Reaching Effects Of The Gulf Oil Spill Environmental Sciences Essay

On April 20, 2010 an detonation occurred at the British Petroleum drill rig located in the Gulf of Mexico. The detonation at the drill rig Deepwater Horizon led to the Macondo good to leak out oil. This was to go the 2nd most detrimental environmental catastrophe in the universe and the worst environmental calamity in U.S. history. The United States Minerals Management Service ( USMMS ) recorded that eighteen out of 39 runawaies in the Gulf of Mexico are caused by cement jobs ( Kerr et al. , 674 ) . The destructive oil spill was either created by improper support with cement or a malfunction in the runaway preventer used to supervise the oil Wellss. Before the boring started, British Petroleum ( BP ) predicted that if the undertaking were to travel incorrect it would let go of about 162,000 barrels per twenty-four hours. When the undertaking did neglect the oil started to flux out at about 1,000 barrels per twenty-four hours so farther rose to 5,000 barrels per twenty-four hours ( Ke rr et al. , 674 ) . To halt the flow of the oil from the Macondo Well, Deepwater Horizon would hold to bore back into the sea floor to do a new hole and so make full the hole with clay to kill the flow of the oil. The procedure took about three months to decide and in this clip the undermentioned shorelines were affected: Texas, Louisiana, Mississippi, Alabama and Florida. The spill has affected biomes, ecosystems, nutrient ironss and carnal populations in all of these countries. A biome is a biotic factor characterized by clime and geographically belongings and the black spill hideously affected the marine biome, which intern annihilated two ecosystems: the coastal and Marine ecosystems. This death leads to the arrested development of effectivity of all nutrient ironss. Several anticipations can be made on how the environmental catastrophe will be affected from, five, 10 or twenty old ages from now. Many resources and environmental programs by the authorities and charity organisati on are in consequence to assist with control and to assist salvage the environmental by: acquiring rid of the oil spill, salvaging the animate beings and reconstructing their ecosystems in the different biomes. The Gulf of Mexico spill perilously affected the marine biome. As the oil start to lift and dispersants are added to the oil, they start to do the close shore soft deposits and the deep-sea deposits to decease out. Near shore soft deposits are beaches, salt fens, sea grass beds and mangrove swamps. They are extremely productive for ecosystems and consist of plentiful organic affair. The deep-sea deposits are boggy, flaxen countries chiefly located on the Continental inclines, Continental rises and abyssal fields ( Textbook ) . Estuaries and coral reefs are perceptive countries if impacted by oil rosin. They provide protection, eating, and populating for a many beings. About â€Å" 90 per centum of marine species in the gulf depend on coastal estuaries † largely located in Louisiana ( Crowley, 2010 ) . Louisiana was hit hard by the oil spill greatly impacting salt fens and barrier islands. The dispersants added to the oil causes it turn to tar balls which possible starts to loo k on beaches and stick to the workss. The big sums of oil on the coastal deposit will do the salt fen grasses and animate beings to decease out ( Kerr et al. , 962 ) . The oil sedimentations can harm the workss and causes the deposit to gnaw. If the deposit starts gnawing the workss will non travel through photosynthesis or gas exchange ( Kerr et al. , 675 ) . This may do the whole ecosystem to fall apart, because many beings may go unable to acquire nutrient and alimentary supply from the contaminated surrounding environment ( How Does the BP Oil Spill, 2010 ) . Harmonizing to the National Oceanic and Atmospheric Administration, research workers say that â€Å" direct contact with an oil spill may take to coral decease, but depending on coral species, growing signifier, life phase, and continuance of oil exposure ( How does an Oil Spill Affect Coral Reefs, 2010 ) . † Scientists say corals that are exposed at different concentration degrees of oil may kill coral but may non be instant. It would instead be a long-run consequence after the exposure has ended. Scientists are stating, the deep-sea corals are non affected by the oil spill and hardly touched by it ( How does an Oil Spill Affect Coral Reefs, 2010 ) . Steve Ross, a research worker from the Center for Marine Science at the University of North Carolina at Wilmington, says, â€Å" Originally, when we saw the flight for the oil spill and where it was traveling, we were really concerned that these home grounds would be impacted ( Skoloff, 2010 ) . † Ross and other research w orkers from his squad are carry oning a research to see if the corals have been damaged or will it be a long-run impact based on the reproduction rates. Ross said â€Å" We thought surely that†¦ we would see marks of harm and we ‘re really pleased to state so far, in these locations, we have n't seen a big graduated table harm to the coral home grounds. We ‘re still looking, but so far, it ‘s good ( Skoloff, 2010 ) . † As the marine biome are affected by the oil spill, this to boot affects two types of ecosystems in the country. The two ecosystems, marine ecosystem and coastal ecosystem, are extremely disrupted by the oil spill doing nutrient ironss to be non as efficient. The impact of the environment by dispersants of oil is greatly effectual, and the scientists are worried the harm would jeopardize the nutrient web ( Layers of Life, 2010 ) . In the Marine ecosystem, the oil started to flux out of the Macondo Well each twenty-four hours, it started to impact different Marine beds. The marine biome consists of four Marine zones, but merely three zones were affected by the oil spill: the epipelagic zone, mesopelagic zone, and bathypelagic zone ( Textbook ) . Microscopic droplets from the Macondo Well endanger the aquatic life. The heavier oil compounds would either absorb to the deposit or turn into pitch balls and rinse up to the shore or autumn to the seafloor. When dispersants are added to the oil, it breaks down the oil and forestalling it to come on land. The sunshine can assist extinguish the volatile oil compounds. As the huge figure of phytoplankton, fish eggs, and larvae are affected, they are an indispensable to giants, fish, and other beings. They are the bases of the nutrient concatenation life at the epipelagic zone. The microscopic oil and methane gas from the spill do the plankton to go hypoxic-depleted of O ( Bourne Jr. , 51 ) . As the phytoplankton is the bases for the marine ecosystem nutrient web, by being effected by the oil spill, the nutrient web would non be every bit efficient as it would be because other animate beings and beings are dependent on them. Marine scientist, Rob Condon, says, â€Å" You change the base of the nutrient web, it ‘s traveling to ruffle through the full nutrient web and finally it ‘s traveling to impact fishing and present a batch of contaminations into the nutrient web ( Brown and Masti, 2010 ) . † Like runt, pediculosis pubis, tuna, or ruddy snapper provender on phytoplankton, these animate beings would decease out b ecause the deficiency of foods in the system doing other animate beings to endure which will interrupt down the nutrient web. Pyrosomes are another indispensable base of foods for animate beings. If they are effected it would do a rippling in the nutrient web which would consequence on polo-necks and larger fishes ( Brown and Masti, 2010 ) . The ecosystem would get down to deteriorate because of the deficiency of foods and addendum eating for beings. Correspondingly the oil injuries sea birds, which the H2O soaks through their plumes, doing them cold, taking to hyperthermia, and harder to derive nutrient. The mahimahis are to endure from organ harm from take a breathing the toxic bluess or consuming the oil. As for the sea turtles they are at high hazard because they feed at the oil surface. The applied scientists try to utilize dispersants by the well so the sea birds and mammals are protected from the oil but on the other manus it can impact a Bluefin tuna or other fishes from the toxic consequence ( Kerr et al. , 675 ) . The counter current gas exchange would impact the fish because of less O in the H2O doing the blood to have O, which leads to the decease of fishes ( Textbook ) . Scientists from National Institute for Undersea Science and Technology ( NIUST ) with several other establishments will follow oil over the following couple months as it moves through the nutrient concatenation from individual celled algae to tuna fi sh ( Kerr et al. , 963 ) . As the concentration of the methane gas additions, there is a fright that there will be oxygen depletion making â€Å" dead zones † in the ecosystem where no marine life to can remain. The cause of dead zones is by algae start to organize where they feed on the foods of methane on high concentration. Bacteria so eat the algae, which causes the depletion in O. Marine life, such as fish, is non able to last in this environment which scientists called it â€Å" dead zones † ( McNulty, 2010 ) . The marine ecosystem is extremely at hazard due to the oil, gas or dispersants. With all the effects on the system it affects the nutrient concatenation and how the marine life is seeking to last utilizing other resources or migrating out of the oil spill environment. This affects how they would accommodate to new countries in the ocean. The Rhizophora mangle wood, fresh H2O, salt H2O environment to the coral reefs make a nourishment country and supply a home ground for wildlife and protection from the pollution. The coastal ecosystem is affected as the oil moves in closer to the shore. The animate beings such as birds, boodles, oysters and corals are extremely at hazard because of the toxic consequence in their system. As boodles and oysters can be a beginning of nutrient to other beings, like otters or worlds, which live around the coastal country will impact the nutrient concatenation. Similarly, animate beings that unrecorded by seawater fens, coastal prairies, mangrove forest and hayfields and are dependent on workss as a primary beginning of foods will be affected due to the deficiency of gas exchange and photosynthesis of the workss because of the oil toxic degrees in the workss. The coastal grass fens created for coastal Marine and mammals for life. The oil amendss water bird, polo-necks and marine mammals an d perchance embryos and larvae of invertebrates and fish ( Weise and Rice, 2010 ) . Additionally, the emmets, crickets, and spiders are of import factors of the coastal nutrient web. They aid in dirt irrigation, seed dispersion, pollenation and nutrient beginning. If the insect population survives so fish and birds will last. If the fish and birds survive the community will last besides, but if insects do non last the system will fall apart ( Bui, 2010 ) . Felicia Coleman, from Florida State University Coastal and Marine Laboratory in St. Teresa, says, â€Å" Panama City, Florida to Tampa, Florida is one of the largest bases of sea grass in the U.S. Those grasses contain likely the largest hatcheries and baby's room land for piscaries in the Gulf of Mexico ( Weise and Rice, 2010 ) . † This cause would impact the growing of new species of fishes and impact the nutrient web for consumers. There populating would be destroyed and would be difficult to accommodate to new countries due to the predation and environment. She besides says, â€Å" One of the last pristine, most biologically diverse coastal home grounds in the state is about to acquire wiped out. And there ‘s non much we can make about it ( Weise and Rice, 2010 ) . † There are legion beings that are affected by the spill. One animate being that is extremely diminishing in size of population are the pelicans, chiefly the brown pelicans. As of mid-July 2010, the U.S. Fish and Wildlife Service ( FWS ) , the brown pelican was hit the hardest by the oil spill about 50 eight per centum of the pelicans that were either dead or injured ( Tangley, 2010 ) . The effects of oil on the brown pelicans are really detrimental to the organic structure. As the oil sticks to the plumes, it starts to lose the sealing oils that maintain them from acquiring cold. As the oil start to rub off and deteriorate, the brown pelicans could decease from hypothermia. If a thick coat of oil sticks to the organic structure, the bird will non be able fly either doing it to rinse up shore and dice. When the brown pelican provenders on marine life in the sea, such as fish, it can consume little sums of oil if the fish is contaminated. If everything in ecosystem is contaminated with, the birds will non able to feed and feed at that place immature and do low reproduction rates because they would decease ( Rosenberg, 2010 ) . If the tendency continues, the whole population of brown pelicans would decease out and would be considered as being on the endangered list once more as they have 50 old ages ago due to DDT pesticides in the late fiftiess. The DDT pesticide resided in contaminated fishes, this causes the reproduction of eggshells. The eggshells are thinned and during incubation the eggs would accidently check by the parents, doing them low reproduction in the country ( Tangley, 2010 ) . Surveies say, when affected by oil, they have a low to good endurance rates depending on the country they live in ( Rosenberg, 2010 ) . Cleaning the environment of the ecosystem and the brown pelicans would increase the survival rate. The authorities and community have been addressed to the environmental crisis. The authorities should be involved in the oil catastrophe. The Environmental Defense Fund ( EDF ) has provided offer to the Obama disposal and Congress to retrieve the harm environment. Five stairss need to be taken: 1 ) to halt the flow of the oil and prevent making the shore, 2 ) design a long term clean up plan, 3 ) supply economic aid the fishermen, 4 ) proctor the short term effects of the spill by scientific research, and 5 ) supply a $ 4 billion budget to reconstruct the hundred square stat mis ecosystems. Obama has taken in consideration to go through a $ 4 billion exigency measure ( Crowley, 2010 ) . I truly suggest that the authorities should take this into consideration because it includes all parts of how the budget money would assist reconstruct the environment back to normal. Numerous AIDSs and financess were proposed authorities ; they should take a expression at the proposition and make the ir ain measure to assist with the oil spill calamity. I contemplate the British Petroleum should assist with the bulk of the financess of scientific research and assistance in Restoration of the environment. This would assist derive their regard back but plus assist the community and nature. The community should take in deliberation to be voluntaries and subscribe up with organisation to assist with attempts of the oil spill. They would assist clean animate beings, like birds, and the dust on the coastal shores, which will assist in the short-run effects of the ecosystem. The major organisations, such as: National Wildlife Federation, NOAA, Global Green and other organisations have been taken to consequence and assisting the damaged ecosystem. The community and organisations should work together to reconstruct the biome with the assistance of persons as voluntaries and the financess provided. Many scientists and research workers are assisting with the service of reconstructing of th e biome. They are carry oning research and experiments and how they can supply aid to repair the jobs. Expression at the long-run impact of the spill from five, 10, or twenty old ages from now will alter how the biome is working. Five old ages from now, the Restoration of the coastal land of workss and some animate beings will be conveying back the home ground to normal due to the fact the sunshine, H2O and heat will assist interrupt down some factors of the oil in the deposits, to boot aid of oil eating bacteriums ( Barcott, 71 ) . The marine ecosystem will still be damaged because of the monolithic sums of oil in the ocean, in different Marine zones. In ten old ages, some of the marine ecosystem, the epipelagic zone, will get down to better back to its normal map such as corals and animate beings reside in those parts of the system, because corals have a short-run consequence of the oil. As the twelvemonth ‘s advancement, in twenty old ages, half of the marine biome, the mesopelagic zone and some of bathypelagic zone, will be start map usually and the nutrient web will be effi cient, making an betterment of reproduction and survival rate of animate beings and beings.

