Browsing by Author "Ahmad, Albarak Hada"

Corporate Social Responsibility (CSR) is considered as one of the important concepts that the corporations need to practice, it from the conventional and Shari‘ah perspective. Thus, this research analyses the concept of CSR from both perspectives in detail. It also evaluates the implementation and application of CSR in Malaysia and Saudi Arabia with special reference to the practice of CSR by Bank Islam Malaysia Berhad (BIMB) and Al-Rajhi Bank of Saudi Arabia (Al-Rajhi) accordingly. The research is carried out with the objective to examine and compare the practice of CSR in Malaysia and Saudi Arabia especially on what has been done by BIMB and Al-Rajhi. It is also aimed to propose some recommendations for the improvement of CSR practice in Malaysia and Saudi Arabia in general and BIMB and Al-Rajhi in particular. In order to achieve such objective and aim, the research relies on the published materials such as journals, books, newspapers, government documents, periodicals and magazines, and the semi-structures interviews conducted on various relevant personals of BIMB and Al-Rajhi. From the data collected, the research finds that there are various similarities and differences on conventional and Shari‘ah concept of CSR. Not only that there are also similarities and differences on implementations and practices of CSR in Malaysia and Saudi Arabia, and by BIMB and Al-Rajhi. To improve the implementations and practices of CSR in both countries and institutions, the research has recommended that the practice of CSR should be legally binding in both countries and a proper regulatory framework of CSR be enacted.

Force majeure literally means "irresistible compulsion or coercion". Under the contract law, force majeure clauses may exempt a party or both parties of the contract from the obligation to perform the contract. The events or circumstances of force majeure generally arise from unforeseen incidents which are beyond the control of the contractual parties and such events prevent the parties from performing their obligations under the contract. The most common example of force majeure events are "act of God" (such as natural disasters, earthquakes, typhoons, big floods) and "act of man", like wars and changes oflaws. In Saudi Arabia, the law is based upon Shari` ah principles and future circumstances are perceived under Shariah as being neither predictable nor controllable; instead it is God who knows how things will turn out However, this study highlighted that Shariah recognizes the principle of pacta· sunt servanda which facilitates the usage of Force under the Islamic law. This study also highlighted that in Malaysia, force majeure clause is recognized under the contract law .and has been adopted as a standard clause in the Malaysian standard form of building contracts such as the PWD 203.A and PAM. standard form for construction contract. This study looks into the application of force majeure clause in building contracts in two countries, namely Saudi Arabia and Malaysia. This study highlights the similarities and differences between Malaysian and Saudi Arabian laws on force majeure·with special reference to its application in standard form building contracts.