genesis 1:31 â€Å"God saw all that he had made, and it was very good.† What does that mean to us as his creation? It means that He cares for us and is invested in us. Not invested in way that means he is reliant on us, however he wants best for us. God created Humans in â€Å"His image† according to Genesis. This means that we are special to Him, and even more- He wants to have a relationship with us. This further means that he created us with the intention of staying involved. In Isaiah 43:7 it says â€Å"Everyone who is called by My name, and whom I have created for My glory, whom I have formed, even whom I have made. The first half of that verse is particularly relevant in the context of discussing why we are here and what God expects from us. In Ephesians 2:10 it says, â€Å"for good works, which God prepared ahead of time, so that we should walk in them† What this tells us is that God has actively been active  and involved in His creation- eve n before He created it. So what does all this mean for the modern Christian? First and foremost it means that we have a reason for being here, secondly it means that we are serving an active God, who is currently involved in our lives. As M.J. Erikson says in his book Christian Doctrine p87 â€Å"†¦God is present and active within his creation and within the human race, even those members it that do not believe in or disobey him. His influence is everywhere.† This means that, as Christians, we are to treat everyone as Gods creation; not just other believers. For example, I am currently in the military and would like to pursue a career in intelligence/government after I graduate from Liberty. So how does the fact that God is currently involved in my life affect me on my career? It means that I need to maintain my integrity at all times, and with everyone I come in contact with. While still attempting to be as competitive as possible in this field, I must also keep in mind that God has a specific plan for me, ((Jeremiah 29:11. 12) â€Å"For I know the plans I have for you†¦you will call to Me and come and pray to Me, and I will listen to you.†) and that anybody that I would be potentially figh ting against for a certain position or privilege is also part of God’s creation. Which means they deserve respect and honesty from me. Just like Erikson says in his book, â€Å"By virtue of our origin, we have kinship with the rest of God’s creation, and in particular with the entire human race.† One of the most obvious scenarios I can see myself in where respect for another human is required regardless of whether I think they deserve it or not; is if somebody with authority over me in the Army tells me to do something. Something which I know is a waste of time or pointless, but I must do it anyways because they are in authority over me. My main motivation for doing so is because I know that God placed him in authority over me, and secondarily because I will face punishment (from him, not God) if I don’t! In conclusion, we have to realize that when God created everything, he didn’t just kick back and is now just watching us do our thing for his entertainment. He is actively involved if our world and our lives. To deny so, would be to deny one of the basest principles found in the Bible. He cares about every one of us, a quote from Erikson’s book which reads â€Å"God personally cares for those who are His.† Let us try to live lives which reflect that love that we receive from him in every way possible. Bibliography Erickson, Millard. Introducing Christian Doctrine, 2nd ed. Grand Rapids: Baker, 2001.

Asian Art Essay Example for Free

Asian Art Essay Folk arts in Azerbaijan have a long and interesting history. Works of art made from metal extracted from Nakhichevan, Migachevir, Gadanay, Gandja and other places are approximately 5000 years old. Crockery, weapons and adornments found here are not historical facts alone, but valuable sources which testify the skills of the master. Different pictures, scraped on housing implements made from copper, bronze, gold and adornments, prove existence of fine art in Azerbaijan since ancient times. Carpets were made by several separate carpet-making schools of Azerbaijan (Guba, Baku, Shirvan, Gandja, Gazakh, Nagorny Karabakh, Tabriz) in different periods. Bhutanese art Bhutanese art is similar to the art of Tibet. Both are based upon Vajrayana Buddhism, with its pantheon of divine beings. The major orders of Buddhism in Bhutan are Drukpa Kagyu and Nyingma. The former is a branch of the Kagyu School and is known for paintings documenting the lineage of Buddhist masters and the 70 Je Khenpo (leaders of the Bhutanese monastic establishment). The Nyingma order is known for images of Padmasambhava, who is credited with introducing Buddhism into Bhutan in the 7th century. According to legend, Padmasambhava hid sacred treasures for future Buddhist masters, especially Pema Lingpa, to find. The treasure finders (terton) are also frequent subjects of Nyingma art. Each divine being is assigned special shapes, colors, and/or identifying objects, such as lotus, conch-shell, thunderbolt, and begging bowl. All sacred images are made to exact specifications that have remained remarkably unchanged for centuries. Bhutanese art is particularly rich in bronzes of different kinds that are collectively known by the name Kham-so (made in Kham) even though they are made in Bhutan, because the technique of making them was originally imported from the eastern province of Tibet called Kham. Wall paintings and sculptures, in these regions, are formulated on the principal ageless ideals of Buddhist art forms. Even though their emphasis on detail is derived from Tibetan models, their origins can be discerned easily, despite the profusely embroidered garments and glittering ornaments with which these figures are lavishly covered. In the grotesque world of demons, the artists apparently had a greater freedom of action than when modeling images of divine beings. Buddhist art Buddhist art originated on the Indian subcontinent following the historical life of Siddhartha Gautama, 6th to 5th century BC, and thereafter evolved by contact with other cultures as it spread throughout Asia and the world. Buddhist art followed believers as the dharma spread, adapted, and evolved in each new host country. It developed to the north through Central Asia and into Eastern Asia to form the Northern branch of Buddhist art, and to the east as far as Southeast Asia to form the Southern branch of Buddhist art. In India, Buddhist art flourished and even influenced the development of Hindu art, until Buddhism nearly disappeared in India around the 10th century due in part to the vigorous expansion of Islam alongside Hinduism. Burmese contemporary art Burma (Myanmar) is a country in Southeast Asia which has endured isolation for the last four decades. It is also a country with deep rooted Buddhist beliefs. The contemporary art scene in the country reflects these facts, and the art is often related to Buddhism and the difficult socio-political situation. In this age of globalization, Burmese contemporary art has developed rather on its own terms. Chinese Art Chinese art has varied throughout its ancient history, divided into periods by the ruling dynasties of China and changing technology. Great philosophers, teachers, religious figures and even political leaders have influenced different forms of art. Chinese art encompasses fine arts, folk arts and performance arts. Eastern Art Eastern art history is devoted to the arts of the Far East and includes a vast range of influences from various cultures and religions. The emphasis is on art history amongst many diverse cultures in Asia. Developments in Eastern art historically parallel those in Western art, in general a few centuries earlier. African art, Islamic art, Indian art, Chinese art, and Japanese art each had significant influence on Western art, and, vice-versa. Indian art Indian Art is the art produced on the Indian subcontinent from about the 3rd millennium BC to modern times. To viewers schooled in the Western tradition, Indian art may seem overly ornate and sensuous; appreciation of its refinement comes only gradually, as a rule. Voluptuous feeling is given unusually free expression in Indian culture. A strong sense of design is also characteristic of Indian art and can be observed in its modern as well as in its traditional forms. Persian art The Iranian cultural region consisting of the modern nations of Iran, Afghanistan, Tajikistan, Azerbaijan, Uzbekistan, and surrounding regions is home to one of the richest art heritages in world history and encompasses many disciplines including architecture, painting, weaving, pottery, calligraphy, metalworking and stone masonry.