HTTrack Essay

During this week I had the pleasure of using HTTrack. I found that HTTrack is a program that works like an offline browser and allows you to download a World Wide Web site from the internet. The downloaded site can be directed to a local directory, building recursively all directories, getting HTML, images, and other files from the server to your computer. I had HTTrack mirror the site www. certifiedhacker. com and it allowed me to browse the site from link to link, as if I were viewing it online. My local website compared to the actual website was very accurate. The links in the local website function just as well as the links in the actual website. The local websites structure is identical or very near identical to the actual website. As shown in the picture above HTTrack is transferring the data of the acutal site (www. certifiedhacker. com) to the mirrored site in my local directory. This tool can be used to allow an attacker to gather information about a target. When an attacker mirrors a site using HTTrack they will create an exact duplicate of the website which can be used to deceive the users of that website. For example, a hacker can mirror a site and use the mirrored sites login screen or applications to gather information about the website user. The user would enter sensitive data such as passwords, bank account numbers and credit cards, believing that the site is legitimate. All of this information is actually input onto the mirrored site and now the hackers have gathered information about their target.

Assessing The Strategic Human Resource Management Preferences Business Essay

Assessing The Strategic Human Resource Management Preferences Business Essay Number of growing organizations believes that Human Resource (HR) provides them competitive advantage. It was understood by many organizations that competitive advantage can be obtained by quality work force/employees and culture. Approach of linking Human Resource Management to Strategic objectives of an organization is called as Strategic Human Resource Management (SHRM) (Bratton and Gold, 2001). It was cited by Bratton and Gold (2001, p39) strategic management is defined as ‘that set of managerial decisions and actions that determines the long-run performance of a corporation’. Strategic HR ensures that employees/human capital of an organization contributes to its achievements with their skills and performance. Traditional HR is concerned with implementation of policies and techniques like recruitment, staffing, remuneration, assessment etc (Klabbers, University of Bergen). But linking the general HRM and the organization’s strategy gives HR department more sc ope to enhance the abilities of their workforce and concentrate on the vision and mission. This connection is made to improve the organization performance and develop organizational culture which in turn facilitates innovation and flexibility. Overall the key principle of Strategic HRM is to achieve organization’s vision and mission. Bratton (2001) describes SHRM as a continuous process that requires constant adjustment in three major areas namely Value of Senior management, the environment and the resources available. Fig 1: Three major poles in strategic planning (Adapted from Bratton and Gold, 2001) Some authors believe that Strategic HRM is an Outcome and some believe that it’s a process. It was cited by Bratton and Gold (2004) that authors like Ulrich (1997) and Snell et al had different opinion on Strategic HRM. Snell et al believed that it’s an outcome designed to achieve sustained competitive edge through quality workforce. Ulrich (1997) also stated SHRM as an outcome of mission, vision and priorities of HR department. HR strategies are more concerned about matching the Five Ps that stimulates the employee roles for competitive strategy (Bratton and Gold, 2004, p46 and Cerdin and Ashok Som, 2003). It was cited by Cerdin and Ashok Som (2003) that Strategic HRM is identified in three levels namely Strategic, Managerial and operational level. Strategic level looks to the long term future, Managerial level looks at the mid term and the operation level looks at the short term focus. Different models and approaches were discussed in this assignment to understand the functionality of strategic HRM and how far the organization able to implement it. Models and Approaches There are several approaches and models by which Strategic HRM can be applied but basic strategic HRM model is widely accepted by many authors, researchers and even critics as well (Kane and Palmer, 1995). This basic model is based on the external and internal environment a nd basic organization strategies. Fig 2 Basic Model of Strategic Human resource Management (Adapted from Kane and Palmer, 1995) Strategic HRM models demonstrate how an organization links its business strategies and HR function to achieve it goals. Though SHRM adopts resource based philosophy, there are three different models defined by authors (Bratton and Gold, 2004, p49). These models are Control based, Resource based and Integrative model.

Impact of an ageing population on the business environment and on Essay

Impact of an ageing population on the business environment and on business organization - Essay Example This conflict is therefore a major concern in the minds of economists and politicians alike, as this will put increasing pressure on the budget, and of a more fundamental concern, the likely slowdown in economic growth. With this conflict getting more and more fuelled by critics, Peter Costello has been forced to step in and put forward a resolution to this dispute. He has recently proposed a campaign to stop people from retiring early, allowing them to work past the current age restriction of 65. From the viewpoint of the individual there is a double gain. The longer you work before retiring, the more time you have to keep adding to your superannuation and your retirement savings. But, on top of that, the less time you spend in retirement, the longer your retirement savings will last you. (Barnett 2000, 69-74) From the viewpoint of the federal budget, the more people save before they retire and the later they retire after 65, the less the Government has to pay them in age pension payments and the less it has to spend on health care concessions and such like. If this policy is embraced by the aged, (who should very well be concerned about their financial futures), it will solve many of other conflicts in our society. One of these is that of elder abuse. Where the elderly are forced to take care of their grandchildren while the parents go out and endeavour careers. If the aged are working, then this issue will simply not arise. Also, due to their job commitments, muggings and violence against the aged will decrease and this will lead to greater satisfaction of life, and their general well being. (Tay 2001, 42-49) Also if they spend more time out in the workforce, they may be more susceptible to changes in technology as their work may require simple training in computer technologies such as the Internet. This will reduce the conflict of technology, in their future, enhancing their lifestyle as they take advantage of timesaving (maybe body-saving in their case) features of the Internet, like Internet banking. Also the issue of reluctance of employers to employ older people will significantly reduce. As they will KNOW that these people have 5-10 years extra left in them, hence they WILL give them that promotion and the respect which the aged so badly desire. It sometimes seems as though the aged have more than their share of critical emotional problems. They also sometimes have more than their share of psychological help at their disposal. And almost every helping procedure that effectively copes with human concerns is successfully applicable to the problems of the aged. Psychotherapy can be helpful to old people. Family therapy 'works'. Poetry and art therapy 'work'. Given the skill and sensitivity of the clinician - and the willingness to provide a service to an old-person - therapies of many types can be successful. (Barnett 2000, 69-74) But, although resolving many financial and emotional issues for the aged, this policy still doesn't account

Research about social Impact of Flooding, Building regulation of Case Study

Research about social Impact of Flooding, Building regulation of flooding at King's Lynn in the UK - Case Study Example 17). As a result, Colonel John Armstrong surveyed the river in 1724 and suggested for the construction of drainage works. However, John Smeaton opposed this idea suggesting that it was important for banks to be moved inwards in order to create a narrower and fast-flowing channel. The eastern part of the England Region, which is among the largest English regions, has a population of about 5.5 million people. It stretches from the northern fringe of London to the northern part of Norfolk coast. The region is includes counties of Suffolk, Norfolk, Cambridge shire, Hertford shire and Bedfordshire. The East of England Regional Assembly (EERA) has the primary responsibility for the spatial planning mainly at the regional level (Gardine & Matthews, 2002, p. 21). Housing development forms the main component of urban development as well as house allocation forecasts. The allocation forecasts are for local planning authorities and sub regions. The forecasts give an indication of areas that are likely to be hit by floods. These are likely to be constraint to growth but where there is large scale urban development, the floods are likely to cause an adverse effect. The coastal towns in Norfolk, Suffolk, Lincolnshire and Essex are battered when the sea waters surge into the streets. As a result, the floods cause devastating effects on people living in these areas. Emergency services always struggle to cope and many residents are displaced and forced to spend nights on rooftops as they await rescue. In addition, as the sea level rises, the lower part of Thames estuary is always at risk of flooding. Consequently, housing, industry and farmland are destroyed (Gardine & Matthews, 2002, p. 24). The floods have caused serious financial damage to people living in this are. Many houses and other property costing millions of euros are always destroyed in a single flood. For example, in the 2009 flood, it destroyed over a hundred buildings in Norfolk and Essex. These

Mosque being built by 911 sight Essay Example | Topics and Well Written Essays - 1000 words

Mosque being built by 911 sight - Essay Example The panic created by the 9/11 incident was slowly disappearing at present. However, reports about the construction of a mosque at ground zero are causing disturbances to the Americans at present. Chelsea Schilling (2011) has pointed out that â€Å"a new Islamic mosque will open its doors just steps from Ground Zero where Muslim terrorists murdered 2,751 people in the name of Allah on Sept. 11, 2001 (Schilling). There are different opinions about the construction of a mosque near ground zero. This paper argues against the construction of a mosque at 9/11 site. Supporters of mosque construction at ground zero argue that since America is a secular democratic country, Muslims have the right to construct a mosque anywhere in America. They are of the opinion that building a mosque at 9/11 site will improve the credentials of America as a secular nation. The above argument seems to be illogical. America’s secular credentials are already established since Americans shown no hesitatio n in electing a president of Muslim origin even after the 9/11 incident. The current president Obama has Muslim origins. It should be note that the in India which is believed to be one of the largest secular democracies in the world, the Hindu fundamentalists opposed the election of Sonia Gandhi as their prime minister. It should also be noted that the â€Å"leading imam, who conducts sensitivity training sessions for the FBI, has reportedly blamed Christians for starting mass attacks on civilians† (Schilling). In other words the Muslim community in America still has no regards to the victims of 9/11 incident and it is difficult to expect mercy from them in future also. The second argument in favor of constructing of a mosque at ground zero is that a Mosque at ground zero will help America to regain the lost confidence of Muslim community in America. Many people believe that a mosque at ground zero is the positive sign in strengthening America’s relations with the Musl im world. The above argument is also meaningless. It should be noted that there are many mosques functioning at different parts of America. Moreover, none of the mosques in America suffered any damages even after the destruction of world trade centre and the killing of thousands of innocent people. â€Å"Many have complained that it would be insensitive to have a huge mosque two blocks from the site that became the burial ground for victims of the 9/11 terror attack by Muslim militants of Al Qaeda†(Sanchez). Nothing more can be done to the relatives of the victims of 9/11 incident as a harassment, if the authorities go ahead with the construction of the mosque. According to New York Mayor Michael Bloomberg â€Å"the mosque will help to bring our city even closer together and help repudiate the false and repugnant idea that the attacks of 9/11 were in any way consistent with Islam" (Loffee). American leaders are trying to strengthen the relationships with the Islamic communit y in a diplomatic manner. However, they are forgetting the fact that diplomacy will never win over fundamentalism. Strengthening Islamic culture in New York like big city will make different citizens in New York. Muslims will try to enforce their religious beliefs even in their social life which may create problems to other religions. Shariah laws, which are the fundamental laws of Muslim belief, will be enforced in Islamic culture and the effects of these laws may reflect in the life of other people as well. In

Managing Human Resources Bachelor Essay Example | Topics and Well Written Essays - 500 words

Managing Human Resources Bachelor - Essay Example The following topics that NL&C needs to include in a Comprehensive Management Training Program are as follows: Seminar Workshop on Recruitment of Employees, Orientation on the Employees Benefits from the Company's Progressive Profit-Sharing Plan, Capability Enhancement Training for Employees in the Management Positions, Orientation Workshop on Collective Bargaining, Harmonization and Team Building Activities and lastly, Leadership Training. Since, as the Human Resources Director, I just joined the organization two months ago, I will make use of the available data, observations and on several areas noticed from the first couple of months with NL&C that need development or redesign in assisting the would-be resource persons in coming up with training modules for each components that are customized to the NL&C. The Human Resources Department was established by the president since the company has grown to the point of needing that department. Hence, the above topics are brainstormed and conceptualized. The Comprehen

Using a UK retailer of your own choice, assess their Own Brand Essay

Using a UK retailer of your own choice, assess their Own Brand strategy - Essay Example The retail business is highly related to the perception and preference of customers. Sainsbury’s in order to develop its brand strategies has become completely customer oriented and has adopted strategies accordingly. The market share of Sainsbury’s in the year 2011 first quarter is estimated to be around 16.5 percent (Shannon, 2011). The market position of Sainsbury’s is quite strong in London as well as South East. It is observed that the retail branding is generally a customer oriented approach. The five major areas where Sainsbury’s has recognised growth were ‘great food at great prices’, ‘greater number of complimentary food chain’, ‘reaching maximum customers by means of extra channels’ and ‘increasing the space of supermarket’ along with ‘active property management’. These strategies have helped the retail store to sustain itself in the third position. Sainsbury’s possesses two formats of stores namely traditional super market stores and convenience stores (Li, 2008). The retail business strategy is different from the strategies of other businesses. In this paper, the brand strategy in retail sector has been discussed. The paper seeks to discuss about the brand strategy of Sainsbury’s. The brand strategy developed by the company in their retail business enables it to acquire more customer loyalty and this aspect has been highlighted in the paper. The importance of this strategy in fulfilling the need and expectation of customers has also been included in the paper. The paper also comprises of the relationship between services of the company and the need of customers. 2.0 Retail Branding The retail branding is considered as a well known concept in present scenario. The business in retail industry is growing rapidly and generating more chains of businesses. The branding of retailers is different from other product brands. The retail branding is genera lly ‘multi-sensory’ and it is developed by focusing on the knowledge of consumers. The brand image is adopted in different ways in this type of business. In the retail outlets there are various attributes that act as persuading factors for consumers such as quality of products, brands that are sold, services, appearance of store, the price level, behaviour as well as service of employees among others (Ailawadi & Keller, 2004). The business of retail industry is based on their adaptation towards the trends of society as well as taste of customers for new products. This adaptation generally influences more consumers. There is a chance of retail business to be eliminated from the society if it is incapable to fulfil the requirement of market. In this type of business, major focus is provided towards the customers as they are directly linked to the product of the stores (Mansoory & Mehra, 2010). 3.0 Strategy of Sainsbury’s The brand of Sainsbury’s was essentia lly developed with an intention to provide customers with healthy, fresh, secure and delicious foods. The company has focused towards various approaches before adopting strategies. Their main focus has been on quality, fair price, fresh food, innovative food and other product lines. Based on these aspects, the company developed its strategies to fulfil customers’ expectation (J-Sainsbury, 2010). The strategy of the company is principally based on the five areas and based on this strategy, brand image is developed. It also provides emphasis on the five selected strategies so as to enhance their business and retain customers (J-Sainsbury, 2010). In the first strategy of ‘great food at fair price’ the company has an intention to provide healthy, fresh, safe and tasty food and thus it has continued to make innovation in their product. These innovative products facilitate them to be a leader in delivering the quality products at fair prices (J Sainsbury Plc, 2011). Th e main focus in this strategy is to provide extreme importance on

Management Challenges by HRM managers Essay Example | Topics and Well Written Essays - 1500 words

Management Challenges by HRM managers - Essay Example This paper illustrates that for the past four or five decades, the competition in the market has reached its intense possible levels. The market is becoming a ruthless place where there is no room for mistakes. Increased customer awareness, technological advances, globalization, ethical concerns, new competitors, and many other factors made life a tough job for many firms. In this scenario, they had no choice but to find ways through which they can possibly reduce their costs and increase their productivity at the same time. This started a new revolution in the field of management that asked managers to increase the productivity of their employees make sure that they work to their full potential in an effective and efficient manner. â€Å"High-performance working† and â€Å"performance management† are the products of this same ideology. The rest of this paper focuses on how human resource managers can implement â€Å"high performance working† in their company. Th ere has been a lot of research on this topic and tons of data is available in this regard. Moreover, high-performance working has several possible dimensions. This paper focuses only on a few those that are vital factors in the eyes most of the authorities. Employee motivation is one of the foremost sources of increasing employee productivity. It is quite understandable that highly motivated employees in most of the cases are the highly productive ones. Google has been bearing enormous costs for motivating its 19,865 employees. Insurances, chefs, sick leaves, parental leaves, transport facility, tuition reimbursements, on-site facilitates of a gym, saloons, car wash, saloons, swimming pools and many more are just a few to mention. By doing all this, Google has just one thing in mind, employee satisfaction. Google’s HR people seem to understand and have full faith in the fact that â€Å"employee satisfaction is the prerequisite of customers satisfaction†.

