Coca Cola in India Case Study Example | Topics and Well Written Essays - 500 words

Coca Cola in India - Case Study Example There were also allegations of racial discrimination where African Americans were looked down upon even in decision making. A lawsuit that ensued created a bad reputation for the organisation. In the spirit of fairness and equality at workplace, it is morally bad to discriminate another employee on the basis of race. Children in Belgium became ill after drinking Coke that was bottled at a local place in Antwerp. More cases were reported and this led to the recalling of about 17 million cases of coke. Coca cola’s Kinley water had pesticide residue which was 15 % above the expected level by the European Economic Commission (EEC). Though lower than other beverages, Coca cola decided to remain silent about the issue which is unethical in business practice. Threatening the Center for Science and Environment (CSE) by Coca cola is suspicious in it operations. This is even followed by newspaper adverts warning the customers to review the results of the tests to be conducted. 2. The single most important ethical issue obtained from the facts raised in Coca cola’s case study is marketing of products that are not suitable to be consumed by human beings. Indeed, the tastes conducted showed that Coca cola’s products contain above the average levels of pesticides which are harmful to human health if consumed. The organisation takes advantage of the less stringent regulations of the cool drinks industry and continues to operate like that which is unethical especially when a big multinational company like Coca cola is involved in such kind of practice. Remaining silent after discovering that the products contain some pesticides is tantamount to unethical behaviour in business. 3. The three alternative resolutions to the ethical issues raised in the case study involve recalling the affected batches of the products from the market so as to ensure safety

Ulysses S Grant one of the Greatest Battlefield Leaders Essay Example for Free

Ulysses S Grant one of the Greatest Battlefield Leaders Essay Ulysses S Grant, the Eighteenth President of the United States of America, and often credited as the man who was single handedly responsible for ending the Civil War served his country during the years from 1869 to 1877. He was born the son of a poor tanner from Ohio, in the year 1822. He was a rather average student, and apparently, he went to West Point against his will, where he managed to graduate at the middle of his class. After graduation, the young Ulysses Grant started to work at his father’s leather store in the state of Illinois, and this is where he was working still when the Civil War in which he was to play a major role in his future broke out. It is said that it was this work in his father’s tannery that Ulysses Grant developed a great proficiency and ability in handling equestrians, a trait that was to help him in his later endeavors and battles. It was in the years immediately after his graduation that Grant served in the Mexican War. The young soldier would win two brevets for his meritorious conduct during the War, but all the same, he absolutely detested the war, and wanted no part of it at the time. In 1848, Grant married Julia Dent, the daughter of a rich plantation owner, and immediately afterwards, he was sent on garrison duty to the Central Northeast of the United States of America, where he served until 1854 when he chose to retire under a cloud of rumors about his drinking habits. The young man was thereafter appointed by the then Governor to act as the Commander to a disorderly and unruly volunteer regiment, also known as ‘Governor Gate’s Hellions’. Experts say that it was Ulysses Grant’s expertise and command and presence that managed to bring this regiment of volunteers into some sort of shape, so that at the end of 1861, the brigade was much better organized, and Ulysses rose to the rank of Brigadier General of Volunteers. (Ulysses S Grant n. d) The young tanner Ulysses Grant soon rose to the rank of General, and he was one of the people of the world who was considered to be a ‘true world leader,’ viewed by the people of the world at the time as the ‘Hero of Freedom’ or even as the â€Å"King of America. † In the words of Lord Provost in 1877 when he was addressing a crowd of fifty thousand people or more, â€Å"Grant had proved himself the Wellington of America†¦the great and good Lincoln struck down the poisonous tree of slavery; but Grant tore it up by the roots†¦Ã¢â‚¬  (Grant the World Leader n. d) In the year 1861, Ulysses Grant a completely unprepared attack on Missouri as the Brigadier of his regiment, and he was forced to retreat with severe losses. Not allowing this to deter him in any way, the brave and resolute man engaged the help of the navy and took Fort Henry and Fort Donelson. Hugely successful in these attacks, the pleased Governor accorded him the title of Major General. (About Grant n. d) When Abraham Lincoln was transferred to Washington, there was in fact no single General who would be able to control the West. This was the time when Grant and John McClernand began their struggle for control, and McClernand obtained permission to launch an attack on Vicksburg in Mississippi, even though it appeared that Vicksburg was an unlikely target for the Union attack. The Confederates had however already fortified their position on a bluff over the Mississippi river, and this fact made it almost impossible for the Union forces in New Orleans to join forces with Grant’s army in the state of Tennessee. In 1862, Grant became aware of the plan that McClernand had created, and that he was now planning to make his move. As a result, he appointed William T Sherman in charge of a second prong of attack on Vicksburg, hoping that Sherman would be able to beat McClernand at his own game. Sherman failed however, and the armies set up camp near the Louisiana borders, and Abraham Lincoln sent spies to find out whether or not Ulysses Grant was in reality worthy of command. Interestingly enough, this spy soon became one of Grant’s staunchest supporters and loyal fans, impressed as he was by the man’s integrity and uprightness, complimented by his total lack of interest in the politics of his time, and a desire to get involved in them. This was the time when Ulysses Grant made up his mind that he would try to take Vicksburg from the North, and he soon set about digging trenches and started the effort of moving his troops up from the city. He organized a troop of Navy gunboats to run past the blockade that had been set up at Vicksburg, so that they could help him in his efforts. Now, both Sherman and McClernand were under Grant’s steady