Criminal Cases in Healthcare Essay Example | Topics and Well Written Essays - 750 words

Criminal Cases in Healthcare - Essay Example The identified case for review is available from The New York Times. Flegenheimer authored the article that was published on 25 May 2012. In the case, a patient called Martin was awarded 120 million dollars as compensation for brain damage caused by negligence among healthcare personnel. The identified liability was proportionately shared among five parties, Jacobi Medical Centre, Kings County Hospital Centre, Brookdale University Hospital and Medical Centre, healthcare personnel and the plaintiff (Flegenheimer, 2012, p. 1). Facts of the case identify mismanagement of the patient’s treatment at the different hospitals where she sought medical attention because of seizure. The allegedly improper care led to health complications including Martin’s brain damage and adverse skin complication (Flegenheimer, 2012). The scope of the case identifies professional malpractice – negligence – among the involved care personnel with a limited scope of contributory negligence from the plaintiff. Based on the essentials of a contract, as implied by a physician-patient relationship, healthcare personnel and a care organization, by vicarious liability, have legal obligations to handle a patient with uttermost care that is reasonable within the professional practice. Failure to observe such care identifies criminal and civil negligence (Witt, 2006). Martin’s position as a patient at the care facilities and her subsequent injuries satisfy the legal essentials of negligence that includes existence of a duty of care, breach of that duty and a subsequent loss due to the breach (Madden, 2003). Contributory negligence, however, partially shifts liability to the patient (Lunenburg & Ornstein, 2007). The doctrine of negligence and contributory negligence implies liability on both the defendant and the plaintiff for failing to take due care in managing the plaintiff’s conditions. The care

Organizational Behavior Essay Example | Topics and Well Written Essays - 1750 words - 3

Organizational Behavior - Essay Example Thus, some biased individuals cannot perform at the highest level, because of their own prejudices. Actually, biases are too powerful triggers of negative energy and emotions. Moreover, employees can be exposed to biases of the managers and employers. In the result of this type of biased context and relations, qualified people can be excluded from their future successful careers or effective performance at work. There are two main categories of biased people. The first group holds a stronger implicit bias and another group of people are less biased. It is possible to differentiate and claim that there are 2 main types of biases: a counter intentional and unconscious bias. In accordance with this classification, even the person with good intentions, reputation and many other positive traits can let his biased ideas and intentions go. Managers are responsible for prevention of biases. For example, they can motivate an employee's performance, involve a superior character of employee's d evelopments and cooperate with employees effectively at different levels. There is a famous case Thomas v. Kodak where an implicit bias was identified. The court claimed that they identified "subjective evaluations which could easily mask covert or unconscious race discrimination" (Banaji, Bazerman & Chugh, 2003). In this case we can consider a corporate liability and creation of a stable basis for prevention of potential biases in the future. One of possible ways out of dealing with biases is the Implicit Association Test. A person can reveal his hidden biased beliefs if he passes this type of test. For example, he can think about association triggered in his head, when he looks at the words connected with images of different people. Data obtained in the result of tests processed... This paper stresses that cognitive loading implies a large number of ethical issues concerning the use of the faking warning. Whether it is a breach of professional ethics or not is a challenging question. Personal issues should be considered and biases can be revealed in the process of test's application. On the basis of obtained results, it is possible for the managers of the organization to define levels of biases classification. However, it is possible to introduce a certain degree of coaching in the Company and conduct further research on various biases. In other words, even if the cases of biases in the organization are identified, it is possible to develop possible strategies to deal with them. It can be claimed that not always application of Item Response Theory may be helpful in identifying biased persons who provided faked answers. In the majority of cases, IRT is based on a mathematical model and the relationship between test-takers' levels on the personality trait being m easured and their ability to choose different types of response of a certain personality test item. This report makes a conclusion that biased prejudices exist in the modern organizations. The basic sources of prejudices and biases are racism and sexism. A person can be biased either intentionally or not. It is relevant to identify a biased nature of a potential employee to foster the organization's progress. Modern society and media pervert moral judgments of people and there is no one to be blamed for biases, but only people. We have developed the world we live in. We have created conditions for biases development and it is on our behalf to deal with social prejudices biases.

