Wednesday, December 30, 2009
Dying of a Nation
Tuesday, December 29, 2009
My brief annual movie review
Tuesday, November 24, 2009
Special kind of endurance + 1st working day
Saturday, November 21, 2009
My heart is aching again....
Monday, November 16, 2009
Evolution of American legal education (originated from a Chinese PhD student)
博雅教育的色彩长期重于职业教育。甚至一直到20世纪初期,斯坦福、耶鲁等法学院都还把语言、数学、经济等文化课程作为法学院必修课。法律实务被视为一种手艺,主要通过学徒制(apprentice-ship)———而非法学院———传授。成为执业律师的必要条件,并不包括法学院文凭,反而是长达数年的学徒经历。
在殖民地时期及至建国之初,美国法律教育之目的,似乎不在于培养律师,而在于培养政治精英。由于缺乏一个依靠爵位、土地或军功而形成的传统上流阶层,美国社会的阶级划分依赖于职业的区别,尤其是职业所包含的文化程度和荣誉感差别。
对于彼时的白人男性而言,法律职业正是一种既能赢得广泛尊敬、又能超越一般人之上的最佳工具。游历美国的法国人托克维尔曾不无艳羡地说道:“假如有人问我美国的贵族在何处,我将毫不迟疑地回答……美国的贵族是从事律师职业和坐在法官席位上的那些人……由于法学家是人民信赖的惟一知识阶级,所以大部分公职自然都被他们占去。”
尤其是在兰德尔(Langdell)于1870年执掌哈佛法学院长一职后,首创“视法律为科学”的案例教学法,并和苏格拉底式教学法组合运用,因其成本低廉、效果突出,迅速风靡全美法学院。法律教育自此从博雅教育转向职业教育,整体风格和内容基本成型,并一直延续至今。
法学院成为一种职业学院,学术逐渐沦为“针对少数人的兴奋”。不管学术领袖们承认与否,很多法学院———也许是大多数法学院———真正关心的是其毕业生在律师资格考试中的表现。
显然,这种模式培养出来的法律学生,即便是最优秀者,也不能即时胜任律师工作。实务界对此颇有怨言。
1992年,美国律师协会(ABA)发布《麦克格雷特报告》(MacCrateRe-port),批评法学院“理论为本”的痼疾,倡导实施“实践为本”改革,建议强制要求学生参加实习或公益性实践课程,同时鼓励各州律考委员会改变考试内容,纳入更多实践技能,以确保考试通过者有能力即时参与律师实务。麦氏报告成为此后全美绝大多数法学院改革的模板。
案例教学的另一缺陷,在于固守成文之先例,潜心于图书馆的故纸堆中,与当下的现实社会相互隔阂。然而青年法律学子往往心忧天下,满腔热血,希望积极参与社会变革。
尤其是在二战之后,美国民权运动风起云涌,作为生力军的大学生们热切希望以一己之力,为社会进步略尽绵薄。在此背景下,以法律援助为内容的诊所课程迅速发展起来,在培养学生动手能力的同时,为社会尤其是弱者提供多方面的法律服务,可谓教学效果和社会效果双赢。正是因此,尽管面临师资、财政等诸多限制,诊所教育还是迅速普及全美,并大有与案例教学分庭抗礼之势。
不过兰德尔模式的最大弊端,可能在于过度强化律师职业的商业化、技术化倾向。一方面是市场经济“无形的手”,另一方面是法学院刻意的训练,导致律师愈发变成专业技术人员,律所也变成一种现代企业,对技巧和输赢的关心远远超越社会福祉。名校毕业生的首选,多半都是华尔街报酬丰厚的大型律所,投身公益者可谓寥寥无几。
面对法律职业理想的衰落,法律教育界也在反思法学院的授课内容和模式。其中最具影响力的呼声,来自诊所法律教育协会(CLEA)历时6年而完成的《法律教育的最佳方案》。
这一报告重申麦氏报告倡导的“实践为本”改革,建议减少使用案例教学和苏格拉底方法,重视职业伦理的培养,将知识、技能和价值观学习
有机融合,而非作为相互独立的教学内容。简而言之,最佳的法律教育,应当培养“既有能力(competent)、又有担当(responsible)的律师”。这一目标,大概可算早期精英教育与商业化职业教育之间的妥协。
纵观美国法律教育的数百年历史,一条社会与学校之间的互动脉络清晰可见。特定的历史背景对法律人的角色提出特定的期待,这一期待则需要由法学院的教育过程来实现。
法律教育的功能,终归在于为社会培养时代所需的人才。然而这一需求/供给过程并非一帆风顺,市场竞争和人的逐利本性,均可能导致法律教育是“取法其上,得乎其中”。社会的期待与现实的法律人之间总有相当的距离。这就需要在法律教育者当中,不仅要有面向市场“低头看路”的人,还要有不时“仰望星空”的人,这才不至于在纷繁的现实中迷失前进的方向。这一结论,可能也适用于中国。
(作者兰荣杰系美国天普大学法学院的在读博士研究生)
Sunday, November 15, 2009
Lost? Lust? Love? Life? Law?
