Sunday, January 26, 2020

Restorative Justice | An analysis

Restorative Justice | An analysis Introduction Restorative Justice is often known as the term used to describe meetings in which people affected by crime talk about their experience, the damage and harm caused, in addition to discussing how the situation can be repaired, on a direct and personal level. Government research shows that Restorative Justice is coveted by around half of victims, helping victims who choose to take part, but reducing their desire for revenge and by relieving any undue stress that has come to fruition as a result of the victims experience. It has been argued that custodial sentences do not rehabilitate offenders, particularly those offenders who had committed minor/petty crimes. Many offenders, once released, would have strengthened their overall knowledge of crimes, gaining information from fellow inmates. Therefore, custodial punishments could be seen as considerably more harmful for the offender compared to community sentences. Prisons always do harm. Thats the most important thing that people have to get into their heads: that prison always does harm (McLellan, 2006:10) Restorative Justice allows victims the opportunity to inform their offenders of the true impact that the crime they committed had on the victims life, helping them to get answers to their questions and to receive an apology for the overall experience that they encountered. It gives the offenders the chance to repent and understand the significant impact of what they have done and to do something to repair the damage and harm caused. A great positive concerning restorative justice is that it has the potential to unite offenders, victims and local communities together to resolve any problems, and to settle on a response to a particular crime. Its crucial for the process of restorative justice to put victims needs at the centre of the criminal justice system and, drawing on positive solutions to crime by support them in order for the offender to face up to their actions. Within the criminal justice system, restorati ve justice conferences allow offenders, victims and their respective family members and friends to come together to explore how those involved in the incident had been affected and, when possible, to decide how to repair the harm and meet their own needs. A victim can request a restorative justice approach to help an offender comprehend and understand how the crime has affected their life, and/or other peoples lives in the process, to gain information, helping put the crime behind them and aiming to come to terms/forget their experience and personal ordeal, and to openly forgive the offender for their actions. Restorative Justice also aids offenders, with trials within the United Kingdom highlighting that the process of Restorative Justice significantly reduces the number of crimes offenders commit, with an average of 27% fewer crimes committed by offenders who had taken part in a restorative justice conference. Restorative Justice is also beneficial in terms of finance, as it has b een underlined that restorative justice saves the criminal justice system up to  £8 for every  £1 spent delivering the Restorative Justice Service. Restorative Justice assists offenders to account for what they have done, directly and personally, in addition to helping the victims to proceed with their lives. Restorative Justices is not only used successfully within the Criminal Justice System, but also in local communities, school, at work, and within other institutions across the country. (Restorative Justice Consortium (RJC)) Various techniques are used to bring the offender and victim together, to discuss the impact the crime has had, on both of their lives, futherly helping both parties to leave the incident behind them and continue with their lives. Direct mediation involves the victim, offender, facilitator and potentially other supporters for each party who come together to meet face to face, discussing the experience and incident as a whole. Similar to direct mediation is involving the wider community whereas indirect mediation concerns the victim and offender who communicate through letters which are passed between them by a facilitator. Conferencing is another technique used, which involves supporters from both parties. Restorative justice is carried out in many different forms and structures; however, each and every variety within restorative justice contains common/similar traits. When concerned with criminal cases, each and every victim is given the opportunity to express the full impact of the crime upon their lives. Offenders can also contribute by expressing their feelings and views concerning the crime, explain on a personal level why the crime was committed and similarly to the victim, explain how the incident has had on their life. In social justice cases, those less fortunate and impoverished people such as foster children are given a similar opportunity to express their opinions and points of view for their futures, and being encourag ed to plan their futures, thus avoiding involvement in committing crimes. However, only a small minority of young adolescents have access to Restorative Justice. The Restorative Justice Consortium (RJC) consider their consortium to be the national voice of restorative justice with their vision being for every person harmed by conflict to have the opportunity to resolve it through a restorative processproviding independent information about Restorative Justice to the public; support and resource our members who deliver Restorative Justice and promote the development and use of Restorative Justice. (Restorative Justice Consortium (RJC)) Restorative Justice Unit Victim-Offender Family Group Conferences is one method/process used within restorative justice, where conferences are organised by the Restorative Justice Unit (RJU) in reaction to referrals from victims, offenders, as well as anybody else considered to be involved in the situation. The programme occurs once the offenders sentence has been concluded, allowing victims to put across their point of view even once offender has been sentenced to jail or to a community alternative. Agreement on participation within the video conference must take place between the offender and the victim. Whilst participating in the conferences, the offender and victim(s) can meet together with their respective parties. Each and every participant has the chance to discuss the crime and the impact that this has had on their lives. Once this has occurred they then come to an agreement about what needs to be done to help to repair some of the damage and minimise future harm. The agreement is called a Conferenc e Agreement. This arrangement may include an apology, community service work, repair of damage to property, personal repayment as well as an undertaking by the offender to seek counselling, support or treatment. (Restorative Justice Consortium (RJC)) Restorative justice contains many benefits and positives. For example, whereas traditional justice can be seen to be about punishing offenders for committing crimes against the British Government/Nation, restorative justice solely concerns offenders and their victims, aiming to make making amends directly, with the people and victims involved. Restorative justice assists victims to speak and discuss their criminal experience as a victim within the criminal justice system, in addition to acknowledging the explanations of both parties concerned, building confidence and a rapport that ultimately leads to the offender making amends for their actions, and the damaging effect their actions caused upon an innocent member of society. Studies on restorative justice indicate the that restorative justice approaches help to reduce post-traumatic stress disorder in victims , and in many, deter offender from crime, as well as motivating offenders to avoid further criminal behaviour. Some may believe restorative justice to be an easy and simple process to go through, however it should not be considered a soft option as many offenders find it extremely difficult to face up to the impact of their crimes, committed by themselves. There are many types of restorative justice approaches including, offenders removing graffiti, repairing property that has been damaged, bringing