Rogerian Argument on The Chinese in all of Us Essay

Rogerian Argument on The Chinese in all of Us - Essay Example He thinks that there is no such thing as multiculturalism, there is only a melting pot and all the cultures go in and a different culture(s) emerges. The theme is relevant to all, as everyone supposedly belongs to some culture or race. If the only constant is change then what is a culture anyway? If certain tradition, style of speaking, food and dress remains specific to a place for a certain amount of time, does it mean it will always stay that way, if this is not true then what happened to the Stone Age culture and hunting with spears made of bone and wood? Shouldn’t we all hold on to our ‘true culture’? Rodriguez is right in his reasoning because he grew up in America, born to a Mexican family. He lived through all of the cultural amalgamation in the US. There are no hard and fast rules to cultures anymore. Probably there is no culture after all, but the culture of change and evolution. Rodriguez is right in arguing that there is no multiculturalism, it is just a haze. He astoundingly explains this to an interviewer who asks him if he considers himself as Hispanic or American, and he replies, Chinese. That is what he grew up with; a little bit of this and a little bit of that. He is born to Mexican parents and goes to an American school (where he’s shown to speak ‘proper’ English) and has Chinese neighbors. The ‘proper’ English even teaches him how to say his own name as the school teacher writes his name on the board and reads it out loud and asks him to follow along, so that the whole class gets familiar with his name and he gets to say his name in a certain accent; the ‘proper’ accent, this is what the culture (or multiculture) is all about. However, certain things remain specific to certain cultures, for instance Asian culture is very different from the Western culture; â€Å"Many Asian cultures have distinct conceptions of individuality that insist on the fundamental relatedness of indiv iduals to each other. The emphasis is on attending to others, fitting in, and harmonious interdependence with them.† (Markus and Kitayama, 1991) But there is something in the world that brings together different cultures, the melting pot. The author frequently uses the term melting pot and prefers it over common culture or multiculture. The term melting pot represents the trend in culture in a better way. The author has introduced two different views about the ‘melting pot theory’, one is positive while the other has some negativity attached to it. The author says that the melting pot has changes people. When someone goes into it, their identity is lost. An African will not remain African after the melting pot treatment. The loss of identity or separation from the origin is what he refers to as something which he doesn’t look forward to. He accepts it only because of its inevitability. The inevitable side of the ‘identity loss’ makes sense. Thi s world belongs to everyone; it would be ridiculous to think that certain race will remain in a certain piece of land for all eternity; an impossibility. They will eventually travel to some other part of this world. And when they live with the other ‘cultures’ they will take some part of it and will give some of theirs; â€Å"Even while America changes the immigrants, the immigrants are changing us† (Rodriguez) The other way Rodriguez sees the melting pot is somewhat of a miracle pot. A person goes in it and comes out as something different. The pot has magical powers, but he question is; does it bring people closer or pushes them away? Clearly it brings them closer at the cost of the so called ‘identity’. The only thing wrong with this approach is when people are forced to adapt to certain norms. They have their own culture and lifestyle, why would the dominant culture suppress it

Essay Example | Topics and Well Written Essays - 500 words - 218

Essay Example In addition to this, the book offers the guidance that is helpful to the students involved in academic writing for the purposes of the summary of the ideas and facts in a book (Gerald, Birkenstein, and Russel, 117). An academic writer will in this instance be able to sharpen his or her ideas. Bright ideas will make him or her learn the ways that can enable him or her express him or herself before others by using the original ideas from his or her mind. As a result, the academic writer, in this case, will develop a paper that is free from plagiarism (Gerald, Birkenstein, and Russel, 128). Gerald Graff and Cathy Birkenstein consider academic writing as a recent research that outlines the processes used in writing through use of short chapters and understandable languages. In this way, the authors argue that academic writing will publish quality materials through use of these elements (Gerald, Birkenstein, and Russel, 145) Since the implementation of the Manitoba’s education policies in the Canadian education system, performance of the science and math’s related subjects has the worst record that also still continues to deteriorate as time continues to elapse (Behiels, 69). The results take place despite Manitoba spending on each K-12 student than any province in the country apart from Alberta (Levin, 74). Even the average student today can’t handle these subjects as was before since the introduction of the policies in the curriculum of the Canadian education. In this instance, the education authorities in the country exercised the mediocrity of the highest order in implementing the Manitoba education policies (Behiels, 87). The reason for this explanation of their level of mediocrity is that they implemented the policies without evaluating their impacts on the children. In addition to this, the officials also seem that received some bribery to ensure the implementation of the wro ng education policies in the system of Canadian education. As a result, it

Ignou solved assignment 2014 Essay Example for Free

Ignou solved assignment 2014 Essay Describe the evolutionary process of organization design and different perspectives of organization design and their relevance. Q. Explain the meaning and purpose of Job design and briefly discuss the impact technology has on Job design. Q. Discuss the purpose of organizational analysis and briefly describe the tools which could be used for organizational analysis and their effectiveness. Q. Identify different kinds of change which take place in organization and strategies which are used for change and their effectiveness. Discuss how resistance to change can be handled before implementing it. Give examples. Q. Discuss the process of institution building and the role of chief executive in institution building with an example. 