Sunday, October 4, 2009
Addiction
Saturday, September 5, 2009
Endurance
Thursday, August 27, 2009
Life equation
Saturday, August 22, 2009
suffocating...too sudden
Monday, August 10, 2009
Love, a word far more meaningful than the 4 alphabets per se
Give and you too shall receive. Love is a magic you can create. Love the person unconditionally and you too shall receive love unconditionally. Focus on the wonderful qualities of that person and you shall see how easy it is to love. Look at the immeasurable relationship between a mother and child –one which nurtures, protects and guides. Love exists – unconditionally and in pure form.
In different context, love can take on so many languages and so many different meanings. Would you love your neighbour as much as you love your partner? Or perhaps God? Would love then be separated into many parts for different occasions such as platonic, familial or religious love? The answer may differ with the changing of relationships and is easily lost within the depths and complexities of its meaning. And yet the common denominator is the experience and feelings of love in differing strengths.
Can we then surmise that by quantifying our willingness to love to so many different levels, we have lost the true meaning of love and are so willing to sell ourselves short on what we can truly experience? Material items are of no answer and yet we seek solace within them as an indication of how much we are loved. There are many people who take to such showering of gifts, whether it be expensive gifts or experiences, as token of love but therein lies the fault. Love has been reduced to a token sum – one which is replaceable, exchangeable and refundable. How does that nurture the bonds that link us together?
Perhaps there is truth to be discovered in such a time of global economic hardship. Whilst we read so many articles on how much some marriages and relationships are strained, do we actually examine the root cause of the problem. Avoiding such generalisation, would it be fair to say that these bonds were built on false hopes and meaningless tokens? It may be a blessing in disguise that it takes a massive global event to show many of us that the foundations of our love run skin deep.
Love has survived since the beginning of humanity. It has survived through everything – wars, plagues as such and it has come out stronger than before. It can be found again when all is lost. Look into yourself to find the love and learn to focus on the wonderful qualities of yourself and those whom you truly love.