shoplifters face to face with store managers to hear how shop theft affects others, and also getting offenders to write letters of apology to those who have been affected as a result of their own criminal behaviour. McCold and Wachtel bring to light that restorative practices have a clear and defined history within the concepts of restorative justice. The Interna tional Institute for Restorative Practices (IIRP) continues to develop comprehensive framework to be put into practice, with theory that aims to expand concept and hypothesis of restorative justice further afar than its original ideas in criminal justice. Restorative practices continue to emerge in term of practice and study, which are devoted to structuring and realising social discipline, through social participation in restorative justice Involved Steps Steps have been taken to considerably promote restorative justice within the criminal just system. Restorative justice is essentially committed to putting victims at the forefront of the criminal justice system, in order to have their say and reflect upon the experience they encountered, assisting the criminal justice system in the reduction of crime within the United Kingdom. Recent restorative justice strategies include introducing more restorative justice processes into the criminal justice system such as weve introduced restorative police cautioning , as well as aspiring to offer 75% of all victims of youth crime participation in restorative processes. Restorative justice also looks to develop an evidence headquarters for the use of restorative justice through funding a number of pilots on topics like the relationship between restorative justice and prevention of re-offending, in addition to developing and introducing constructive, practical and valuable guidelines for people wor king in restorative justice. Mc Cold continues to inform us of how restorative justice has been applied to property offences, as well as civil and criminal offences. However, it has been deemed as unsuitable for drug offences, sexual assault and domestic violence. However, areas of Australia and New Zealand are amongst the nations who have chosen to deal with juvenile sexual offences using restorative justice. Indigenous and native areas of Canada have implemented different approaches, such as circle sentencing, to tentatively deal with domestic violence. Supporters believe that this may be suitable to these indigenous communities due to their different levels concerning their personal regard and effectiveness they have for a punitive court system compared to non-indigenous communities and groups. However, it is acknowledged that restorative justice has no agreed, fixed or set rules and regulations, and therefore it must be emphasised to avoid conflict within communities. Reparation s is a fair and practical way for the offender to repay the harm caused as a result of their offence, either by personally repairing the damage caused or through assisting within the local community. Types of reparation include, as mentioned earlier, a written apology, an oral apology, or financial reparation to the victim. Community reparations involve the offender working within a local community, as a source of punishment and repayment due the detrimental effect their crime had on the community as a whole. In 2001, the Home Office conducted their fourth report concerning their Crime Reduction Programme. Earlier reports highlighted how schemes were implemented, the expectation of the participants who were due to be involved in the scheme in addition to feedback given from those who we previously involved in the scheme, highlight the benefits and rewards that they experienced as a result of restorative justice.. This fourth report focuses on one of the key original aims of the Home Office funding, whether restorative justice reduces re-offending and/or provides value for money. In 2007, Lawrence W Sherman, Professor of Criminology at the University of Cambridge, was assisted in publishing a review of each and every research project, from 1986 to 2005, concerning restorative justice conferencing. The results that came from the publication were considerably constructive, encouraging and optimistic. It found that victims who were assigned to and complete the restorative justice process reported greater ability to return to work, to resume normal daily activities, to sleep better at night. What is also very encouraging is that during the 19 year period of the reports, there were no documented cases or either physical or verbal violence between the two parties involved in the restorative justice process. The reports also emphasised that much of the reluctance is due to the unfamiliarity of the general public towards restorative, with the majority, having little or no knowledge of the procedures involved, due to misconceptions about what it entails, through communication and interaction with others. Restorative justice is considerably more accessible now than it ever has been throughout its history as well as the history of the criminal justice system, together with information about the upbeat views of the victims who have chosen to participate; this is likely to result in increased participation amongst victims, who previously were unwilling to participate. Due to such consistent positive feedback about victim benefits, within the vast majority of cases, helps us conclude that victims will generally benefit from participation whenever they have the opportunity to do so, and should seek to volunteer for restorative justice, as the report shows they have nothing to fear, but a great amount to gain through participation. The reports published also showed differences in the victims feeling prior to and after the meeting with the offender had ta ken place. Feelings differed greatly when considering personal fear of the offender, especially amongst more violent victims; personal self-confidence; level of personal anxiety; sympathy for the offender and the offenders supporters, wishing for their sake also that the crime had never been committed; as well as feelings of trust in others, that had previously been depleted as a result of the criminal ordeal as a victim Family group decision-making Family group decision-making (FGDM) also known as or referred to as family group conferencing (FGC) deals with allowing extended families to meet privately, with no counsellors/staff in the room, to formulate a plan to protect their children families from further neglect and violence. In education, circles and groups provide opportunities for students to share their feelings, build relationships and problem-solve, and when there is wrongdoing, to play an active role in addressing the wrong and making things right Thus, I see restorative justice as a forward-thinking and moving, anticipatory response that strives to understand crime in its modern day social context, challenging us to examine the causes of foundations that lead to criminal actions of violence. The restorative justice approach is based on the supposition that crime has its origins in social conditions, and recognises that offenders themselves have often suffered harm, turning to crime as a result of their personal exper iences. As a result, communities must both take some responsibility for controlling the social condition that significantly contributes to crime, simultaneously working to promote healing. With healing not only crucial to victims, but also to the offender. Equally the rehabilitation of offenders, as well as their re-integration into the community are critical aspects of restorative justice. Offenders are treated respectfully and their needs are addressed. Removing them from the community, or imposing any other severe restrictions, is a last resort. It is thought that the best way to prevent re-offending is re-integration. As a result, restorative justice can be seen to be a positive structure that continues to grow and gain publicity. It is the choice of the victim and the offender to volunteer to be included in the restorative justice programme, and therefore it can be said that a negative aspect concerning restorative justice lies with the victim and the offender, as restorative j ustice is not an issue forced upon a person, but a choice that can have a significant overall effect on not only the lives of