Improvement of Writing in the English Course Essay

Improvement of Writing in the English Course - Essay Example   The first aspect of improvement was noted was with regards to use and misuse of certain types of observation. For instance, many of the sentences that were exhibited in the essay in question showed no sign appropriate modulation for defendant and the clauses. This is, of course, a problem due to the fact that without proper punctuation for longer sentences, a danger of run-on sentences is created. Moreover, without clear punctuation on the sentences, it was possible for the reader to become lost in this the main point of what was being stated. A further issue was noted with regards to the way in which, as were used. This was probably partly out of fear that they would be used incorrectly if used at all; however, without utilizing proper comments within the paper, the flow and main points they were attempting to be related to the reader were almost invariably lost. Although these two aspects of punctuation with the most common, there was also the technical problem exhibited on mor e than one occasion of the subject for agreement. This is, of course, an issue that many non-native speakers struggle to exhibit in their work; yet, it is something that I found is been greatly improved during this particular course. More than merely gaining a better understanding of what birds should be used in what way with which subjects, the better identification of how this course is helped educate me is with regards to the fact of how I am almost nearly always aware of the fact that I need to focus upon this aspect of writing.... of what birds should be used in what way with which subjects, the better identification of how this course is helped educate me is with regards to the fact of how I am almost nearly always aware of the fact that I need to focus upon this aspects of writing. From the non-technical standpoint, the writing in the previous essay exhibited a clear lack of flow and organization. It is easy to argue that one of the most important aspects of any essay is not linked nor the level of language that is use; rather, it is the ability to assist sinks we and clearly state what the main points are and relate them in an organized and coherent manner. This is does not mean to say that the essay was completely disorganized or without any sense. Instead, what was noted after a careful review of the essay was the fact that it oftentimes displayed a wondering style and did not adhere to the points of the thesis topics of each and every paragraph. Instead, additional information that was somewhat tangentia lly related to the subject matter was oftentimes included as an aside. More than merely being distracting, this practice led to the essay losing overall coherence and not being able to express itself adequately to the reader. As a means of correcting such a practice, I’ve come to the realization that it is absolutely necessary to outline each and every essay prior to writing and be forever mindful of topic sentence and thesis sentence for each and every paragraph. This helps the writer as a means of staying on point and fully developing the ideas at hand rather than rushing on to new and unrelated information. Another aspect of the students writing that is greatly benefited from the English course is with regards to the level of broad and otherwise unsubstantiated statements that were

Reactivity of Metals with Water and Acid Essay Example for Free

Reactivity of Metals with Water and Acid Essay Introduction This report discusses an experiment to study the relationship of the physical and chemical properties of elements in groups and periods to the atomic structure of the elements. The objective of the experiment is to observe what happens when seven metals (magnesium, calcium, iron, lead, copper, aluminum, and zinc) are placed in water and/or hydrochloric acid. The hypothesis is that not all metals will react with the water and/or hydrochloric acid. This report presents the experiment’s procedures, results, analysis and questions. Purpose To observe relationships between the reactivity of elements and their location on the periodic table. Materials Part A: Reactivity of Metals in Water 1. 2. chemical safety goggles 3. 250 mL beaker 4. test tube (18 mm x 150 mm) 5. test-tube rack 6. scoopula 7. spark lighter 8. Bunsen burner clamped to a retort stand 9. test-tube clamp 10. pH paper 11. paper towel 12. small samples of 1. calcium, Ca(s) 2. magnesium, Mg(s) 3. copper, Cu(s) 1. wooden splint Part B: Reactivity of Metals in Hydrochloric Acid 1. 2. chemical safety goggles 3. 20 mL graduated cylinder 4. 4 test tubes (18 mm x 150 mm) 5. test-tube rack 6. scoopula 7. small samples of 1. magnesium, Mg(s) 2. iron, Fe(s) 3. zinc, Zn(s) 4. aluminum, AI(s) 1. dilute hydrochloric acid (0.5 mol/L) 2. spark lighter 3. Bunsen burner clamped to a retort stand 4. paper towel 5. wooden splint 6. masking tape or test-tube stopper Procedure Part A: Reactivity of Metals in Water The materials were selected and brought to the station. Safety protocol was followed and safety glasses were worn throughout the experiment. The appropriate data tables were drawn in which to record the data observations. The beaker was filled with approximately 250 mL of tap water. The water was tested with pH paper and the results were recorded. On a folded piece of paper towel, the professor placed a small piece of calcium (Ca). Observations of physical properties were recorded. A test tube filled with tap water was placed, mouth down, into the beaker (figure 1) and the calcium was placed in the beaker(amendment: the original procedure asked to select a metal that produced a gas to collect the gas after first attempting the procedure. To avoid wasting time, the gas [if there was] was collected on the first and only attempt). The reaction was observed and recorded. After the reaction was complete, the water was tested with pH paper. This procedure was repeated using samples of magnesium and copper. All results were recorded. The test tube was extracted from the beaker and without flipping it, was placed mouth down in the test tube rack. Using a spark lighter, the Bunsen burner was lit and a wooden splint was lit from the flame. The burner was turned off. Using a test tube clamp, the test tube was lifted and with it’s opening at the bottom; the burning splint was inserted into the mouth. Observations were recorded. The splint was extinguished with water from the tap and all waste was disposed of. Part B: Reactivity of Metals in Hydrochloric Acid The materials were selected and brought to the station. Safety protocol was followed and safety glasses were worn throughout the experiment. The appropriate data tables were drawn in which to record the data observations. A graduated cylinder was filled with approximately 20.0 mL of dilute hydrochloric acid. 5.0 mL were poured into four clean test tubes, which were then placed on the test tube rack. On a folded piece of paper towel, the professor placed small quantities of magnesium, iron, zinc, and aluminum. The physical properties of each of the metals were recorded. One at a time, each of the metals was carefully dropped into a different test tube of hydrochloric acid. Reactions were observed for a 20 minute period (amendment: because of the lack of time, reactions were only observed for five minutes) and observations were recorded. Masking tape was used to lightly cover the test tube in order to collect gas from the elements that bubbled in the acid. After the reactions were complete, a wooden splint was lit using a Bunsen burner and the masking tape was removed. The glowing splint was held just inside the mouth of the test tube. Observations were recorded and the waste was disposed of. Observations Part A: Reactivity of Metals in Water Element Calcium Magnesium Copper Physical properties Solid, silver, metallic, soft Long, thin, solid, smooth, malleable, silver, shiny Thin, solid, malleable, bronze in colour, shiny Reaction Upon putting the calcium in water, it bubbled and released gas. The water in the test tube was displaced when it was held above the calcium while it was reacting pH before reaction: 7 pH after reaction: 8/9 There was no reaction when the magnesium was placed in the water, therefore no gas. There was no reaction when the copper was placed in the water, therefore no gas. Part B: Reactivity of Metals in Hydrochloric Acid Element Zinc Iron Aluminum Magnesium Physical properties Solid, shiny, silver in colour Rusty, small individual solid flakes, dull Powder, grey/silver Long, thin, solid, smooth, malleable, silver, shiny Reaction Slow reaction, but it eventually started to bubble. Very slow reaction. Few bubbles were produced. Though there was no observed reaction from the aluminum and the hydrochloric acid, further research shows that it does react. It releases heat and the water evaporates. Upon putting the magnesium in the hydrochloric acid, it quickly started to bubble and fizz. Throughout the observation, it also releasedlots of heat. Analysis The objective of the experiment was to observe what happens when seven metals are placed in water and/or hydrochloric acid. Calcium, magnesium, and copper were all placed in water and of the three, only the calcium reacted. Zinc, iron, aluminum, and magnesium were placed in the hydrochloric acid. There was a reaction in every test tube, but the magnesium showed the greatest reaction with iron being the least reactive to the acid. Even though the metals may be in the same period, how it reacts to the water or hydrochloric acid depends on the type of metal. Error(s) When the lit splint was held just above the mouth of the test tube with the magnesium, there was no reaction, unlike the high-pitched popping sounds emitted by other groups’ experiments. Perhaps this is because the masking tape was removed from the mouth of the test tube minutes before the wooden splint was lit, giving the collected gas enough time to diffuse. A reason for the zinc and aluminum not reacting with the hydrochloric acid could have involved dirty glassware or the lack of time allowed for observation. Conclusion The purpose of this lab was to explore the patterns in reactivity in the periodic table. Through careful observation and planning during this experiment, the hypothesiswas deemed successful. Not all metals react with water and hydrochloric acid. Questions 1. Rank the elements tested in Part A from least reactive to most reactive. 1. From the elements tested in Part A, calcium reacted the most with water (it produced hydrogen), while both copper and magnesium did not have a reaction. 1. Sort the elements that you tested into groups. State the apparent order of reactivity as one proceeds down a group. Does reactivity increase or decrease? 1. Group 2 (alkaline earth metal): magnesium, calcium Group 8: iron Group 11 (coinage metal?): copper Group 12: zinc Group 13: aluminum For the metals, the reactivity increases as one proceeds down the group. This is because it is easier for electrons to be given farther down the periodic table. 1. Sort the elements that you tested into periods. State the apparent order of reactivity as one proceeds across a period. Does reactivity increase or decrease? 1. Period 3: magnesium, aluminum Period 4: calcium, iron, copper, zinc For the metals, the reactivity decreased as one moves from left to right across periods, because it is easier for electrons to be taken away farther to the left of the periodic table. 1. Is the solution that is produced when a metal reacts with water acidic or basic? 1. The solution that is produced when a metal reacts with water is basic, because the pH increased. 1. Based on your gas test observation in Step 16, what gas is produced? 1. Based on the gas test observation in Step 16, hydrogen gas is produced. This can be determined by the ‘squeaky pop’ sound that is heard when the lit wooden splint is placed at the mouth of the test tube. 1. Rank the elements tested in Part B from least reactive to most reactive. 1. In part B, copper would be the least reactive, because there was little-to-no reaction with it and the hydrochloric acid. Iron is the second least reactive, as its reaction was slow but there were a few observed bubbles. Zinc would be the second most reactive and magnesium the most reactive, with a quick reaction and the plenty of heat that was released. 1. Does the reactivity increase or decrease as one moves across a period of elements? 1. As one moves across the periodic table from left to right, for the metals, the reactivity decreases, this is because the farther to the left, the easier it is for electrons to be given or taken away. But for the non-metals, the reactivity increases(excluding the nobles gases), because the farther right, the higher the electronegativity, resulting in a greater exchange of electron. 1. Based on your gas test results, what is the gas produced in these reactions (Steps 16 and 25)? 1. Based on the gas test results and the similar ‘squeaky pop’ sound the elements emitted, the gas produced from the magnesium and hydrochloric acid reaction and also the calcium and water reaction is hydrogen gas. 1. Does the reactivity increase or decrease as one moves down a group of elements? 1. As one moves down a group of elements on the periodic table, for the metals, the reactivity increases, this is because the farther down, the easier it is for electrons to be given or taken away. But for the non-metals the reactivity decreases as one goes down because the farther up, the higher the electronegativity, resulting in a greater exchange of electron. 1. Evaluate this investigation. Did the design enable you to collect enough evidence to answer the questions? How could it have been improved? Would your suggested improvements raise any safety concerns? 1. The design was decent, but it did provide all the evidence needed to answer all the questions; a few of the questions required further research. I think the investigation could have been improved by writing clearer instructions and being more descriptive to avoid confusion. Also, students should be able to experiment with different metals to help them expand their understanding of the reactivity of metals in water and hydrochloric acid (this may raise a few safety concerns). 1. Predict what might happen if you were to drop a piece of potassium (or lithium) into a beaker of water. 1. Because potassium is an alkaline metal (lithium as well), it is extremely reactive. I predict that dropping it in water would cause it to react quickly and intensely, and produce hydrogen gas. 1. Connect the trends observed in Parts A and B to atomic radius, ionization energy, and electron affinity. Write a paragraph to explain the trends. 1. The elements moving from left to right across a period, the atomic radius decreases, as does the ionization energy(the nucleus of the atom gains protons).The atomic radius increases moving down a group, but the ionization energy decreases moving down a group (gains protons and new energy shells of electrons).And opposite to the ionization energy, electron affinities increase from left to right across a period. Electron affinities change little moving down a group, becoming slightly more positive.

Ohio State University Essay Example for Free

Ohio State University Essay I believe that I would be a positive addition to the Ohio State University community because of my varied background and experiences. My personal background is itself diverse and has given me the perspective of belonging to two cultures. I was born in Korea but came to the United States during my childhood and attended high school in this country. This was initially challenging but I adapted well, and I consider it a valuable experience in my life because it immersed me in a different culture and language. After high school, I returned to my native Korea to fulfill my military obligation and served for three years. I matured considerably during this period, and I believe that my time in the service prepared me well for the demands of university life. I want to attend the Ohio State University because I consider it an excellent institution, and my life experiences have let me develop several necessary character strengths. Being raised in two distinctly different societies has given me a unique perspective on cultural diversity. Also, I have a strong academic background and, thanks to my military service, I have developed a strong work ethic and a mature character which will let me participate meaningfully and effectively in university life. I consider myself a capable, mature, disciplined individual, and being a student at Ohio State will give me the opportunity to develop these characteristics even further and let me be a productive and positive addition to the university community.