Be together, share your joy and sorrow, understand each other, provide space to each other and always be there for each other’s need. And surely love will blossom to strengthen your relationships with those you love
May you then have discovered your true meaning of love.
Tuesday, August 4, 2009
With ping
Saturday, August 1, 2009
Happy ^^
Friday, July 31, 2009
Dato' Tan Chin Nam
Thursday, July 30, 2009
End of the hell-like life
Thursday, July 23, 2009
Just finish all works!!! argh!!!
Wednesday, July 22, 2009
Stress
Sunday, July 19, 2009
Welcome to my life ^^
Tuesday, June 23, 2009
how's my year 2009 going to end?
2009年對射手座而言,將是爬得高、飛得遠的熱鬧年,運勢較去年更好。
勇於嚐新求變,享有新的成長與事業收成,但也需要付出相當代價。尤其工作和家庭兩面作戰、無法兼顧,更是考驗彼此的極限與智慧。第一季偏財運佳,事業審慎樂觀。下半年起運勢才會出現大幅樂觀轉向。
事業學業
今年事業多角經營,涵蓋面廣,以跨業合作、輕薄短小、策略靈活、創意行銷和掌握潮流脈動取勝,利銷售、發行。官運、考運轉強。
可惜若干合作嘗試屬短期實驗,過程、內容豐富但深度稍欠,避免目標龐雜、虎頭蛇尾和損友拖累。
財富健康
今年整體財運不錯,名列諸星前三。不過財富累積很低調,來源也多自外快、贈與、紅利、佣金、退稅、補助等非正式收入,所得略大於支出。
投資理財短線操作小賺。今年身體要多保養。提防流感、風寒傳染小病,注意家人健康。
愛情婚姻
今年情感火花和稜角一樣多。匆匆走過的美麗,來去只剩淡淡的記憶。要克制劈腿、外遇或一夜情。
戀情男女則是對幸福蠢蠢欲動,卻又拒絕交出自由、真心和自我。婚姻一度碰觸底線,尤其在溝通不足、各執立場下,更顯岌岌可危。
美麗人生:3月下旬到4月中旬、7月下旬到8月中旬、11月下旬到12月中旬
年度叮嚀:重質不重量,貴精不貴多。
開運小物
開運飾品:琉璃、土耳其石戒指(戴食指)
招財幸運色:寶藍、紫
辟邪吉祥物:鼠尾草或檀木精油香囊
愛情靈藥:情歌、情詩、或內裝粉水晶和香草的「愛情錦囊」
幸運日:星期四
幸運數:5
Saturday, June 20, 2009
I'm a Sagittarius guy ^^
乐观与忧愁:射手座人的内心不是外表看上去那么乐观的,因为喜欢看的远,容易担忧的事情也就多,在他们的字典里,即使现在好,也不一定代表未来好,有时候很多人觉得很好的一个工作或一个伴侣,他们很轻易的就会放弃掉,可能只是因为一个毫不起眼的小原因。所以,这样的外在表现,就让人们觉得他们不喜欢被某件事情或某个人束缚住,追求自由的,没有压力的感觉。
现实:常说射手座是追求梦想的人,但往往忽略了他们现实的一面,算计起来不会比处女座差哦,只是更高明更隐藏罢了。射手座人的梦想是必须建立在现实的基础上的,一般他们很少谈及自己的梦想,而是实际的去做一些向梦想靠拢的事情。如果可以借巧力完成的事情,决不会多花一点工夫。所以有时候射手座也容易给人耍小聪明的感觉。可是,不得不承认他们完成的还满不错。也许终其一生,他们都在考虑怎么巧妙的做一些事情,花最少的精力去达到最好的效果。所以,很多射手座看上去让人们会觉得很懒,但是其实他们的大脑可没有停下过思考现实的事情。
拒绝低俗:几乎所有的射手座内心都是骄傲的,其程度绝不亚于狮子座。只不过他们不会显现在脸上,外在的表现总是随和的,恰当的。可是内在有着极强的自尊心,敏感也情绪化。因为射手座人心中是骄傲的,所以他们拒绝低俗,不喜欢任何俗气的、粗鲁的事或人。如果可以,他们希望一切有关的事物,都是优雅的、高尚的,值得品味的。而真正能让他们觉得值得交朋友或谈恋爱的人是很少的,虽然表面上他们是很随和的。
多情:很多人说射手座多情,尤其是男性。其实在射手座人的心目中,对于爱情确实有理想化的倾向,和他们谈恋爱,是一件高难度的事情。他们非常讨厌俗气的人,所以你不能很物质或喜欢谈钱,但是他们又很现实,所以你不能一文不名,各方面也必须有一定的实力。物质与精神,你必须平衡的刚刚好,才让他们觉得你值得去爱。或者,你有足够的神秘感,可以让他们不知道你的缺点在哪里,而盲目的爱你。一般,当然是没有完美无缺的人的,所以,可能象金牛座这样永远会让射手感觉捉摸不透的闷闷的人,会非常吸引他们;或者象双子那样,足够机智,懂得察言观色,捕捉他们的情绪,才会让他们感觉到爱情的甜蜜。一般射手的感情模式是,第一阶段,你们还不熟悉,他(她)爱上了你,非常热情。第二阶段,你们逐渐熟悉,而他(她)开始龟毛,整天挑剔你的毛病,无论是背地里还是当面。如果你有幸通过他(她)的挑剔过程,基本挑剔出的毛病为零或者你把缺点保密的非常好;那么进入第三阶段,他们就又是忠诚和热情的爱人了。但是基本能通过第二阶段的人非常少,所以有了射手多情一说。其实射手对恋人的挑剔,是源于对爱情的挑剔,对丧失自由感的恐惧。
射手座人的人生,往往是幸运的,因为他们是聪慧的、明?的、通透的。与众不同,也许是他们终生追求的梦想,希望每一个射手人,可以找到他们的梦想!