the two parties involved, but also on the community as a whole. Another criticism of restorative justice that has been raised is that there is no detailed and precise theory supporting the procedures of restorative justice. For example, some see restorative justice as being vulnerable to biases and prejudice, particularly concerning class and race which could distort the fundamental purposes of restorative justice, instead reinforcing western, white middle-class values. (Delgado, 2000:768) Due to the lack of precise theory surround restorative justice, it is open and vulnerable to criticism. Ashworth and von Hirsch highlight the possible lack of equality and proportionality involved in restorative justice procedures, concerned with the extreme demands of irate victims, however Dalys claims are not supported by evidence or theory, and as a result his hypothese s is not always taken into consideration. Restorative justice is also vulnerable to criticism from opposing politicians and members of the general public, as a result of many believing in the old-fashioned phrase you do the crime, you do the time. Many see restorative justice as a simple option for offenders, causing numerous groups and people to ask the question Why commit the crime in the first place? Numerous members of the general public and several scholars believe that victims should not be pressured into reconciling with the offenders, ultimately ensuring that the general public and offenders separate in order to assure public safety. However I disagree with this view as restorative justice is a voluntary option, not being forced on the victim, it is their own personal choice, and in order for offenders to be fully rehabilitated, they have to accepted and re-integrate with society once their sentence has passed. Re-integration is made considerably simpler if the offender is given the chance and opportunity to come face-to-face with the victim, assisting the offender to realise the impact that their immoral actions have had, not only on the victim, but on close friends and relations. Overall I believe restorative justice to have a positive impact within the criminal justice system, targeting rehabilitation and reform, whilst hoping the offenders do not re-offend. Restorative justice can be seen to be a pro-active method of reducing crime, for the offender, as well as having a positive effect on the victim, helping them overcome any fears they may have had prior to meeting with the offender. Methods and processes of restorative justice continue to go from strength to strength, reforming and rehabilitating more offenders each year, which can simply be described as a move in the right direction for our criminal justice system.

Saturday, January 18, 2020

The William Wrigley Jr. Company Essay

1.0   Introduction Identifying opportunities for corporate financial restructuring was typical for Blanka Dobrynin, a managing partner of the hedge fund Aurora Borealis LLC. In 2002, with the then debt free William Wrigley Jr. Company (Wrigley) in her sights, she asked her associate Susan Chandler to conduct research on the impact of a $3 billion debt recapitalisation on the company. This case report aims to make an informed recommendation on whether Wrigley should pursue the $3 billion debt proposal. 2.0 Optimal Capital Structure According to Miller and Modigliani’s (1958) first proposition, the value of a firm is independent of its capital structure, assuming no corporate taxes. It was later demonstrated that the existence of debt in the capital structure creates a debt shield that increases the value of the firm by the present value of the tax shield (Miller & Modigliani, 1963). This line of reasoning implies that debt financing adds significant value to the firm and an optimal capital structure occurs with 100% debt. However, this is an unlikely outcome in reality with restrictions imposed by lending institutions, bankruptcy costs and the need for preserving financial flexibility implying that management will maintain a substantial reserve of borrowing power (Miller & Modigliani, 1963). These imperfections have since been discussed as additional factors when determining an optimal capital  structure. The trade off theory suggests that an optimal capital structure may be achieved by determining the trade-off between tax shields and the costs of financial distress (Kraus & Litzenberger, 1973). The presence of tax shields means that the optimal capital structure decision is unique for each firm (DeAngelo & Masulis, 1980). High levels of debt can lead to indirect bankruptcy costs and financial distress costs which relate generally the costs associated with going bankrupt or avoiding bankruptcy. At high debt levels, the benefit of debt may be offset by financial distress costs. It appears that the optimal cash structure exists somewhere in the middle. Jensen and Meckling (1976) noted the existence of ‘agency costs of debt’. These costs arise when equity holders act in their own interest rather than the firm’s interest. As Wrigley is a family owned company it is unlikely that agency costs will be an issue. 3.0 Weighted Average Cost of Capital (WACC) The question that underlies the decision to pursue the debt proposal is whether Wrigley is efficiently financed without debt. In this report, the WACC will be the main factor when determining whether Wrigley is efficiently financed. The WACC is the minimum return that a company needs to satisfy all of its investors, which is also the – it is the required rate of return on the overall firm. The value of Wrigley will be maximized when its WACC is minimized. This report will examine the optimal capital structure as the one that produces the lowest possible WACC. WACC is one of the most important methods in assessing a company’s financial health, both for internal use, such as capital budgeting, and external use, such as valuing investments or companies. It is able to provide an insight into the cost of financing and can be used as a hurdle rate for investment decisions. It can also be used to find the best capital structure for the company. The WACC can be used as a rough guide to the interest rate per monetary unit of capital (Pratt & Grabowski, 2008). The WACC method can be considered a better indicator than other methods such as earnings per share (EPS) or earnings before interest and tax (EBIT) because it takes into consideration the relative weight of each component of a company’s capital structure (Armitage, 2005). The calculation uses the market values of the components rather than the book values as these values may differ significantly. The components WACC takes into consideration include internal and external factors such as equity, debt, warrants, options, pension liabilities, executive stock options and government subsidies (Hazel, 1999); whereas the EPS and EBIT calculations only take into consideration the internal factors, such as total earnings. of the company and However, the earnings reported by a company may not be a reliable value, as they tend to report more favourable values as opposed to the true amounts. However, as the WACC is calculated according to M&M theory, some of the input parameters can be difficult to ascertain. This is due to the uncertainty that exists in the market that would influence the outcome. Another issue limitation with the WACC, is that it relies on the assumption made in the M&M propositions, which do not necessarily apply in the real world. Some assumptions that do not apply include the fact that transaction costs exist and individuals and corporations do not borrow at the same rate. Referring to Appendix 1, the calculations show a slight increase in the WACC after the $3 billion debt is acquired. This change is more profound when using the 10 year US treasury rate as the risk free return – an increase from 10.11% to 10.28% for the WACC. Therefore it appears that the optimal capital structure for Wrigley would be one containinginclude no debt as this provides the lowest WACC. 4.0 Estimating the effect of the recapitalisation on: 4.1 Share value In an efficient market, it is assumed that the share price will change  quickly to reflect investors changing perceptions about the new debt issue. The effect of the recapitalisation on the share price can be summarised by Miller and Modigliani’s adjusted NPV formula: Post-recapitalisation equity value = Pre-recapitalisation equity value + Present value of debt tax shields + Present value of distress related costs + SignalingSignalling, incentive & clientele effects Assuming the debt will continue into perpetuity, the present value of the $3 billion debt would be $1.2 billion. Using the post recapitalisation value of equity incorporating the tax shield of $1.2 billion, the stock price is increased from $56.37 to $61.51. The remaining factors of this equation are very difficult to ascertain. The present value of the distress related costs could be assumed to be the value of a put option on the debt. Nevertheless, it could be assumed that financial distress costs would be negligible in Wrigley’s situation, as it is a market leader with a strong financial position. It is very difficult to estimate the cost of signalingsignalling and clientele effects and it is necessary to bear this in mind when looking at the increase on share price as it does not fully reflect all relevant considerations. 