control and able leadership, and they led their troops to a strong rout of Confederate troops and managed to isolate them. However, this effort proved to be a disaster, because Grant lost almost 3,200 men. Nevertheless, this gave Grant an opportunity to develop a brand new strategy, a strategy that had ever been attempted before, cushioned by the fact that Grant was aware that he had many more men to lose than his enemy had. This prompted him to launch attack after brutal attack on Vicksburg, until he finally agreed to settle for a siege. It was in July 1863 that John Bowen, an old West Point friend of Grant’s, arrived at the camp so that he could begin the process of negotiations for surrender of the city. Ulysses Grant was stubborn that he would only entertain a complete and an ‘unconditional surrender’ and it was the next day when the Battle of Gettysburg ended that Vicksburg capitulated and surrendered. Grant became a hero. (Ulysses S Grant n. d) One must bring to mind certain important points, facts that would show Ulysses Grant as a man full of character and also as a man with flaws, flaws that he made concerted efforts to overcome, only to move on to become one of the most respected men of all time in America, and to become known as one of the ‘Greatest Battlefield Heroes’ of the world. Vicksburg in Mississippi was an extremely well protected fortress for the Confederate Army during the Civil War. In 1863 Ulysses Grant as the Union General attacked Vicksburg with the primary intention of eventually taking over the entire city. Although he was prevented from doing so, Grant had made up his mind to launch the attack, and this he did, and he settled himself down to a six week siege, displaying to all his tremendous patience and intelligence in waiting for what he thought he would eventually obtain. Grant cut off all supply lines to the city, and fired upon Vicksburg constantly. At this point, several of the city’s residents moved out of the city to escape the firing taking place, and into caves in the nearby hills. Ulysses Grant also moved too close for comfort at times, so close that, as historians state, at several points in time, both Union and confederate soldiers were so close that they could shout across at each other and be heard clearly. By the time it was the month of June, Grant had brought in eighty thousand Union troops for the capture of Vicksburg. On the forty fourth day after Grant had launched his attack on Vicksburg, things had gone out of control there were no supplies to the town, and the city newspaper ‘Daily Citizen’ was forced to print its news on wallpapers. It was reported that the General Ulysses S Grant probably wished to celebrate the Fourth of July â€Å"dining in Vicksburg†. On July 4th, in reality, Pemberton surrendered to the Union General, and Grant’s men added a paragraph to the newspaper article that Grant had indeed managed to dine in Vicksburg on July Fourth! (General Ulysses S Grant attempted to take Vicksburg n. d) Grant’s military leadership during the Vicksburg assault is one of the most talked about events in American history. One of the reasons may be that Vicksburg was a city of tremendous importance, strategically, to the Union. The final campaign in Vicksburg under the able leadership of Ulysses S Grant is also one of the most remembered events in American history. This was the campaign in which Grant marched some forty five thousand of his men across Milliken’s Bend in Louisiana in March 1863. Grant had divided his troops into three main corps under the leaderships of Sherman, McPherson and McClernand and marched them across to Hard Times Landing in Louisiana. From this point forward, the troops were ferried across the river to Bruinsburg by boats, no small feat at the time. The first battle was therefore fought at Fort Gibson, a battle that ended in an easy victory for Grant and his men. In the aftermath of this victory, Grant became supremely confident, and also became victorious in campaign after campaign. However, despite all his victories and his by now good reputation, own after plenty of hard work and effort, Ulysses Grant was gradually becoming known as a ‘drinker’. It was this drinking habit that caused him to lose, rather quickly, the hard won respect of his fellow men and his fellow campaigners at battle. It was in all probability this same drinking habit that may have caused Grant to choose inept leaders for his constituency in later years when he was to become the President of the United States of America. Ulysses Grant was also to prove to be absolutely inept at statecraft. This led him to choose and appoint four judges to the Supreme Court in a completely inefficient manner; in the words of biographer McFeely, â€Å"He chose them with about the same discernment that went into his selection of consuls and postmasters. † (Kammler, Dan n. d) Abraham Lincoln himself acknowledged personally the spirit of courage and bravery and fortitude that Ulysses Grant had displayed during the Vicksburg campaign, and as a token of his gratitude and indebtedness to the soldier, he appointed him the ‘Commander of all the US Armies’ with the rank of Lieutenant General. One must remember that this was perhaps the very first time in history that a soldier after George Washington had held a rank of such great importance. After this appointment as Commander, Ulysses Grant worked tirelessly to occupy Robert Lee’s rebel army situated towards the East, while the Union troops worked in the South, destroying homes, farms and factories. This was one of grant’s cleverer campaigns, and it worked; Lee surrendered in 1865, bringing to a final end the four bloodiest years of the ongoing Civil War. Grant was of course commended for being a Hero of the Civil War, for it was his plan that brought in the much sought after victory. (Ulysses S Grant 2007) Ulysses Grant went on to accept the Republican nomination and to being appointed as the President of the United States of America, even though he despised politics, and wanted no part of it. The brave hero worked hard at trying to bring the North and the South together, and contributed his might to solving the several problems if the American government at the time. However, Grant was never acknowledged as an able political leader, and becoming better known for his financial scandals, he retired and started to write his own wartime memoirs for a price to support his family. He died in July 1885, and he was honored with a solemn and large funeral procession in New York, with several hundreds of people personally acknowledging him for the great and brave soldier and military leader he had been during his lifetime. References Ulysses S Grant (n. d) The White House Retrieved December 9 2008, http://www. whitehouse. gov/history/presidents/ug18. html Grant the World Leader (n. d) Ulysses S Grant Homepage Retrieved December 9 2008, http://www. granthomepage. com/grantleader. htm About Grant (n. d) Ulysses S Grant Thinkquest Retrieved December 9 2008, http://library. thinkquest. org/3055/netscape/people/grant. html Ulysses S Grant The Vicksburg Campaign (n. d) Retrieved December 9 2008, http://www. sparknotes. com/biography/grant/section7. rhtml General Ulysses S Grant attempted to take Vicksburg (n. d) America’s Story Retrieved December 9 2008, http://www. americaslibrary. gov/cgi-bin/page. cgi/jb/civil/vicksburg_1 Kammler, Dan (n. d) Ulysses S Grant Retrieved December 9 2008, http://www. lib. niu. edu/1993/ihy930228. html Ulysses S Grant (2007) People and events Retrieved December 9 2008, http://www. pbs. org/wgbh/amex/grant/peopleevents/p_ugrant. html