Case Studies On The Importance Of Oral Care

Case Studies On The Importance Of Oral Care This submission is going to focus on the nursing care that I gave in one placement simulation and two consecutive shifts on placement, placing emphasis on oral care, medication management and communication. It will outline the fundamental aspects of clinical nursing skills that have taken place in my setting. This will also highlight the learning process taken place and how it helped me to enhance my knowledge, and ethical values in order to deliver quality and safety of care. Using other sources of current literature, I will use a reflective model to discuss how I have achieved the necessary level of learning outcome. By utilising this model I hope to demonstrate my knowledge and understanding in relation to these skills as well as identifying areas with scope for learning. Reflection is the process of reviewing an experience in order to describe analyse, evaluate and so inform learning about practice (Reid 1993). Gibbs (1988) model of reflection will be used as a framework, because it focuses on different aspects of an experience and allows revisiting the event fully. By contemplating it thus, I am able to appreciate it and guided to where future development work is required. For confidentiality purposes the patients real names will not be used and will be referred to patients as B and R. This is in line with the (NMC, 2008) requirements to maintain confidentiality at all times. A diary is supported in this assignment as an appendix within the time of the process. The reflective model I have chosen to use as guidance is Gibbs (1988). The care of a patients mouth forms an important component of assisting hygiene needs and yet is a nursing skill which is not always afforded the attention it fully deserves (Evans, 2001) Description I was part of a placement simulation group which went to the multi-skills laboratory to practice delivering and receiving oral hygiene. I was assigned a colleague to brush his teeth using a toothbrush and paste. I put on gloves to pre vent contamination (NICE 2003). Seeking his consent, I undertook a brief visual assessment of his mouths health. I then put him in a comfortable position so that he could tolerate the wash. Thereafter, I cleaned all-round the mouth, gums and tongue. I finished off by helping him to rinse his mouth with mouthwash. I treated my partner as though he was physically unable to hold the brush himself to scrub his own teeth, but he was able to communicate with me and was able to assist me in terms of spitting and gargling with water at the end of the procedure. Feelings When first informed that I was expected to undertake this task I felt anxious and concerned. I was aware that I had not brushed anyones teeth outside of my family before and that the mouth is an intimate and personal part of the body which is not usually exposed to anyone other than myself or the dentist. I was concerned about how my partner (whom I did not know well at that stage) would react to me examining his mouth. Writ ers have described such intimate physical assessments as creating a potentially intrusive situation (Lewis 2006, Sturdy 2007) which might cause the patient to feel uncertain and inadequate. I was also concerned that my own anxiety was shared by my partner who also appeared embarrassed and awkward at the time. This anxiety was increased when during the procedure my partner began to cough as though distressed. This caused me to feel hesitant about continuing- a situation recognised by Millon (1994) as a common response for carers to such an experience, although I persevered with his cooperation. When the task was completed I felt comfortable with my performance overall. Evaluation What was good about the experience was that, despite being aware that this role is often delegated to health care assistants (Kelly et al 2010), I was able to deliver a fundamental component of essential nursing care (Essence of Care 2003) quite effectively. The experience helped me to appreciate that oral c are provides any nurse with an ideal opportunity to undertake a thorough physical, emotional and cognitive assessment of a patient (DOH, 2001). I was satisfied delivering this aspect of care without harming the patient as no injuries were sustained (having I checked his mouth prior to and after cleansing). Also, I was pleased to have an opportunity to improve my communication skills through the delivery of this skill and to understand the impact that this might have on the development of a therapeutic relationship with future patients. From my colleagues reaction and feedback, I understood how feedback is an important learning tool. Despite my discomfort during the undertaking of this task, the experience highlighted the potentially complex problems I might have to solve in the provision of care needs to patients for whom I may not have had contact with before. Analysis Administration of this clinical skill involved undertaking an assessment of my colleagues mouth before delivering any care in order to help determine the most appropriate means of delivering oral care. Malkin (2009) asserts that this is a critical component of the procedure and was one I was keen not to overlook. The World Health Organisation (WHO 2010) describes a healthy mouth as being free of chronic mouth and facial pain and in the situation described; this is the condition I found my partners mouth to be in. I was therefore happy to proceed with cleaning his teeth as instructed. I selected to use a soft bristled toothbrush and toothpaste. The use of these adjuncts are described by many writers as being the most appropriate in terms of removing plaque and preventing trauma to the gums (Holman et al 2005,McCauliffe 2007).Despite this it has been identified that they are also most often not selected by nurses who appear uncertain about most effective evidence based practice ( McAuliffe 2007). Conclusion Clearly, mouth care is important and that, nurses have a role in assessing and maintaining it (Malkin, 2009).The task identified the role of the nurse in providing encouragement to the patient whilst delivering oral care. His weakness created a sense of dependency upon me and necessitated the utilisation of good communications skills on my part to complete the task properly. It has raised my awareness the effects of nursing interventions on others within my practice. Action Plan At the moment, I read more books a day than practice. My aim is to be proactive in the future by promptly opening up through total participation and doing more practices by brushing my teeth on regular basis. I would consider brushing others also and allowing them to brush mine in order to become familiar with areas that are often not well attended to. Keeping up to date with evidence based principles of practice will be maintained through the scrutiny of journals that refer to this aspect of care. I will take care to remember my feelings when providing and receiving oral hygiene before deliverin g it to patients in the future. Recognising the potential for embarrassment and awkwardness I will ensure that I treat the patient with sensitivity and discretion at all times. Administration of medicines is a key element of nursing care (Audit commission, 2002,). Therefore, one is accountable for the administration of medicines. Description I shadowed my mentor during the process of dispensing medication and knew that my role as a student nurse, each registered nurse is accountable for his/her practice. As a student it is important to seek consent from the patient before any care is given which I did. I went to the treatment room with my mentor and prepared for medication for morning. During the process of medication there are important nursing protocol steps to follow. Firstly, I checked order, assessing client, label medication, provide information to the client, check the medication when dispensing and record in the patients prescription chart. Patient R was present and I offere d him a cup of water along with the Clozapine 300mg in another cup. Before I came in contact with the patient, I read their notes and the medication they are on. This gave me the baseline whether the patients comply with medication and the reason why they do not comply. Feelings The routine for prescribing medication may be different in various clinical settings. Although I have participated dispensing medication, I felt nervous and did not want my patient to see this as a weakness. (Butler, 1991,) warns us that when our self-talk is negative, we are carrying around toxic environment for ourselves everywhere we go. My mentor took the role to encourage me by assuring that I was doing fine, talking me throughout the procedures of medication management. I had brief knowledge about medication and this gave the opportunity for my mentor to question my knowledge about the right dose, time, route, right patient and right drug. My role as a Nurse is to record and report deterioration improv ement and takes appropriate action for his treatment to care. Patient R felt that he did not need medication because he is not mentally ill. This was a barrier because he had no insight and it leads him to deteriorate with compliance. Evaluation This practice includes preparing, checking and administering medications, updating knowledge of medications, monitoring the effectiveness of treatment, reporting adverse drug reactions and teaching patients about the drugs that they receive (NMC, 2008). The (NICE, 2008,) guidelines state principles for the administration of medicines that treatment and care should take into account patients needs and preferences and patients should have the opportunity to make informed decisions about their care and treatment, in partnership with their healthcare professionals. The staff discussed his presentation to healthcare professionals in the Muti-disciplinary team (MTD) if they could change his medication time and dose as he presents lack of motivatio n and sedation. People with schizophrenia should have the opportunity to make informed decisions, including advance decisions and advance statements, about their care and treatment, in partnership with their healthcare professionals.(NICE, 2008,) This is the importance of communication working as a team within the MDT. Analysis Administrating drug medication is one of the most critical nursing responsibilities for both legal reason and safety patients. Hand washing was important protocol the infection control policy as hands are source of infection and hand washing would break the chain of infection. Patient R is on Clozapine. The use of this atypical antipsychotic licensed to people who are resistant to or intolerant of other antipsychotic drugs due to the potentially the use of adequate dose of two different antipsychotic agent. Clozapine can lower the number of white blood cells that help to fight infection (BNF, 2008,). Before initiating Clozapine, patients should have a history and physical examination. For example, if the patient has a history of cardiac illness, it is important that you have regular blood tests. The reason behind this is because, if white blood cells count falls below accepted lower limit are classified as Red alerts medication must be withdrawn, and any other prescriber in the future wishing to restart medication are aware of the patients haematological history. Once a week I would go with the Patient to the Clozapine clinic to have blood test done and to monitor his potential side effects of psychiatric drug treatment. Patient R was presenting various side effects sedation, drowsiness which makes him less motivated to get out of bed for his medication leaving him to forgetting the mornings. Conclusion Not all non-compliant choose to reject medication; it may be because they forget to take them and this may be cognitive confusion. Intolerance of various side effects is the most common cause of clients discontinuing medication use (Tayl or et al 1997). It is important to remember that the symptoms can fall into a number of different categories, so patient like to be told their diagnosis and what is wrong with them (Blenkiron, 1998,). This area was one of my weaknesses, and I asked my mentor the importance of the Clozapine clinic and how it is associated with regular blood monitoring. I learnt that in order to attend regular visits, all patients must have normal leucocytes and different counts. Action Planà ¢Ã¢â€š ¬Ã‚ ¦ Communication Description On this occasion I was being observed and supervised by my mentor to work with a 45year old Caucasian man, with a diagnosis of paranoid schizophrenia and on section 37/41 of the Mental Health Act 1983. He has previously presented with chaotic behaviour, auditory hallucinations, delusions as well as violent and threatening behaviour. In the morning I would do my observation of the patient and make an assessment of how he presented himself to see if he had attended to his per sonal hygiene and activities of daily living. According to (Greenwood, et al 1999), patients who are in hospital satisfaction with information are found to be lacking. Feelings As a student nurse my role and responsibility by the (NMC, 2008,) is that you must respect and support peoples rights to accept or decline treatment and care. I observed that Patent R found it difficult to wake up and take his medication, which was a problem that staff nurses struggled with time to time. (Watson, 1995,) emphasise that caring communication is holistic, taking into account the entire person and demonstrating respect for the clients ad people. Evaluation Listening is the most important communication skill in nursing. (NICE, 2004), emphasis that communication between healthcare professionals and patients is essential. I learnt that if patients are encouraged to have treatment choice, they need to have information about the recommendation given before committing themselves. This is why it is impor tant that patients must be central to and include in their care. For the patients to be able to do this, it requires the nurse to use communication skills effectively, to develop therapeutic nurse-patient relationship in which the patient feels safe enough to disclose and discuss issues they find central to them and from jargon. Analysis During the shift I communicated with other members of the team on any significant events or any concerns with the patient. At the end of the shift I recorded what the patient had done for that day and I gave handover to the staff who were taking over the next shift. This was very important because it would ensure continuity of care and reduces any errors or omissions. A good example of effective communication links to medication is to give instructions and provide training involving analysis and synthesis of the learners experience. In reference to my patient (Gamble, 2004), illustrates when a person has mental health problem it can affect the indiv idual cognitive process, their beliefs, perception and outward behavior. If Patient R discontinues Clozapine he will become psychotic again and create a turmoil leaving the community and his family members in distress. Conclusionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦. I developed my knowledge by providing leaflets about Clozapine, encourage to attend to the clinic centre which they will explain the pros and cons of Clozapine. Action Planà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.. General Conclusion I identified that some patients felt uncomfortable with direct question so it was important to use (Bein and Miller 1992), Open ended question. The outcome if the client-nurse interaction depends on the nurses ability to engage the client in decision making and share the control and power in the relationship (Roberts, et al 1995,). I felt that their were barrier to communication as I felt that some of the staffs attitudes made me feel as if I was not part of the team and sometimes lead to me no being able t o give my views on issues regarding patients. Although I am aware that all nurses do not use evidence in the same way and may use different methods in clinical settings. I felt that working in partnership with the patient and other health professionals can enable time to build supportive and empathetic relationship as an essential part of care. (NICE, 2008,). The process of learning I went through is more complex than Gibbs suggests. It is not as cyclical as this model implies and I found myself jumping or combining some stages, before coming back. However, it has taken me out of my comfort zone, challenging my thinking.

Fraud :: Free Essay Writer

Fraud Cut-off Fraud Fraud involves purposeful attempts to deceive, not good-faith disagreements on accounting treatments. One of the five basic methods companies used to boost up their profits is fraud in timing, which is also called cut-off fraud. This is done by recognizing profits early and liabilities and expenses late. â€Å"According to GAAP, revenue is recognized when the earnings process is complete and the rights of ownership have passed from seller to buyer.† There are three categories in revenue recognition fraud: 1) playing with time, 2) recording revenue when services are still due, 3) shipping merchandise before the sale is final. Playing with time is the most common way to commit revenue recognition fraud. It involves holding the books open past the end of the accounting period to accumulate more sales. For example, one such company actually set to stop there clock at the end of each quarter until targets sales are made. And all the sales would be counted as in the accounting period to boost up their sales. Another method for recognizing revenue early is booking the entire revenue amount when service is not completely rendered. Many companies ignore the percentage-of-completion contracts by taking the cash payments into income, fail to record offsetting accruals for services paid for in advance, and record refundable deposits as income. The last category is shipping merchandise before the sale is final. Consignment merchandi se is counted as being sold. A few companies also shipped merchandise to private warehouse for storage and counted it as being sold. If one person handle the same transaction from beginning to end, premature revenue recognition is easier to accomplish. The responsibilities of order entry, shipping, billing, accounts receivable detail and general ledge should be distributed among different employees. With several different employees handling the process, it’ll be more difficult to commit fraud.

Discourse on Religion: Nietzsche and Edwards Essay -- Philosophy, Chri

Friedrich Nietzsche certainly serves as a model for the single best critic of religion. At the other end of this spectrum, Jonathan Edwards emerges as his archrival in terms of religious discourse. Nietzsche argues that Christianity’s stance toward all that is sensual is that grounded in hostility, out to tame all that rests on nature, or is natural, akin to Nietzsche’s position in the world and his views. Taking this into account, Edwards’s views on Christianity should be observed in context targeted at those who agree with his idea, that G-d is great and beyond the capacity of human reason. Edwards reaffirms for his audience G-d’s Spiritual and Divine Light. This light imparted to the soul by G-d, is of a different nature from any that is obtained by natural means (Edwards, 214). Edwards spells out that his sermon was not intended to address the men who believe solely in life’s natural condition and the anger of G-d. Spiritual light is also something that cannot be witnessed by eye, only by â€Å"due apprehension of those things that are taught in the word of G-d.† It is at this juncture that Nietzsche wholeheartedly agrees, affirming that the ‘Kingdom of Heaven’ is a condition of the heart and is not something that emanates from death or comes ‘upon the earth’ (Nietzsche, Sec. 34). However, Nietzsche debunks Edward’s idea of sin, claiming it as a contrivance used to invoke fear in the believers of Christianity and to denote ruling power to the Priest (Nietzsche, Sec. 49). Nietzsche proceeds to deride the value system of Christianity, spelling out what he sees through the will to power as definitions for happiness, good, and bad (Nietzsche, Sec. 2). For Nietzsche, happiness is the feeling bolstered by power: â€Å"that a resistanc... ...y, according to Nietzsche, still exists as part of certain individuals’ subconscious states. Since that individual has a preconceived notion of it in their mind before they achieve a higher state of being, it provides light at the end of the tunnel to fuel their mental digression. Pity too must be a product of that individual’s emotional state. For people who desire self-pity, the idea of Christianity offers them closure, a rationalized conclusion, at the end of the pathway of the individual’s subconscious. In their eyes, the idea of Christianity affords them some level of higher status within their community, which they would not otherwise be able to attain. Christianity rationalizes for the individual his state of depravity. Had this individual been able to see reality from the get-go, achieve some modicum of societal power, they would not require self-pity today.