4.2 Level of Flexibility Financial flexibility refers to the ability of a firm to respond in a timely and value-maximizing manner to unexpected changes in the firm’s cash flows or investment opportunity set (Dennis, 2011). Chief Financial Officers surveyed by Graham and Harvey (2001) state that financial flexibility is the most important determinant of corporate capital structure (Graham and Harvey, 2001). A flexible capital structure can be achieved by preserving access to low-cost sources of capital. DeAngelo and DeAngelo (2011) argue that firms should optimally maintain low levels of leverage in most periods in order to be better equipped to cope with the adverse consequences of exogenous shocks. They also argue that firms should maintain low leverage and high dividend payouts in â€Å"normal† periods in order to preserve the option to borrow or issue equity in future â€Å"abnormal† periods characterised by earnings short  falls and/or lucrative investment opportunities. The financial flexibility of Wrigley will be reduced as borrowing $3 billion now will lower their ability to borrow in the future if there are any lucrative investment opportunities or cope with any unexpected exogenous shocks to the market and themselves. 4.3 Mix of Debt and Equity Considerations have to be made when evaluating the recapitalisation of Wrigley’s capital structure by adding debt. A concern of Wrigley is deciding the debt ratio which optimizes the overall value of the firm. Companies are often inclined to choose debt over equity as the cost of debt is cheaper due to the tax shield created. With the addition of $3 billion of debt in Wrigley’s capital structure, the tax shields benefit will increase the equity value by $1.2 billion. The estimation of the tax benefits are assumed under the condition that Wrigley will maintain debt value of $3 billion in perpetuity. As a result of $3 billion payout, the value of equity will decline by $1.8 billion which will be offset by the present value of the debt tax shield ($1.2 billion). Wrigley’s debt/equity level after recapitalisation will be 78% and 22% debt. The traditional view is that taking on higher levels of debt could potentially generate more earnings on positive NPV projects which could increase the company’s value. Although it should be noted that considerations have to be made at what which point, debt becomes more costly to Wrigley in terms of increased risk to shareholders. Assessing Wrigley’s optimal debt level, it suggests that the optimal point would be not taking on any debt. By taking on debt, Wrigley’s credit rating will fall from AAA to BB/B, as it would be increasing it’s risk levels of financial distress and risk of bankruptcy cost. Assessing From this, it can be recommended that Wrigley’s optimal debt level, it suggests that the optimal point would be not taking on any debt.having minimal debt. 4.4 Reported earnings per share Before the proposed recapitalisation, Wrigley will have no minimal debt. If Wrigley does not have any income, they still need to pay the interest on the debt, so EPS will be negative. Referring to Appendix 2, the two lines intersect where EBIT is $1.70 billion and EPS is $12.21. This is the break-even point – if EBIT is above this point leverage is beneficial. If Wrigley’s income was higher than $1.70 billion, they could should take the $3 billion debt. In fact, the current income is only $0.51 billion therefore according to a breakeven EBIT analysis, Wrigley should not pursue the debt. 5.0 Other matters for the board’s consideration 5.1 Effect on Voting Control Assuming the $3billion is used either for a dividend payout or share repurchase, only the second option would alter the amount of shares outstanding. The Wrigley family already controlled 21% of the common stock and 58% of the Class B common stock, which had superior voting rights attached. A $3 billion share repurchase would substantially increase the voting control of the Wrigley family, however the family was already in a majority position so voting control would not be substantially different. A strong controlling majority is highly advantageous in deterring potential mergers and acquisitions. 5.2 Clientele and Signaling effects In general, companies that take on debt signal to investors that the company is in a good financial position as it is able to make future interest repayments. If the debt were used for a dividend payout, this would signal to investors that the company is doing well and increase the stock price. However, using the debt for a share repurchase might have a clientele effect  on potential investors that prefer dividend payouts. These investors could potentially sell their remaining stock in reaction to the share buyback resulting in the stock price falling. 6.0 Conclusion The WACC indicated that taking on $3b of debt would reduce the value of Wrigley company. This value could change, provided the Wrigley company had an investment opportunity or plan to use the newly obtained debt of $3b. The WACC value may be disregarded or adjusted if Wrigley had a high NPV project to invest in or provided a specific use for the funds. However, in the current situation, there is no indication of the reasons for Wrigley to take on the debt and thus they are unnecessarily restricting their financial flexibility. This could prove costly in the future if there are any unexpected negative shocks to the market or Wrigley may miss out on a highly lucrative investment opportunity due to their inability to borrow more. Therefore it is our recommendation that the Wrigley company does not take on the $3b of new debt as it would reduce the total value of the company at this point in time. 7.0 References Armitage, S. (2005). The Cost of Capital: Intermediate Theory. Cambridge, UK: Cambridge University Press. DeAngelo H., & DeAngelo, L., (2006) Capital Structure, Payout Policy, and Financial Flexibility, University of Southern California working paper. DeAngelo, H., & R.W. Masulis. (1980) Optimal Capital Structure under Corporate and Personal Taxation. Journal of Financial Economics 8, 3-29. DeAngelo, H., DeAngelo, L., & Whited T.M., (2011) Capital structure dynamics and transitory debt. Journal of Financial Economics, 99, 235–261. Denis, D J. (2011) Financial Flexibility and Corporate Liquidity. Journal of Corporate Finance, 17(3), 667-674. J.R. Graham, & C.R. Harvey., (2001) The theory and practice of corporate finance: evidence from the field. Journal of Finance and Economics 60, 187–243. Jensen, M., & Meckling, W. (1976). Theory of the firm: Managerial behavior, agency costs, and ownership structure. Journal of Financial Economics 3, 305-360. Johnson, H. (1999). Determining Cost of Capital: The Key to Firm Value. London: FT Prentice Hall. Kraus, A., & R.H. Litzenberger. (1973) A State Preference Model of Optimal Financial Leverage. Journal of Finance (September), 911-922. Modigliani, F., & M.H. Miller. (1958). The Costs of Capital, Corporate Finance, and the Theory of Investment. American Economic Review, 48 (June), 261-297. Modigliani, F., & M.H. Miller. (1963). Corporate Income Taxes and the Cost of Capital: A Correction. American Economic Review 53 (June), 433-443. Pratt, Shannon P., & Roger J. Grabowski. (2008) Cost of Capital: Applications and Examples. Hoboken, NJ: Wiley.