What Is Syariah Law By Meaning Philosophy Essay

What Is Syariah Law By Meaning Philosophy Essay The term Sharia itself derives from the verb sharaa, which according to Abdul Mannan Omars Dictionary of the Holy Quran connects to the idea of spiritual law and system ofdivine law; way of belief and practice (45:18) in the Quran. Definition of Sharia law. Sharia (Arabic: Ø ©ÃƒËœÃ‚ ¹Ãƒâ„¢Ã…  ÃƒËœÃ‚ ±ÃƒËœÃ‚ ´ ; also SharÄ «ah, Sharia, Shariahor Syariah) is the Arabic word for Islamic law, also known as the Law of Allah. The word sharia mean the right path, refers to traditional Islamic law. The Sharia comes from the Koran, the sacred book of Islam, which Muslims consider  the actual word of God.  The Sharia also stems from the Prophet Muhammads teachings and interpretations of those teachings by certain Muslim legal scholars. Muslims believe that Allah (God) revealed his true will to Muhammad, who then passed on Allahs commands to humans in the Koran. Islam classically draws no distinction between religious, and secular life. Hence Sharia covers not only religious rituals, but many aspects ofday-to-day life, politics, economics, banking, business or contract law, social issues and legal rules, is more than legal system, strictly speaking. Islam is al-deen which is the way of life. Sources of sharia law. Basically the primary sources of sharia law are the Quran, Hadiths or Sunnah which is the sayings, practices, and teachings of the Prophet Mohammed. The secondary sources are ijma, qiyas, ijtihad and istihsan. School of Sharia law No. Schools of sharia law Explanation 1. Hanbali Most conservative school of Shari`a. Used in Saudia Arabia . 2. Maliki Based on the practices of the people of Medina during Muhammads lifetime. 3. Shafii Emphasizes on opinions, companions of the Prophet Muhammad 4. Hanifi Most liberal school, relatively open to some limited modern ideas. WHAT IS HUDUD LAW BY MEANING? Etymology. It means limits, or forbidden and also as  definition. The root word is derived from the Arabic hadd. Literally hudud  (Arabic, also transliterated  hadud,  hudood; singular  hadd,  ÃƒËœÃ‚ ­ÃƒËœÃ‚ ¯, literal meaning limit, or restriction) is the word often used in  Islamic  literature for the bounds of acceptable behaviour and the punishments for serious crimes. Definition of hudud. In Islamic law or  Sharia, hudud usually refers to the class of punishments that are fixed for certain crimes that are considered to be claims of God. They include theft, fornication and adultery (zina), consumption of alcohol or other intoxicants (khamr), and apostasy. According to Islamic dictionary hudu law is define as muslim law: divine punishments; the category of crimes most egregious and therefore most severely punished. Sharia is an Arabic word meaning the right path. Crimes in Islam Crimes under Islamic Law can be broken down into 3 major categories. Each will be discussed in greater detail with some common law analogies. The three major crime categories in Islamic Law are: Hadd Crimes [plural Hudud] (most serious), Tazir Crimes (least serious), Qisas Crimes (revenge crimes restitution). Hudud crimes. Hadd crimes are those which are punishable by a pre-established punishment found in the Quran. These most serious of all crimes are found by an exact reference in the Quran to a specific act and a specific punishment for that act. There is no reducing the punishment for a Hadd crime. Hadd crimes have no minimum or maximum punishments attached to them. The punishment system is comparable to the determinate sentence imposed by some judges in the United States. If you commit a crime, you know what your punishment will be. No judge can change or reduce the punishment for these serious crimes. The Hadd crimes are: Murder, Apostasy from Islam (Making war upon Allah and His messengers), Theft, Adultery, Defamation (False accusation of adultery or fornication), Robbery, Alcohol-drinking (any intoxicants) The first four Hadd crimes have a specific punishment in the Quran. The last three crimes are mentioned but no specific punishment is found. Thus the last three crimes, the punishment falls into taazir crimes which the punishment is declared by the government. Punishments under hudud law. Hudud  punishments are the severe  penalities prescribed by  sharia  for offenses defined as being against God himself. The punishments for these crimes are seen as divinely ordained and cannot be changed by humans. Methods of Execution HOW SYARIAH AND HUDUD LAW APPLIED IN MALAYSIA? According to Islam, a state which use holy quran and prophets tradition as its state constitution and the law that govern the people is an Islamic law is an Islamic state. The rulers also must be elected from muslim members in their community. Article 3 of the Federal Constitution stated that Islam is the religion of the Federation. But as such stated in Article 11 of the Federal Constitution is that every person have the right to profess and practice their own religion and subject to Clause 4, to propagate it. Article 3 merely declares that Islam is the official religion of the federation. It does not declare as does Constitution of Pakistan that the federation is an Islamic state. In Malaysia, although sharia law is applicable to all Muslim, but it only deals with family law and the division of property. Not all chambers of sharia law is applied in Malaysia. Basically for crime, the punishment is laid down in Penal Code. Recently, the government of Kelantan express their intention to impose hudud law in Malaysia while the other opposition side refuse to, especially DAP which their members all are non-muslim and Parti Keadilan Rakyat. Taking into consideration how you wanted to govern the people which are not muslim and didnt have faith in it, to follow its rules? As rational human beings, naturally we understand that in life there is such a thing as limits to whatever we can do or experience in all that takes place upon ourselves or others for the matter. No matter what particular matter or issue that we want to dwell upon or commit, we know that the law of nature always prevails over us or any circumstances. How much can we eat? How much can we drink? How much can we carry? How fast can we go? How long do we want to live? There are just so many things that we can keep asking each and everyone of you reading this and almost always you will agree with me that there is only a certain amount of things or eventualities that can take place. History is the best teacher of us all where it concerns matters that mankind are so desperately after? Power, strength, youth, beauty, libido, masculinity, femininity, authority, wealth, all the spoils of this earthly life that one can imagine and crave for? Reflect back to our coming into being. From a embryo after being conceived by our mother as a result of the physical union of our parents, we develop from stage to stage and eventually become a fully formed human baby in our mothers womb and at the appropriate time and moment decided by Allah the Almighty, we are born and delivered into this earthly realm. If we had stayed any longer in our mothers womb, there might be a danger both to our mother and to us as an infant ready to come out into this world. There is a certain limit to pregnancy. Thats a form of hadd or limit. Coming back to the main gist of this posting, we now have to understand what the Hudud in Islam means? As stated above, the ulama of Fiqh define hudud to be a Code of Punishments to be implemented by the authorities in an Islamic nation upon criminal acts carried out by the offenders who are proven without a doubt to be guilty of such crimes and upon conviction be punished as decreed by the Almighty. It is tosaid that