人人都说射手座是感情的骗子,对爱情不尊重,只追求片刻的快感,是花心与冲满欲望的象征。朋友们…你们了解射手座最真实的一面吗? 射手座是大孩子,天真与善良,遇到爱情时,可能让人感觉不认真,付出的比谁都少。可是,知道吗?射手座很想爱,却也很怕爱!刚开始他们只是慢慢的付出,谨慎的爱,好怕自己会受伤。可是在一句一句的爱,一天一天的相处下,射手座把带刺的防备丢掉,开始不顾一切的去爱他们所爱的人,在别人眼中,只是射手座为了达到某种目的而作的行动。可射手座不介意,他会在自己幸福的想象中陶醉,希望对方能感受自己的爱,想对方觉得与自己一齐是幸福的。 在射手座爱上了一个人,他会把自己放到最后。有苦自己承担,可能会因为吵了一场小架而不开心,却也是最快认错,无论谁的错,他们都会包容,知道吗?射手座会因为深爱一个人而原谅他的背叛,会因为你的一句话付出很多。他们爱玩,在玩的同时,也希望把那一份好心情带给你,射手座是乐观的。
人们总觉得射手座的世界很快乐,可是呢?射手座难过时没有人知道,他不想让别人可怜自己,射手座不坚强,可是很善良。在你难过时哄你开心,让你有依靠,分手后,他会哭者去想属于你们俩幸福的回忆,也不想爱的人因为同情而勉强和他一齐。他比谁都希望自己爱的人快乐幸福,却常常忽略了自己,全身都是伤也笑着告诉你,我很好不用担心。
在所有人看到他的笑容以为他没事,却不知道失恋对射手座有多大伤害,华丽的外表下有一颗脆弱的需要别人了解和安慰的心。知道嘛?你的一点关心,心思细腻的射手座会记得你对他的好,把自己的爱毫无保留的送给你,射手座是不被了解的,可他们不会怨谁。他们会傻傻的认为,让我承担吧,别让别人也受到伤害。所以,不要让快乐的射手座痛苦,别让他们最有魅力的笑容成为掩饰痛苦的伪装,认真爱射手座。你会知道射手座的爱,是充满泪水的…
I'm a lazy bum coming back from Medan




Friday, June 5, 2009
ignorance
My dad is right. He always says doing business needs nothing more than patience. Rome was not built over one night anyway.
Longing to go for my family vacation next week. Getting tired.
Thursday, May 21, 2009
What is law? (Part 1)
What is law? A question easy to be asked yet hard to be answered. Many of my friends have asked me about that. Non-stop. Some say there is no law in Malaysia (rather exaggerating, I think), some say lawyers' future is bleak, some even say lawyers are crooks, including my best friend (influenced by dramas and movies in Hong Kong and Hollywood, which mostly demonstrate the cunning side of a lawyer). Some other objective people ask what is the law in Malaysia, and some wiser men ask What Is Law (I regard them wise because even the wisest man on the Earth can't answer it accurately, so it's quite a high-standard question). An average law student or lawyer may spring up instantaneously from the chair and proudly showcase their so-called true colour as a law student or lawyer, by aggressively arguing their special status, privilege, and bla bla bla holy thingie, simply to show their 'trained' sharp tongue. But that is not what people are concerned with. The more they argue that way, the more people are losing trust in lawyers, judges, and even justice system as a whole.
Obviously, the 1st three comments are largely attributed to the negative image of the state of law in the eyes of many Malaysians. We can't blame them, because justice is not just the system to govern people's life, but a system which people depend on to take care of their rights, to take things that they deserve, and most importantly to uphold what a reasonable man believes to be right, whereby Court plays the role as the ruler to measure the standard of the rightfulness of a matter or a man's conduct. Law always co-exists with the trust people impose upon it. Law is born when people compromise on their absolute freedom in life to serve the larger interest of an orderly arranged society governed by law and order. In other words, it is the people who trust the need of Law in life that gives it the mandate to govern them. It is the people who choose to be governed by law that renders Law holy and formidable. BUT law or rather justice in Malaysia seems not working that way anymore. 5 young Legal Aid lawyers could be arrested when they were performing their duty of meeting clients in police station, on the ground that there was an illegal assembly. What the hell is going on in Malaysia?? How can people harbour the little hope of being protected by Law?
However, no worry, friends. You know law resembles what?? Penis. Yup, there is nothing wrong with your eyes. You did not read it mistakenly. Law is just like a penis, the weapon which most men are proud of. Penis is so formidable when its owner is still on his peak, in terms of energy, age and biological youthfulness. It can stand so strongly in front of a young lady, just like how firmly Law stands in the way of the Evil of humans in society. But what if its owner grows older and logically it can't 'stand' on its own anymore?? Naturally enough, men think of viagra at this moment. Appropriate dose saves guy's dick, but overdosage may destroy it and even its withering owner as well. But still, as I said, reasonable dosage of viagra saves old guy's weapon. The same way goes to Law. It won't be bent forever. As long as people dare and have the political will to revive Law, it can still stand straight like a revived penis. There can be many types of viagra to revive Law. Law students, study your law properly. Lawyers, practise law with conscience. Judges, please answer the common question properly before you are appointed---What is law??? When Malaysian judges deep in their souls, know for what the law serves, there is a higher chance that they can become good judges, and thus revive the withering Law.