Friday, January 10, 2020

Football in Islam Essay

Introduction Football is considered to be the best popular sport in the world and became widespread after the Second World War. This game has gained importance these days all over the world and has come to be a significant phenomenon throughout the world. We see people becoming preoccupied with football matches more than being concerned with the fate of the Muslims throughout the world especially Muslims country in the war such Palestine and Syria. This preoccupation with football has also become the concern of newspapers and magazines, and football matches are aired regularly on TV screens. Whatever news or stories relating to football clubs and players is publicised and all of this attracts people to sport and to players. Furthermore, the people’s emptiness and forgetfulness cause them to forget the main purpose of their creation and the real goal (of their lives) that they have to realise. This doesn`t mean football only shows negative impact at all, but we as a Muslims must beware and not make football as only purpose of life. We should make football as a sport that makes us healthy and strong so that we can be a good Muslim and preparation for jihad. Show support and message to world on Palestine after scoring goal. Brief history of Football and its different types. Football is a game played between two teams which each have eleven players. They use a pumped up ball on a rectangular shaped playing field which has a goal at each end for each team. Each team tries to get the ball pass the goal-keeper of the opposing team in order to gain a point (goal) and in order to gain superiority over the rival by achieving more goals. There are many stories of how and where football originated. Some of these are as follows: a. A football game existed in China as early as 206 B. C. (before century) By 500 C. E(common era), round balls stuffed with hair were being used. b. A game called â€Å"harpaston† was played in ancient Greece where a ball was propelled by any means across the opponents’ goal line, by the 2nd century B. C. it had migrated to Rome. Romans may have taken the game throughout Europe and England. c. There was a football game in 7th century Japan. d. Mob games played in medieval Europe where an inflated animal bladder was kicked, punched or carried. However, the first clear signs that this game was being played was in England immediately after the sudden death of a goal-keeper on 23 February 1585 In the year 1863 the British Football Association (FA) was founded and it was the English who developed it and then it transferred from continent to continent throughout that century. It remained like this for around seventy years until 1930 and the English would always be victorious over smaller inexperienced teams. After this period the Latin America football teams emerged and surpassed the teams in Britain and elsewhere. Today there are over 209 states that are members of FIFA and in most European cities weekly betting over football results take place, such as with the betting agency Toto. FIFA was established in Paris on the 21st May 1904 and under its jurisdiction formed the World Cup Championships in Monte Video, Uruguay. There are also other championships such as the European Championships, which is similar to the World Cup Championships, and was established in 1958 . Both the World Cup and European competitions are played every four years. In addition to the well known variety of football, the harms of which we are about to make clear, there are other regional forms of similar games wherein inflated balls are used and are also known as â€Å"football†. Such games are played in the United States of America, Canada, Australia and Ireland, and they are 1. American football A very violent game indeed, it emerged in Harvard in 1872 and it was derived from the tradition of Rugby and named â€Å"football† whilst what is well known as football around the world is named â€Å"soccer† in America. Each team consists of eleven players and they all use helmets on top of their heads and wear special protective clothing. 2. Australian football This game was founded in 1868 , the pitches that are used are of an oval shape whilst the ball resembles that of a Rugby ball. Each team consists of eighteen players and substitutes and fifteen who play on the actual pitch. Every player has an opponent and as for the other three they act as moving elements. When the ball passes the centre of the goal between an outer and inner post then the team scores a point. If an attacking team is able to put the ball through the two in near posts (of a set of four posts) then they score six points. 3. Canadian football Generally it resembles American football and has the same terminologies along with it yet with some differing rules. Each team consists of 12 players instead of eleven1. Why football become epidemic? As we know, football game has been epidemics in people all over the world including Muslims not only for men but also women. It had been so due to several factors. Firstly, the individual Muslim, living in a non-Muslim country, constantly faces a dilemma with regard to the environment in which he lives. In a country like South Africa where the Muslim community is a minority, it is not surprising that alien ideologies are unfortunately allowed to erode the Islamic code of life. The individual Muslim needs to be firm and strong in belief in order to avoid the various sources of temptation within this un-Islamic environment. Unfortunately, erroneous dictates of foreign cultures have become norms within the Muslim community. For example, perceptions that this world is an end in itself and as such life should be enjoyed by engaging in such activities which provide for maximum satisfaction of the desires. Worldly pleasures have gained priority over the more important abode of the Hereafter (Akhirah). In the sporting context, Muslims have also started believing that peace of mind can only be achieved through football. The Western media is flooded and obsessed with football. Almost every newspaper and many magazines make some sort of reference to football. Television is swamped with football. This widespread coverage of football has revolutionized Muslim homes. The ease of access to football due to television is a major reason why football has reached alarming proportions within Muslim society. Secondly, Muslim parents, teachers and even some Ulama openly encourage sport, without setting