Moral Panics And Create Folk Devils

Moral Panics And Create Folk Devils There are many ways in which the media can incite moral panics and produce folk devils and one way in which this is possible is through labelling. Moral entrepreneurs, who dislike some particular behaviour such as drug takings, may use the media to put pressure on the authorities to do something. This is an important element in the process in creating moral panic. This refers to an exaggerated over-reaction by society to a perceived problem- usually fuelled or inspired by the media. The media also help to make the problem bigger and blow it out of proportion. There are many ways in which the media can stimulate this. In a moral panic, the media identify a group as a folk devil. Folk devil can be identified as a threat to societys values. The media also present the group in a negative stereotypical fashion and again exaggerate the scale of the problem. Also the respectable people of the society such as, bishops, politicians and police chiefs condemn the group and its behaviour. Usually this would lead to a crackdown on the threatening groups. In spite of this, it may result in creating a self-fulfilling prophecy that amplifies the very problem that caused the panic in the first place. This could be seen in the instance with cases of drugs. As a result police set up drugs squads and in turn find out more drugs and the crackdown identifies more deviants, which then calls for even tougher action creating a deviance amplification spiral. The most influential study was by Stanley Cohen, which was featured in his book Folk Devils and Moral Panics. He examined the role of the media and the medias response to disturbances between 2 groups of teenagers. The Mods and the Rockers were two groups of largely working class teenagers, at English seaside resorts from 1964-1966, and Cohen examined the way in which this created a moral panic. The mods were distinguished as wearing smart clothes and rode scooters and listened to pop and soul, whilst rockers wore leather jackets and rode motorbikes and listened to rock and roll. Although in the early stages, distinctions were not very clear. On the Easter weekend 1964 there were a few scuffles and broken windows and some beach huts were destroyed. Although the disorder was minimal, the media over reacted. In Cohens analysis, he uses the analogy of a disaster, where the media produce an inventory or stocktaking of what happened. This inventory contained three things. Exaggeration and distortion are one of them. This is where the media exaggerate the numbers involved and the extent of the violence and damage, and distort the picture through the dramatic reporting and sensational headlines. Second, is prediction and this were the media regularly predict and assume further conflict and violence will take place. Lastly, symbolisation, and this is where the mods and rockers symbols such as- their clothes, bikes, scooters and hairstyles- are negatively labelled and associated with deviance. Cohen goes further and argues that the medias portrayal of events produces a deviance amplification spiral by making it seem as if the problem was spreading and getting out of hand. This then led to an increased control response from the police and also courts. This then in turn produced further marginalisation and stigmatisation of the Mods and Rockers as deviants and less tolerance. The media further amplified the deviance by defining the two groups and their sub cultural styles. By emphasising their supposed differences, the media made clear the two distinct identities and transformed loose-knit grouping into two tight knit gangs. This encouraged polarisation and helped create a self- fulfilling prophecy of escalating conflict as youths acted out roles the media had assigned them. Cohen also observed that the medias definition of the situation are crucial in creating a moral panic, because in large-scale modern societies, most people have no direct experience of the events themselves and therefore have to rely on the media for information about them. In the case of the Mods and Rockers, this allowed the media to portray them as folk devil. However it could be said that the notion described by Cohen are outdated. Fashion and music have become more diverse, and young people rarely identify themselves with one particular style. Subsequently, society has become more complex, fragmented and liberal and its less clear what constitutes deviant behaviour. Thirdly, politicians are cautious when trying to create a moral panic over, for example, teenage mums, in case they are seen as old-fashioned bullies. McRobbie and Thornton argue that society and the media have moved on and new concepts and ideas. They also point out that early versions of the moral panic model saw society as one influenced by postmodernism, would take a more differentiated approach. It has been widely accepted that this is the age of moral panics. From the Bulger case to mad cow disease, newspaper headlines continually warn of some new danger and television programmes  echo the theme with sensational documentaries. Although todays media audiences are accustomed to shock stories. So it could be said that they do not react to manic to media exaggerations. Finally it has been said that the media create moral panic to preserve ruling class hegemony. This was seen in the 1970s mugging, which were sensationalised by the elite to divert the attention from the crisis of the Britain capitalism. In conclusion many of the dramatized stories illustrate many aspects of moral panic and highlight the way such issues are portrayed and orchestrated by the media. As it is the case with many moral panics become deviants such as the Mods and Rockers, and are deemed threatening to our society as a result of the medias reporting of their views and actions.

