The current legal system in Afghanistan provides for commercial and financial dealings through the Civil Code (Qanuni Madani) and covers several Islamic financial transactions, such as the contract of sale which can be found under articles 1035 to 1123 of the Civil Code1 and the contract of Future Commodity Sale (salam) which is under articles 1124 to 1132 of the Civil Code1. In Afghanistan, while the Islamic finance sector is still in its nascent stage, there is still a growing demand for it. Its potential, therefore, remains untapped. One such Islamic finance instrument that is underutilized is Sukuk (an Arabic term, which denotes a financial instrument similar to the issuance of a bond). While the central bank of Afghanistan has taken the initiative to develop and standardize the Islamic banking sector by issuing guidelines on various Islamic finance contracts that are meant to regulate the activities of Islamic banks, it has yet to issue Sukuk regulations. The main purpose of this paper is to examine the current law on Domestic and Foreign Private Investment in Afghanistan (2005) and to consider the issuance and regulation of Sukuk as part of such investments. It also briefly assesses the Malaysian legislation on Islamic Capital and Sukuk to serve as a guide for Sukuk legislation in Afghanistan. This paper proposes the introduction of new Sukuk provisions and the amendments of existing articles within the current investment law to cover different aspects of Sukuk issuance, structures, and investment. This research is the latest effort in developing the Sukuk industry in Afghanistan through Sukuk legislation and serves as a guide for initiating efforts for incorporating provisions related to Sukuk issuance into the current law. The methodology used is purely doctrinal and will make use of examining the law and regulations that are relevant to Sukuk.
{"title":"Incorporating Sukuk Provisions into the Law on Domestic and Foreign Private Investment in Afghanistan","authors":"Zabihullah Saleem","doi":"10.31841/kjssh.2023.57","DOIUrl":"https://doi.org/10.31841/kjssh.2023.57","url":null,"abstract":"The current legal system in Afghanistan provides for commercial and financial dealings through the Civil Code (Qanuni Madani) and covers several Islamic financial transactions, such as the contract of sale which can be found under articles 1035 to 1123 of the Civil Code1 and the contract of Future Commodity Sale (salam) which is under articles 1124 to 1132 of the Civil Code1. In Afghanistan, while the Islamic finance sector is still in its nascent stage, there is still a growing demand for it. Its potential, therefore, remains untapped. One such Islamic finance instrument that is underutilized is Sukuk (an Arabic term, which denotes a financial instrument similar to the issuance of a bond). While the central bank of Afghanistan has taken the initiative to develop and standardize the Islamic banking sector by issuing guidelines on various Islamic finance contracts that are meant to regulate the activities of Islamic banks, it has yet to issue Sukuk regulations. The main purpose of this paper is to examine the current law on Domestic and Foreign Private Investment in Afghanistan (2005) and to consider the issuance and regulation of Sukuk as part of such investments. It also briefly assesses the Malaysian legislation on Islamic Capital and Sukuk to serve as a guide for Sukuk legislation in Afghanistan. This paper proposes the introduction of new Sukuk provisions and the amendments of existing articles within the current investment law to cover different aspects of Sukuk issuance, structures, and investment. This research is the latest effort in developing the Sukuk industry in Afghanistan through Sukuk legislation and serves as a guide for initiating efforts for incorporating provisions related to Sukuk issuance into the current law. The methodology used is purely doctrinal and will make use of examining the law and regulations that are relevant to Sukuk.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123065267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ethnicization of politics is extremely prevalent in Afghanistan. It turned out to be an essential component of the Bonn Agreement of 2001, which aimed to put an end to the civil wars and to outbalance ethnic applications to overcome the prolonged conflict. This research explores the role of the factors that added to the ethnocentricity promotion in Afghan society post-2001. It demonstrates how the political display of ethnicity in Afghan politics and ethnocentricity promotion have manipulated the political structure of Afghanistan. This research study is qualitative in nature, and the analysis is based on secondary sources. The study outlines the spread of ethnicity in Afghanistan on two grounds, including internal as well as external factors. The reasons include tribalism, mismatched leadership and corruption; control of material and spiritual resources; marginalization of some ethnic groups; and strategic goals and interests of regional stakeholders that exacerbate the spread of ethnocentricity in Afghanistan. The study recommends a strong central government to keep the ethnic card players in check, and in the meantime, the government should provide equal opportunities to all ethnic groups and eradicate discrimination from the governmental structure. The government needs to allocate national annual budgets properly, which can address grievances from regions and rural areas, and take steps to ensure the inclusion of all ethnic groups.