1. Organization design-A process for improving the probability that an organization will be successful. More specifically, Organization Design is a formal, guided process for integrating the people, information and technology of an organization. It is used to match the form of the organization as closely as possible to the purpose(s) the organization seeks to achieve. Through the design process, organizations act to improve the probability that the collective efforts of members will be successful. Typically, design is approached as an internal change under the guidance of an external facilitator. Managers and members work together to define the needs of the organization then create systems to meet those needs most effectively. The facilitator assures that a systematic process is followed and encourages creative thinking. Hierarchical Systems Western organizations have been heavily influenced by the command and control structure of ancient military organizations, and by the turn of the century introduction of Scientific Management. Most organizations today are designed as a bureaucracy in which authority and responsibility are arranged in a hierarchy. Within the hierarchy rules, policies, and procedures are uniformly and impersonally applied to exert control over member behaviors. Activity is organized within sub-units (bureaus, or departments) in which people perform specialized functions such as manufacturing, sales, or accounting. People who perform similar tasks are clustered together. The same basic organizational form is assumed to be appropriate for any organization, be it a government, school, business, church, or fraternity. It is familiar, predictable, and rational. It is what comes immediately to mind when we discover that we really have to get organized! As familiar and rational as the functional hierarchy may be, there are distinct disadvantages to blindly applying the same form of organization to all purposeful groups. To understand the problem, begin by observing that different groups wish to achieve different outcomes. Second, observe that different groups have different members, and that each group possesses a different culture. These differences in desired outcomes, and in people, should alert us to the danger of assuming there is any single best way of organizing. To be complete, however, also observe that different groups will likely choose different methods through which they will achieve their purpose. Service groups will choose different methods than manufacturing groups, and both will choose different methods than groups whose purpose is primarily social. One structure cannot possibly fit all. , the form of organization must be matched to the purpose it seeks to achieve. The Design Process Organization design begins with the creation of a strategy — a set of decision guidelines by which members will choose appropriate actions. The strategy is derived from clear, concise statements of purpose, and vision, and from the organization’s basic philosophy. Strategy unifies the intent of the organization and focuses members toward actions designed to accomplish desired outcomes. The strategy encourages actions that support the purpose and discourages those that do not. Creating a strategy is planning, not organizing. To organize we must connect people with each other in meaningful and purposeful ways. Further, we must connect people with the information and technology necessary for them to be successful. Organization structure defines the formal relationships among people and specifies both their roles and their responsibilities. Administrative systems govern the organization through guidelines, procedures and policies. Information and technology define the process(es) through which members achieve outcomes. Each element must support each of the others and together they must support the organization’s purpose. Exercising Choice Organizations are an invention of man. They are contrived social systems through which groups seek to exert influence or achieve a stated purpose. People choose to organize when they recognize that by acting alone they are limited in their ability to achieve. We sense that by acting in concert we may overcome our individual limitations. When we organize we seek to direct, or pattern, the activities of a group of people toward a common outcome. How this pattern is designed and implemented greatly influences effectiveness. Patterns of activity that are complementary and interdependent are more likely to result in the achievement of intended outcomes. In contrast, activity patterns that are unrelated and independent are more likely to produce unpredictable, and often unintended results. The process of organization design matches people, information, and technology to the purpose, vision, and strategy of the organization. Structure is designed to enhance communication and information flow among people. Systems are designed to encourage individual responsibility and decision making. Technology is used to enhance human capabilities to accomplish meaningful work. The end product is an integrated system of people and resources, tailored to the specific direction of the organization. 2. Job design refers to the way that a set of tasks, or an entire job, is organized. Job design helps to determine: †¢ What tasks are done? †¢ How the tasks are done, †¢ how many tasks are done, and †¢ in what order the tasks are done. It takes into account all factors which affect the work, and organizes the content and tasks so that the whole job is less likely to be a risk to the employee. Job design involves administrative areas such as: †¢ job rotation, †¢ job enlargement, †¢ task/machine pacing, †¢ work breaks, and †¢ Working hours. A well designed job will encourage a variety of good body positions, have reasonable strength requirements, require a reasonable amount of mental activity, and help foster feelings of achievement and self-esteem. 3. Organizational analysis may be done for different purposes. These include: 1) Enhancing the general understanding of the functioning of Organizations (i. e. educational or research purposes. ) (The direct beneficiary is the researcher or the analyst rather than the Organization). Such a study may aim at enhancing the understanding of human behaviour through a study of it in organisation, or to enhance the understanding of the society as reflected in organisational life. 2) Planning for growth and diversification An analysis or a diagostic study may be necessary for planning growth, diversification, expansion etc. Organisational analysis may reveal the strengths that could be used for growth and diversification, weak spots that need to be removed in the new plans, the precautions to be taken, structural dimensions to be kept in mind etc. Several insights may be provided on structure, people, systems, styles, technology etc. that have implications for growth. 