Litigation as dispute resolution mechanism in Islamic finance: Malaysian experience
Litigation as the popular mode of dispute resolution in Islamic finance has proven inadequate in its application and interpretation of Shariah. Trails of Islamic finance cases have shown that civil court judges have no problems deciding on the civil law issues pertaining to Islamic finance, however, they are unsuited for adjudicating the Shariah issues. Section 55–58 of the Central Bank Act 2009 accords formal recognition to the Shariah Advisory Council (SAC) as their rulings is binding to the Islamic financial institutions and the courts. Post 2009 have seen that cases of law challenged the said sections as unconstitutional. The objective of this paper is to analyse the role of SAC either as expert ascertain or expert determination of the rulings on Islamic finance. In the course of discussion, s. 55–58 of Central Bank of Malaysia Act 2009 and Article 121(1) of the Constitution are analysed. Findings of the study showed that the role of SAC is merely expert ascertain of the rulings since they have no judicial power. Islamic financial law is divine in nature and different from the man made laws.
Judicial Review of Administrative Action
Part 1 Introductory: judicial review and administrative law. Part 2 The scope of review: introduction who may proceed - standing to sue against whom - public and private law and procedure the special position of the crown limitation of review. Part 3 The grounds of review: introduction illegality procedural fairness history, entitlement, content, exceptions, fettering, bias abuse of power. Part 4 Procedures and remedies: introduction the historical development of judicial review and procedures judicial review procedures perogotive orders injunctions declarations pecuniary remedies and judicial review discretion to provide a remedy. Part 5: European administrative law. Part 6 Case studies introduction planning taxation prison discipline immigration housing social security treaties. Appendix classification of functions.
Full-scale measurements of SO2 gas phase concentrations and slurry compositions in a wet flue gas desulphurisation spray absorber
Abstract Two measurement campaigns were carried out at ENERGI E2's Asnaes Power plant, unit 5. The unit has a capacity of 620 MW e and is equipped with a wet flue gas desulphurisation (FGD) plant employing a counter-current spray absorber with five spray levels. In the first campaign, the power plant was firing Orimulsion ® with 2.85 wt% S resulting in a flue gas concentration of SO 2 exceeding 2000 ppmv. In the second campaign, the fuel applied was a low-S blended coal and the SO 2 concentration in the raw gas was around 400 ppmv. A novel probe for in situ sampling of gas phase concentrations in wet FGD spray absorbers was developed and applied for measuring axial profiles of the SO 2 gas phase concentrations in the absorber. The expected decrease in SO 2 concentrations along the height of the absorber was found in the spray section (from height 26.5 to 36.2 m) whereas the SO 2 concentration above the holding tank and below the gas inlet was quite low probably due to long local residence times in the region. Horizontal variations, due to somewhat different flow conditions near the column wall were investigated and the SO 2 concentrations were found to be higher near the wall. Measurements at different gross loads showed that the SO 2 gas phase concentration at a given position inside the absorber was roughly linearly related to the L/G ratio in the measuring interval. Turning off one of the lower spray levels, while burning coal with low S content, did not lower the overall removal efficiency of the absorber. However, the SO 2 gas phase concentration inside the lower part of the absorber was increased by a factor of 2–3. Measurements of slurry pH at different positions showed a decrease of approximately 0.5 units from the upper to the lower part of the absorber. The full-scale measurements provide a detailed set of experimental data for validation of mathematical models of a wet FGD spray absorber.