{"title":"Factors Promoting Ethnocentricity in the Afghan Society Post-2001: An Exploratory Analysis","authors":"Wahadatullah Wardak","doi":"10.31841/kjssh.2022.50","DOIUrl":"https://doi.org/10.31841/kjssh.2022.50","url":null,"abstract":"Ethnicization of politics is extremely prevalent in Afghanistan. It turned out to be an essential component of the Bonn Agreement of 2001, which aimed to put an end to the civil wars and to outbalance ethnic applications to overcome the prolonged conflict. This research explores the role of the factors that added to the ethnocentricity promotion in Afghan society post-2001. It demonstrates how the political display of ethnicity in Afghan politics and ethnocentricity promotion have manipulated the political structure of Afghanistan. This research study is qualitative in nature, and the analysis is based on secondary sources. The study outlines the spread of ethnicity in Afghanistan on two grounds, including internal as well as external factors. The reasons include tribalism, mismatched leadership and corruption; control of material and spiritual resources; marginalization of some ethnic groups; and strategic goals and interests of regional stakeholders that exacerbate the spread of ethnocentricity in Afghanistan. The study recommends a strong central government to keep the ethnic card players in check, and in the meantime, the government should provide equal opportunities to all ethnic groups and eradicate discrimination from the governmental structure. The government needs to allocate national annual budgets properly, which can address grievances from regions and rural areas, and take steps to ensure the inclusion of all ethnic groups.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128375883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The re-emergence of the Taliban to power in Afghanistan is a major setback for India's ambitions in the region. The paper elucidates the implications of the resurgence of the Taliban triumph in Afghanistan on India. The long-standing bilateral relations between India and Afghanistan are analyzed. The present threats emanating from Afghanistan, namely the possibility of security issues brewing up in Kashmir, the humanitarian crisis, and the large exodus of refugees, are examined. Lastly, the paper provides insights into India’s role in establishing peace in Afghanistan by shifting from its previous approach and focusing more on regional diplomacy.
{"title":"The Afghan Debacle and the Taliban Triumph: What India Expects","authors":"R. Ram, S. Humayun","doi":"10.31841/kjssh.2022.46","DOIUrl":"https://doi.org/10.31841/kjssh.2022.46","url":null,"abstract":"The re-emergence of the Taliban to power in Afghanistan is a major setback for India's ambitions in the region. The paper elucidates the implications of the resurgence of the Taliban triumph in Afghanistan on India. The long-standing bilateral relations between India and Afghanistan are analyzed. The present threats emanating from Afghanistan, namely the possibility of security issues brewing up in Kashmir, the humanitarian crisis, and the large exodus of refugees, are examined. Lastly, the paper provides insights into India’s role in establishing peace in Afghanistan by shifting from its previous approach and focusing more on regional diplomacy.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124814099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The objective of this study is to determine the link, precedence, and interplay between contemporary politics and the laws of war. A particular focus is attached to the political pressure exerted by great powers as well. This study has adopted a qualitative approach and has concluded, in light of scholarly literature, case studies, and media reports, the grim reality that all such bodies are influenced in one way or the other by international politics—largely succumbing to the pressure exerted by great powers—but structural and budgetary restraints also contribute to the malfunctioning of some of them. Another factor undermining the effectiveness of these mechanisms is the ambiguity of some provisions of international law, as well as their absurdity and silence, which are cleverly manipulated by some states in their maneuvers to secure their political interests. The paper re-examines how politics plays a role in molding the Law of War to suit the needs and interests of great powers.