if hudud law will be enacted in Malaysia, some of the execution must be recheck and change to suit the society now. As such, there is no provision for any punishments decreed by Allah SWT to be reduced, added on or altered by Mankind. The Hudud is Allahs Rights upon us Mankind. Criminal punishments upon those found to be guilty according to the Hudud Laws can not be dropped against the criminal or criminals by any individual or society as a whole. The Hudud Laws are meant to be a safeguard from the Almighty to protect human society from all forms of crime and to preserve peace, social orderliness and to ensure the safety of the general public. Any form of wrongdoing committed by any individual or group is to be judged according to what has been laid down in the Supreme Constitution of Allah SWT in the form of the Holy Al Quran Al Karim and as per the Hadiths of His Greatest and Final Messenger to all Mankind, the Blessed Prophet Muhammad S.W.T. Part A ( Chart Research ) SUGGESTION TO IMPLEMENT THESE LAWS ONTO NON-MUSLIMS. There is suggestion to implement these laws onto non-muslims, but, question arise whether this is workable? Our group had divided into three categories during our research and analysis on this suggestion where we suggested to divide the opinion to the basic of 3 findings, which consist most general(society Malaysia), less general(MMU student), and specific(lecturer and legal expertise). First category is on the views given by society in Malaysia. CHART 1 : MALAYSIAN CITIZENS VOTES ( Based on Poll Opinion on Internet ) The second category is according to the societies votes in Malaysia included those non-Malaysians who lived in Malaysia. Chart 2 : MMU Votes According the chart above, which derived from the poll, survey and interviews that made by our group. There were 30% of Muslims in Malaysia totally disagreed to implement these laws in Malaysia, and, 10% of them agreed to implement it in Malaysia, 2% of them were neutral positions. While, for the votes given by non-Muslims in Malaysia, there were 35% disagreed and none of them vote for agree or neutral. On the other hand, Muslims but not citizens of Malaysian gave 5% agreed and 5% disagreed towards the suggestion but none of them give votes for neutral. Lastly, the non-Muslims for those who are not the citizens of Malaysia, totally disagreed by giving 15% of the votes. It can be conclude that 85% of the Malaysian citizens totally disagreed on the suggestion to implement these laws onto non-Muslims. Some of them said that there will be no equality and justice to those who has no beliefs in the religions. Not only that, there is also some sayings that the law is too excessive and strict to adapt in current society. There will be difficulties and challenges that government and society will face if they impose the law. LECTURER`S VIEW CHART 1 : Lecturer view`s and opinion`s In this chart, we can see that among 9 lecturers that had been interviewed, there were 5 lecturers that totally disagreed of the suggestion to implement these laws onto non-Muslims. One of them is Miss Nur Fazini Asro Binti Ramizi Sulaiman, which in her opinion, she said that As for me, the suggestion to implement hudud law to non -Muslims is unreasonable. This is because if it is to be look upon the legal perspectives itself, the Syariah law only has the jurisdiction within the matter of MUSLIMS only. The interpretation in the statute itself has define, who are to be governed within this kind of law. For an example, a non-Muslim cannot become a syariee law, only a Muslim can be a syariee law, same goes to the syariah law (implementation only to Muslim). Thus it may be seem to complicated if arguments, suggesting hudud law are to be implement to non-Muslims. Not only that, Dr. Mohamed Ishak Bin Abdul Hamid also stated in his opinion that Hudud law ,is created only to govern the one who are professing the religion of Islam, and as for non-Muslims , it shall be unfair for them, for hudud law to be impose on them , due to their lack of knowledge, pertaining on Hudud law. On the other hand, the other 4 lecturers were in neutral opinions. Neither agreed nor disagreed. According to Sir Gary Ng Kit Min, If it to be look upon to in this matter, it may be divided into 2 aspect which is, in religion perspectives and the legal system perspectives. If in religion perspectives, the syariah law, should be apply to muslim only, not to non-muslim ,but if in legal perspectives, if the parliament passed a law, that which provides that the syariah law shall be the supremacy law in the country, thus the citizens (Muslim and non) cannot do anything except to accept it as the law of the country. As for Sir Jeong CP, have a different view pertaining on this matter, the religion is not wrong, if the question to be arose, such issues. Every religion have its own way in culturing of the individual who professing the religion itself, It its to be look in more liberal way, the religion is never wrong, it is one who are professing the religion are to be blamed for not giving the detail reason for his or her act. For an example, if it`s to be look in one principle of a car and a driver, the driver drive a car later caught into accident, who`s to be blame? The car or the driver.? The car is never to be blamed, as it had given, its fullest performance, well as for the driver? it may be the driver fault, maybe he was negligence when driving the car . Same goes to the religion, if there`s any defect, mischief or any mistake occurs to the society due to action done by an individual who professing such religion, it for them ( the individual ) to be blamed, as he or she has been negligence. The Al-Quran had put such many various way, to protect the maslahah (life in word and hereafter ) of individual, and any action done by an individual must have the sebabasbab ( reason ) .The society have been much liberal nowdays, any action done, must come with justifications and reason. Then the society may somehow be much open minded to receive any law to govern them, to develop a better society. Part B ( Articles and Newspaper Reviews ) ARTICLES SUMMARY [Hudud Law being applied in Terengganu, Malaysia]  [1]   As being shown in the article itself, Hudud Bill was being drafted by the Terengganu State Government and it constitutes a gross violation of the principles of justice and equality in Islam. Its being said that under this Hudud Bill, women who reported to been raped if being unable to provide evidence for the said statement, will be charged for slanderous accusation and 80 lashes; an unmarried woman who gets pregnant is assumed to have committed zina,  [2]  even if she has been raped; also a women cannot be taken as a witness for a case. The question arise here would be, how is this constitutional in the eyes of the law? In Malaysia we have a supreme law which is the Federal Constitution (FC) and under the FC, it provides equality section which made all persons equal before the law and entitle to an equal protection of law. The Hudud however, contradicts with the provision of the FC as it mentioned no discrimination shall occur in favor of any person under Art.8 of the FC  [3]à ‚  . It is important to note that all criticisms of Islam and its defense mainly rotate around its approach to women rights. Theres many criticism as to why Hudud shouldnt be applied in Malaysia, but the criticism is primarily focused on the stringent requirements of four reputable witnesses for offences such as adultery and qazaf  [4]  which according to them makes conviction for the abovecrime almost impossible.The evidence that could support the charge of adultery are the confession of either orboth the accused persons and/or eyewitness testimony made by four males, who are of justifiable and credible character. Anything else is merely circumstantial evidence and not admissible in a hadd prosecution.  [5]  Going back to the article itself again, question to be asked would be whether it would be unjust for the law to come out with a punishment of flogging 80 lashes if a clear proof of the rape committed couldnt be shown? The answer itself, lies under Art.8 of the FC as in the ca se of PP v DatukHarun bin Haji Idris  [6]  , where Suffian LP laid down the principle stating that if a law itself is discriminatory, one should see whether it falls within the exceptions allowed by the FC and if its not, it cant be said as a good law. As the situation laid down here, if we insist to apply Hudud into the Malaysian Legal System, even to the non-Muslim, it would definitely be unjust and contradicts with our Constitution as it is not obeying the provisions laid under Art.8 of the FC, which the equality of all before the law. Tun Dr. Mahathir, our ex-PM commented at the Hududs condition on rape offence, whereby four witnesses are required to convict a perpetrator, that today we have the modern equivalent tool of DNA. You can collect evidence of rape through collecting DNA samples and compare them with the offender.In Islam, the most important thing is justice. When you judge, you must make sure justice has been served. If you judge knowing clearly that this is unjust, then I think it is un-Islamic, he said.  [7]  And not to forget, Art.11 of the FC is interpreted itself to mean freedom of religion and therefore it is supposed to be a guarantee against prosecution on the basis of choice of religion thats being propagated. As for the effect of the Hudud on the gender relations if its being applied in Malaysia, there are many provisions in the Hudud discriminate against women. Women will not be accepted as witnesses and women are also most likely to be prosecuted for slander if they are not able to prove rape, which contradicts which our current provision of the Constitution. While in cases of adultery women which becomes pregnant will immediately be charged for the offence while it will be impossible to charge the male partner because of the requirement of four male Muslim witnesses. Evidence for rape is ocular evidence of four adult male witnesses or confession of the accused. The victims own statement has no testimonial value. Even if medical examination is taken and a sexual act has been proved to have taken place, the accused can still be acquitted. The woman is then convicted of zina. The onus is upon the victim to prove that she was not a consenting party to her rape. Even minors can be convicted of zina, unlike what is provided in the existing penal code, where consent of a minor is immaterial and statutory rape is applicable. All of these will then be causing gender discrimination in our country and the equality provision under the Constitution will therefore become unreliable under the provision of the Hudud if being applied here, in our country. ARTICLES SUMMARY [Hudud Law being applied in Saudi Arabia] Traditional Islamic law has become the basis for criminal law systems in Islamic countries. The most notable example of this is Saudi Arabia, where the Quran and Sunnah form the basis for the government and the legal system. Political Background Article 1 of the Constitution states that: The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; Gods Book and the Sunnah of His Prophet, Gods prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital  [8]   The legal system is, therefore, based on the divine revelation, rather than judicial decisions or written law. Article 38 of the Saudi Constitution sets forth that : (i)There shall be no crime or penalty except in accordance with a Shariah or organizational law. (ii)There shall be no punishment except for acts committed subsequent to the coming into force of the organizational law. This indicates that crimes and their penalties must be specifically set forth before punishments may be imposed. The Saudi Constitution also provides that the state protects human rights in accordance with the Islamic Shariah  [9]  . Legal System Saudi Arabian courts follow the Hanbali school. A judge in Saudi Arabia is called a qadi and must be trained as a scholar and a great follower of Islam  [10]  . There are three levels of courts. Mustajalah courts are the local courts and do not have jurisdiction over any case that could result in death. The High Courts of Sharia Law, or kubra, have jurisdiction over hudud and qisas crimes. Although usually only one qadi sits on each court, the hearing of a crime that would result in execution is heard by a panel of three judges. The three qadi conduct the investigation, examine witnesses, and issue a verdict. A defendant sentenced to death in a kubra court has a right of appeal to the Court of Cassation, and the case is heard by a five-qadi panel. During this review, the court does not examine the law or facts, but merely ensures that the judge has paid sufficient attention to the point of objection  [11]  . The Supreme Judicial Council reviews all death penalty cases. The Ki ng has final review. For death penalty cases for hudud crimes, the only review is of guilt; the penalty cannot be changed  [12]  . Population Saudi Arabia is the largest Muslim country of the world. It has an estimated population of 28 million. Saudi Arabia is a Kingdom and about 8 million people are migrants from different countries of the world. Saudi Arabia is the center of Muslims as the mousoleum of Holy Prophet Mohammed (PBUH) is in this country. According to The Future of the Global Muslim Population by Pew Research Center  [13]  , Saudi Arabia have about 25,493,000 estimated number of muslims population in 2010, which brings to approximately 97.1% of its citizen is a muslim. Thats about 1.6% of the muslim population as a whole. Educational System According to Robert Sedgwick  [14]  , education in Saudi Arabia is segregated by sex and divided into three separately administered systems: general education for boys, education for girls and traditional Islamic education (for boys). The religious secondary school curriculum includes the general academic secondary school curriculum but focuses primarily on Islamic and Arabic studies. Where memorization of the Quran, interpretation and understanding of the Quran (Tafsir) are stressed. Newspaper review ANALYSIS BETWEEN MALAYSIA AND SAUDI ARABIA Well it come to our understanding, on the paper based on its facts, analysis and others, we might able to implement this kind of law to both in Malaysia. But the question arose, whether when the government tries to implement this kind of law to both, would It be a total satisfaction to all who professing other religions? Indeed based on the analysis in Saudi Arabia country, it much obvious to see, hudud and syariah law, have well indeed, governed its government and society, whether in education, society, politics and legal system. But it come to much argument though, well if it is to be look upon the society of Saudi Arabia itself, Saudi Arabia is the largest Muslim country of the world. It has an estimated population of 28 millionapproximately 97.1% of its citizen, is a muslim. Thats about 1.6% of the muslims population as a whole. Differently in Malaysia which consist a multi-race society, which professing other religion instead of Islam itself. It would be easy to implement to Saudi Arabia, where its citizens, almost 97% professing the religion of Islam, while in Malaysia at least 30% of its citizens, professing the religion of Islam. Further to be illustrated that, as to be seen in respect of Education matters in Saudi