............to be continued
Wednesday, May 13, 2009
Shameful Judiciary
Tuesday, May 12, 2009
Well done, high court!!! Congrats, Nizar =)
Friday, May 8, 2009
Perak....sigh....
Sunday, May 3, 2009
A story for you and me..let's treasure our time...
A young man learns what's most important in life from the guy next door.
It had been some time since Jack had seen the old man. College, girls, career, and life itself got in the way. In fact, Jack moved clear across the country in pursuit of his dreams. There, in the rush of his busy life, Jack had little time to think about the past and often no time to spend with his wife and son. He was working on his future, and nothing could stop him. Over the phone, his mother told him, ''Mr. Belser died last night. The funeral is Wednesday.'' Memories flashed through his mind like an old newsreel as he sat quietly remembering his childhood days. ''Jack, did you hear me?''
''Oh, sorry, Mom. Yes, I heard you. It's been so long since I thought of him. I'm sorry, but I honestly thought he died years ago,'' Jack said. ''Well, he didn't forget you. Every time I saw him he'd ask how you were doing. He'd reminisce about the many days you spent over 'his side of the fence' as he put it,'' Mom told him. ''I loved that old house he lived in,'' Jack said.
''You know, Jack, after your father died, Mr. Belser stepped in to make sure you had a man's influence in your life,'' she said. ''He's the one who taught me carpentry,'' he said. ''I wouldn't be in this business if it weren't for him. He spent a lot of time teaching me things he thought were important. Mom, I'll be there for the funeral,'' Jack said.
As busy as he was, he kept his word. Jack caught the next flight to his hometown. Mr. Belser's funeral was small and uneventful. He had no children of his own, and most of his relatives had passed away.
The night before he had to return home, Jack and his Mom stopped by to see the old house next door one more time. Standing in the doorway, Jack paused for a moment. It was like crossing over into another dimension, a leap through space and time. The house was exactly as he remembered. Every step held memories. Every picture, every piece of furniture.... Jack stopped suddenly.
''What's wrong, Jack?'' his Mom asked.
''The box is gone,'' he said.
''What box?'' Mom asked.
''There was a small gold box that he kept locked on top of his desk. I must have asked him a thousand times what was inside. All he'd ever tell me was 'the thing I value most','' Jack said.
It was gone. Everything about the house was exactly how Jack remembered it, except for the box. He figured someone from the Belser family had taken it.
''Now I'll never know what was so valuable to him,'' Jack said. ''I better get some sleep. I have an early flight home, Mom.''
It had been about two weeks since Mr. Belser died. Returning home from work one day Jack discovered a note in his mailbox. 'Signature required on a package. No one at home. Please stop by the main post office within the next three days,' the note read.
Early the next day Jack retrieved the package. The small box was old and looked like it had been mailed a hundred years ago. The handwriting was difficult to read, but the return address caught his attention. 'Mr. Harold Belser' it read. Jack took the box out to his car and ripped open the package. There inside was the gold box and an envelope.
Jack's hands shook as he read the note inside. 'Upon my death, please forward this box and its contents to Jack Bennett. It's the thing I valued most in my life.' A small key was taped to the letter. His heart racing, as tears filling his eyes, Jack carefully unlocked the box. There inside he found a beautiful gold pocket watch.
Running his fingers slowly over the finely etched casing, he unlatched the cover.
Inside he found these words engraved:
''Jack, Thanks for your time! - Harold Belser.''
''The thing he valued most was...my time!''
Jack held the watch for a few minutes, then called his office and cleared his appointments for the next two days.
''Why?'' Janet, his assistant asked.
''I need some time to spend with my son,'' he said.
''Oh, by the way, Janet, thanks for your time!''
Saturday, May 2, 2009
Friends, end of 1st year, coming venture N my HeArt
Sunday, April 19, 2009
Life
Essay: Managing my finance the Islamic way
Managing My Finance the Islamic Way
Managing my finance the conventional way has been my main, or perhaps the only method to handle my money. But as I grow up and start to be concerned about the global economy, I have found out that Islamic finance is likely to be my main financing tool in upcoming future. Before I voice out my future financial planning in Islamic way, let’s look at the big picture of the present financial world first. With that, we may be able to get a glimpse on how and why Islamic finance may reign supreme in future.
The most powerful destabilising factor of all in modern markets is the activity of money creation by the banking system. By creating money out of nothing and lending it into circulation, central banks and commercial banks have together caused a succession of speculative bubbles that can be traced back more than three hundred years in the western world. When newly created money is spent on assets such as property and shares, their prices naturally tend to rise. Conversely, when banks reduce the rate of money creation, buyers disappear from markets and prices begin to fall. The ability to create money is therefore a hugely powerful political and economic tool, and one that is almost always abused in due course.[1] Most of these disordered and unstable economic scenarios occur due to the fragile and unsustainable model of conventional interest-based banking system.