Failure of Democracy Essay -- American History

Failure of Democracy According to David Herbert Donald in the article Why They Impeached Andrew Johnson, â€Å"Rarely has democratic government so completely failed as during the Reconstruction decade.† As voiced by Lincoln in his Gettysburg Address, the nation is a â€Å"government of the people, by the people, and for the people.† However, during the period of reconstruction, the government was far from this philosophy. Public opinion was all but ignored, and all matters were decided by either President or Congress. Southern voice in government policy was essentially nonexistent, and the former states were compelled by military rule to accept northern laws. Lincoln understood that in a democratic nation, the will of the public was very important, and he strove to act in accordance with their opinions. However, with the death of Lincoln, came a temporary end to these democratic principles. Andrew Johnson’s fundamental flaw was his inability to associate with the public and make decisions that were countenanced by a majority of the population. He was overly concerned with a swift integration of the former Confederacy into the Union. He acted spontaneously and irrationally without regard for other’s beliefs. â€Å"Johnson placed his own judgment over that of the overwhelming majority of northern voters, and this was a great error morally and tactically† (Garraty 421). Another mistake of Johnson was his alienation of the Republicans, the dominant party at the time. He consistently failed to cooperate with party leaders and agree on mutual resolutions to urgent problems that necessitated action. Johnsonian Reconstruction avoided the most controversial topic at the time – black rights. Nearly all Republicans, ranging from moder... ...uction era, democracy in the United States was completely unsuccessful, and most of the reason for this failure can be attributed to Andrew Johnson. A democratic government is meant to be indirectly run by the people, thus it is essential for their views to be considered. However, Johnson completely disregarded their opinions, and strove in vain to accomplish his own objectives. By doing this he alienated potential allies and his entire plan for reconstruction was disastrous. â€Å"Andrew John’s greatest weakness was his insensitivity to public opinion. In contrast to Lincoln, who said, ‘Public opinion in this country is everything,’ Johnson made a career of battling the popular will† (Donald 4). Johnson’s lack of political sagacity, his inability to cooperate with others, and his indifference to the will of the majority ultimately led to the downfall of democracy.

Shariah Issues in Islamic Banking : Bay Al-Inah, Tawarruq and Wa’d

Abstract The rising of the Islamic banking and finance industry is a direct response to the growing awareness amongst Muslim regarding the need of alternative financial products and services that is complied with the teaching of Islam. To be specifically, the demand is based on the avoidance of the element of Riba which is widely and fundamentally practiced in the conventional banking industry. The attempt by the Islamic banking and finance industry had so far been successful and it could be witnessed by the launching of wide range of Shariah compliant financial products and transaction.However, none of us can guarantee that the Shariah compliant products approved are fault-free absolutely. Among the practices of the industry, the practice of Bay al-Inah or the practice of sale and buy-back, Tawarruq which quite commonly used in Malaysia, have been criticized strongly especially the voices from the Middle East. The other issue that will be discussed briefly in this project paper is t he applicability of Wa’d , the unilateral promise. Key terms of the research 1 Bay al-Inah 2 Tawarruq 3 Wa’d 4 Al Ijarah al Muntahiya Bittamleek 5 Statutory DeclarationObjectives of the research: Identify the issues of the Bay al-Inah , Tawarruq and Wa’d encountered by the Islamic banking industry and proposal of an alternative solution to it. Table of content GENERAL INTRODUCTION SHARIAH ISSUE ONE: Bay al-Inah †¢The Concept †¢Current Practise of the Industry †¢Legitimacy of the Bay al-Inah †¢Alternative Solution SHARIAH ISSUE TWO: Tawarruq †¢The Concept †¢Current Practise of the Industry †¢Legitimacy of the Tawarruq †¢Alternative Solution SHARIAH ISSUE THREE: Wa’d †¢The Concept †¢Legitimacy of Wa’d †¢Solution CONCLUSION REFERENCES GENERAL INTRODUCTIONThe rising of the Islamic banking and finance industry is a direct response to the growing awareness amongst Muslim regarding the need of alterna tive financial products and services that is complied with the teaching of Islam. To be specifically, the demand is based on the avoidance of the element of Riba which is widely and fundamentally practiced in the conventional banking industry. The attempt by the Islamic banking and finance industry had so far been successful and it could be witnessed by the launching of wide range of Shariah compliant financial products and transaction.However, none of us can guarantee that the Shariah compliant products approved are fault-free absolutely. Among the practices of the industry, the practice of Bay al-Inah or the practice of sale and buy-back, Tawarruq which quite commonly used in Malaysia, have been criticized strongly especially the voices from the Middle East. The other issue that will be discussed briefly in this project paper is the applicability of Wa’d , the unilateral promise. SHARIAH ISSUE ONE: Bay al-Inah THE CONCEPTLinguistically, the term â€Å"Inah† carries t he meaning of salaf, or contracting a loan. It is used in this meaning to refer to purchasing on credit. It could also be a derivative of the term â€Å"ayn†, which also means present assets, that is cash. Thus, it denotes a situation whereby one purchases an asset for its subsequent sale on cash that is needed by him. Bay al-Inah is generally defined