Cyberporn and Pornography - Sex Should Not be a Spectator Sport :: Argumentative Persuasive Essays

Pornography - Sex Should Not be a Spectator Sport    Some adults recall the days in the early Sixties with a certain nostalgia, as a time when people were still aware of the distinction between pornography and erotic art, and when erotic books and films could pass the censor only if a case could be made for their artistic value. Everything changed very suddenly, according to the poet Philip Larkin:    Sexual intercourse began In nineteen sixty-three. Between the end of the Chatterley ban And the Beatles' first LP.    But still, even though the permissive habits spread rapidly through society, breaking down taboos and breaking up marriages, people remained sensitive to the distinction between art and pornography, and had no objections to a law which forbade explicit sexual imagery. The recent judgment of the High Court, upholding the decision of the Video Appeals Committee (another collection of the Great and the Good) to allow the sale of videos showing explicit scenes of sexual intercourse, suggests that the last vestiges of decency are being finally chased from the law.    Like many distinctions which are intuitively obvious, that between the erotic and the pornographic is not easy to explain. It has been said that pornography is obscene, whereas erotic art is merely suggestive. But what is obscenity? The old test laid down in the Obscene Publications Acts of 1959 and 1964 holds that matter is obscene if it tends to deprave and corrupt those who are likely to come across it. But that test is flawed, since it looks for obscenity only in the effects of a thing, and not in the thing itself. Moreover juries are by no means competent to predict the effects of watching any particular film or reading any particular novel, and are easily swayed by smooth-tongued barristers who represent pornography as a healthy "safety valve" for feelings which could erupt in far more dangerous ways.    The fact is that the desire to watch explicit scenes of carnal lust is in itself depraved. It is not that explicit videos have a tendency to corrupt: they are corrupt. In the sexual sphere this is what corruption consists in - namely the display of sexual appetite divorced from the personal relations that redeem it. To justify pornographic videos on the grounds that they don't make people worse than they are is like justifying gladiatorial combat because it doesn't make people into

Kudler Fine Foods Problem Statement Essay

The following is a problem statement explaining what is currently wrong with Kudlers plans on expansion, and how they can improve these plans. Introduction After reviewing the strategic plan for Kudlers Fine Foods it is obvious there are several issues that will stunt the growth and success of the organization. The company is suffering from a lack of management and poor organization planning. The issues that will be discussed are the poorly developed expansion and growth plans, and the lack of risk management in preparation of a competitor entering the market. Problem Statement The management at Kudler Fine Foods is planning on opening a new location when all of the current locations are not successful, and the company has not done a proper analysis of the need for their services in the area. Also Kudler is not prepared for factors that may decrease the profitability of the company, or factors that can contribute to the failure of a new location. Solution With the Del Mar location not producing profit as expected this is the location management should use to create a market research and analysis plan. By using this location they will be able to determine the factors that are hindering the success of this location and then develop ways to counteract those factors. The benefit is they will improve the business done at that location before opening a new location. By looking at factors like population, socio-economic status in locations surrounding area and health factors in the area can determine what the need are for the community. Management should also look to see where people are purchasing food in the community and what types of food and products are selling at the local grocery. If there are gourmet products selling out of the supermarket than that is a factor that needs to be accounted for. Once the market research is done Kudlers management can the focus on a risk management plan. Before a risk management plan can be established they must know what risk are out there and the market analysis and research will help the company determine what risk and challenges they face. Risk management is a part of a basic business plan, I see where threats are outlined in the strategic plan but there are no alternative plans to minimize each threat nor are there any plans for how to be competitive should a competitor arise. Kudler only considers other gourmet shops as competition they should also consider, grocery stores that sell gourmet foods a competitor. Then they should focus on how to maintain their existing book of business. If Kudler developed their website so customers could place orders online that would give them a way to expand while working on the risk management plans and the online based business would also help with the market research. A high concentration of orders coming from a specific location may be an indicator used to determine where to open a new store. Desired Resolution Kudler Fine Foods will be able to expand all facets of the business and have a risk management plan in place to counter act competition entering the market. Kudler will expand in to locations where they will be successful. Kudler will also have an effective and efficient model for future expansion and growth. Conclusion The goal of Kudler Fine Foods is expansion and growth while increasing profit and the current book of business. By doing the extra research and implementing a risk management program before opening a new location will increase the success of all three current locations and ensure the success of any future locations. It will also help Kudler organize and develop other facets of the business like the website. A little extra work goes along way and with the risk management plan in place and a new location market analysis model being used Kudler Fine Foods should be able to grow and meet all the organizations goals.

Naming and Shaming Sex Offenders Essay

Define The kindly issue naming and shaming sex offenders is the belabor sex offenders being named and shamed on a website with their picture, name, address and date of redeem on their profile. People can lawsuit in the suburb they live in and see what sex offenders live in their atomic number 18a. leaning 1For Sex offenders, up to now much so than other forms of crime, atomic number 18 prone to re-off destination upon release from prison. Therefore, to protect purchase order, they should be required to tape with a topical anaesthetic police station, and their names and addresses should be do avail commensurate to the usual. Police would also render this information to schools and day c ares, who go forth be consequently far more marvelous to all risk. Parents would find this information priceless in ensuring their childrens safety, and it would cut the prize of sexual crime by those freed from prison.In the end, we form to protect our children at any cost. Against This proposal is an essential violation of the principles of our penal system, which are based on the do of a set punishment before being freed from prison. This registration inflicts a innovative punishment for an old crime and will lead to sex offenders to be demonized by their neighbours and community, and possibly be compel to move out of the town they are turn up in. It will also lead to campaigns and violence, sometimes against innocent people with similar looks and names, much(prenominal) a risk cannot be taken. short letter 2For Crimes for sexual offence are among the most repulsive and damaging that experience they can ruin a mortals life. As the offenders responsible for these crimes cannot be imprisoned forever, and must be released at some point extra warn must be taken to gibe they pose no threat to the public. Against The suggestions of this website are clouding the options. Physiological evaluations can lay accurately whether an offender is lock in ris k of exposure to society or not. If an offender is still a danger to society therefore they should not be released from prison, if they are not a danger any more then they should be released and be able to live a happy and radiation pattern life. Studies open shown that treatment is quite useful to overhaul reduce the rate of re-offending.Argument 3For A national web register would allow police to click re-offenders faster, increasing the success rate and the animate of which they are brought to justice. Against Police can be aided by a register only available to the police. Making it public might make the offenders run and devising it hard for police to track them. Studies cast off shown that a public register is a subjective to abuse from the public. Around 2 out of every 5 offenders have been a victim of vigilantism. The social ostracism, defensive structure of rehabilitative measure such as housing and stable employment, and threats of vigilantism, making agent offen ders disobey reporting requirements.Argument 4For A national register would pull in sexual offenders directly, as they would be on local registers of counseling and psychological help groups, who would be more able to brook help. Against Offenders should have access to these services anyway, disregarding of whether their names are available to society or not. This register has led to macro qualities of withdrawing sex offenders listen on the register, on with their families. The register is a spread of myths and stereotypes use by the public to justify the ostracism and denial of service. Sex offenders in Australia have lost jobs, housing and treatment options and forced to live under never ending changing requirements.