Arabia, the government itself have well emphasized the society with primarily on Islamic and Arabic studies where the government of Saudi Arabia divided the system of education, into three parts which is education for boys, education for girls and traditional Islamic education (for boys), since their childhood. Differently, in Malaysia, it seems that the government itself does not really emphasizes the teaching of Islam (like fardhu ain) to the citizens, where the general education are ought to be champ. To be concluded, if one argument arose that the hudud law are ought to be implemented in Malaysia, first aspect to be considered is, the government of Malaysia itself may need to take a reconsideration to send a few people of ulama to have an emphasize knowledge of hudud and syariah law in any other Islamic country for example Saudi Arabia. As far to be concern, Malaysia have none who is really have such a perfect detail knowledge of any arguments pertaining to hudud law itself. Differently in Saudi Arabia, it would be easy to implement hududlaw there, as to the reason, there is many ulama who are far concerned, well learned of the syariah and hudud law themselves. THE DIFFICULTIES AND CHALLENGES ON THE IMPLEMENTATION OF THE HUDUD LAW IN MALAYSIA. Crux of hudud controversy, is the fact that both sides do not understand democracy and do not respect the democratic right of someone to support or oppose what they feel they want to support or oppose. Being a citizen of a democratic country, every citizen has a democratic right to drea about the Hudud and to support it, also to have nightmares about Hudud and oppose it. The implementation of hudud law (or any law for that matter) in Malaysia remains a possibility under democracy. It is not yet implemented because the majority of Malaysians including the Muslims themselves for some reason do not want it. They are simply practicing their democratic right by not giving it their consent.  [15]   Seen from a broader perspective hudud is not actually the real problem. It is just a form of punishment for a number of crimes mentioned in the Quran. Only criminals and criminals want-to-be, we might say, should be afraid of it. A proper Muslim would never reject hudud per se because he knows that it is a part of Islamic Law and it is a part of Islam. But a proper Muslim also would not allow people who are incompetent to use hudud as their rhetoric just to get into power because they are going to create bigger disaster. Hudud and Islamic law will not appear good and convincing in the hands of those who do not possess adequate moral and intellectual integrity. Hence, this is a matter of giving the trust to the rightful people. Implementing hudud is a big trust and it should not be given to just anybody. If the ability is not yet there, the real responsibility of the Muslims is to get themselves equipped with what it takes to carry out that responsibility.  [16]   So the real problem is the Muslims themselves who are, as a whole, no longer good Muslims in term of their understanding and practice of Islam so that they are not capable of carrying out their duties and responsibilities as it should be. As such, and as a matter of priority, what they really need today is a proper education that will make them be a good Muslims morally and intellectually. It is true that the criminals among them need to be punished according to Islamic law but that is not going to happen anyway if the majority do not believe in Islamic law or have no confidence in those who want to implement it. So now, the crux of the matter is actually education, only a properly educated human being will be able to use his democratic right wisely. When we talk about the education, the emphasis is on the individuals, not the society, and what matters most is ethics and morality instead of politics and law. Islamic law and political system cannot be conceived nor practiced outside the framework of Islamic ethics and morality because justice actually begins with the self. Even divine law cannot bring justice to the society if it is left in the hand of incompetent and corrupt individuals. A corrupt government can be brought down through the ballot box but it does not guarantee that the new government will be better that the previous one. True reform must ultimately come from a gradual process of education that is properly conceived and implemented. Our politicians, unfortunately, are not really interested in education. Perhaps, due to being poorly educated themselves, they do not see anything greater and more important than power. They think only with power and kind of reform can be done, hence their first concern over anything else is to get into power.  [17]   Besides that, the Malaysian Bar, stated that the Hudud cannot be implemented within the current constitutional and legislative framework. This is because, the law, as it stands, does not allow for the implementation of hudud by the States.   The Federal Constitution only allows the States to enact laws creating offences by persons professing the religion of Islam, against the precepts of Islam, and the respective punishments for such offences. With respect to the nature of such offences, these offences cannot include matters within the legislative powers of the Federal Government.   Therefore, there can be no replication of any of the offences within any Federal law with a different degree of punishment only for Muslims. Further, these laws, if enacted, must themselves be consistent with fundamental liberties guaranteed to all citizens, including Muslims, under Part II of the Federal Constitution. As to the scope of the punishments for offences against the precepts of Islam, the extent must be conferred by Federal law. The Syariah Courts (Criminal Jurisdiction) Act 1965 provides that the Syariah Courts in all States shall not exercise jurisdiction in respect of any offence punishable with imprisonment for a term exceeding six strokes or with any fine exceeding five thousands ringgit or with whipping exceeding six strokes or with any combination thereof. Hence, the penalties that Syariah Courts can mete out are clearly circumscribed, and do not inclu

Feminism Essay -- essays research papers

Feminism Feminism is the belief that women should have economic political and social equality with men. This term also refers to a political movement that works to gain equality within a male and female relationship. In a male and female relationship both the roles of the male and female should be equal. Equal in many ways ten one: they should trust each other, share responsibilities, listen to one another, respect each other, and of course love one another equally. This type of relationship is not found now a days because of the many traditions which imply that women are inferior to men. They also imply that women should stay home all day watching soap operas, taking care of the children, and making the food for their tired husbands coming home from a long day of work. Many cultures think this is how a family should be. In other cultures the woman is thought to be so inferior to the man that the woman can not even go outside of the house without having her face covered with some type of cloth so another man (other then the husband) will be able to see the woman’s beautiful face. Some people were brought up to think that the woman is inferior to the man whether it be from the traditions in the culture to the many sitcoms people watch everyday or even years ago. Some of these normal sitcoms show the wife watching TV and eating junk food all day and when the husband comes home from a hard day of work and the wife nags the husband’s ear off (Married With Children). Even tho...

