nep-isf New Economics Papers
on Islamic Finance
Issue of 2023‒03‒27
two papers chosen by
Ali Polat, Ankara Yıldırım Beyazıt Üniversitesi

  1. Resolving Lawsuits with a Decisive Oath: An Economic Analysis By Metin M. Cosgel; Thomas J. Miceli; Emre Özer
  2. Assessing the Quality of the Single National Curriculum: A Case Study of Islamiat Curriculum By Fida Muhammad Khan; Syed Hassaan Ali

  1. By: Metin M. Cosgel (University of Connecticut); Thomas J. Miceli (University of Connecticut); Emre Özer (University of Connecticut)
    Abstract: The decisive oath is an interesting but little-known element in some legal proceedings, mostly in civil law traditions. It is different from ordinary (testimonial) oaths that are routinely administered to witnesses at trial with the aim of eliciting only truthful testimony, but which are of dubious value in achieving that end. By contrast, a decisive oath can end a lawsuit in cases where the plaintiff has no evidence. We use a simple economic model of litigation to examine the impact of the decisive oath in resolving lawsuits. To test the implications of the model, we focus on the relationship between the stakes of the case and litigation outcomes by using data from the early nineteenth century Ottoman courts. The results show that (1) resolution by trial rather than settlement was more likely as the stakes increased; (2) among cases that did not settle, trial by evidence rather than oath was more likely as the stakes increased; (3) among cases that were not resolved by evidence, plaintiffs were less likely to request an oath as the stakes increased; and (4) among cases where the plaintiff requested an oath, the impact of the stakes on the defendant’s decision to take an oath was ambiguous. Our analysis contributes both to the theoretical literature on the economics of dispute resolution, and to the historical literature on the role of decisive oaths in resolving legal disputes, especially in Islamic societies.
    Keywords: Decisive oath, law, dispute resolution, legal procedure, litigation, settlement, trial, evidence, lying, Ottoman law
    JEL: D91 K10 K20 K40 N45 P48 Z12
    Date: 2023–03
  2. By: Fida Muhammad Khan (Pakistan Institute of Development Economics); Syed Hassaan Ali (Pakistan Institute of Development Economics)
    Abstract: The Federal Government announced its plan to introduce a SNC to bring uniformity to schools in the public and private sectors. According to the government and SNC designers, a single curriculum implemented nationwide was the need of the hour. Currently, Pakistan has different streams of education: the public sector, the private sector and the madrassa system. All of these different systems produce a different end-product. This results in inequality and an uneven playing field. A multiplier effect starts. For example, madrasa students have little or no opportunity to compete with other colleagues with a master’s degree.
    Keywords: Single National Curriculum, Islamiat Curriculum,
    Date: 2022

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