{"title":"The Interplay Between Politics and International Law of War Post-1945: An Analysis","authors":"Ahmad Khalid Hatam","doi":"10.31841/kjssh.2022.49","DOIUrl":"https://doi.org/10.31841/kjssh.2022.49","url":null,"abstract":"The objective of this study is to determine the link, precedence, and interplay between contemporary politics and the laws of war. A particular focus is attached to the political pressure exerted by great powers as well. This study has adopted a qualitative approach and has concluded, in light of scholarly literature, case studies, and media reports, the grim reality that all such bodies are influenced in one way or the other by international politics—largely succumbing to the pressure exerted by great powers—but structural and budgetary restraints also contribute to the malfunctioning of some of them. Another factor undermining the effectiveness of these mechanisms is the ambiguity of some provisions of international law, as well as their absurdity and silence, which are cleverly manipulated by some states in their maneuvers to secure their political interests. The paper re-examines how politics plays a role in molding the Law of War to suit the needs and interests of great powers.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129042120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Afghanistan has one of the lowest education levels and where 49.6 percent of the population lives under the poverty line. Moreover, poverty in Afghanistan is concentrated in rural areas and four out of five poor people live in poverty. The East, Northeast, and West-Central regions—where almost half of the inhabitants are poor—have the lowest per capita consumption and highest likelihood of poverty. In cognizance of the vitality of Sustainable Development Goals (SDGs) and education is promulgated as the primary weapon against poverty prevalence. Hence it is crucial to seek out the effect of different levels of education on poverty in Afghanistan. This study evaluates the effect of different levels of education, experience, and gender of the employed individuals (employers, self-employed, wage earners, and unpaid family workers) as the determinants of poverty. The data is collected from the Living Conditions Survey for 2008 and 2019. A logistic regression model is estimated based on data, with the probability of an individual being poor as the dependent variable and a set of educational levels, experience, and gender as explanatory variables. Further, the study identifies deficiencies related to basic education in poverty reduction and comes up with some policy conclusions that can be taken into account in the planning of effective basic education for poverty reduction.
{"title":"Impact of Education on Poverty Alleviation in Afghanistan: An Empirical Evaluation","authors":"Nassir Ul Haq Wani, J. Dhami, Neeru Sidana","doi":"10.31841/kjssh.2022.47","DOIUrl":"https://doi.org/10.31841/kjssh.2022.47","url":null,"abstract":"Afghanistan has one of the lowest education levels and where 49.6 percent of the population lives under the poverty line. Moreover, poverty in Afghanistan is concentrated in rural areas and four out of five poor people live in poverty. The East, Northeast, and West-Central regions—where almost half of the inhabitants are poor—have the lowest per capita consumption and highest likelihood of poverty. In cognizance of the vitality of Sustainable Development Goals (SDGs) and education is promulgated as the primary weapon against poverty prevalence. Hence it is crucial to seek out the effect of different levels of education on poverty in Afghanistan. This study evaluates the effect of different levels of education, experience, and gender of the employed individuals (employers, self-employed, wage earners, and unpaid family workers) as the determinants of poverty. The data is collected from the Living Conditions Survey for 2008 and 2019. A logistic regression model is estimated based on data, with the probability of an individual being poor as the dependent variable and a set of educational levels, experience, and gender as explanatory variables. Further, the study identifies deficiencies related to basic education in poverty reduction and comes up with some policy conclusions that can be taken into account in the planning of effective basic education for poverty reduction.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121385888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Traditional roles for women have always defined them as housewives. However, this role is changing in many societies, and societies have accepted the change and are treating both genders equally. This is based on Agenda 2030, Sustainable Development Goals (SDGs), and the World Congress on Women. The focus of this paper is on women’s economic empowerment using a case study analysis and how women’s living standards have been uplifted. The paper uses the principle of "leave no one behind" and the theory of feminism in poverty to explain the case studies. These case studies have been analyzed through desktop review. The findings indicate that if women were educated, then they would be financially secure and relieved from poverty. Gender inequality would then be reduced, and women would be economically empowered. Communities and individuals need to move out of their cultural cocoons and accept the reality that women need to be respected and economically empowered in society for their wellbeing. For this to happen, education for girls and women is a must, as are equal pay, promotions, and advocacy and policies on equality for women.