Contemporary America Essay

Joven Isamer Bilog 12 Apr 2011 History 162 Section 8 America’s role in World War II was fueled by the desire to fight oppression abroad. However, America’s own oppressive behavior contradicts this desire. Segregation and discrimination were still prominent in WWII. Full citizenship rights were denied to African-Americans. The Jim Crow laws kept the separation of black and white soldiers. Black and white soldiers shared different bathrooms and were trained in different military units. African-American soldiers fought two wars: one over the Axis Powers and one with domestic racial prejudice.There is no sense for America to fight for democracy if America could not have even exemplified it. There was no motive to guide an African-American soldier to shed blood for hypocrisy. In January 1942, a cafeteria worker named James G. Thompson sent a letter to the Pittsburgh Courier that decided to confront the contradiction of a Jim Crow army defending democracy and proposed the Dou ble Victory sign. The first â€Å"V† stood for victory over America’s enemies abroad and the second V stood for victory over African-American’s enemies at home.The Pittsburgh Courier’s â€Å"Double V† campaign was a profound movement that provided incentive for African-American war efforts and effectively revealed the disparity between America’s ideals abroad and the reality at home. The Double V campaign instantly grabbed the attention of the Pittsburgh Courier which started publishing the Double V insignia in its February 7th edition. Thompson’s letter made an immediate impact due to its simple yet memorable slogan with the words. His Double V idea was great enough for a very popular black press to quickly support.The slogan â€Å"gave voice to a democratic dream that would be widely shared across the country. † African-Americans could quickly relate to the cause because of its positive message. The Pittsburgh Courier used gr eat tactics such as photographs to charge the â€Å"Double V† Campaign. The photographs in the paper had a woman with a â€Å"VV† on the back of her dress, a class of six graders flashing the Double V sign and a soldier forming a Double V with his hands and two military flags. The campaign did not discourage patriotism or influence a turn against America.It called for the democratic truth America tried to embody. Private Charles F. Wilson wrote to President Roosevelt, â€Å"Are the Chinese to believe that we are fighting to bring them ‘freedom, equality, and justice,’ when they can see that in our Armed Forces we are not even practicing what we preaching? † This illustrates the powerful effect the campaign had in motivating people to stand up for the double victory cause. Democratic America was a fraud in World War II and Thompson’s letters called America out to be a true model for democracy.White America only had to worry about the victory o ver the Axis powers. The Double V showed the greater challenges colored Americans had to face. An African-American soldier named E. G. McConnell of the 76ist Tank Battalion said, â€Å"I was in a unit I was damn proud of, and I knew that the things we did would shape the future for my children and grandchildren. † The soldiers who felt unsure about the war now had a certain answer which was that the ideal would be one day reached with enough sacrifices. The maintenance of patriotism is vital to unifying the country.Black and White Americans live in America. Love for one’s country is something that can be undeniably shared. The Courier’s introduction of the Double V Campaign had a brilliant statement which was â€Å"WE HAVE A STAKE IN THIS FIGHT†¦. WE ARE AMERICANS TOO! † This statement shows that all Americans no matter what race share the loyalty and pride for the country. Black and White Americans share the same goal in defeating the Axis Powers in the name of democracy. African-Americans have just as much to lose as White Americans. Support for the campaign also came from famous whites.Politician Thomas Dewey supported the campaign stating, â€Å"All Americans must participate in the terrible struggle ahead – in our munitions factories at home – and in every branch of our armed forces on the battle fronts. † This shows how the Double V campaign was able to make the problems on the home front evident. The Pittsburgh Courier showed a picture of a black and white man showing the Double V sign in its Feb 28, 1942 edition. This showed that the fight for democracy was not limited to that of a colored American. The Double V ideal was available to all American people.The Courier gracefully executed a fight not against the whites but to fight with them. The National Association for the Advancement of Colored People (NAACP) denounced the army’s segregationist policy: â€Å"A Jim Crow army cannot fight for a free world. † The mutual effort between colored and white Americans was necessary to defeat the evils of discrimination. There can be no peace and justice without cooperation because a change in a nation requires everyone. The editor of the Pittsburgh Courier wrote: â€Å"We call upon the President and Congress to declare war on Japan and against racial prejudice in our country.Certainly we should be strong enough to whip both of them. † This statement illustrated America’s great potential to win both victories and amplified America’s greatness. If America is fighting for democracy abroad it should be easily able to fight for democracy at home. There was a calling for America to prove it is a truly marvelous country that conquers any problem. The two victories coexist well because the fight is the same but just in different areas. Just as much as democratic principles were being eradicated in Europe by the Axis Powers; democratic equality was being ignor ed in America.Black columnist George Schuyler said â€Å"Our war is not against Hitler in Europe, but aganst Hitler in America. Our war is to get a democracy we never had. † Schuyler points out that only is there a problem with World War II and the fight against Germany, but that there is a segregation and discrimination problem on United States soil. The victory at home is necessary for the victory abroad because there is no justification in fighting for a contradiction. Black soldiers’ presence made a huge difference for America. African-Americans were allowed into the Air Corps on January 16, 1941 and the War Department office was flooded with applications.Although black soldiers were able to fight in the sky they still faced racial prejudice. â€Å"Promotions of blacks were nonexistent; it was obvious when young whites were promoted over blacks with years of exemplary military service. † These black soldiers personally felt the harsh discrimination. Their ha rd work was overlooked and there was nothing to be done about it. The War Department was stern on its traditional treatment of colored soldiers. These soldiers could not protest the discrimination. The â€Å"Double V† campaign gave them the ability to protest by instilling the idea that fighting in the war will later result in a better future.The soldiers were fighting for the second victory at home. A Tuskegee administrator said, â€Å"When Negroes do not have to be continuously on their guard against such unnecessary strains during the period of their flying training they will do better as flyers. † This illustrated a contradiction because