any limitations. The interests in football shown by Muslim adults together with a culture of hero worshipping of sportsmen have made children falsely believe that football is totally acceptable under all conditions. The common Muslim is seldom discouraged to become a football fanatic. Thirdly, football has become a norm within Muslim society. The Muslim who shows little interest in football becomes marginalised in public discussions. Muslims believe that football is an acceptable means of public interaction2. Benefits of Football. The benefits and advantages of football in today’s times have been classified in terms of physical, social, economic factors. a. Physical Benefits 1. Health and fitness Playing football is one of the important factors which contribute to good health. Many studies have been carried out in order to determine the effect of football on health. Generally, it has been shown that football, through physical exercise, can improve posture, promote physical fitness and good health. Modern medicine has also shown that playing footballs can prevent certain diseases such as obesity, heart disease and osteoporosis. From an Islamic perspective, physical fitness and physical strength are qualities which need to be developed, as can be seen from the following explanation by Moulana Ashraf Ali Thanwi (Rahmatullah alaih):†Hadhrat Abu Hurairah (Radiallahu anhu) narrates that Rasulullah (Sallallahualaihi wasallam) said: â€Å"A strong Believer is better than a weak Believer. † â€Å"This Hadith speaks of physical strength as is clear from the explanation of the hadith by the authorities of Deen. Physical power and strength are abilities which Allah Ta’ala loves in his servants. Physical strength has to be developed by Believers. Since this is desirable, it follows that it is a duty upon one to preserve one’s health and develop one’s strength while at the same time it will be un-Islamic to resort to such practices which are harmful and injurious to one’s health. Excessive eating, excessive sleeping and excessive indulgence in sexual relations are destructive to one’s health. In the same way, excessive reduction in food and sleep produces physical weakness. ‘3 2. Preparation for Jihad The maintenance of good health, the development of power and bodily strength are important in preparing for Jihad. Even some Muslim scholars had a opinion that one may participate in modern footballs if certain conditions are met and the aim is to build the physical and mental strengthens in preparation for Jihad. 3. Relaxation of the body and mind Most of the Ulama agree that relaxing the mind and body is sanctioned in Islam. This relaxation is beneficial for the individual, in that the object of life which is to worship Allah can be performed more earnestly and with greater devotion. b. Social Benefits 1. Development of Social Skills Football is often accredited with developing social skills in the individual. These include such skills as courtesy, fair play, and teamwork. While this assertion may be true, it has to be pointed out that football is not the only means of acquiring such skills. Following the lifestyle of our Holy Prophet (Sallallahu alaihi wasallam) and living an Islamic life from an early age, can inculcate in a Muslim all the social skills that are required. c. Economic Benefits 1. Employment Football has become a major industry due to the level of interest shown by the public. Hence, there are a significant number of people in the world today, who rely totally on football to make a living. Avenues for earning wealth from purely football sources include the sale of tickets, marketing and sale of footballs equipment and clothing, operation of footballs facilities, researching into sport science, and publishing of specialized footballs magazines and journals. Some may say that the income generated from these avenues is not Halal according to the Shariah because this involves sanctioning of the many harms of football. However, it may be argued that a Muslim who sells a bow and arrow, for example, with the intention that the Muslim community may use it to train for Jihad is surely not transgressing any of the laws of Shariah. Harms of football. 1. Exposure of the aurah (parts of the body which has to be necessarily covered). In football there is a considerable amount of exposing the ‘awrah. If it involves exposing the thighs and the people look at them and people are looking at each others thighs, then this is not permissible as the thighs are from the ‘awrah and covering the ‘awrah is obligatory except from the wives and concubines, in accordance with the statement of the prophet (sallallaahu alayhi wassallam):â€Å"Guard your ‘awrah, except from your wife or what your rights hands possess. †The proofs that the thigh is from the ‘awrah are many, from them: what has been verified from imams Maalik, Ahmad, Aboo Daawood, Turmithee, Ibn Hibbaan and al-Haakim from Jarhad al-Aslamee(radi Allaahu ‘anhu) that the Prophet (sallallaahu alayhi wassallam) passed by him and his thigh was exposed. The prophet (sallallaahualayhi wassallam) said: â€Å"Cover your thigh as it is from the ‘awrah. †4 What has also been verified by Aboo Daawood and others from ‘Alee (radi Allaahu ‘anhu) , the Messenger of Allah said: â€Å"Do not expose your thigh and do not look at the thigh of the living of the dead. †5. If this is known, then looking at other peoples ‘awrah is impermissible yet this is what takes place in football matches today. There is not a match where the thighs are not exposed and the ‘awrah of people are not discussed, this is the case even with female sports! Female can only playing football provided that all the spectator including coach and football stuff are woman. Futhermore, beautiful women appear on the TV screens as advertisements in order to cover the costs of broadcasters or other companies. 2. Foul play. Modern soccer has developed into a war between players. Often, during the course of play, one player purposefully injures another by kicking, tripping and even punching. To prevent a player from a scoring a goal, a defender will use illegal tactics to stop him. This may cause severe physical injury. Can these kinds of barbaric deeds be called sport? 