3) Improving Organisational Effectiveness or Planning General Improvements Organisational Analysis may be used also for improving the general efficiency of an organisation. On the basis of a diagnosis made out of the analysis action steps could be initiated in terms of toning up administration, introducing new management systems and processes, reduction of wasteful expenditure, introduction of time savers, change of personnel policies to enhance employee motivation, restructuring of some parts, training, elimination of unwanted structures and teasers, improvements in general health of the organisation etc. 4) Organisational Problem Solving Whenever some subsystems departments, units etc.fall sick or start creating problems a diagnosis may be undertaken with a view to identify the source of the problem and take corrective action. A sick unit, a bottleneck, a communication block, a poor performing department, frequently occurring conflict between two departments, repeated failures of a management system or an organisational process, a frequent violation of an organisational norm, fall in discipline, reduction in output absenteeism, increase in conflicts e tc. can all lead to the need for an organisational diagnosis of a part of the organisatioin or the entire organisation. tools of organisational analysis Observation represents the careful and planned method of recording certain phenomena, objects, events in conjunction with a given situation. Constantinescu, etc. (2008) considers it necessary, within the organisation, to focus on observing the interaction between employees, in order to find answers to questions such as: What is the working pace of the employees slow, methodical, alert, spontaneous? What rituals do you notice in the enterprise? What are the values disseminated? Do the meetings generally provide revealing information? Who participates in these meetings? Who speaks? Whom do these people speak to? To what extent is sincerity situated in these meetings? How much time is devoted to different topics? The topics which often recur and which are discussed in depth frequently represent indications of the organisational culture values. Observations are used for gathering data on the symbols which are analyzed by the qualitative analysis methods. Observations include mostly behavioural material, but also semantic symbols. Observations of behavioural symbols include monitoring and recording the organizational rituals, such as, for example, the celebration of company day as a ritual of integration. There will also be careful attention focused on the state and architecture of the buildings, decor, billboards, staff dress code, behaviour and habits, working environment, the way in which everyone fulfils their role, employee behaviour in conflict situations. The analysis of these aspects allows knowing the reality, the working environment, both the organisation’s physical components and the emotional, psychological elements, harder to decipher at first glance. The opinion interview technique always involves oral information, having the advantage of flexibility, of the ability to get specific answers to each question. Along with the use of the questionnaire, it is one of the techniques most often used in qualitative research. The interview is, however, a complex technique that requires certain abilities and skills from the researcher, especially social, communication and self-reflection skills. The interview is used in the study of organisational culture to collect qualitative data about the cognitive elements of the culture, such as assumptions, values, norms and attitudes. Interviews may also serve to identify symbols, certain expressions, stories, anecdotes specific to the organisation. â€Å"To successfully use the interview in organisational culture research, it is important to determine the persons that will be interviewed, when, where and how the interview will be conducted, the set of questions that will be used and the method of recording it† (Janicijevic, 2011 , p 85). Interviews help us perceive the consistency between what the interviewees say and the facts recorded from other sources. † These perceptions are generally useful for:  · defining an updated vision of the history, the important events and its impact on the functioning of the organisation;

McLean vs Arkansas Essay -- Creationism Creation Science

Science is a word that carries with it many meanings - knowledge, truth, a process of examination. But when it comes to setting a clear definition of the term, difficulties arise. Certainly physics is science, and theology isn't. But many disciplines are less intuitively dichotomized, such as the fields of psychology, history, ethics, and many others. Are these sciences? And while it may at first seem like a rather irrelevant issue only for lexicographers and philosophers, in fact the distinction between what is science and what is not is of great importance to society - for in the formation of the public school curriculum, the distinction between science, which must be taught, and religion, which must not be, is essential to keeping education both factual, up-to-date, and constitutional. The 1982 court case McLean vs. Arkansas put in the public spotlight just how important drawing the distinction is. In what has become a landmark case in the creation/evolution legal debate, the Arkansas legislature passed without debate a bill mandating that the state redraw its science education standards so to include in the state's public high school curricula the body of ideas known as "creationism" - the notion that Earth and its inhabitant life forms were formed in the same forms as they are seen today - alongside evolution - the mainstream view of biologists holding that life developed and diversified gradually over millions of successive generations. The concept of creationism has a strong religious history and very deep religious overtones, and the constitutionality of teaching the subject in a public school immediately was questioned. Called to preside over the resulting legal case was U.S. District Judge William Overton. Thu... ...of testability is unclear and the incorporation of unobserved elements is not unique to creationism, so this in and of itself is not a reason to exclude it from a curriculum - and as previously mentioned Darwin considered the two models of creation and evolution on equal scientific grounds in his arguments. Instead, creationism fails on account of the evidence against it. So in the end, while Overton's attempt to determine essential characteristics of science does not stand up to philosophical scrutiny, his decision was correct: creationism is not part of modern science, and does not belong in the modern classroom. Works Cited Gould, Stephen Jay. The Mismeasure of Man. W. W. Norton and Co.: New York, 1996. Kleppner, Daniel and Robert Kolenkow. An Introduction to Mechanics. McGraw-Hill, Inc: Boston, 1973. McLean v. Arkansas, US District Court. 1982.

Healthcare Law and Ethics

Healthcare Ethics Paper Brian Lucas HSC / 545 Healthcare Law and Ethics 1/16/2012 SHAWNA BUTLER Healthcare Ethics Paper My paper is on patient dumping which happens when a medical treatment facility may treat a patient initally for acute symptoms but then realizes the patient has no means to pay for the medical services rendered. In some cases back in the 1990's it was found that a patient was put into a cab and the cab driver paid to take the patient away and let out on a street corner somewhere in a city in the USA. Some stories have been told that patients only had on a hospital gown and diaper and dumped on the curb. Usually these patients are older population, may have dementia or are chronic alcoholics and are too sick to care for themselves. Of course this practice is illegal after Congress passed the â€Å"Emergency Medical Treatment and Active Labor Act (EMTALA), sometimes referred to as COBRA since it was part of the year’s Consolidated Omnibus Budget†. (http://www. nurseweek. com, Karen Markus, JD, RN, p 1. ) The Emergency Medical Treatment and Active Labor Act is a law passed by Congress to protect the patients from the practice of patient dumping. The law states that every patient that seeks medical treatment care in medical treatment facility must be assessed or screened by a qualified medical