segregating training camps is a definite example of racial discrimination. The segregation cultivated strains of doubt and hopelessness in the minds of the black soldiers. The Double V helped link black soldiers’ urge for victory in WWII with the hope for an end to discrimination and segregation.A black airman in the 99th, a nd an eventual Tuskegee Airman, â€Å"every man in the 99th was aware that the success of the 99th would impact the status of blacks in the Army Air Force and the army as a whole and that each man performed his job as if the race depended on him. † The â€Å"Double V† Campaign gave black America the opportunity to feel like they were a part of a greater struggle for freedom everywhere. One soldier said, â€Å"Just carve on my tombstone, ‘Here lies a black man killed fighting a yellow man for the protection of a white man’. This showed the paradox that they are expected to do the same dangerous and life risking things as the white man but do not reap the same benefits. Black soldiers were willing to protect country even though the relationship was not reciprocal. These black soldiers needed to risk their life for a worthy cause which is what the â€Å"Double V† Campaign did by providing them with the motive of victory on the home front. Considering U. S. involvement in WWII â€Å"government officials began stressing the need of a united home front to ensure victory, and many blacks realized that whites could no longer ignore the issue of discrimination. With the increasing participation of colored Americans in the war, the issue of discrimination became a bigger concern. The issue could no longer be avoided. The Double V stepped in at the perfect time and confronted the issue of discrimination. As can be seen throughout the whole of this analysis, The â€Å"Double V† campaign was a profound movement that provided incentive for African-American war efforts and effectively revealed the disparity between America’s ideals abroad and the reality at home. Thompson’s words were very inspiring because he showed the perseverance to overlook all the unjust treatment and still have optimism in America.The positive assertion contributed greatly to the success of the campaign. The â€Å"Double V† campaign was o ne of the most extensive patriotic drives in the country during the war because it kept black America appraised of the struggle for victory overseas and victory at home through numerous publications. World War II gave African-Americans the perfect opportunity to change the ways of America. It was impeccable timing for the â€Å"Double V† campaign to start. Many African-Americans participated in the war and were willing to sacrifice their lives.There were also many African-Americans such as men in the military who questioned if was worth defending a nation representing hypocrisy. The â€Å"Double V† Campaign was started for these people who represented the common theme of discrimination. It was during World War II in which the possibility of African-Americans being heard. The connection of the two victories was clever because it demonstrated that African-Americans are fighting for everyone else and raises the question of why it is not reciprocated which shows that Afric an-Americans are entitled to equal rights.There is a request for cooperation among all Americans to truly represent democracy. To be constantly brought down by discrimination and prejudices and still persevere is mind blowing showed the amazing patience African-Americans had. The â€Å"Double V† campaign showed the public that there is a potential existence of an America practicing what it preaches where all men are created equal and no innate social, cultural or human right is withheld from you. ——————————————– [ 1 ]. Ronald Takaki, Double Victory: A Multicultural History of America in World War II (Boston: Little, Brown and Co, 2000), 25 [ 2 ].Michael S. Foley, Home Fronts A Wartime America Reader (New York: The New Press, 2008), 56 [ 3 ]. Takaki, 21 [ 4 ]. Washburn, Pat The â€Å"Pittsburgh Courier’s† Double V Campaign in 1942 (1981), 4 [ 5 ]. Takaki, 30 [ 6 ]. Takaki, 34 [ 7 ]. James G. Thompson†The Courier’s Double ‘V’ For a Double Victory Campaign Gets Country-Wide Support,† The Pittsburgh Courier, February 14, 1942 [ 8 ]. James Edward Boyack, â€Å"Denounces Limit Placed on Negro in War Efforts,† Pittsburgh Courier, Feb. 28, 1942, 1 [ 9 ]. Washburn, 8 [ 10 ]. Takaki, 23 [ 11 ].Beth Bailey, â€Å"The â€Å"Double-V† Campaign in World War II Hawaii: African Americans, Racial Ideology, and Federal Power,† Journal of Social History 26:4 ( March 1993): 817 [ 12 ]. Takaki, 24 [ 13 ]. Lynn M Homan, Black Knights: The story of Tuskegee Airmen (Gretna, Lousiana: Pelican Publishing Company, 2001), 30 [ 14 ]. Homan, 71 [ 15 ]. Homan, 34 [ 16 ]. Lawrence P. Scott, Double V The Civil Rights Struggle Of The Tuskegee Airmen (East Lansing, Michigan: Michigan State University Press, 1992), 134 [ 17 ]. Takaki, 34 [ 18 ]. Washburn, 2 [ 19 ]. Scott, 167

Business: Revenue and Target Gross Margin

Additional facts about this case: 1. CHP is believed to be close to a long-term contract to supply parts to Medit, a giant construction company with excellent government contracts in southern France and nearby Euro countries. 2. Mission’s price for the coupling in questions (PT40) is $1. 26, FOB, Los Angeles. The target gross margin for exports is 30% FOB$1. 26 (location Los Angeles) COGS$ . 88 (Fixed) GTM $0. 38 CIF$1. 3627= $1. 36 FOB (1. 05) (1. 03)= 1. 0815 Pricing FOB $1. 33- $. 88= $. 45 $1. 54- $. 88=$. 66 Target (Gross Margin for exports 30%) 3.Mission has a reputation for high prices in the US, and running the factory below capacity limits will raise costs further. 4. International sales missed forecast for 1Q03 by 7%. 2Q03 forecast is $4. 3 million, but early customer response is not encouraging. International sales are now 20% below target. 5. Key account sales force compensation: 70% salary, 15% bonus on sales quotas, 15% bonus on profitability targets. 6. In 4Q02, Mission’s sales to CHP were $83k – 18% of CHP’s flexible couplings purchases. Questions to answer: 1. Write a short, one-paragraph summary of the facts in this case.Mission Rubber Technology Corp. is a company that creates an industrial product. The traffic has created trouble with CHP. Shipping has costs $11,000 for CHP because Mission Rubber Technology error. Damages occur often. The issues need to be addressed be Mission Rubber Technology and CHP is late on their payments. Late payment causes a lack of losing customers and cash, which can also cause a company to fail. Sales 20012002 $114k$165 Increased 165/114= 1. 44 percent growth The American market has become weak domestically and slowing down which businesses tend to lose assets.Sales and productivity decreases causing the growth of the business to also decrease. One of alternative is to globalization seeking for new business. An unsuccessful Cash flow issues can occur because lack of assets or maybe bec ame they okay with paying late. Price 2. Prior to negotiations, what price will you ask for each unit of PT40? 3. What is the highest price you think you can get for PT40 (explained)? 4. What is the lowest price you would accept for PT40 (explained)? 5. What is the highest price you believe CHP will accept (explained)? There are times when the company receives credit from the company instead of cash refunds.