Prospects of Islamic Banking

Texts Articles Cases Internet References 3 consultation I would like to forward my utmost gratitude to a add together of people, for their generous co-operation and assistance, in the course of preparing this monograph. Mr Howard Johnson for reviewing my dissertation plan, Professor maintain chase Lee for his invaluable sixth sense on Chapters 1-5 and fin t bring out ensembley Dr PaulBridges and Dr Simon Norton for their enlightening views on some(prenominal)(prenominal) copes. I dedicate my efforts to Bhaijan, who has always been the inspiration and my range through with(predicate)out my life. 4 Pre strikingness At constitute durations, it would non be inappropriate to state that Moslems the founding over face the dilemma that their religion, Islam, prohibits relate in stringent shapes and aims at establishing an rescue that is non further free from wholly discover a craps and word forms of beguile, only when withal from everything that binds either res emblance to it.The new-fashi stard frugality is severely groundworkpointd and reliant on touch on and it is strenuous to envisage whatever come d feature of scotch traffic where fire does non play a sort, whether presently or indirectly. Resolving the above-menti cardinald contradiction bets to be a ch every last(predicate)enge that Moslem intellectuals, beachers, industrialists, businessmen, policy-makers and ordinary consumers face. In a nutshell, this monograph seeks to supply an analysis of the pass waterings and practices of Moslem verifying companying industry and the products it offers covering profound, political, social and economic reveals as they relate to it.Chapter 1 commences by providing a principle to the Muslim relying and outlining its historical journey, and give nonices with a discussion on the riba and its prohibition in Islam. Chapter 2 deals with the fashions of Moslem relent, which sure enough directs a detailed study, as it is these products that form the infra twist of the entire Muslim banking industry. shariah precepts argon to a pause break downicipated at this stage (and argon discussed throughout this monograph), as they aid the process of comprehension. This chapter would overly serve to introduce a discussion on Moslem cast Finance, dealt within the following chapter.Chapter 3 deals with Moslem experience Finance in practice, counsel on the legal and a nonher(prenominal) economic numbers as they relate to sharia-Related Documentation, grammatical construction and take away Financing and Muslim Bonds. Chapter 4 consists of some(prenominal) causa-studies, highlighting the Common integrity developments in sharia law constabulary, as it relates to the Moslem banking industry. Two recent judgments ( wizard from UK and some(a) other from Pakistan) argon specific in every(prenominal)y peruse, reflecting the stance that the judiciary in the deuce countries real(a)ize ad opted towards Moslem precepts, its edition and application.Chapter 5 raises introduces relating to structuring and offering of sharia-Compliant coronation products. In concomitant, focussing on the section of m superstartary mental hospitals, fund promoters and sharia law advisors. The chapter concludes by providing a comcheck bittive analysis on the legal jazzs linked to the marting of Moslem enthronisation products in different jurisdictions. Chapter 6 decl atomic number 18 oneselfs an insight to the regulative and supervisory practices of Moslem banking in unhomogeneous countries.Obstacles sink about by the Islamic banking industry in their app abate as regards their set up in involution- base banking jurisdictions is get along addressed, which is supplemented by a mooring study on the regulatory issues of Islamic banks in India. 5 Chapter 7 is meant to be general, and briefly discusses the lessons that pompous and Islamic banks loafer l fool from ea ch other, addressing issues much(prenominal) as the someonenel of technology transfer and the Bank-Client relationship, which would ultimately lead to the set ahead of one other. Chapter 8 concludes this monograph. It ascertains the merits of introducing Islamic banking glob exclusivelyy.Reforms and alludeions for the Islamic banks be withal appended to this chapter, together with a few de sack up remarks on the font. It is aspired that this work forget be a positive contri merelyion on the open of Islamic banking and its practices. Suggestions and condemnations atomic number 18 solely intend to enhance the reach of this relatively nascent banking industry, which has undoubtedly shown major signs of progress. 6 G way outary of Arabic Terms This section explains some of the Arabic words and term, most of them appearing in this study, whereas others might relate to them and would indeed be of by-line to the reader. aloneah is Arabic for God. Fatawa (singular. Fatw a) ar legal decisions or opinions rendered by a qualified religious leader (mufti). Fiqh is Islamic Jurisprudence, the science of religious rectitude, which is the interpretation of the sacred Law, Shariah. Gharar is disbelief, speculation. hadith (plural. ahadith) is the technical term for the source related to the hadith the sayings- and doings- of the Prophet Mohammed (pbuh), his traditions. Halal doer permitted according to the Shariah. Haram means forbidden according to the Shariah. Jualah is the stipulated wrong (commission) for consummateing any service.Maysir mean gambling, from a pre-Islamic game of hazard. Muslim is on who professes the faith of Islam or is born to a Muslim family. Qard Hasan is a benevo change loanword (interest-free). Qiyas means nonliteral deduction. Quran is the devoted book, the revealed word of God, followed by all Muslims. Riba is literally excess or amplify, and covers both interest and usury. Shariah is Islamic religious law derived fro m the holy localise Quran and the Sunna Shirka (or Sharika) is a caller or retainership. Surah is a chapter of the Holy Quran. Takaful refers to mutual support, which is the priming coat of the sup mark of insurance or solidarity among Muslims.Umma means the community the tree t directk of Muslims. Waqf is a trust or pious foundation. Zakat is a religious levy or alms magnanimous as required in the Holy Quran and is one of the Islams five pillars. (Courtesy Lewis & Algaoud, Islamic Banking, Edward Elgar, 2001, G exitary, x, xi. ) 7 Chapter 1 Introduction and the Basis of Islamic Banking A. Rationale from an Islamic perspective It is argued by proponents of the Islamic banking that in nows existence, the economic dust that is based on interest has resulted in concentrating the wealth in the hands of selected few, creating monopolies and further widening the gap amongst the generous and the poor.Islamic finance lasts in compliance with the Shariah law. Islam is non anti -commerce (the Prophet Mohammad was himself a merchant). In contrast to the sensory dodgingrn Western principles and philosophy, Islam encourages circulation of wealth and considers its role as indispensable to an economy. As Dr Usmani nones in his book, just as coagulate of blood paralyzes human body, concentration of wealth paralyzes economy. The concomitant that, today ten richest men in the solid ground pretend more wealth than forty-eight poorest countries of the land is relied by the supporters of the Islamic banking as a allow to the fact that the current economical set up is unjust and has failed to distribute the wealth symmetricalnessately, thus confidential information to the gobble upfall of humanity. 1 On considering the injunctions of the Holy Quran, it is plain that the system of distribution of wealth laid down by Islam envisages three objects, namely (a) The establishment of a practicable system of economy. (b) Enabling every one to obtain, what is ho nest profusey imputable to them. c) Eradicating the concentration of wealth. The traditional innovation of Muslims that Islam is a unique way of life unmistakable from all other isms and ideologies extends to the economic life of the Muslims (Umma). In the process of reshaping the economy, the atomic number 18as of money, banking and appargonlment smashing ar regarded as exceedingly resilient to the process of Islamisation of the economy. The Islamic emphasis on co-operation as the key conception in economic life has led to reliance on earn- manduction and troth as the alternative bases for banking and redactments in the Islamic framework. The concept of Islamic banking is regarded as one of the few obtaind and creative Islamic musical themes that have been success fully tried in recent successions. In the non alike distant past, the entire banking system in all Muslim countries was designed on the Western banking sticker the last mentioned cosmos inconsistent with Islamic law primarily payable to the disapproval of Riba (i. e. interest) in Islam. In other words, the elimination of Riba 1 Meezan Banks withdraw to Islamic Banking by Dr Muhammad Imran Ashraf Usmani, Preface, scalawag 7, Darul-Ishaat, 2002. 2Issues in Islamic Banking, Selected Papers by M. N. Siddiqi, scalawagboy 9, Preface, 1983. 8 from pecuniary forms is the raison detre of Islamic Banking3. Attempts to quash dealing in interest led to the basis of a non-interest based banking system, commonly termed as Islamic banking. McDowall nones that Islamic banking non only provides ope grade that are compliant in terms of the Muslim faith, but through the fundamental concept of profit and hurt share with their guests, deliver a exceedingly estimable proposition to ceremonious banking. As Islamic banking offers services to its guests free from interest, any dealing or accomplishment that involves interest is seen as erroneous and thus forbidden. Technicall y, riba refers to the addition in the principal aggregate of a loan, which the lender receives from the borrower. This intentionally simplified picture of the true mazy state of affairs is something I shall indemnification to in the following chapter in detail. B. History The Islamic monetary system has a centuries-old history, as famous by Chapra and Khan (2000) From the very early stage in Islamic history, Muslims were able to establish a fiscal system without interest for mobilising resources to finance productive activities and consumer aims. The system worked quite effectively during the heyday of Islamic civilization and for centuries in that respect by and by. However, over the centuries, the centre of economic gravity fain towards the Western world, and the Western pecuniary governing bodys (including banks) became dominant and the Islamic tradition remained dormant. 5 The Muslim society never approbated interest throughout the thirteen enturies of its history preceding(prenominal) to domination by imperialist powers, it managed its economy and carried on domestic and inter matter throw without any enfolding of interest. Profit sharing and different kinds of amour arrangements served as adequate basis for savings and investment and sizeable dandy was mobilised for mining, shipbuilding, marine trade, textiles and other industries. 6 The issue of interest free banking regained the attention of Muslim intellectuals in the 1940s and 1950s. By this while, numerous local and national banks were established along the lines of interest-based foreign banks.By this time, the government of Muslim countries, in point, those who gained political independence, found themselves compelled to engage in international fiscal proceeding utilise banking systems. The requirement for commercial-grade banking was realised. The challenge was to 3 Profit and un emptyablenessiness Sharing, An Islamic Experiment In Finance and Banking by Shahrukh Rafi K han, Introduction and Overview, knave 1, OUP, 1987. 4 Islamic Banking A draft Historical Perspective by Bob McDowall, Business and Finance, 27th May 2004. 5 Islamic Banking and Finance by Munawar Iqbal and David T.Lle thoroughlyyn, Introduction, foliate 1, para 1, 2002. 6 Ibid at 1, rascal 9, para 2. 9 void the concept of interest within commercial banking. The travel plan to this was the development of the concept of profit and want sharing (Mudarabah), the key concept from which the structure of most Islamic banking products and services are derived. 7 C. Current side All over the world, Muslim bankers and economists are face up with the head teacher as to how they should eliminate interest and acquire new institutions and practices, which would enable economic activities to flourish without resorting to Riba in any form? In recent years, thither has been a revival of interest in formulating a methodrn version of the historic Islamic fiscal system, as many Muslims are endeavouring to avoid interest-based practices and relationss. Islamic banking was virtually an un cognise concept thirty left over(p) years ago. Now, fifty-five developing and emerging trade countries have some nexus with Islamic banking and finance and Riba free has wrick the buzzword for financial institutions that appetency to attract the large and attractive guest base in the form of Muslims all over the world who are looking for Shariah-Compliant modes of investments and supports.In addition, on that point are Islamic financial institutions operating in 13 other locations. 9 In Pakistan, Iran and Sudan, all banks moldinessiness(prenominal)(prenominal)iness ope run at a lower place Islamic financing principles. As noned by Justice Mufti Usmani, there were 200 Islamic banks and financial institutions in forty-three countries of the world, controlling a financial pool of US$ 100 billion,10 increase at an annual direct of 10-15 percent. The Islamic financial indust ry is already one of the fastest growth industries and has tremendous potential as observed by academics in general.The unorthodoxy of Islamic banking model is seeming from the fact that those who argue in favour of Islamic banking are oft regarded as utopians and romanticists, but they lead that the best form of realism could be achieved by challenging all those systems that are based on the exploitation of man in one form or the other and in seeking to set up a just socio-economic place. Dr Siddiqi argues that an Islamic economy is capable of freeing modern man from the debt-ridden economy in which he survives, and of guiding him towards a society based on justice and equity, and ultimately prima(p) to the path of growth and stability. 1 D. Riba and its Prohibition in Islam As observed by Lewis, in order to conform to Islamic norms, five religious features are well established in the literature, and must be adhered to in investment behaviour. They are as follows 7 Islamic Ba nking by Mervin K. Lewis & Latifa M. Algaoud, Chapter 2, Islamic Law, scalawags 4 & 5, Brief History, 2001. 8 Banking Without Interest by Muhammad Nejatullah Siddiqi, Foreword, para 1 &2, 1983. 9 Australia, Bahamas, Canada, Cayman Islands, Denmark, Guernsey, Jersey, Ireland, Luxembourg, Switzerland, United Kingdom, United States and the virginal Islands. 0 New Horizon, No. 82, December 1998, p. 17. He is the Chairman of Centre for Islamic economics, Pakistan, and a examine of the Islamic Shariah Court. 11 Ibid at 1, rogue 7 & 8. 10 (a) the absence of interest-based (riba) financial transactions (b) the introduction of a religious levy or almsgiving, (zakat) (c) the prohibition of the production of ingenuouss and services that contradict the look on pattern of Islam (haram) (d) the avoidance of economic activities involving gambling (whitethornsir) and uncertainty (gharar) (e) the provision of Islamic Insurance (Takaful).These five elements give Islamic banking and finance its distinctive religious identity. 12 For the solves of our present chapter, we need to focus briefly on element (a), i. e. absence of interest-based transactions, which is indeed the central element among the last mentioned(prenominal)(prenominal)(prenominal). Islamic finance, like Islamic commercial law in general, is dominated by the doctrine of riba, and it is compulsory that we discuss this in some detail, as to its personality and prohibition. The literal meaning of the Arabic word riba is increase, excess, growth or additional.According to Sahacht (1964), riba is barely a special case of unjustified enrichment or, in the terms of the Holy Quran, consuming (i. e. appropriating for ones own use) the prop of other for no good terra firma, which is prohibited. Prohibition of interest is ordained in Islam in all its forms. The last mentioned prohibition is strict, supreme and certain. The unit concept of interest is fundamentally repugnant to the look of Islam, as could be observed from the following verses of the Holy Quran O, believers, fear Allah, and give up what is lifelessness collect to you from the interest (usury), if you are true believers. (Surah 2 Aayat 278) And If you do not do so, so say notice of war from Allah and His Messenger. But, if you repent, you idler have your principal. uncomplete should you commit sleaziness nor should you be subjected to it. (Surah 2 Aayat 279) 12 Ibid at 7, rapscallion 28, para 2, 2001. 11 Chapter 2 Islamic Modes of Financing Introduction One great deal vividly perceive the transition in the global banking sector, from core/retail banking, to the complex and detailed role of financing, which clearly depicts sophistication and organisation of international banking community.With the overtaking of time, the banks have undoubtedly become multifunctional bodies, performing various roles and providing their thickenings with numerous desired products. Speaking of the international banking community, Islamic banking is undoubtedly a part of it. To keep up with this modernised community and to compete with their fellow-competitors, Islamic banking has introduced and swell some alternative Islamic financing products, to the ones purchasable in the accomplished markets, in order to append for the Muslim community around the globe.Having verbalise that, it is out-of-doors to anyone, whether a Muslim or a non-Muslim, to take advantage of these products, as long as they postdate with the requirements and precepts of Islamic Shariah. At this instance, it helps to add that the prohibition of interest in Islam does not imply that the neat is not to be rewarded, nor that gamble is not be outlayd. The Islamic system has both wintry and variable return modes to outlay the nifty and add risk premia in relation to the degree of risk problematic.Islamic banks provide financing using dickens methods. The first is based on profit-sharing and the second one deals with modes, which rely on resolute return (mark up) and oftentimes conclude in creating duty of the troupe seeking finance. The Islamic modes of finance are unique as the debt related with financing using mark-up modes results from real trade good change/purchase operations, kinda than the exchange of money for interest-bearing debt. Furthermore, unlike the formulaic debt, much(prenominal) debt is not vendible except at its normal value. 3 The solely idea dirty dog the Profit and Loss Sharing (PLS) is seen as an innovation, a modern trend if you like, and it is aspired that it go away bring some(prenominal) merits to the industry of investment and finance, thus benefiting the community at large. It must be borne in mind that the Islamic Shariah does not prohibit Islamic banks from take guarantees. However, the question of the fair play of the commissions and charges received by banks in issuing the guarantees has been a subject of much statement and discourse. some(prenominal)(pren ominal) banks in the Middle East have sought-after(a) to tackle the latter issue by agreeing to issue guarantees at no charge, charm simultaneously ask for cash col subsequental of a specific region (30 %) of the guaranteed do, which is be give birth invested by the bank for its own score and benefit for the duration of the guarantee. 14 13 hop on and Challenges of Islamic Banking by Abbas Mirakhor, Review of Islamic Economics 4 (2) 1997. 14 Demand Guarantee in the Arab Middle East, J. I. B. L, 7, rascal 271, 1997. 12In order to circumvent the ambiguities raised, a group of Muslim scholars gave their opinion on the legality of Islamic banking practices as regards guarantees. Their opinion is summa pinchd in dickens segments and is as follows. 