as an arrangement whereby a seller sells to the buyer some object for cash deferred payment; then, simultaneously, the seller mmediately buys back the same object for a lesser amount than the deferred price in cash. Thus, the transaction amounts to a loan whereby the difference between the two prices represents the interest . Modus Operandi: The above diagram shows the modus operandi of the Bay al-Inah that has been practiced by the Islamic banks in Malaysia so far. In this transaction, the bank sells its asset to the customer who is in need of liquidity on credit. The price under the sale includes the bank’s profit margi n charged on the customer.Subsequently, the bank buys back the asset from the customer for cash payment. Eventually, the customer gets the cash payment, and pay the bank the deferred price over a tenure by periodic instalments which constitutes the same effect and result of a loan . CURRENT PRACTICE IN THE INDUSTRY In Malaysia, the practice of Inah may take 2 names, depending on the original owner of the asset. If the asset to be used belongs to the customer, the contract is known as Bay Bithaman Ajil (BBA). If the asset belongs to the bank, then the contract will be named as Bay al-Inah. ven though the legal documents may differ from one financing to the another, but the common documentation will consist of Property Purchase Agreement (PPA) and Property Sale Agreement (PSA). Besides, the Master Facility Agreement will also be prepared to encapsulate and detail out all necessary ingredients of the facility granted. These documents reveals that though the two sale contracts are execu ted separately without making one of them conditional to the other, the master facility Agreement has clearly indicated the intention of the parties in entering into these two consecutive sale contracts.LEGITIMACY OF BAY AL-INAH The main proponents of Bay al-Inah is the Shafii school. The Shafii jurists have illustrate their permissibility in a situation whereby a person sells a commodity on cash or credit terms and hands over possession, and the parties separate with mutual pleasure about the contract, it is permissible for him to purchase it from the previous buyer for an amount equal to, higher, or lower than the former price, of the same currency as before or different, paying cash or oncredit, after receiving payment for the previous sale or before it.On this basis, according to the authoritative position upheld by the Shafii scholars, the two independent contracts, jointly referres to as â€Å"Inah† are held valid, but reprehensible. This principle even applied when one of the two parties is known for the practice of Inah, as according to the principle upheld by the Shafii school, the intention of the parties, even when it happens to be unacceptable, does not result in the invalidity of the contract, unless such intention is given expression in the contractual text.As a result, it will be the case whereby even the situation indicates the parties’ intention to carry out a second sale, this will not necessitate the invalidity of the contract. In a simple word, the Shafii school considered the intention of the parties only taken into account when the invalid intention is explicitly written in the contract . In the other side, the Maliki and Hanbali schools opined that the contract of Bay al-Inah is not valid.The Maliki jurists have categorized the process in question under buyu’ al-ajal, which concerns on the discussion of various form of two sale contract being taking place in sequence involving combination of different prices and peri ods. They have described 9 possible variations, the permissibility of two of which have been subjects of different opinions, while there is unanimity pertaining to the rest. It was said that when one sells a commodity on a deferred payment and thereafter purchases it again, the price in the second transaction could be deferred for a period equal to the first, shorter than the first, or longer.In each of these situations, the price of the second transaction could be equal to that of the first, lower than, or higher. The types where jurists have differed are: -where the price of the second transaction is lower than that of the first, and is on a cash basis; and -where the price of the second transaction is higher than that of the first and is deferred for a longer period. Imam Maliki and other jurists regard these formats invalid.They considered the second transaction along with the first, and regard the grounds viable enough to suspect that the purpose is to exchange an amount of mon ey with a higher amount that is deferred, which substantially constitutes the prohibited Riba. Hence, the transaction acts as a medium for attaining what is prohibited and it is invalid inherently. The Hanbali school agreed that the Bay al-Inah is not valid as the difference of the selling price of a commodity with profit margin and the lesser buying price transaction serve as an avenue leading to Riba.One could seek to legalise the sale of one thousand against one thousand five hundred by involving an asset in this manner. But, it was also mentioned that if the price of the second transaction is equal to that or higher than the first transaction, then it is permissible since no margin equal to the nature of Riba is involved. The above ruling applies where the commodity had not diminished in any manner after its sale. If it had diminished, it could be purchased at any price, as any decrease in the price could be against the loss of value in the asset, and not for the purpose of Riba .If the purchase is against another asset, or the first sale was against an asset and the commodity is then repurchased for cash, it is permissible due to the fact that Riba is not applicable between money and commodities. If the first sale is on cash, and the second sale takes place through another currency, it is permissible. Basically, the determination of validity in contract is based