Interest-based banking system is in fact the born child of capitalism. The capitalist system has allowed a free hand to the capitalist countries and within them the firms and individuals to maximize their profits with minimal consideration of the human aspects, norms and ethics. Capitalism does not monopolize all resources directly but through several diversified media with different levels and distribution controls, like a master-slave set up. Due to strong political and institutional support at international level, effectively giving veto to big powers over the activities of the IMF and the World Bank, capitalism has taken a longer time cycle, but as all limits have been crossed, it could at any time lead to collapse, inflicting heavy loss on the global economy. Current financial crisis has been one of the big signs regarding that.
The way the interest-based banking system operates has led to great financial instability. This interest-based banking system which creates conventional debt is a major hurdle in achieving distributive justice. It is creating unrepayable debt, which in return making a class of people richer and leaving others poorer and oppressed. Excessive debt and its servicing are the striking features of the interest-based mechanism: yesterday’s debt can be repaid by taking out more debt today. It is stifling, and even crippling the efforts made by the World Bank, IMF and other donors to reduce poverty in poor countries. It also distorts the payment systems, on account of which just and fair incomes are given the least consideration. No one cares who is going to pay the debt: which future generations and from where? This kind of behaviour to avoid current debt is not acceptable under any divine religion.
Due to this conventional banking system, many countries around the world including both underdeveloped and developed countries have encountered excessive debt accumulation. Even United States of America is incapable of escaping from this problem. On account of the continued and repeated current account deficits of the United States, it has been transformed from a significant international investor in the 1970s to the world’s largest debtor country. As of today, only US nationals are apparently immune from the devastation of debt and that is by dint of the US dollar being the major reserve currency, despite the fact that it has become a zero-saving nation with unparalleled individual, institutional and national debt. Presently, American national debt has passed $9 trillion so far. It would be an unimaginable out-of-control scene if any of the US major creditors like Japan or China decide to call in their debts.
And hereby Islamic finance has come into the picture as an alternative for financing or banking purpose since approximately thirty years ago. The main difference between an Islamic or interest-free banking system and the conventional interest-based banking system is that, under the latter, the interest rate is either fixed in advance or is a simple linear function of some other benchmark rate, whereas, in the former, the profits and losses on a physical investment are shared between the creditor and the borrower according to a formula that reflects their respective levels of participation. Hence, in contrast to the interest-based system which puts the emphasis on receiving the interest payments, the Islamic bank has to focus on the return on the physical investment, because its own profitability is directly linked to the real rate of return. From Islamic perspective, the institution of interest, on the basis of which governments and the public and private sector corporations borrow funds, actually creates parasites in society and thereby the gap between the rich and the poor keeps on widening.
According to the late Yusuf Ali who is the eminent translator of the Holy Quran into English, “whereas legitimate trade or industry increases the prosperity and stability of men and nations, dependence over usury would merely encourage a race of idlers, cruel bloodsuckers and worthless fellows who do not know their own good and therefore are akin to madmen.”[2] It is a ground reality that the interest-based system, irrespective of the rate, is creating ‘idlers’ and ‘cruel bloodsuckers’. In Islamic worldview, justice is the raison d’etre of any economic system that is to be sustainable in the long run, and the major element creating injustice currently is “interest”. Replacing this with risk-related capital and investment mechanism could help solve many socio-economic ills.
The state of affairs in today global economy and glaring inequalities both at inter and intra national levels necessitate the evolution of a system that could lead to a balanced, sustainable and equitable economic order in the world at large. Islamic banking system seems to be an appropriate solution to it though there are still many aspects desired to be improved.
Now let’s proceed to understand the nature of Islamic finance and see how it works generally. An Islamic banking and financial system exists to provide a variety of religiously acceptable financial services to the Muslim communities. Perhaps the religious dimension should be presented as a further explicit goal, in the sense that the opportunity to conduct religiously legitimate financial operations has a value far beyond that of the mode of the financial operation itself. The ultimate goal of this interest-free system is to achieve economic well-being with full employment and a high rate of economic growth, socioeconomic justice and an equitable distribution of wealth, stability in the value of money, and the mobilization of savings for economic development in such a way that a just return is ensured to all parties involved. Then a question is usually posed by laymen including me whose understanding on banking operation has been deeply influenced by conventional banks: if the paying and receiving of interest is prohibited, how do Islamic banks work?