professional for the presence of an emergency medical condition. The law also requires the medical tratment facility to run tests, to rule out an emergency medical condition, can be screened by a physcian, nurse practicioner, physcian assistant. The patient must not just be triaged, which is a process in which order of priority a patient is to be screened and treated, but must be assessed to whether the patient has any health or safety issue that will result in impairment of life or death. The law states that the patient must be stabilized before any kind of means to transfer may occur. Supporting documentation both from the physcian or medical doctor, nurse practioner, physcian assistant and nursing care staff must also accompany the patient prior to any transfer. The patient must be deemed stable with no health or life threatening condition occuring during transfer. ((http://www. nurseweek. com, Karen Markus, JD, RN, p 1. ) So why did hospitals and medical treatment facilities start the illegal practice of patient dumping? Hospitals were being burdened with the financial costs of treating patients who were uninsured or didn't have a means to pay for services rendered. Other factors were also researched and was just more than having financial means to pay. Social groups such as poor blacks and hispanic groups were also profiled to have the inability to pay for services rendered. Motivating factors for incentives to patient dump include â€Å"increasing number of uninsured, healthcare cost containment measures, the common law no-duty rule, and ineffective state statutory responses†. (_ZITO1. DOC, THOMAS A. GIONIS, pg. 1). Healthcare Ethics Paper Cost cutting measures though is the primary reason for patient dumping and with the common law no -duty rule, both hospitals and physcians have used this measure to decrease liability in servies rendered without the possibility of reemburishment. But in order to protect the patient from denial of care, it is required by law for hospitals and treatment facilities to be compliant within Emergency Medical Treatment and Active Labor Act Law. The patient must be determined to be medically stable before any kind of transfer is to be arranged. So how do the four major eithical principles apply to patient dumping? To answer this we need to look closer at the four major ethical principles and expand on each principle as it applies to our ethical problem. The four major ethical principles are: Autonomy – respecting self-determination of individuals and protecting those persons with diminished autonomy. 2. Benefice – giving highest priority to the welfare of persons and maximizing benefits to their health. 3. Non-maleficence – avoiding and preventing harm to persons or, at least, minimizing harm. . Justice – treating persons with fairness and equity and distributing benefits and burdens of health care as fairly as possible in society. With Autonomy being the first ethical prinicpal, the patient either must be able to understand and make decisions based on the information presented by the hospital for his or her own medical care. If the patient is not in a mental state to do that, then it must be det ermined either through a desginated assigned guardian legally, or through the state to determine the best interest for that patient. With Benefice, the law requires that the patient should be able to have diginity with respect to their own healthcare. They shouldn't be denied medical care based on their race, color, social economic group status and receive a fair treatment as other citizens receive within the laws established by the government. With Non-maleficence, safety is the number one priority here. The patient must be protected from being harmed or harming themselves or others during their medical treatment and care. With Justice, the patient must be treated in a fair and appropiate manner that is equal to the treatments of what other people in society would expect to receive. This would be equal and fair humane treatment. Healthcare Ethics Paper Still even today patient dumping is still happening. Illegal undocumented aliens who are in a condition of chronicle illness or injury are being shipped back to their home countries through the use of air ambulances. When they return to their home countries, it is known that those countires don't have the means or medical equipment to treat those patients and their mortality rate significantly increases. So is this practice an ethical issue. Yes because the avoidance of treating them is still the same issue as before by using the practice of patient dumping. This last year the President of the United States and Congress passed the Patient Protection and Affordability Act. This law still leaves out undocument illegal aliens not allowing them to receive medical treatment. The law is still continuing to evol and it is in the future that changes in the law will be changed to include medical care for these people. Wolpin, supra note 6, at 152–53. ) This paper goals is to provide more insight concerning ethical issues regarding patient dumping. It is the hope in the future that all patients regardless of economic social status, race and ethinic groups will receive fair and adequate humane medical treatments. As to allow patient dumping is a non ethical practice that should not be allowed to continue. References: www. wcl. american. edu/journal/lawrev/52/zito. pdf File Format: PDF/Ad obe Acro www. jblearning. com/samples/†¦ /4526X_CH14_235_250. pdf

A Critical Engagement Essay Good Kid M.a.a.d City

Critical Engagement Essay #2: good kid m.A.A.d city, Confessions When asked to find something that relates to St. Augustine’s book, Confessions, people may think of his mother, Saint Monica. Maybe people look back on the book and they think of his sex addiction or perhaps his friend’s addiction to the gladiatorial games. The last thing people think when asked to find something that relates to St. Augustine’s book, Confessions is Kendrick Lamar. Comparing Kendrick Lamar’s album, good kid m.A.A.d city and Augustine’s Confessions, a reader will find that the book and the album are almost exactly alike in terms of the author’s choice of composition, the author’s choice of media (choice of, and the author’s intended message. St. Augustine begins his narrative, remembering his adolescence. Augustine remembers in his prayer to God that when he was younger all he cared for was â€Å"simply to love and to be loved†. He found it di fficult in his adolescence to loosen the grip sex and lust had on him. Later in Augustine’s prayer he speaks about his dealing with his friends. Augustine explains that he constantly felt pressured by his buddies to do something wrong. Deep down Augustine knew he shouldn’t have stolen the pears.1 Augustine says â€Å"alone I would never have done it.†1 Towards the end of the book we finally get Augustine’s conversion to Christianity. Throughout Confessions, Augustine explains the hardships and questions he went through from childhood, all the way to his mid 30’s in

An Analysis Of The Islamic Financial System Finance Essay - Free Essay Example