on the parties’ motive and validity in sale under consideration, the motive of the parties is illegal will put the sale invalid aas it constitutes a legal device to obtain a loan with interest which should be averted.Imam Hanifah from the Hanafi school opined that if the two prices are such that Riba could be applicable such as gold and silver, and are identical in type, for example: gold, it is not allowed to repurchase the sold commodity except at a price equal to the first, without any increase or decrease in price. If the price of the first sale was such that Riba is not applicable, such as commodities, he may repurchase the sold commodity for a price higher than the initial price or lower.If the two prices belong to different types where Riba is applicable such as gold and silver, disparity between them although analogically permissible, but is unlawful based on Istishsan. The majority objection to Bay al-Inah were supported by a number of Hadith attributed to the Prophet and his companions. One of the example was the Hadith that the Prophet warned those who practiced Bay al-Inah with calamity (bala’) or disparagement (dhill). Another example was a report on a Bay al-Inah transaction that had been brought to the knowledge of Aishah r. a. hich read: â€Å"Aliyah binti Ayfa said: I entered Aishah’s place with Umm Walad of Zaid bin Arqam and his wife. Then, Umm Walad of Zaid bin Arqam said: I had sold a slave to Zaid bin Arqam for 800 dirhams on deferred payment. Then I bought him back from Zaid for 600 dirhams cash. Aishah replied: Very bad is what yo u sold and bought. Convey to Zaid that he had nullified his struggle with the Prophet, unless he repented. † ALTERNATIVE SOLUTION Al Ijarah al Muntahiya Bittamleek Under this structure, the bank appoints customer to be its agent to make purchases from the seller.The customer then takes the purchased asset on lease from the bank, for rental payments. At the end of the lease period, the asset will be transferred to the customer via a sale (normally the price of the last rental payment) or as a gift. SHARIAH ISSUE TWO: Tawarruq THE CONCEPT Tawarruq has been generally used to refer to an arrangement whereby a person who was in need of cash bought some goods for deferred payment. Then he sold the goods to another party other than the original seller for payment of cash with a lower price . Tawarruq is considered an alteration based on the Bay al-Inah.The distinction between the Bay al-Inah and Tawarruq is that the person who requires liquidity purchases an asset from a seller on cr edit, thereafter sells it on cash basis at a price lower than the purchase price to the seller in the case of Bay al-Inah. However, Tawarruq involves a third party whereby the one who requires liquidity purchase an asset from someone on credit, and thereafter sells it, usually for a lower price, to a person other than the original seller. So, the structure does not give a direct indication of Hilah solely to undercover the Riba.Modus Operandi: CURRENT PRACTICE IN THE INDUSTRY The concept of Tawarruq contract is popular among the contemporary Islamic financial system. In fact, the short term financing which various adaptions of Murabaha was used as the standard mode by the majority of Islamic banks in the industry is in deed structurally designed based on this Tawarruq principle. However, there are some variation on the simple structure of Tawarruq due to the reason the Islamic banks encounter objections from the classical scholars with the similar stand and analogy as the way they e nounced the Bay al-Inah. One of the most popular variation is the Tawarruq Masrafiy. In this mode of Tawarruq Masrafiy, the Islamic bank is acting as a mere intermediary and does not possess the asset that could be readily brought into the Tawarruq financing process and therefore is in need of liaising with a trader/ broker, usually an external party, for the purpose of facilitating the Tawarruq contract. Similarly, the disposal of such asset by the customer of the facility needs to be further simplified by the mediation of an agent.Hence, this Tawarruq Masrafiy could be more complex in its structure . Modus Operandi: LEGITIMACY OF TAWARRUQ Most of the scholars make their conclusion on the validity of Tawarruq based on the same authorities and analogy of the validity of the Bay al-Inah. The scholars who have upheld the permissibility of Tawarruq have fundamentally relied on the general connotation of the verse permitting sale while prohibiting usury. Tawarruq as a type of sale, is i ncluded within this context of permissibility due to the absence of any Quranic verse or Hadith that rules it unlawful.The proponents somemore cited the Hadith reported by the Companion Abu Said al-Khudri which narrates that a man from the region of Khaybar who had been contracted the upkeep of a plantation came to the Prophet with some dates of good quality. When the Prophet asked him whether all dates of Khaybar were of similar quality, the man replied in the negative and added that they used to obtain a measure of better dates against two measures of ordinary dates, and two measures against three measures.The Prophet forbade him from doing so and directed him to sell the low quality dates against silver coins, and then purchase better dates against silver . This Hadith indicates the permissibility of using the described method for avoiding involvement in Riba overtly or covertly; the medium of a sale is employed, which fulfils all conditions and prerequisites of sales, free of fa ctors that result in its invalidity. The intention of procuring dates of better quality as the end result of the transaction has not been considered to invalidate the material structure.Hence, this shows that the legality og the sale transaction where different purposes are intended when the medium utilized is acceptable and free of Riba explicitly and implicitly. As a conclusion for the proponents, it is permissible