Here profit-and-loss sharing comes in as a method of resource allocation in Islamic banking. Although a large number of different contracts feature in Islamic financing, certain types of transaction which apply the profit-and-loss sharing principle are central, such as trustee finance (mudaraba), equity participation (musharaka) and ‘mark-up’ methods like murabaha, ijara, salam, bai bi-thamin ajil and istisnaa, along with the newly developed sukuk. Besides the injunction against riba (interest), there is also prohibition in Islam of maysir (gambling, speculation) and gharar (unreasonable uncertainty), the need to ensure that investment be undertaken on the basis of halal (permitted) activities, and the requirement to benefit society through the collection of zakat (almsgiving) overseen by a special religious supervisory board.
To make the elaboration of my Islamic financial planning easier and smoother, firstly I have to note that all the financial contracts which I mention later are applicable in this country for being in compliance with the principles of Islamic finance, and the word ‘bank’ would be impliedly understood as Islamic bank in particular. Let’s start from the basic. I would open a Saadiq savings account first at Standard Chartered Bank. It is a very innovative financial product, as it combines two accounts in one: Savings Account-i and Current Account-i. Conceptually, Saadiq Account-i is based on a combination of Islamic concept of al-Wadiah Yad Dhamanah (Safe Custody) and Mudharabah (Profit Sharing). Its special two-way sweep feature automatically transfers funds between our Savings Account-i and Current Account-i, making sure that there are sufficient funds in either account. Briefly, Savings Account-i is based on the Mudharabah principle of profit-sharing that pays dividends while Current Account-i is based on the Al-Wadiah Yad Dhamanah that allows the bank to grant us a discretionary hibah or gift. I also will enjoy up to General Investment Account-i dividend rates on my savings, and cheque-issuing facilities.[3] With this type of flexible savings account in hand, I can let qualified professionals in Islamic finance to manage my money with a hope to expand its value through the principle of Mudharabah, while having no worry to jump into the investment area which knowledge I am not so well-equipped with.
If I have gained sufficient capital, I may consider opening a General Investment Account-i. General Investment Account-i is an investment account based on the Islamic contract of Mudharabah that works on a profit sharing basis. Mudharabah refers to a contract between us and the bank for the investment of our funds where the profit is divided according to a mutually agreed profit sharing ratio. Based on Mudharabah, the bank will invest our money in profitable ventures that are in line with Syariah principles. Whatever profit that is earned will be shared with us, and the best part is, we will always earn the bigger share of the profits with the bank. Furthermore, there is a range of flexible tenure of investment for us to choose, covering from 1 month to 12 months, whichever suit our needs.[4] Hence I do not have to fear that my money may be stuck in an annoyingly longer-term investment, because most of the investment products available in conventional banks require us to devote our money in a period of at least 3 years generally. It suits me better in that sense.
Coming this far, the principle of Mudharabah has been mentioned for quite a few times and a clearer explanation should be provided on that. In both types of the financial tools above, we the investors (rabb al-mal) will deposit an amount of money with the bank, which acts as the entrepreneur (mudarib). This investment is utilized as business capital by the bank. In this contract investors have no authority to interfere in the management of their investment. On the other hand, the bank will have the right to manage their investments as it thinks fit by placing it into businesses that are permissible in Islam, and which it thinks are profitable. Depending on the tenure of our investment, we will be offered a profit sharing ratio which will form the basis of the agreement made between us and the bank. On the date that our investments mature, the bank will distribute our share of accumulated profit into our investment account.
However, the contract of Mudharabah can be interpreted in another way if we intend to apply for Mudharabah financing to pump in capital to our business. As in this type of financing, Mudharabah financing is a form of partnership where the bank will provide the capital and the customer will provide the expertise. Both will agree on a profit sharing ratio. The customer will be solely responsible for running the business, project or contract without interference from the bank. All forms of capital loss, if any, will be borne by the bank and all forms of labour loss, if any, will be borne by the customer. In this context, the bank becomes the rabb al-mal while the customer becomes the mudarib. I plan to utilize this Islamic principle to raise capital to set up a business or even to expand my business in future, particularly if my business exists in the form of Small and Medium Enterprise (SME).
There is another very lucrative option available for entrepreneurs to gain both capital and expertise from the bank at the same time. I will choose Musyarakah financing as my financing tool if I intend to be involved in the financial service sector in future, in order to obtain the bank’s assistance in my operation of business. Musyarakah financing is often perceived to be the preferred Islamic mode of financing, because it adheres most closely to the principle of profit and loss sharing. In a Musyarakah financing arrangement, the bank and the customer will both contribute their capital as well as expertise in a project. Profit and loss will be shared normally based on the capital contribution. In addition, it gives greater flexibility in the allocation of profit, as all partners have the right but not the obligation to participate in the management of the project, which explains why the profit sharing ratio is mutually agreed upon and may be different from the investment in the total capital.