Sample details Pages: 15 Words: 4544 Downloads: 7 Date added: 2017/06/26 Category Finance Essay Type Analytical essay Did you like this example? Islam considers the problem of economic development very seriously and views this as an important part of total human development. The fundamental aim of Islamic religion is to lead human development in the right direction. Islam deals economic development as part of total human development and never deviated from this perspective  [1]  . Don’t waste time! Our writers will create an original "An Analysis Of The Islamic Financial System Finance Essay" essay for you Create order Islam does not encourage blockage of wealth and regards circulation of wealth as important to an economy. The proponents of Islamic Banking argue that the system based on interest has resulted in concentration of wealth in a small number of hands thus widening the gap between rich and poor. The fact is that the 10 richest men in the world have more wealth than 48 poorest countries of the world.  [2]  Dr Usmani records, Just as clotting of blood paralyzes the human body; concentration of wealth paralyzes the economy.  [3] 1.1 Islamic Financial System: The Islamic financial system generally refers to an institution for financial market dealings, operations and services that does not conflict with Sharia Law. In Islamic jurisprudence all rules relate to the allotment of resources, rights on property, production and utilization, and the allocation of income and wealth as specified by the shariah (Islamic Law).  [4]  As per the rules and regulations stipulated by Shariah risk or reward can not be prohibited or promoted.  [5]  The Islamic financial system is often referred to as interest-free, but this is not the case. The core values in conventional banking system such as promotion, preservation and sanctity of entrepreneurship, property rights and contractual obligation are also part of the Islamic financial system. It is difficult to measure the actual size and rate of growth in the world wide Islamic financing pool.  [6]  Today, the assets of Islamic financial and banking activities have been estimated to the tune of over US$750bn, which is a sign of the impressive growth in this sector since 1980s.  [7]  The potential and widespread opportunities within Islamic banking are getting attention from market participants and policy makers.  [8]  Although there are no obstacles present to the continued development of Islamic finance, this does not mean an absence of challenges.  [9]  The shortage of investment outlets with profit-loss sharing agreements is one of the main hindrances to the continued growth of this sector.  [10] Islamic finance operates in compliance with Sharia (Islamic Law). It is derived from the Quran (The Holly book of Muslims) and Sunnah (the traditions of the Prophet Muhammad).  [11]  One of the basic pillars of Islamic financial system is economic freedom.  [12]  But it is not the same as under a capitalist economy.  [13]  One of the main differences between the capitalist economic system and Islamic financial system is that while the capitalist sys tem advocates absolute freedom in the market without any moral obligation, the Islamic banks advocates for the morality in the market.  [14]  Islamic finance allows an individual to earn wealth and own it. Even though the individual has absolute discretion to spend his wealth, it should in compliance with Islamic rules that apply to everyone.  [15]  For instance: obligation to pay tax for the poor.  [16] 1.2 Islamic Banks: An Islamic bank is a financial intermediary located in various sectors of an economy that mobilise savings from the public based on different tools within the Islamic financial system and distribute the money to entrepreneurs and other customers by complying with Sharia.  [17]  It is believed that the system of charging excessive fixed-interest debt led to the creation of a poor economic environment that resulted in the recent global financial crisis.  [18]  But risk-sharing instruments in Islamic banking aim to promote economic development.  [19] The following are considered as core values of Islamic banking principles: Interest as a return for saving does not have any moral foundation Self-restraint from spending of present income does not be worthy of a financial reward Revenue is gained only by taking risks so risks have to be incurred to gain money.  [20] The basic principle of Islamic Banking relates to humanity, ethics and morality such as justice, equity, reality and Human nature.  [21]  Islamic law influence the structure and activities of Islamic banks in several ways, the most important being the replacement of Riba (the receipt and payment of fixed or predetermined interest) with profit -loss-sharing arrangements.  [22]  In profit-loss sharing principle, the rate of return on an investment is not fixed or not known prior to the transaction.  [23]  For avoiding Riba, Islamic banks had to develop financial products which were in compliance with Shariah.  [24]  To attain this mission, a number of special Islamic financial products that comply with Sharia have been created by Islamic banks.  [25]  The most widely used products which have been developed by Islamic banks are Murabaha, Musharakah and Mudharabaha  [26]  . 1.3 Conclusion: In a nutshell, Islamic commercial law is a complex system and covers many areas. Islamic banking is just one of the areas within the Islamic financial system. In this chapter only a selective and general overview is given regarding Islamic finance. All rules and regulations of Islamic banking are derived from The Quran and the teachings of Prophet Muhammad. The aim of Islamic financial system is to give economic justice to mankind. Although Islamic finance aims to give economic freedom to the owner of a property it can be argued that the economic freedom is not absolute freedom since there are rules, regulations and moral ethics that are to be observed. Chapter.2 The Nature, Definition and Evolution of Islamic Banking Law Giving an outline of the financial institutions is useful for understanding the concept and operations of Islamic banking. This will help in understanding how financial institutions and products affect and fulfil the needs of various sectors in an economy 2.1 Banking: Let us examine what is banking or a bank? The word bank is derived from the Italian word banco, which means shelf or bench.  [27]  A bank is an institution authorized to take deposits for the purpose of extending long and short-term finance facilities.  [28]  The royal palaces and temples in ancient Mesopotamia were considered as the ancient Banks where the commodities were kept for security.  [29] The modern banking system operates as financial intermediaries between various sectors in an economy and they offer a number of other services such as safe deposits, overdrafts, easy transfer and agency functions etc.  [30]  Historically, banks have carried out all their functions o ­n the basis of fixed interest payment which is the basis of all their dealings.  [31] 2.2 Why Islamic banking? Islamic banking and finance has received attention as an alternative model. Interest or usury is considered as a source of exploitation. Generally the highest rates of interest were charged to lower earners in the case of sub prime lending. Such an unfair attitude by conventional banking was one of the reasons which led to the thought of an alternative banking system.  [32]  More over, the conventional banking system based on interest is incompetent of allocating available liquid funds among the various sectors in an economy irrespective of their efficiency, productivity and growth status.  [33]  It is also presumed that irrespective of rational economic considerations regarding income distribution, conventional banking is biased towards wealthy people. Thus, profit-loss sharing system in Islamic banking is considered as a competent alternative.  [34]  When the banks move forward from exploitation and ruthlessness, the relevance of Islamic banking, which is marked by ki ndness and affection, is increased. More over it is believed that Islamic economy should lead to freedom from economic slavery.  [35] 2.3 Origin of Islamic Banking: According to Lieber Among Muslims, international trade was particularly stimulated by the pilgrimage to the holy places of Arabia, in which a great body of men converged each year from all over the world. Many of these pilgrims fulfilled their religious obligations and at the same time, marketed their local products along the route, returning home with foreign goods on which they hoped to make a handsome profit.  [36]  With the development of trade operations such as lending, borrowing, transferring, guaranteeing and safeguarding comes the development of banking operations in Islamic community  [37]  . The operations of Islamic banking started from the time of the Prophet of Islam who introduced the system  of  Bayt al-Mal (State Bank of Muslims)  for the collection and distribution of revenues.  [38]  The supervisor and director of Bayt al-Mal was called as Khazin al -Mal who was a government officer under the department of central secretariat.à ‚  [39]  The  Bayt al-Mal  was not only  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  the property  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  of the Muslims alone  but of non-Muslims also. It was the duty of the Islamic state to support needy  non-Muslims  as well as indigent  Muslims out of the funds of the  Bayt al-Mal.  [40]  The public treasury of  Bayt al-Mal  played the role of an agricultural  credit bank and also a commercial bank.  [41]  During the period of 844-848 A.D., it lent to the peasants two million dirhams.  [42] From the historical writings of some scholars we can understand that there were bankers in medieval Islamic world called sarraffeen or sayarifah or jahabidhah and banks called dawawin al-jahabidhah.  [43]  It is to be noted that in 913 AD, the state established diwan al-jahabidhah with branches in the main trade cities which were conducting almost all modern banking functions without access to interest.  [44]  After the 13th century a number of Islamic institutions, including the Islamic system of financial intermediation had been displaced by Western institutions due to various internal and external factors.  [45] 2.4 Evolution of Modern Islamic Banking: From the middle of the nineteenth century, nearly every Muslim country, under direct or indirect pressure from the newly dominant west power, adopted laws and legal systems based on Western models in both civil and criminal areas.  [46]  After freedom from colonization, the demand for sharia based economic system had been increased in most of the Muslim dominated countries.  [47]  Because of the increasing demand from the people in many Muslim countries, individual Islamic banks were established.  [48]  They were operating under the economic and legal controls from the governments in the country in which they were established.  [49]  Moreover, they faced competition from already established interest-based banks in the system.  [50] The first modern trial of Islamic banking was established in Egypt at Mit Ghamr without projecting an Islamic image, because of some political reasons, in 1963.  [51]  It was the first interest-free institution with bank, Nasser Social Bank, as its name.  [52]  It was a savings bank based on Profit-Loss sharing established by Ahmad El Najjar.  [53]  This trial lasted until l967.  [54]  Although the first experiment lasted only four years, this idea received attention from rich people with surplus wealth. After four years, in 1975, Dubai Islamic Bank was established in Dubai, UAE.  [55]  Even though it was a private initiative; the governments of UAE as well as Kuwait invested 30% of the total share.  [56]  It is the first full-fledged Islamic Bank in modern history.  [57]  However, in 1975 the IDB (Islamic Development Bank) was established. It is the most important development in Islamic Banking history.  [58] With the development of several Islamic banks and the willingness of some countries like Pakistan, Iran and Sudan to implement the Islamic financial system, has boosted the growth of the Islamic banking sector.  [59]  One of the milestones in the evolution of modern Is lamic banking is that, its products have been recognised as genuine tools of financial intermediation by IMF and World Bank.  [60]  Islamic banking has grown by about 15 per cent a year since its modern initiation in the 1970s.  [61]  Nowadays Islamic financial services institutions have spread worldwide numbering nearly 500  [62]  and the total asset value of Islamic banks have reached about US$750 billion.  [63] 2.5 Definition and features of Islamic Banking: We have already discussed the origin and evolution of Islamic Banking. Let us examine the nature and features of Islamic Banks. 2.5.1 Definition of Islamic banking: An Islamic bank is as an intermediary between the saving surplus and the deficit units like any conventional bank with the difference that the instrument of interest is replaced by a number of other instruments. It mobilizes funds on the basis of a Mudarabha or Wakalah (agency) contract. It advances funds on a profit- and-loss sharing agr eement in accordance with the principles of sharia.  [64]  However in practice, in terms of organisational set-up, Islamic banks hardly look any different from its conventional counterpart.  [65]  An Islamic Bank has been defined in the following way according to general secretariat of the Organisation of Islamic Conference (OIC) A financial institution that expressly states its commitment to the principles of Islamic sharia in all of their statues, rules and procedures and that which prohibits receipt and payment of interest in all its operations is an Islamic Bank.  [66]  In simple terms it can be defined as banking operations in accordance with the beliefs that fit with the value system within Islam.  [67]  Ãƒâ€š The Islamic Banking system is based on the concept of sharing profits as well as loss. The general principle of Islamic banking is that only those who are willing to assume risk have the right to get a return on their savings.  [68]  From the above definition it is understood that Islamic banking neither receives nor pays interest in its transactions. Alternatively, this system operates based on Islamic Law of transactions which is promoting profit and loss sharing (PLS).  [69]  Because of Profit-Loss sharing principles in their practice, Islamic Banks are called as PLS-Banks.  [70] 2.5.2 Basic features of Islamic Banking: There are strict rules applying to finance under Islamic law. The economic principle of Islam is based on open markets, without price controls and prohibiting riba, gharar and maysir  [71]  Let us examine the distinguishing features of Islamic banking. A) Freedom from Riba: Riba is an Arabic word that means growth or increase and denotes the payment or receipt of interest for the use of money.  [72]  The prohibition of riba (interest) at Islamic Sharia on monies lent is ordained by the Quran, Sunna, i.e. the prophetic tradition and Ijmma (unanimity of the masses of ancient jurists).  [73]  The Quran expressly forbids riba, and gives warning against those who are not ready to give up riba. The holy quran declares that ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ÃƒÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦. if you do not give up your demand for the interest due to you) then take notice of (a declaration of) war from Allah and His MessengerÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦Ã‚  [74]  There is a saying from the prophet to prohibit riba even if it is a smaller amount. For example From Abu Burdah ibn Abi Musa: I came to Madinah and met Abdallah ibn Salam who said, You live in a country where riba is rampant; hence if anyone owes you something and presents you with a load of hay, or a load of barley, or a rope of straw, do not accept it for it is riba.  [75] Riba has been interpreted as any predetermined or assured interest payment on cash advances or on deposits.  [76]  One learned companion of Prophet Mohammed (peace be upon him) was reported to have said He who lends should not stipulate more than what he has lent, even a handful of fodder; for it is riba.  [77] The universal nature of these principles is seen even in non-Muslim literature. Some of the Major religions like Hinduism, Judaism and Christianity have prohibited Usury in principle.  [78]  It is to be noted that both Old and New Testaments in the Bible prohibits Usury.  [79]  For example, The Old Testament clearly says that If you lend money to my people, to the poor among you, you are not to act as a creditor to him; you shall not charge him interest.  [80]  Shakespeare and many other writers have expressed their anger against this unjust practice through their w orks.  [81]  Even though there are no specific verses in the Quran or messages from the Sunna providing reasons for the prohibition of Riba, some studies argue that Riba contradicts the principles of profit/loss sharing which aims to create a proper balance between the lender and the borrower.  [82] Different scholars have given different reasons for the prohibition of Riba; the following reasons given by Siddiqi are noteworthy; Riba is a form of social corruption referred to by Arabic scholars as Fasad. Riba implies the wrongful appropriation of other peoples property without justification. Riba decreases the resources of states through negative effect on the growth of economies. Riba demeans and diminishes the humanity of individuals. Riba leads to money being made from money: an unacceptable practice in Islamic finance. If people mainly depend on interest for their lively hood then they may be discouraged from working to earn money.  [83] Difference between Riba and Profit Ribha Profit Any income or earnings is collected above the principle amount of money lent which is fixed and doesnt involve any risk. The income and earnings are above the principle amount, but is not predetermined and always bear risk. A compulsory predetermined amount has to be paid by the client as interest to the bank for the money lent. No compulsory returns policy exists since profit is not known in advance. Interest is predetermined and so known to both of the parties thus avoiding contingencies. The element of contingency is present since profit from the business activity is not known to the parties until the end of the activity. Losses never occur since returns are pre determined. Losses are likely to occur since returns are post determined. Source: concept and Ideology Islamic banking some conceptual issues. Onlinearticlehttps://www.islamibankbd.com/islamic_banking_some_conceptual_issues.php accessed on 20/05/2011. B) Prohibition of Gharar: Literally Gharar means Risk or Hazard.  [84]  The term Gharar has been defined by many scholars but the following is noteworthy Gharar as the sale of probable items whose existence or characteristics are not certain, due to the risky nature which makes the trade similar to gambling.  [85]  Al-Dareer defines Gharar in jurisprudential terms under the following three headings: First, Gharar applies exclusively to cases of doubtfulness or uncertainty, as in the case of not knowing whether something will take place or not. Thus, Gharar is uncertainty over the existence of the subject matter of sale.  [86] Second view holds that Gharar applies only to the unknown, to the exclusion of the doubtful. Thus, Gharar in sales occurs when the purchaser does not know what he has bought and the seller does not know what he has sold.  [87]  The third view is a combination of the two categories above; as per this view Gharar finds where consequences are concealed. This is the view f avoured by most scholars.  [88]  However Muslim Jurists disagree on the degree of uncertainty in a transaction to be considered Gharar transaction.  [89]  It is noted that there is no explicit statement known in the Quran forbidding Gharar, it is well-accepted that it is forbidden.  [90]  But vanity (albatil) is forbidden in many verses. The Holy Quran says that; And do not eat up your property among yourselves for vanities, nor use it as bait for the judges.  [91]  O ye who believe! Eat not up your property among yourselves in vanities; but let these be amongst you traffic and trade by mutual good will.  [92] There is a consensus among interpreters of these verses that Gharar is vanity. Ibn Al-Arabi explains that vanity (al-batil) is unlawful because it is prohibited by Sharia such as usury and Gharar.  [93]  For avoiding Gharar Islamic Banks shall not to engage in speculative trade of shares, discounting of bills and trading in unidentified items.  [9 4] The underlying principle behind the prohibition of Gharar is to make sure full assent and satisfaction of the parties in a contract. It can be achieved only through full disclosure and transparency. The prohibition of Gharar protects unforeseen losses and the possible disagreements among the parties.  [95] C) Free from Maysir: The term maysir is defined as gambling, bets and wager.  [96]  There is unanimous opinion from Islamic scholars that maysir (gambling) and gharar are inter-related. So, wherever elements of gharar are present then maysir will also be there.  [97]  The essence of gambling is taking a risk deliberately created or invited to gain in that way.  [98]  In simple Maysir is an easy attainment of means by chance.  [99]  The Holy Quran clearly says that They ask you (O Muhammad) concerning alcoholic drink and gambling. Say: In them is a great sin and (some) benefit for men, but the sin of them is greater than their benefit.  [100] The element of Maysir is involved in a number of conventional transactions and bank schemes or products which Islamic banks have to avoid. For example some banks and corporations mobilize resources on the basis of lottery draws and prizes which come under the banner of gambling and are therefore prohibited.  [101]  Moreover for avoiding May sir Islamic banks should not deal with any instrument where coupons or tabs are given and inducement or incentives are provided by an uncertain and unknown event depending on chance.  [102] Islam does not promote a society where gambling and other similar activities support lively hood of the society. Islam aims to promote only a well- developed and healthy society where the hard work and real contributions of the individual in terms of quality, creativity, and service is acknowledged. It is because of the above reasons that Islam prohibits maysir.  [103] D) Prohibition of using or dealing in forbidden commodities: By virtue of Islamic jurisprudence people are allowed to invest money wherever they like subject to compliance with sharia. According to Sharia some commodities are prohibited which is considered as anti-social. So, Islamic financial institutions cannot engage any dealing with these commodities such as alcohol, drugs, pork etc.  [104] The rationale behind this is to promote ethical investments and to prevent the availability of anti-social commodities.  [105] E) Risk and Profit Sharing: The important Shariah maxim : Al Kharaj bi-al-Daman or Al Ghunm bil Ghurm means that one has to be prepared to bear loss if he wants to get any profit over his investment or profit has to be earned by sharing risk and reward.  [106]  The above maxims which legitimize one of the key principles of Islamic banking is known as risk and profit sharing. This principle is unique to Islamic Banking. Under conventional banking systems based on interest, the contracting parties share neither profit and loss nor risk.  [107]  The principle behind this concept is that the risk of related loss can not be separated from the ownership.  [108]  Under this principle transacting parties make a contract and invest their resources in a project in which they share the profit and loss. In most cases the profit shall be shared in a pre-agreed ratio while the loss is borne in proportion to the level of investment by the transacting parties.  [109] The risk-sharing between the investor and entrepreneur is promoted by Islamic Banks.  [110]  Under Islamic jurisprudence investment is considered as a real activity in terms of the profit loss sharing agreement not just confined to a mere financial or monetary transaction in which transfer of funds is the only activity  [111]  . Even though eliminating the risk sharing is prohibited by Islamic Law, it promotes the mitigation of known risk by taking adequate precautions.  [112] One of the main criticisms on profit- loss sharing system is that because of the difficulty to ascertain its asset value the bank can not be quoted by the stock exchanges.  [113]  The other criticism on this principle is that it is impossible for depositors who are indeed investors to assess the outstanding balance of the bank at the time of depositing their money thus exposing them to either profit or loss depending on the banks performance.  [114] The rationale behind this principle is that the results of any project cant be k nown with absolute certainty since there is a risk involved in any project given the uncertain nature of this world. In conventional banking system, whether the project succeeds or fails the owner of capital gets a predetermined return. By virtue of Islamic Law this kind of unjust distribution is not acceptable. In Islamic banking the results of the project shall be shared in an equitable way between investor and entrepreneur.  [115] 2.6 Difference between conventional banking and Islamic banking: Under this heading let us examine the significant features of Islamic banking system compare to conventional banking systems. Major difference between Islamic and Conventional Banking system Conventional system Islamic System The conventional system functions and operates based on secular principles. The Islamic system functions and operates based on Sharia rules. Interest on capital will charged on the basis of time value on capital. Interest is not charged as per Sharia rules. However profit on exchange of goods and services are shared based on a pre-agreed ratio between bank and client. Money is considered as a product. Money is considered as a medium of exchange. Because of non-existence of goods and services inflation may be created. Because of existence of goods and services no inflation is created. Interest will be charged by the bank even if the client suffers loss. When the client suffers loss, the loss will be shared between client and bank. Bridge financing and long-term loans lending are disbursed on the basis of Wando Dressed project feasibility and credibility of the entrepreneur. Before disbursing funds for a capital project, the capital good should come i n to existence. Risk sharing is not available. Islamic banks offer equity financing with risk sharing for a project or venture. Losses are shared on the basis of the equity participation, whereas profit is shared on the basis of a pre-agreed ratio. If the project has failed then the loan may be written off as non-performing loan. If the project has failed then the project can be taken over by the bank for a better management. Conventional banks may finance any lawful product or service. Islamic banks are allowed to participate only in those economic activities which are lawful as per Sharia. Conventional banks normally charge additional money (compound interest) in case of late payments or defaults indiscriminately. Islamic banks are not allowed to charge penalties for late payments or defaults. In conventional banking system the relation between bank and client is that of a creditor and debtor. In Islamic banking the relation between bank and client is that of a partner and investor. Conventional banks dont have any religious supervisory boards. Each Islamic bank must have a supervisory board to ensure that all its business activities are in compliance with Sharia. A conventional bank must be in compliance with the statutory requirements of the central bank of the country in which it operates. An Islamic bank must be in compliance with both the statutory requirements of the central bank of the country in which it operates and Sharia also. Sourceshttps://www.philadelphia.edu.jo/courses/Markets/Files/Markets/a%20(26).pdf accessed on 13/05/2011. 2.7 Conclusion: To conclude, Islamic banking is considered as an alternative to conventional banking system. Interestingly the concept and operations of Islamic banking system originated from 6th century AD however the modern banking system came into existence only 30 years ago. Therefore Islamic banking has shown continued growth since its establishment years ago however the fundamental concept that all dealings are in compliance with Islamic Law remains unchanged. There are some fundamental principles within Islamic banking which should be followed in all dealings. It is a fact that most of the religions and many great personalities clearly opposed the practice of Usury in principle. But it is to be noted here that only Islamic Law is strictly prohibiting Usury both in principle and practice. Islamic finance not only prohibits Usury but it puts forward a concept called risk reward sharing instead. Profit- Loss sharing under Islamic banking system is a unique feature of Islamic banking. Islamic b anking has widespread difference in comparison with the conventional banking system.