to attain liquidity through a medium of sale such as the case of Tawarruq when there is a need for doing so. On the other hand, the denouncers of the Tawarruq have mainly concentrated on the aspect of intention.They argues that the intention here is to procure money, which could tentamount to the sale of money against a different amount of money, while the asset serves only as a medium, the acquisition of which is not primarily intended. Therefore the structure strongly connotes the p[ossibility of a legal stratagem adopted for this purpose. thus a major reason for the disapproval of tawarruq is that it appears to be a Hilah adopted for attainment of what could otherwise be Riba. It is money against money, with a piece of silk cloth pushed in between. † as the stand of Ibn Abbas when he was asked on the question regarding the permissibility issue. One of the frequent cited authorities by these denouncers is the Hadith which reported that The Prophet has said: A time is certainly coming to mankind when people will bite each other and a rich man will hold fast what he has in his possession though he has not commanded for that.Allah the Almighty said: (and do not forget liberty between yourselves), and then those who are forced to contract sales while the Prophet forbade forced contracts, one which involves some uncertainty and sales of fruits before they are ripe. In a simple word, the end result of the whole transaction is their main concern in determining the legality of a particular structure of transaction. Hence, the Tawarruq is deemed no thing but equally to the practice of Riba as the purpose of Tawarruq is to obtain instant cash for a higher consideration later.In the OIC Islamic Fiqh Academy in its 15th Meeting, it was decided that the Tawarruq is allowed. However, in its later meeting, ehich is the 17th Meeeting, the OIC Islamic Fiqh Academy clarified its stand on Tawarruq by stating that the Tawarruq Masrafiy that largely adopted by the Islamic financial institutions is disallowed. The reasoning behind the disapproval is that the Tawarruq Masrafiy practiced by the Islamic banks is in the form of organized Tawarruq or pre-planned Tawarruq rather than ad hoc Tawarruq which cuasing it almost synthetic and fictitious as Bay al-Inah in essence.ALTERNATIVE SOLUTION Since the problem of Tawarruq shares the similar features of the Bay al-Inah, the alternative solution could be the same as discussed in the former part. Hence the Al Ijarah al Muntahiya Bittamleek could be the substitution for both Bay al-Inah and Tawarru q as a solution for avoiding the Riba element concerned. SHARIAH ISSUE THREE: Wa’d THE CONCEPT The 3-letter root WA-A-D (wa’d), corresponding to the verb Wa’ada, indicates a promise but can also be used for a threat.The technical definition of Wa’d (promise) is based upon the linguistic definition, affirming the positive meaning and excluding the negative meaning (threat). A promise has to be for something Ma’ruf (recognized as good by the Shariah and sound intellect). If a promise is to do something evil or wrong, then it is not obligatory to fulfill it and the time in which a promise is to be fulfilled is the future, not the time at which the promise is made. The problem incurred in application of Wa’d is that some banks claim that their unilateral promise (Wa’d) is not binding.However if the customer breaks his/ her unilateral promise, then the bank charges the customer for the loss incurred as a result of not fulfilling his unilat eral promise . LEGITIMACY OF WA’D The resolution 1409H of the Islamic Fiqh Academy has decided that a unilateral promise (Wa’d) which is issued unilaterally by either orderer or the client, is by religion binding upon the promisor except where otherwise justified. It is also judicially binding if it is made contingent upon a reason and if the unilateral promise (Wa’d) entails a cost for the unilateral promise (Wa’d).Insuch cases, the consequences of the binding character of the unilateral promise (Wa’d) are determined by either the fulfillment of the unilateral promise (Wa’d) or by reparation for losses actually incurred as a result of the non-fulfillment of the unilateral promise (Wa’d) without justification. According to the resolution of the Islamic Fiqh Academy that prohibits the Wa’d to be binding on both parties but allowed it to be so on one of them, it is rather too arbitrarily and hardly acceptable. It should be the ot her way round whereby one should treat the Wa’d either binding on both parties or optional for both parties.Making it binding upon one to the exclusion of the other, is illogical and denotes a misinterpretation of jurisprudential principles. In a summary, it is admissible for Wa’d as an alternative to a invalid contract to be binding because Wa’d is analogous to a contract as well. Any suggestion for making it binding upon both or either parties explicitly or impliedly with any other Hilah is not founded on any legitimate basis. SOLUTION The Wa’d is at its best to be excluded in the practice of the Islamic banking legal documentation system due to the uncertainty and arbitrariness.However, the characteristic of the Wa’d might be implemented through a contemporary form of statutory declaration in declaring certain sub-condition for the contract between the bank and customer instead of the main terms and conditions of the contract. For example, if th e real estate was brought on the purpose for self-staying purpose instead of profit generation, then the statutory declaration may be made in declaring this. This might not be the main issue in the construction of the bank’s facility agreement which must be included within the terms but can be proclaimed in the way of declaration.For the consideration and/or performance that is much important which will affect both parties essentially, of course must be included in the facility documents entered by the parties and there is no point to make it in a rather