1. The legality of the issuance of a bank guarantee relies on the legality of Shariah principles of the centralise in question, in respect of which the guarantee was issued. It is unadorned that no Islamic bank should issue guarantees in relation to items that are prohibited under the Shariah, including guarantees for the wages of usurious interest, the change of alcohol, drugs, the construction of gaming places, etc.The latter may seem to be an obstacle towards an all independent guarantee, but its scope should not be overstated. As long as the breeding in question is considered lawful by the standards of Shariah precepts, a guarantee stipulated to be bland and payable on first demand would be deemed effectual and in run under Shariah, notwithstanding the performance or termination of the underlying come. . Banks are entitled to receive remuneration for the issue of a guarantee. Having said that, the beat of remuneration, to be in accordance with the Islamic Shariah, ought not be unyielding in accordance with the amount of the issued guarantee, but should instead be calculated to provide a reasonable recompense to the issuing bank for the time and effort that the latter spent to issue and manage th e guarantee. 5 This chapter go forthing focus on the Islamic modes of finance, other than guarantees, namely Musharakah, Mudarabah, Murabaha, Bai Muajjal, Ijaraha, Ijaraha Wa Iqtina, Salam, Istisna and Istijrar, which are available in the global financial market today, whilst providing a comparison with the stately finance products, wheresoever possible. A(i). Musharakah The literal meaning of the Arabic word Musharakah is sharing, or Shirkah, which means being a furnish. in that location are several kinds of coalition, and they all come under the heading of Shirkah. Musharakah is perceived as an ideal alternative for the interest based financing with far reaching effects on both production and distribution. 16 The term Musharakah as employ in the modern terminology, has been recently introduced by Islamic Scholars writing on the subject and is ordinarily restricted to a fussy type of Shirkah, which is Shirkat-ul-Amwal, where both or more persons invest some of their capita l in a phrase commercial venture.However, at times it could also include Shirkat-al-Aamal, where partnership takes place in the business of services, whereby all the partners mutually acquire to render some services for their nodes, and a tiptoe is charged from the latter and is distributed among the partners as per an agreed ratio. 17 15 Shariah Related Documentary Issues in Islamic Project Finance Transactions, J. I. B. L. R 2003, knave 272, para(s) 2, 3 & 4. 16 Meezan Banks Guide to Islamic Banking by Dr Muhammad Imran Ashraf Usmani, 2002, paginate 87, Chapter 13 (Definition and motley of Musharakah). 7 Ibid at 11, page 90. 13 Musharakah is a mutual obligation surrounded by the parties, and thus all the needful ingredients of a valid contract must be present. Furthermore, the capital in Musharakah transcription should be quantified, specify, but not necessarily merged or in liquid form. If all the partners agree to work for the joint venture, each one of them shall be do by as the element of the other, in all matters concerning the business. both act carried out by a genius partner, in the normal course of business, shall be deemed as authorised by all other partners. 18All scholars are unanimous on the principle of loss sharing in Shariah, which is based on the saying of Syedna Ali ibn Talib, which is as follows Loss is distributed fillly according to the ratio of investment and the profit is divided according to the agreement of the partners. 19 Termination of the Musharakah agreement Musharakah agreement volition be blockaded in the following circumstances. 1. If the purpose of forming the Shirkah has been achieved. 2. both partner privy exercise his/her right to terminate Musharkah at any time after giving his partner a reasonable notice. . In the case of a demise of any one of the partners or any partner becoming insane or incapable of effecting the commercial transaction. 4. In the case of impairment to the percentage capital of one partner in the lead mixing the same(p) in the total investment and in front affecting the purchase, the partner bequeath stand terminated and the loss provide be borne by that token partner. However, if the share capital of all the partners has been fuse and could not be identified singly, then the loss will be shared by all and the partnership will not be terminated. 0 Termination of Musharakah without the closure of the business If one of the partners intends to terminate the Musharakah, in disagreement with the other partners, the latter issue could be resolved by mutual acquiesce. The partners intending to run the business may purchase the share of the partner who wants to terminate his partnership, as the termination of Musharkah with one partner does not affect the Musharkah in the midst of the other partners.The latter seems to be a just and a workable approach, especially in the modern situations, where the success of a particular business is originatoral upo n its continuity, and the liquidation or separation at the instance of a atomic number 53 partner may only cause irreparable damage to the other partners. 21 18 Ibid at 11, page 91 & 92. Ibid at 11, page 94 (Rules of Distribution). 20 Ibid at 11, page 95 (Termination of Musharakah). 21 Ibid at 11, page 96. 19 14 justification in MusharakahAs regards a Musharakah agreement in the midst of the bank and the client, the bank should in its own right and discretion, obtain adequate warrantor department to procure that the capital invested/financed and the profit that may be earned are safe. As part of the usual practice, the securities obtained by the bank, are kept comprehensively insured at the troupes cost and expenses, till the Islamic mode of insurance (Takaful) becomes operational. It is unders aliked that the purpose of the latter security is a precautionary measure to cover for damage(s) or loss of the principal amount due to the clients disuse. 2 Differences between int erest-based financing and Musharakah 1. As regards interest-based financing, a stiff number of return on a loan, benefitd by the run is predetermined, disregarding of the profit earned or loss suffered by the debtor. Mushrakah agreement does not envisage a laid rate of return, it is in fact based on the demonstrable profit earned by the joint venture. 2. The moneyman flush toiletnot suffer loss in an interest-based financing. The financier under a Musharakah agreement can, mayhap suffer a loss, if the joint venture fails. 3.It is argued by Islamic scholars and other academics that the interest-based financing results in injustice, all to the computer addressor or the debtor. If the debtor suffers a loss, it is unjust on the creditors part, to claim a fixed rate of profit. And, if the debtor earns a high rate of profit, it is injustice to the creditor to provide him with only a small proportion of the profit, while the debtor taking the chunk of it. As regards a Musharkah agreement, the returns of the creditor are tied up with the actual profits earned through the enterprisingness, which he/she financed.The greater the profits of the enterprise, the high the rate of return to the creditor. If the enterprise earns substantial profits, the creditor cannot acquire all of it, but has to share it with the common people, e. g. depositors in the bank. 23 Tenure of Musharakah As regards the determination of the arrest of the Musharakah agreement, the following conditions operate. (a) The partnership is fixed for such(prenominal) a duration that at the end of the tenure, no other business can be conducted. 2 23 Ibid at 11, page 97 (Security in Musharakah). Ibid at 11, page 98. 15 (b) The partnership can be for a very bypass term, during which n all partner can dissolve the partnership. 24 A(ii). Diminishing Musharakah Another form of Musharakah, which has developed in the recent years, is known as Diminishing Musharakah. It involves the participation of a financier and his client, either in the joint possessorship of a stead/equipment, or in a joint commercial enterprise.The financiers share is further divided into several units, and it is intended that the client will purchase the financiers units of the share, one at a time, periodically, increasing his own share, until all the units of the financier are purchased by him, so as to make him the sole possessor of the property or the commercial enterprise, whichever be the case. 25 B. Mudarabah This is also a kind of partnership, whereby one partner provides finance to the other for investing in a commercial enterprise.The investment is provided by the first partner called the Rab-ul-Maal, while the entire responsibility for the management and work fall upon the other partner, who is called the Mudarib. The profits generated, are shared in a predetermined ratio. There are two kinds of Mudarabah restricted and unrestricted. Rab-ul-Maal may specify a particular business for the Mudarib, in which case he shall invest the money in that specified business only. This is known as Al-Mudarabah-alMuqayyadah (restricted Mudarabah).But if he leaves it open for the Mudarib to undertake some(prenominal) business he wishes, the Mudarib shall be authorised to invest the money in any business he wishes. This type of Mudarabah is called Al-Mudarabah-al-Mutlaqh (unrestricted Mudarabah). A Mudarib cannot forward the money lent to him, or carry out any innate(p) process that is beyond the course of his business, without the Rab-ul-Maals express authority or consent. Rab-ul-Maal is entitled to oversee the activities carried out by the Mudarib. The former can also work with the Mudarib, provided the latter gives his consent.A Rab-ul-Maal can contract Mudarabah with more than one person through a single transaction, for instance, he can offer financial assistance to X and Y both so that each of them becomes a Mudarib, and the capital of the Mudarabah transaction shall be ut ilized by both of them, jointly. 26 It is imperative that both the parties should decide in advance, on the proportion of profit that each one of them should receive. However, the parties cannot suggest a lump sum amount of profit, nor can they determine the share of any troupe at a 24 Ibid at 11, page 102 (Tenure of Musharakah).An Introduction to Islamic Finance by Muhammad Taqi Usmani, Chapter 2, page 82, para 1 (Diminishing Musharakah). 26 Ibid at 11, pages 105-108. 25 16 specific rate tied up with the capital. If the business has suffered loss in a few transactions and make profit in some others, then the profit should be used to offset the loss/losses incurred, and whatever remains, shall be a distributed between the parties according to the agreed ratio. 27 Roles of Mudarib He is an Ameen (trustee), who is responsible to look after the investment, with an exception of natural calamities.He is a Wakeel ( promoter), as he makes the purchases from the funds provided. He is also a Shareek (partner), thus sharing the profits with Rab-ul-Maal. He can also perhaps be a Zamin ( unresistant), and thus will have to compensate for any loss suffered during the course of Mudarabah, due to any erroneous act on his part. 28 Termination of Mudarabah The Mudarabah will come to an end when the specified period in the contract expires. It can also be terminated by either of the two parties, at any time, by giving notice.Furthermore, in case Rab-ul-Maal has terminated the services of Mudarib, the latter will continue to perform his acts under the contract, until he is cognizant about the termination. 29 C. Murabaha In this particular kind of sale, the trafficker clearly mentions the cost of the sold commodity, and then sells it to the stealer by keeping a profit margin. Thus, Murabaha should not be seen as a loan given on interest, it is rather a sale of a commodity for cash/deferred wrong. As regards Bai Murabaha, the bank purchases a commodity, on a clients behalf, and then resells it to the latter, on the basis of plus-profit.Under this kind of agreement, the bank discloses its cost and profit margins to the client. Thus, unlike Conventional banks (which advance money to a borrower), the bank will buy the goods from a tercet party and sell it before to a customer for a pre-agreed price, thus abstaining from interest. The maturation use and spankingity of Murabaha agreement is proven by the fact that in Islamic banks world over, 66% of all investment transactions are through Murabaha. 30 It is argued by critics of Islamic banking that Murabaha agreements are in reality interest-based contracts, under the garb of a imaginary sale and buy ack transaction, profit being equivalent to interest in this case. Islamic scholars have reverted to this program line by stressing that a true Murabaha financing structure is quite different 27 Ibid at 11, 109-111. Ibid at 11, page 111, para 5. 29 Ibid at 11, page 112, para 2 (Termination of Mudarabah) . 30 Ibid at 11, page 125, Chapter 16 (Murabaha). 28 17 from an overdraft provided by Conventional banks and the former offers various benefits to the bank and its customers, namely that depositors have a share in the banks profits.Furthermore, the grassroots unlikeness is the Aqd (contract), which specifies the Islamic conditions, as against the interest element in Conventional banking transactions. 31 radical Rules for a Murabaha transaction 1. The subject of sale must be in existence at the time of the sale. 2. The seller must have the ownership of the commodity in question. 3. The subject of sale must be in physical or constructive willpower32 of the seller while he is marketing it. 4. The sale must be instant and absolute no provisions for contingencies should be do part of the contract. . The goods/commodity to be sold, must reflect a value and must be specified to the buyer, departure no room for ambiguities or confusion as between the parties. 6. The sale must be unco nditional and the price of the commodity should be certain. 33 If a client slights on any salary(s) by the due date, the price cannot be changed nor can the penalty payments be charged, as against him. Nevertheless, as regards dishonest clients, who knowingly and deliberately disrespect, they should be made liable to compensate the bank, subject to the following two conditions. a) The default oner must be given a grace period of at to the lowest degree a month. (b) It must be proved beyond reasonable doubt that the client is a defaulter, and he has no justifications for his latter behaviour. 34 Murabaha can only be used when a commodity is to be purchased by a customer/client. It is highly pertinent to peruse the subject matter of the Murabaha, as the documents must be signed for obtaining funds for a specified purpose only. It needs to be distressed that the Murabaha consists of several different contracts and they all play their part one after another, in respective stages . 5 31 Ibid at 11, page 126, para 2 (Arguments against Murabaha). It refers to a situation where the possessor has not to that degree taken the physical delivery of the commodity, yet all rights and liabilities of the commodity are passed on to him including the risk of its destruction. 33 Ibid at 11, page 126-127 (Murabaha Rules). 34 Ibid at 11, page 129, para 1 (Penalty for Default). 35 Ibid at 11, page 130-131 (Basic Mistakes in Murabaha Financing). 32 18 D. Bai Muajjal This is baseally a sale on deferred payment.The deferred payment becomes a loan, which the buyer pays in a lump sum or instalment (as agreed between the parties). In Bai Muajjal all those items/commodities can be sold on a deferred payment, which come under the heading of capital, where quality does not make a difference but the natural or intrinsic value does. The price to be paid must be agreed and fixed at the time of sale. The buyer must be given complete possession of the commodity in question, whilst the s eller is free to ask the buyer to provide him with guarantee in the form of a owe or any other item. 6 E. Ijaraha In an Islamic leasing (Ijaraha), the owner of the plus, while retaining the corpus of the asset, transfers its usufruct to another person for an agreed period, at an agreed consideration. All the liabilities arising from the ownership must be endured by the lessor. The period of lease must be determined in clear terms and the asset must be clearly identified as between the parties. 37 The lessee is liable to compensate the lessor for all the damage(s) caused to the leased asset by any misuse or negligence on his part.The rental should be determined at the time of the contract for the unharmed duration of the lease. The lessor cannot increase the rental unilaterally, and must consult the lessee in that regard. 38 Lease was not originally a mode of financing, however, certain financial institutions have adopted leasing as a mode of finance instead of a long term lendi ng arrangement, which is based on interest. The transaction of financial lease may be used for Islamic financing, subject to certain conditions. It does not suffice for the latter purpose to interchange the term interest by rent and mortgage by leased asset.It must be accent that there is a difference between leasing and an interest-bearing loan, as regards Islamic Shariah. 39 Unlike the contract of sale, an Ijaraha agreement can be based on a future date, thus it is different from a Murabaha agreement in that respect. In majority of the cases concerning financial lease, the lessor (financial institution) will purchase the asset through the lessee himself. The lessee makes the purchase on behalf of the lessor who then pays the price to the supplier, either directly or through the lessee. 0 The lessor, being the owner of the asset, and having purchased it through his agent (lessee), is liable to bear all the expenses incurred in the process of its purchase and its here and now to t he country of the lessor (if that is the circumstance), e. g. expenses of freight and customs duty etc. 41 36 Ibid at 21, pages 102-103 (Bai Muajjal). Ibid at 21, pages 158-160. 38 Ibid at 11, pages 148-149. 39 Ibid at 11, page 149 (Lease as a Mode of Finance). 40 Ibid at 11, page 150 (The Commencement of Lease). 41 Ibid at 11, page 152, para 3 (Expenses Consequent to Ownership). 37 19 Variable Rentals in Long Term LeasesSeveral Islamic banks use the rate of interest as a benchmark to calculate the rental amounts, e. g. capital of the United Kingdom Interbank Offered Rates (LIBOR), which is the rate of interest at which Conventional banks borrow funds from other banks, in marketable size, in the London interbank market. The idea is to earn the same amount of profit through the mode of leasing, as earned by the Conventional banks by advancing loans on interest. Instead of fixing a defined amount of rental, the Islamic banks calculate the cost of acquire the asset that is to be le ased and intend to earn an amount equal to the rate of interest.Thus, the agreement between the parties provides that the rental will be equal to the rate of interest or to the rate of interest in addition to something. Since the rate of interest is variable, it cannot be set for the whole duration of the lease. The latter arrangement has been objected to on the following two grounds42 (a) By subjecting the rental payments to the rate of interest , the transaction is made to resemble an interest-based financing. The modern Islamic scholars have denied that design and have stressed that the rate of interest is only used as a benchmark.As far as the requirements of Shariah are concerned, they must be effectuate for a valid lease to be executed, and it is the latter that counts, as regards the legality of the Islamic financial lease. The vital difference between an interest-based financing and a valid Islamic lease does not lie in the amount that has to be paid to the financier or th e lessor. However, it is recommended that the use of rate of interest as a benchmark must be avoided at times, where possible, so as to distinguish it with the non-Islamic transaction. 