3. Spectator Problems Crowd trouble has become synonymous with football. Within the last 30 years, there have been many cases of crowd violence where scores of spectators have been killed or injured. Soccer hooliganism has become prevalent due to uncivilised behaviour which is closely related to alcohol, music and fanatics. The impulse which stimulates action from a crowd frequently turns a peaceful crowd into a maddened mob where violence, hatred and revenge may prevail. The following examples clearly illustrate the extent of violence and crowd problems associated with football: a. 1964 – More than 300 people were killed and more than 500 were injured in a riot in Lima, Peru after a goal was disallowed in a match between Peru and Argentina. b. 1984 – During the European Cup final between Liverpool and Juventus, 39 people were killed and more than 400 were injured due to crowd violence. This was due to rioting Liverpool fans who were drunk and armed with sticks, iron bars and bottles4. c. 1989 – 94 people were killed and about 150 seriously injured during the FA Cup semi-final between Liverpool and Nottingham Forest. This occurred as thousands of people, some of whom were drunk, began rushing and pushing into the stadium. As a result of the overcrowding, thousands of supporters were crushed into the perimeter fencing, which had been put there to prevent hooligans from invading the pitch5. Apart from these cases, there have been numerous cases of spectators invading the pitch, attacking players and stewards, looting and generally uncivilised behaviour. 4. Football fanatics. Football had becomes a means to divide the ummah and create enemity and hatred between individuals in it, wherein vile partisanship to different sports teams is common. Thus this person encourages and supports one team and that person encourages and supports another, to the extent that the people of one family split up amongst themselves. This one follows a team and that one follows another team and the matter does not stop at mere support for teams, rather the followers of a winning team begin to make sarcastic comments about the losing team and at the end of it is argumentation and scuffling amongst supporters, which leads to people becoming wounded and fighting resulting in people dying, the victims of  football! The organisers of the world cup final between Brazil and Uruguay on July 16 1950 at the Maracanaa stadium in Rio de Janeiro in Brazil, were ompelled to make a hole thirteen meters wide and a meter and a half deep to protect the players from the crowds and vice versa8. 5. Zionist conspiration. Football competitions have become destructive elements that are used by the enemies of Islam, as what they encourage attaches honour to the ummah. As now the ummah, in the name of different sports including football, wastes considerable money and time. Instead of the ummah being occupied with beneficial actions and beneficial manufactures, the ummah has become within the rank of developed countries, from the backward nations and countries. Furthermore, the ummah needs to become occupied with the thought of struggling against its enemies, this issue of which is of great importance. Another thing that emphasises this is what is found in the Protocols of the Elders of Zion9 under protocol thirteen: â€Å"In order to keep the masses in misguidance, not knowing what is going on behind or in front of them, we will increase in averting their minds by way of a variety of amusements, humorous games and different types of sports, along with vain talk to nourish their tastes and desires. Furthermore, we hope to increase in the building of fine palaces and beautified structures. We will also produce publications that call to art competitions and sport. † By observing what the magazines and newspapers spread we find amazing figures regarding the fees spent on transferring players from team to team. 36 These figures even reach their tens of thousands not to mention the amount of money spent on coaches, managers, football pitches and broadcasting, and likewise all of the money that the spectators pay. For example, billionaire from Arabic country buy big club such as Manchester City and used the money for player transaction and advertising the club whilst some Islamic country starve and suffer from war. Conclusion It is not said that football is totally unbeneficial at all. Nowaday, Muslim professional football player are increasing especially in Europe region and become key player of a big club. In any condition, they should place their religion as a priority. Sevilla’s player, Freddie Kanoute has showed a very good example of Muslim footballer and role model to other professional player. He fast and play even during ramadhan and donate large portion of his salary for the Muslim charity in his country, Mali10. We also as a Muslim can get involved in football either participating or just watching provided that we had settled and not neglected other important needs as a Muslim such as salah, respecting our parents and have a good relationship with others. One must weigh between benefits and harm before take any action. Muslim football celebration after scoring a goal. Female Muslims also can play football with hijab. References. 1. Reilly, Thomas; Gilbourne, D.†Science and football: a review of applied research in the football code† published in 2003. Journal of Sports Science 21: 693–705. 2. Mufti Ahmed E. Bemat. , Islam and Games,Tadkeshwar, Surat, Gujrat, India, translated into English from Gujrati by Prof Murtaz Husain F. Quraishi, Navsari, Gujrat, India,(1989). 3. (Hadhrat Maulana Ashraf Ali Thanvi (Rahmatullah alaih), Hayatul Muslimeen, Prepared by Mujlisul Ulama of South Africa, Port Elizabeth, p. 109 ) . 4. Authenticated by al-Bukhaaree in his saheeh (vol.1, 478) ;Ahmad in al-Musnad (volume. 3,478) ; Aboo Daawood in as-sunan,hadeeth no 4014 ; Tirmidhee in al-Jaami’, hadeeth no. 2798; al-Haakim in al-Mustadrak (vol. 4, 180);Ibn Hibbaan in as-Saheeh, hadeeth no. 1710 – al-Ihsaan. 5. Authenticated by Aboo Daawood in as-Sunan, hadeeth no. 3 l40 and no. 4015; Ahmad in al-Musnad (vol. 1, 146). The hadeeth is saheeh. 6. Nawrat, C. , Hutchings, S. , The Sunday Times Illustrated History of Football, Hamlyn, London, (1994), pp. 125-269 7. Barrett, Norman. , The Daily Telegraph Football Chronicle, Stanley Paul and Company Limited, London, (1994), pp. 226, 232 8. Nawrat, C. , Hutchings, S. , The Sunday Times Illustrated History of Football, Hamlyn, London, (1994), p. 151 9. Daniel Pipes ; Conspiracy: How the Paranoid Style Flourishes and Where It Comes From (The Free Press – Simon & Schuster)(2007) p. 86–87 10. Kanoute balance between football and faith during Ramadhan. www. kickitout. org/952. php (accessed 26 March 2013).