In Islamic finance, there is an ideal way of financing to purchase goods or assets, which is Murabaha financing. In a Murabaha contract, the bank agrees to buy an asset or goods from a third party, and then resells the goods to its client with a mark-up. The client purchases the goods against either immediate or deferred payment. Some observers see this mode of Islamic finance to be very close to a conventional interest-based lending operation. However, a major difference between Murabaha and interest-based lending is that the mark-up in Murabaha is for the services the bank provides (for example, seeking and purchasing the required goods at the best price) and the mark-up is not stipulated in terms of a time period. Thus, if the client fails to make a deferred payment on time, the mark-up does not increase from the agreed price owing to delay. Also the bank owns the goods between the two sales, which means that it carries the associated risks. For me, it is definitely a good choice to purchase goods or assets, especially for young entrepreneurs as they may occasionally face financial stringency that may cause their delay in payment to banks.
Besides, the Biz Current Account-i provided by the Standard Chartered Bank is a Islamic financial tool created to enhance the value of money in one’s company account, along with its flexibility for business purpose. Unlike conventional current accounts which are not allowed to offer any types of returns, SME's Biz Current Account-i offers a unique advantage - a Syariah-compliant way of banking in which the bank is allowed to pay a discretionary 'hibah' or gift (which is the return). It is based on the Islamic law of guaranteed safe-keeping or 'Al Wadiah Yad Dhamanah', whereby the bank acts as the custodian of our funds and guarantees its safekeeping. This arrangement will allow the Bank to place our money in prudent Syariah-compliant investments that are approved by Bank Negara. The returns gained from the investment will then be used to pay us a discretionary 'hibah' or gift.[5] Its main advantage is to give potentially significant returns on our cash where our normal current account doesn't. This type of company account would certainly give me an edge over others in terms of maximizing financial returns.
When I reach the life stage necessary for me to purchase a dream home for my family, I would probably choose Standard Chartered Bank’s JustHome-i package. JustHome-i is designed to remove the concerns of unexpected increases in the Base Lending Rate (BLR).[6] With this home financing, I can enjoy the peace of mind knowing that the fixed ceiling rate ensures my commitments being easily met, because I will be protected from potential rising financial cost in home financing. Again, this Islamic financing facility is based on Syariah principles. Basically, it is founded on the buy-and-sell concept which includes a profit margin agreed by both parties. It would be notable, though rather redundant to emphasize that this is an interest-free home financing. Subprime mortgage crisis would not have occurred if this sort of interest-free financing is implemented widely.
At the end of the day, I may follow Warren Buffett’s footstep to set up an investment company if rare chances as such do come by in my life. And I would probably make it an Islamic venture capital company, which is still a form of investment entity unfamiliar to public at this juncture. A relationship between a venture capital company and its investors can be mainly that of Mudharabah or Musyarakah or wakalah bij-ujrah (agency contract with fee) or combination of these three contracts. The relationship is determined by conditions and regulations stipulated between the company and investors and the nature of the venture capital company itself. In the case of the relationship between a venture capital company and its investee, the main Islamic contract between them is Musyarakah (al-‘inan), involving the partnership in capital (al-amwal), labour or skill (al-abdan/al-a’mal) and credit-worthiness (al-wujuh). It is due to the active participation and contribution of the venture capital company in the business venture in addition to the investee’s capital outlay. This type of investment activity usually helps creating value chain in national economy at large. Hereby I would like to note that this idea is still a conceptual plan at this stage. It is an idealistic yet practical approach to operate an investment company based on profit-and-loss sharing.
Before I end my essay, I would like to justify my potential Islamic financial management based on its healthy contribution to global banking system as a whole. Islamic finance requires that all financial transactions and the instruments must be represented by genuine assets and business transactions as per their respective rules and norms relating to fair play, transparency and justice. In short, there must be some foolproof criteria for the creation of money. Real-asset based financing and the Islamic principle that the time factor in business transactions has value only through the pricing of goods and their usufructs, provide the best such criteria. This could provide a paradigm shift for financial services by seeking a moral compass for the system based on market forces by linking them with the real economy. And this is exactly the most desirable big picture to be achieved.
[1] Haitham al-Haddad and Tarek el-Diwany, “Boom, Bust, Crunch: Is There An Islamic Solution?” , 29/10/2008, London, Islamic-Finance.com, 15 February 2009
[2] Translation of verse 2:275