3 (b) The second criticism relates to the situation that the variations of the rate of interest are not determined and the tying up of rental with that rate of interest implies Jahalah and Gharar (uncertainty, especially in a contract that may lead to disputes later on), which are not permissible by Shariah precepts. It is one of the basic tenets of Islamic Shariah that the parties must be well aware of the consideration in every transaction they enter into.This objection has been responded by looking at the reasons of prohibition for Jahalah, namely that Jahalah may lead to disputes between the parties and it might render the parties susceptible to an unforeseen loss. As regards the first objection, both parties make their decisions with mutual consent upon a welldefined benchmark serving as a criter ion for determining rent, thus no question of dispute arises. Relating to the second objection, several contemporary scholars suggest that the relation between rent and the rate of interest is subjected to a limit.E. g. the base contract may provide that the rental amount given after a specified period will be neutered according to the change in the rate of interest, but in no instance, it will be higher than 15% or turn down than 5 % of the previous monthly rent. The latter implies that if the increase in the rate of interest is more than 15%, the rent will be increased only up to 15%, and if it decreases by more than 5%, the rent shall not be decreased to more than 5%. 44 42 Ibid at 11, page 154 para 1. Ibid at 11, page 155. 44 Ibid at 11, pages 155 & 156. 43 20 F.Ijaraha Wa Iqtina It is permissible in Islamic Shariah that instead of there being a sale, that the lessor signs a reissue agreement, making a reassure to gift the leased asset to the lessee at the end of the lease p eriod, on condition that the lessee makes all the payments due for his/her rent. The latter arrangement is known as Ijaraha Wa Iqtina. It has been affirmed by a large number of contemporary Islamic scholars and is widely practised by the Islamic banks and financial institutions. Although, the validity of this arrangement is subject to two conditions.They are (a) The agreement of Ijaraha itself should not be subjected to signing of sale or gift. The betoken should be made in a severalize document. (b) The promise must be unilateral and binding on the promiser only. If the leased asset is used by numerous users, the lessee cannot sub-let the asset, except with the express permission of the lessor. The lessor can sell the leased property to a tercet party, whereby the lessor is replaced by the new owner, and the lease agreement would then be between the new owner and the lessee. 5 This form of financial leasing has been subjected to criticism as it is not compatible with the modern financing agreements, as a non-binding promise cannot be enforced before courts and is thus not a legally satisfactory solution. In an attempt to reconcile Ijaraha Wa Iqtina with the modern financial structure, it is suggested that the lessors failure to honour his non-binding promise should be subjected to a pre-contractual liability, or culpa in contrahendo.In civil law jurisdictions, this concept of pre-contractual liability contemplates that the contracting parties will conduct their pre-contractual dealings in good faith and also points to any relevant facts, which are within the commercially usual limits, to the other party. If a party is ruined in carrying out its duties, and thus in bring out of contract, then it will have to pay the regaining to the other party for not fulfilling the agreement. By adopting this suggestion, the promisor in breach, is made liable for the promisees cost, in finding another similar object to purchase. 6 G. Salam This mode of financing can b e used by modern banks and financial institutions, especially in order to finance the agricultural sector. In Salam, the seller undertakes to supply specific goods to the buyer at a future date, in exchange of an advanced price fully paid at the spot. The payment is made in cash, and the supply of purchased goods is deferred. 45 Ibid at 11, pages 161-162 (Ijaraha Wa Iqtina). Construction and Lease Financing in Islamic Project Finance by Klarmann, J. I. B. L. R, page 65 (Lease Financing Ijaraha Wa Iqtina). 6 21 take aim of Salam Contracts The purpose is to meet the need of farmers, who operate on a small scale, and thus need the finance for farming purposes, so that they can carry out their day-to-day activities. Moreover, it is designed to assist the traders, in their export/import transactions. Salam proves beneficial to the seller, as he receives the price in advance, and at the same time, advantageous to the buyer, as the price under the Salam arrangement is normally lower than the price in spot sales. 7 The permissibility of Salam is seen as an exception to the general rule that prohibits forward sale and thus it is subject to certain stringent conditions, which are as follows Conditions of Salam 1. The buyer must pay the full price to the seller at the time of effecting the sale. The basic idea behind the Salam agreement, is to satisfy the instant need of the seller. If it is not paid in full, the latter purpose is not achieved. 2. The quantity and the quality of the goods must be specified. 3. Salam cannot be effected on a particular commodity or on a roduct of a particular field or farm. 4. The contract must expressly state the quality of goods, thus exit no room for ambiguities, which might lead to disputes later on. Same is the case as regards the quantity it must be agreed upon in absolute terms. 5. The exact date and place of the delivery must be specified. 6. Salam cannot be effected in respect of things, which require them to be delivered at th e spot. 7. Since the price in Salam agreements is mostly lower than the price in spot sales, the difference between the two prices may be a valid profit for the bank. . A security in the form of a guarantee, mortgage or hypothecation may be required in order to ensure the delivery from the seller. 9. The seller must deliver to the buyer, the commodity, and not the money at the time of the delivery. 48 H. Istisna Istisna is a sale transaction whereby a commodity is transacted before it comes into existence. It is an order for a formulater to manufacture a certain kind of commodity, to be used by the purchaser. The manufacturing business uses his own material to 47 48 Ibid at 11, page 133 (Purpose of Use).Ibid at 11, pages 134-135 (Conditions of Salam). 22 manufacture the required goods. The price must be fixed with consent of all the parties involved. All other vital specifications of the commodity must also be fully settled. Subject to the acknowledgment or receipt of former noti ce, either party can cancel the contract before the manufacturing party has begun the work. The time of delivery need not be fixed, however a time limit may be imposed as between the parties. 49 I. Istijrar Istijrar means purchasing the goods from time to time, in different quantities.It is an agreement, whereby the purchaser buys something at unbendable intervals, without any formal offer or credence mode or bargaining. There exists one subordinate agreement, which contains all the terms and conditions of the purchases in a finalised form. There are two kinds of Istijrar (a) where the price is determined after all the transactions/purchases are completed (b) where the price is determined in advance, but the purchase payment is made from time to time. As regards the Islamic mode of financing, only (a) is relevant. Istijrar can be adopted as a viable mechanism, in the case of suppliers of the borrower.In the latter case, the bank enters into a Murabaha agreement (Agreement to Purc hase) with the suppliers (mainly trading companies), that it will purchase the assets from them at a market price or at a pre-determined discount from the market price. Whenever the customers demand, the bank can purchase that particular asset from the suppliers on the basis of Istijrar, and sell it onwards to the customer, on the basis of Murabaha. 50 49 50 Ibid at 11, pages 139-142. Ibid at 11, page 143-145 (Istijrar). 23 Chapter 3 exertion of the Islamic Modes of Finance A Research on Islamic Project Finance A. Shariah-Related Documentary and other(a) IssuesIn recent years, Islamic financial institutions have actively started to structure and participate in transactions, which are associated with semipermanent trade, as opposed to the short term trade related transactions (e. g. Murabaha). This transition has given rise to a number of important Shariah and docudrama issues. The prevalent backdrop is that the Islamic bankers and their advisers now face even more stringency, reg arding the setting up of Shariah-compliant structures that are accepted commercially and are also in conformity with the existing giving medication law of that particular jurisdiction where they operate. 1 As noted earlier, one of the basic principles of Islamic finance is that at a particular stage in the transaction, the financial institution will be the owner of all or part of the asset that is being financed, and under Shariah precepts, several forms of risk related with being an owner cannot possibly be passed on to the customer or a third party. The latter is the most specify difference between an Islamic financial system and a Conventional one. These additional ownership risks become more serious when the transaction involves complex capital assets, e. . a power plant or an aircraft, as the potential exposure faced by the Islamic financier as an owner can be very critical and substantial. It is expected that since the Islamic financial institutions are willing to take grea ter risks as compared to their Conventional counterparts, this should result in greater rewards for the former. It is submitted by the academics that this is not necessarily the case. 52 In several countries, e. g. the idea of interest is sanctioned by an exploit of Parliament, and the latter being affirmed by the courts.Having said that, it is imperative to notice that laws of several states are imbed in Shariah law and concepts, if not in whole then in part. It is observed that a proposed Islamic structure that has the approval of a Shariah board must be examined against the local statutes of that particular state to check whether the structure raises any contrary issues under those laws, and if so, then the proposed structure will surely need amendment and another approval from the Shariah Board.For example, under the Shariah precepts, a transfer of an interest in real estate is effective upon an agreement, signed between the buyer and seller. However, such an agreement may no t be recognised by the local laws (at least as regards the bona fide third parties) until and unless the transfer is recorded in the concerned land registry. just abouttimes, the problem might be such that a person to whom a real estate interest has been validly transferred under Shariah principles, would not necessarily be recognised as the legal owner under the local municipal 51 2 Ibid at 14, page 317. Ibid at 39, page 317 (Risk Reward Issues). 24 laws. In such situations, the legal and financial consultants, giving their expert advice on such structures, are required to strike a counterbalance, so that the Shariah conditions and requirements are satisfied and are also accepted and applicable under the governing law. 53 There are certain issues relating to the character of Islamic financing that come up too often and thus need to be discussed. Some of these are discussed below but the list is not intended to be exhaustive. IndemnitiesThe Shariah principle governing the operatio n and conditions of Islamic financing expressly prohibits tribute for a loss or damage that is not caused by the customers default. Shariah sees the whole idea of seeking indemnity from the customer as unfair, notwithstanding the fact that the particular asset may have been chosen by the customer. Matters relating to the title to the asset, its seaworthiness for its intended purpose and taxes that are imposed on ownership raise some serious and significant credit issues when one is dealing with a major capital asset, e. . aircraft or a vessel. Having said that, there must be some alternate basis for an Islamic financier to claim indemnity. Suggestions have been upcoming in the form of seeking indemnities based on the concept of public need or indispensability or by other methods, to cover the risks. E. g. such methods could include obtaining the benefit of warranties from the supplier or the manufacturer of the asset and assurances that the asset(s) are in perfect condition and h ave been validly perfected for the intended use.The financial position of the assignor (and any available insurance protection relating to the assignor) would also have to be assessed. 54 In contrast, in the case of Conventional financing, the customer often provides wideranging indemnities in order to protect the bank from any risks related with the ownership or use of the asset. The banks are not concerned with the issue of fault and are more keen to ensure that they are insulated from credit risks, arising from the ownership, use or operation of the asset. 55Warranties As the owner of the asset, the Islamic financier may not be able to discharge the benefit of some warranties to its customer under the Shariah principles. In few instances, the Islamic financier has the benefit of the guarantee from a third party that can be assigned to the customer (i. e. from a manufacturer). It has been permitted that the Islamic financier could expressly exclude any warranty from the Islamic financial institution in the customers favour to the end that it is covered by the assigned warranty.This does not seem to be an adequate solution in that it is often impossible to describe with accuracy the purpose of the warranty being assigned. Inevitably, some of the warranties may not be covered by a third party assignment and thus the Islamic financier will still be providing the benefit of some warranties to the customer. In a Ijaraha (leasing) transaction the balance of such warranties, which cannot be excluded under Islamic principles may possibly be covered by insurance. 3 Ibid at 39, page 318, para 2 & 3. Ibid at 39, page 319 (Indemnities). 55 Ibid at 39, page 319. 54 25 Thus, if warranties will raise Shariah related issues, the Islamic financier must immediately try to identify those residual warranties that cannot be covered to decide whether or not this renders the transaction commercially inconceivable, particularly, if its financial return will not reflect these ad ditional risks. 56 wages and Liquidated damagesIn Conventional financing, if the borrower defaults on any payment due on him, default interest is charged as against him, thus compensating the banks. This approach is unacceptable as regards Islamic financing, due to the patent reason of any such compensation/liquidated damages tantamount(predicate) to charging interest. Unfortunately, the experience of Islamic financiers in trusting their customers, that they would pay on time, has not really been successful, and there is a general agreement that there must be some form of penalty if a customer does not pay on time.The Islamic financier can only claim compensation if it suffers loss or damage due to the true fault of the customer. The compensation must reflect the actual loss of the financier. Most Islamic financings have a compensation provision dealing with failure to pay on a due date and which uses a benchmark linked to LIBOR, as discussed above. The entire purpose of such pro visions is not to compensate the financier, but to fineness it as an incentive to the customer to make payments by the due date. 57 Events of defaultIn a Conventional financing, there will be a progression of cases of default, which will give rise to rights in the favour of the banks, and in particular, the right to demand the repayment of outstanding debts. As a general principle, the latter view is accepted by the Shariah law, as long as the customer is at fault. In a Conventional financing, there will be events of default that are not within the customers control. It is considered as unviable to include such events of default in an Islamic financing, and each event must be diligently drafted to take account of the latter. 8 This, however, raises credit risks, which if not compensated for by the customer in the form of an increased return to the Islamic financier, may force the latter to take on extra risk, which will be without any reward. This issue becomes even more vital in t he case of a co-financing that involves both Islamic and Conventional financing. The Conventional banks will surely not like the idea of Islamic facility not going into default at the same time as them, and this could possibly have adverse effects on the security sharing under inter-creditor arrangements.It has been argued that in these circumstances the Conventional banks should accept the position of Islamic financiers, however, the prevailing position is that the Conventional financing is the controlling financial force in the world and thus it is often surd for Islamic financial institutions to have their views stand in a co-financing. Examples of events of default that can potentially cause dispute between Conventional and Islamic financiers would be nationalisation, requisition, loss of air traffic rights and force majeure. If there is disagreement as regards any of the above mentioned events of 56Ibid at 39, page 320, para(s) 2 & 3. Ibid at 39, page 321, para 1. 58 Ibid at 3 9, page 321, (Events of Default) para 1. 57 26 default, then it is advised that they must be put into a separate category of events called by some other name, such as events of mandatory prepayment. 59 If there is an event of default the customer may be obliged to purchase the asset, at a predetermined price. That obligation must not be listed in the same document (i. e. the lease) to avoid concerns regarding conditionality but should be contained in a separate document, e. g. an option or a deed of covenant.If the event of mandatory prepayment arises, the customer will not be in default but the happening of such an event will enable the financier to exercise a right or option allow to it by the customer in a separate document requiring the customer to purchase the asset. The conclusion to this whole procedure being that, on the face of the document, the events of default will be Shariah-compliant and for events of mandatory prepayment, there will be a Shariah-compliant system that results in the asset being purchased, thus clearing the amount that the customer owed the Islamic financier. 0 Set-off It has often been disputed that the concede of set-off rights that are solely in favour of the Islamic financier, is against the Shariah precepts, which require an Islamic finance transaction to be fair and reasonable when taken in the context of the customer. The aforementioned issue has been resolved in various transactions by providing that there are statutory set-off rights that cannot be waived and which keep an acceptable balance as regards favouring the financier and the customer. 61 B. Construction and Lease FinancingSpecific Issues in Relation to Ijaraha (Leasing) Transactions Insurance and concern responsibilitys As per the Shariah principles, the lessor must remain liable for several insurance and major maintenance obligations. Obligation and the financial consequences cannot be transferred on to the lessee, pursuant to the terms of the lease. The ins urance obligations relate to the structural or property insurance. However, the lessee can be held responsible and liable for the cost of operational insurance, such as the business open frame insurance and third party insurance (to the extent that it relates to operational risks).The latter mentioned principles can possibly have serious implications for an Islamic financier. The direct costs involved in, e. g. maintaining an aircraft and the indirect costs and liability resulting from the failure to perform such maintenance can prove to be very significant. 62 There must be some mechanism to transfer some risk on to the lessee, or sharing of risk if you like, which, on the face of the document is Shariah-compliant. 59 Ibid at 39, page 321, para 3. Ibid at 39, page 321, para(s) 4 & 5. 61 Ibid at 39, page 321, (Set-off), para 1. 62Ibid at 39, page 322, (Insurance and Maintenance Obligations). 60 27 The most obvious approach is to appoint the lessee as the service agent of the lessor (Islamic financier) in order to perform these activities, which would include nonrecreational the insurance premiums and the maintenance costs. The service agency agreement must specify that the service agent will indemnify the lessor for any default on his part, in the performance of these obligations. However, on the basis of general precepts, an agent must be compensated for any costs properly incurred on behalf of its principal.Usually, a nominal fee is paid to the se