Thursday, January 2, 2020

Censorship and the Economy in the context of Modern Day China - Free Essay Example

Sample details Pages: 4 Words: 1211 Downloads: 5 Date added: 2019/06/12 Category Society Essay Level High school Tags: Censorship Essay Did you like this example? For much of history, the practice of suppression, elimination, and silencing has become an art form utilized by world leaders to restrict those with opposing opinions or ideas. Although some may believe in the modern world with firmly established democratic institutions that this practice is a myth of the past, many countries still practice censoring media. Notably, the world has observed the Communist Party of China since the 1950s rule the Chinese people with an iron fist, suppressing any and all opposition to its vision of a Chinese powerhouse through any means possible. Don’t waste time! Our writers will create an original "Censorship and the Economy in the context of Modern Day China" essay for you Create order In the every digitizing economy of the information age, this suppression is represented by Chinars Great Firewall which blocks and filters any data or information that the Chinese government deems subservient to its ideology. The Chinese government asserts that these policies protect and preserve Chinese traditions and ideas, but these policies do not come without potentially detrimental consequences. In fact, a 2017 report by the European Chamber of Commerce in China reported that one in five companies blame Chinars online restrictions for losses of at least 10% of revenue (Forbes, 2017). This conjures the impression to outsiders and businesses interested in marketing in China that China is a place hostile to foreign investment and to privacy rights. These policies have in turn deterred many top tier companies from operating in China at all, such as Google who has pulled its search engine out of China after being censored for years(Internet censorship as a trade barrier: a look at t he WTO consistency of the great firewall in the wake of the China-Google dispute). As a result, political censorship is detrimental to Chinars economy because many intellectual individuals who contribute the most to Chinars economy emigrate away, incompatibility of goals of China and goals of company leave companies disinterested and companies face invasions of their privacy. Chinars Brain Drain Epidemic Numerous barriers to the growth of Chinars economy exist, of which a contributing one is the growth in emigration of Chinars intellectuals. According to Foreign Policy, an American news publication focused on global affairs and international policy, professors from elite Chinese universities are leaving for employment at universities in the West, citing constraints on research in hard science areas like biology(Balding). These difficulties are explained by the existence of Chinars harsh crackdown on Virtual Private Networks. In China, VPNs are used to access websites and resources blocked by The Great Firewall, a tool used by the government to block access to any website it deems anti-socialist or western influenced. Specifically censored information includes anything related to the 1989 Tiananmen Square protests or Nobel peace prize laureate Liu Xiaobo, a Chinese citizen dedicated to political reforms and the end of one party communist rule in China. Likewise, many academic sites, w hich are often western in origin, are also blocked by the firewall. Both politicians within China and academic researchers alike have expressed dismay at such policies. Luo Fuhe, a vice-chairmen of the Chinese Peoplers Political Consultative Conference (CPPCC), expressed his discontent with Chinars current direction regarding censorship, stating that It is not normal when quite a number of researchers have to purchase software that helps them bypass the countryrs firewalls in order to complete their scientific research.(Shi). As many researchers require using western websites in order to cooperate with fellow overseas scientists, blocks on their means of communicating with the outside world, VPNs, would render these scientists unable to properly do their jobs and thus contribute to the mass exodus of Chinese intellectuals who fuel scientific development and high tech industries in China. Chinars goals versus foreign company goals With the large amounts of emigration of well educated people from China, China must find another method to replace the role of these highly educated individuals. For example, inviting foreign firms to invest and conduct business in Chinars 1 billion person market is a great opportunity for both parties. However, the goals of both are radically different. Most western companies want to see an unregulated operation in their new market. However, China wishes to heavily regulate these companies. In fact, tensions boiled over to the point that Google made history by choosing to close its Internet search service in China (google.cn) in order to avoid censoring search results any longer.(Liu). For over four years, Google and the Chinese government It is evident that China is unwilling to compromise with western companies regarding censorship policies. Although this approach provides for the proliferation of domestic companies, Beijingrs stubborn approach denies multiple useful services that other companies can provide that the people of China are now missing out on. The differing goals of China versus foreign companies thus prevents needed investment from pouring into China, thus negatively impacting the economy. Chinars Invasion of privacy Businesses operating in China must operate under Chinese law and thus face invasions of their privacy, hindering their ability to operate effectively and efficiently. Specifically, businesses in China, whether foreign or domestic, must turn over secret source code, submit to invasive audits and build so-called back doors into hardware and software [to the Chinese government].(Yuen, 56) and companies in China are required to give encryption keys and source code to the government, and install security backdoors that would allow the Chinese government to monitor and keep track of products.(57). These efforts by China are not only an effort for the Chinese government to monitor not only subversive, anti government activity, but also an effort to nurture protection for local Chinese industries. Although these concerns by the Chinese government may be justifiable, this effort actually backfires when a Chinese security team found that 2,016 IP addresses in the U.S. had implanted backdoors i n 1,754 Chinese web- sites, involving 57,000 backdoor attack.(56). The very measures that China is using to closely monitor companies is being exploited by foreign companies through backdoor attacks. This dissuades investors because now those interested in Chinars market will have no guarantee that their capital and assets will be safe from the eyes of vying hackers. Conclusion The abolition of political censorship is imperative to conjure further economic growth and thus stimulate a slowly stagnating Chinese economy. Although the practice of political censorship has some justification in that it keeps both political stability and civil unrest in check, without a prosperous economy China would both be drained of money and resources in order to maintain the complex bureaucracy required for the network of censorship. Therefore, in order to engender and promote further economic growth, the Chinese government should relax its censorship policies by considering tolerating VPNs like the previous administration of Hu Jintao did, ease laws mandating the intrusion of privacy of all businesses operating in China, Although a proposal such as this one may seem far fetched and unrealistic, this is not the first time that China would be at a crossroads regarding the conflict between a free, open society and a closed, censored society. In 1989, the Chinese people proteste d against the Communist government in order to protect core unalienable rights and to reform the countryrs repressive ideology amidst a global thaw in ideological conflicts. Today, the Chinese people need to pick up where the people at Tiananmen Square left off and speak for themselves the changes they want to see in the mindset and outlook of the Chinese government.