{"title":"Women s Economic Empowerment: From Deprivation to Sustenance","authors":"P. Shah","doi":"10.31841/kjssh.2022.48","DOIUrl":"https://doi.org/10.31841/kjssh.2022.48","url":null,"abstract":"Traditional roles for women have always defined them as housewives. However, this role is changing in many societies, and societies have accepted the change and are treating both genders equally. This is based on Agenda 2030, Sustainable Development Goals (SDGs), and the World Congress on Women. The focus of this paper is on women’s economic empowerment using a case study analysis and how women’s living standards have been uplifted. The paper uses the principle of \"leave no one behind\" and the theory of feminism in poverty to explain the case studies. These case studies have been analyzed through desktop review. The findings indicate that if women were educated, then they would be financially secure and relieved from poverty. Gender inequality would then be reduced, and women would be economically empowered. Communities and individuals need to move out of their cultural cocoons and accept the reality that women need to be respected and economically empowered in society for their wellbeing. For this to happen, education for girls and women is a must, as are equal pay, promotions, and advocacy and policies on equality for women.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127356629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"FinTech led Tax Justice: Redistribution Using Zakat for the Socio-Economic Improvement of Women","authors":"L. Latif","doi":"10.31841/kjssh.2022.44","DOIUrl":"https://doi.org/10.31841/kjssh.2022.44","url":null,"abstract":"","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125400544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Trade Conflict Nexus in SAARC Region: A Gravity Model Approach","authors":"Nassir Ul Haq Wani","doi":"10.31841/kjssh.2022.45","DOIUrl":"https://doi.org/10.31841/kjssh.2022.45","url":null,"abstract":"","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117175887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Why the Dragon and the Elephant are More Interested in Dancing Over South Asian Countries","authors":"Islam Md. Ziaul, Wang Shuwei","doi":"10.31841/kjssh.2022.43","DOIUrl":"https://doi.org/10.31841/kjssh.2022.43","url":null,"abstract":"","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123967647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Delving into the health of the education system and unfolding the graduate labour market conditions, this study aims to address the limited empirical analysis of Kabul higher education students' approaches to career planning and perceptions of Afghanistan's labour market. This study has carried out an extensive theoretical and empirical analysis to help enhance the understanding of the impact imposed that can significantly impact students' sense of career planning and the labour market in the bigger picture. The study revealed evidence from a survey among university undergraduate, graduate, and postgraduate students, a total of two hundred students across various disciplines. The findings show that imposed educational streams negatively impact both students' career planning and the labour market. The study also demonstrates that students who reported positive perceptions of the labour market were the ones who had better control over their careers. There was also evidence that students who experienced less influence on their career choice positively perceived employability and the labour market. In contrast, students who reported negative perceptions of the labour market were seen to have the involvement of other factors while choosing their career field and could not plan their career correctly, resulting in their negative perception of the labour market. The study raises significant implications for higher education policy makers in identifying ways of improving students' transition to higher education and the realisation of the system's set to assist students in better planning their careers to better cope with today's challenging labour market. It is critical for a better understanding of the ramifications of current graduate employment trends. Achieving self-defined job success is crucial not only for individual well-being but also for institutions whose performance is increasingly assessed by their graduates' employment outcomes. The research offers unique insight into students' opinions of the current labor market and how that relates to their career planning strategies. It also underlines the importance of substantial higher education-led reforms that can lead to a more profitable labor market. This study's findings have important implications for appropriate career development practise and guidance in today's higher education settings.
{"title":"Linkage Between Imposed Career Study, Career Planning, and Employability Perceptions Among Higher Education Students: An Empirical Investigation of Afghanistan","authors":"Masooda Noora, Nassir Ul Haq Wani","doi":"10.31841/kjssh.2022.41","DOIUrl":"https://doi.org/10.31841/kjssh.2022.41","url":null,"abstract":"Delving into the health of the education system and unfolding the graduate labour market conditions, this study aims to address the limited empirical analysis of Kabul higher education students' approaches to career planning and perceptions of Afghanistan's labour market. This study has carried out an extensive theoretical and empirical analysis to help enhance the understanding of the impact imposed that can significantly impact students' sense of career planning and the labour market in the bigger picture. The study revealed evidence from a survey among university undergraduate, graduate, and postgraduate students, a total of two hundred students across various disciplines. The findings show that imposed educational streams negatively impact both students' career planning and the labour market. The study also demonstrates that students who reported positive perceptions of the labour market were the ones who had better control over their careers. There was also evidence that students who experienced less influence on their career choice positively perceived employability and the labour market. In contrast, students who reported negative perceptions of the labour market were seen to have the involvement of other factors while choosing their career field and could not plan their career correctly, resulting in their negative perception of the labour market. The study raises significant implications for higher education policy makers in identifying ways of improving students' transition to higher education and the realisation of the system's set to assist students in better planning their careers to better cope with today's challenging labour market. It is critical for a better understanding of the ramifications of current graduate employment trends. Achieving self-defined job success is crucial not only for individual well-being but also for institutions whose performance is increasingly assessed by their graduates' employment outcomes. The research offers unique insight into students' opinions of the current labor market and how that relates to their career planning strategies. It also underlines the importance of substantial higher education-led reforms that can lead to a more profitable labor market. This study's findings have important implications for appropriate career development practise and guidance in today's higher education settings.","PeriodicalId":117682,"journal":{"name":"Kardan Journal of Social Sciences and Humanities","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128796841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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