uncertainty form of Wa’d. CONCLUSION The Al Ghazali once said that the very objective of the Shariah is to promote the welfare of the people and whatever ensures the safeguarding of people’s faith, life, intellect, posterity and wealth serves the public interest and is desirable.In the issue of Wa’d, it is certainly not the best form of contracting to the Islamic banking industry that put much demand on c ertainty, hence it would be rather fully utilize the bilateral contract on main consideration/performance or only using the statutory declaration on the least important issue such as the example given since the ambiguity part of the Wa’d is not serving the public interest for all. From the point of Shariah, the Bay al-Inah and Tawarruq is not really serving the welfare of people and it has similar oppressive character of Riba.The banks are still getting the pre-determined rate of return and the application of Bay al-Inah or in other name BBA and Tawarruq is mostly cosmetic. If the Islamic banks label their hamburger as a MECCA burger, as long as it still has the same ingredients as a McDonald’s burger, is it really any different in substance? It is also the case between the Bay al-Inah, Tawarruq with inherent Riba element and the conventional interest-based loan.References: A: Book Dr. Muhammad Saleem (2005), Islamic Banking- Observation and Arguments on Riba (interest or usury), Islamic Banking Practices, Venture Capital and Enlightenment, published by Xlibris Corporation, p26. Professor Rafic Yunus Al-Masri (2002), The Binding Unilateral Promise (Wa’d) in Islamic Banking Operations: Is it Permissible for a Unilateral Promise (Wa’d) to be Binding as an Alternative to a Proscribed Contract? , J.KAU: Islamic Econ, Vol 15: pg29-33 Dr. Mohamad Akram Laldin, The Concept of Promise and Bilateral Promise in Financial Contracts: A Fiqhi Perspective, The International Shariah Research Academy (ISRA), pg 3-30 Muhammad Abd al Ghaffar, al Tatbiqat al Masrafiyyah li al Tawarruq, pg 16 SH1003: Shariah Rules in Financial Transactions of CIFP Module 2012, published by the International Centre for Education in Islamic Finance (INCEIF), pg 97- 129Dr. Mohd Daud Bakar and Dr. Engku Rabiah Adawiah Engku Ali (2008), Essential Readings In Islamic Finance, CERT Publications Sdn Bhd: pg 133-165 http://www. isra. my/media-centre/downloads/finish/7-islamic-b anking/273-the-concept-of-promise-and-bilateral-promise-in-financial-contracts-a-fiqhi-perspective-english/0. html retrieved 17/11/2012 20. 00pm http://dahabshilbank. com/cms. php? id=ijarah_en& retrieved 16/11/2012 16. 00pm

Definition of and Examples of Words With a Glottal Stop

Definition of and Examples of Words With a Glottal Stop In phonetics, a glottal stop is a stop sound made by rapidly closing the vocal cords. Arthur Hughes et al. describe the glottal stop as a form of plosive  in which the closure is made by bringing the vocal folds together, as when holding ones breath (the glottis is not a speech organ, but the space between the vocal folds) (English Accents and Dialects, 2013). The term is also called a  glottal plosive. In Authority in Language (2012), James and Lesley Milroy point out that the glottal stop appears in limited phonetic contexts. For example, in many  dialects of English it  can be heard as a variant of the /t/ sound between vowels and at the ends of words, such as  metal, Latin,  bought, and cut  (but not ten, take, stop, or left). The use of the glottal stop in place of another sound is called glottalling. The glottal stop is inside us all, says David Crystal, part of our phonetic ability as human beings, waiting to be put to use. We use one every time we cough. (The Stories of English, 2004) Glottal Stop Examples and Observations Glottal stops are made quite frequently in English, although we rarely notice them because they do not make a difference in the meaning of English words...English speakers usually insert a glottal stop before initial vowels, like in the words it, ate, and ouch. If you say these words naturally, you will probably feel a catch in your throat just as you [do] in the expression uh-oh.(T. L. Cleghorn and N. M. Rugg, Comprehensive Articulatory Phonetics: A Tool for Mastering the Worlds Languages, 2nd ed., 2011) Glottalization   Glottalization is a general term for any articulation involving a simultaneous constriction, especially a glottal stop. In English, glottal stops are often used in this way to reinforce a voiceless plosive at the end of a word, as in what?(David Crystal, A Dictionary of Linguistics and Phonetics, 1997) words: light, flight, put, take, make, trip, reportmultisyllabic words: stoplight, apartment, backseat, assortment, workload, upbeatphrases: right now, talk back, cook the books, hate mail, fax machine, back-breaking Uhs We often make this stop- its the sound we make when we say uh-oh. In some languages, this is a separate consonant sound, but in English, we often use it with d, t, k, g, b or p when one of those sounds happens at the end of a word or syllable...We close the vocal cords very sharply and make the air stop for just a moment. We dont let the air escape. This glottal stop is the last sound of these words: You also hear it in words and syllables that end in t a vowel n. We dont say the vowel at all, so we say the t n: button, cotton, kitten, Clinton, continent, forgotten, sentence.(Charlsie Childs, Improve Your American English Accent, 2004) Changing Pronunciations Nowadays younger speakers of many forms of British English have glottal stops at the ends of words such as cap, cat, and back. A generation or so ago speakers of BBC English would have regarded such a pronunciation as improper, almost as bad as producing a glottal stop between vowels in the London Cockney pronunciation of butter...In America, nearly everybody has a glottal stop in button and bitten.(Peter Ladefoged, Vowels and Consonants: An Introduction to the Sounds of Languages, Vol. 1, 2nd ed., 2005)