Guide to How to Critique a Movie

Guide to How to Critique a Movie Tips on How to Write a Movie Critique Wherever you study at the school, college, or university, you may have to write different sort of papers, for instance academic one, critical essay, response paper, and so on. However, one of the favorite students writing assignments is a critical film review. Although you may choose the film you like and make your writing process much easier, a lot of students still ask how to write a movie critique correctly. Many first-year students and even senior ones are confused with the difference between the critical film review and movie critique. Therefore, the first tip on how to write a movie critique properly is to clarify the difference between a review and critique of a film. It is pretty easy when you realize that a film review is a way to discuss the plot, summarize it, and express your final opinion. Meanwhile, a movie critique paper requires you to conduct a in-depth analysis, draw attention to the characters speech, stylistic devices, settings and backstage, scenes symbolisms and its dynamics, reasons for the applied sound and video effects, etc. If you realize these things and like the chosen film, you will have no questions on how to write a movie critique. Still, if you struggle with your writing, you have two options. The first one is as follows: you can easily order a movie critique paper in one of the reliable writing companies, for example, Star-Writers, which provides you with w ell-written academic papers and essay for a decent price. The second one lies in the fact that you can use the following free and efficient tips on how to critique a movie provided by our highly-professional experts and film critics. Of course, we highly encourage you to write a paper by yourself to challenge and improve your writing and critical thinking skills. These tips will unequivocally help you, so go on reading to know more! Seven Steps in Writing a Movie Critique Few can answer precisely how to critique a movie since there are many various strategies and approaches nowadays. Therefore, we have gathered, analyzed, and summarized the most efficient and effective tips on how to write a movie critique easily and creatively. The first and the easiest tip on how to write a movie critique is to watch the film before writing a paper. The main task is not just to watch a movie as we usually do it on Friday evenings yet to be attentive to the tiniest details, characters, and dialogs. In other words, we should note some things we like and dislike in the particular motion picture. Depending on the film, you will notice different things. Therefore, we cannot tell what exactly you should draw your attention to, but we can recommend you putting down all things that attract you. The best way and criterion to miss nothing is to follow your feelings. It will make your paper one hundred percent unique. How to critique a movie without paying attention to the so-called film structure? Similarly to the novel, each movie has the preface, central theme, climax, and narrative closure or outcome. It is highly significant to realize and clarify all these main film elements and interpret them. Thus, you will have a couple of words on each aspect and can easily answer how to write a movie critique on this stage. How to write a movie critique without analyzing the main and minor characters? Each film consists of various and sundry characters with diverse features. Usually, each of them can act like a bad, good, or mixed temper person. One of the critical tip on how to critique a movie is figure out every single characters features and his role in this film. Even if it seems an unimportant or minor character, he or she may have a huge impact on the plot. Use some strategies on how to critique a movie character paying attention to the physical and psychological peculiarities. The next tip on how to write a movie critique is strongly related to the film actors, director, producer, release data, sound, and visual effects. Obviously, it is highly critical to observe each of these elements to realize the main idea of the film. Experts believe that analyzing all those things is the best tip on how to critique a movie in-depth. There are a few examples of why this strategy is efficient. Usually, a lot of films are dedicated to a particular event, date, or person, especially historical, documentary, etc. Realizing this directors idea will definitely tell you a lot about the whole film, it gives you a film skeleton you may use for further analysis. On the contrary, analyzing sound and visual effects helps you to describe what kind of emotions and feelings this film evokes. Also, the chosen cast of the film may tell you some hidden information and shed light on some interesting things that were not considered before. Do not retell the whole film and be concise is our next piece of advice on how to critique a movie we would like to share. Provide only those examples which prove your arguments or assist in explaining a bigger idea or concept. Make up a strict paper plan and follow it. In most cases, all academic papers consist of five main sections: General information about a film (director, title, data release), reasons you have chosen it (what attracts you), and your thesis, namely what problems or ideas you want to consider. Tell a few words about the film and describe its plot briefly. Include some details on settings, main film elements/characters, and movie type/style. Provide your readers with a deep analysis of all those things you consider significant for understanding the whole idea of the film. Using some examples and citation will be an advantage. Come back to your thesis and make a summary based on analyzed arguments and facts. You should also provide your persective and recommend or not the movie for a particular audience. The last but not the least word of advice is to edit your paper. Many students forget about proofreading and editing their papers since they focus mainly on how to critique a movie. However, try to make your paper readable and attractive, and it is the final tip on how to write a movie critique our experts recommend you! For more information on  how to write a movie critique correctly and where to get help in  critique writing, look at our article Movie Critique: Professional Guidelines. Of course, if you are under pressure of time or have other deadlines, you may send your draft to any professional writing services, and they will help you to compose your paper.  Never give up! Good luck! Just do it!