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Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes

Conventionally, arbitration is deemed as the most frequently used alternative dispute resolution (ADR) mechanism for settling construction related disputes. In Islam a similar approach in ADR, is known as Tahkim. While the practice and procedures in arbitration are well established, but not much i...

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Main Authors: Arifin, Muhammad Ariffuddin, Abdul Rashid, Khairuddin, Ahmad Sarkawi, Azila, Hasan, Sharina Farihah, Mohd Fauzi, Puteri Nur Farah Naadia, Aripin, Srazali
Format: Article
Language:English
Published: University of Lagos, Nigeria 2016
Subjects:
T Technology (General)
Online Access:http://irep.iium.edu.my/107996/1/107996_Assessing%20the%20prospect.pdf
http://irep.iium.edu.my/107996/
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spelling my.iium.irep.1079962023-11-09T07:09:01Z http://irep.iium.edu.my/107996/ Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes Arifin, Muhammad Ariffuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Mohd Fauzi, Puteri Nur Farah Naadia Aripin, Srazali T Technology (General) Conventionally, arbitration is deemed as the most frequently used alternative dispute resolution (ADR) mechanism for settling construction related disputes. In Islam a similar approach in ADR, is known as Tahkim. While the practice and procedures in arbitration are well established, but not much is known about Tahkim. In line with the interest of the business community to seek ways to adopt Shariah-compliant practice and procedures it is considered important for the prospect on using Tahkim in settling construction related disputes to be assessed. This paper reports on a study to assess the prospect of using Tahkim as a Shariah compliant ADR for resolving construction disputes. Methodology adopted for the study combines review of literature and interviews with Shariah, legal and construction experts. The outcome of the study suggests that Tahkim has the potential to be used for settling construction related disputes. University of Lagos, Nigeria 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/107996/1/107996_Assessing%20the%20prospect.pdf Arifin, Muhammad Ariffuddin and Abdul Rashid, Khairuddin and Ahmad Sarkawi, Azila and Hasan, Sharina Farihah and Mohd Fauzi, Puteri Nur Farah Naadia and Aripin, Srazali (2016) Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes. Journal of Scientific Research and Development, 3 (4). pp. 91-94. ISSN 1115-7569
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic T Technology (General)
spellingShingle T Technology (General)
Arifin, Muhammad Ariffuddin
Abdul Rashid, Khairuddin
Ahmad Sarkawi, Azila
Hasan, Sharina Farihah
Mohd Fauzi, Puteri Nur Farah Naadia
Aripin, Srazali
Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes
description Conventionally, arbitration is deemed as the most frequently used alternative dispute resolution (ADR) mechanism for settling construction related disputes. In Islam a similar approach in ADR, is known as Tahkim. While the practice and procedures in arbitration are well established, but not much is known about Tahkim. In line with the interest of the business community to seek ways to adopt Shariah-compliant practice and procedures it is considered important for the prospect on using Tahkim in settling construction related disputes to be assessed. This paper reports on a study to assess the prospect of using Tahkim as a Shariah compliant ADR for resolving construction disputes. Methodology adopted for the study combines review of literature and interviews with Shariah, legal and construction experts. The outcome of the study suggests that Tahkim has the potential to be used for settling construction related disputes.
format Article
author Arifin, Muhammad Ariffuddin
Abdul Rashid, Khairuddin
Ahmad Sarkawi, Azila
Hasan, Sharina Farihah
Mohd Fauzi, Puteri Nur Farah Naadia
Aripin, Srazali
author_facet Arifin, Muhammad Ariffuddin
Abdul Rashid, Khairuddin
Ahmad Sarkawi, Azila
Hasan, Sharina Farihah
Mohd Fauzi, Puteri Nur Farah Naadia
Aripin, Srazali
author_sort Arifin, Muhammad Ariffuddin
title Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes
title_short Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes
title_full Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes
title_fullStr Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes
title_full_unstemmed Assessing the prospect of using Tahkim as a Shariah‐compliant ADR for resolving construction disputes
title_sort assessing the prospect of using tahkim as a shariah‐compliant adr for resolving construction disputes
publisher University of Lagos, Nigeria
publishDate 2016
url http://irep.iium.edu.my/107996/1/107996_Assessing%20the%20prospect.pdf
http://irep.iium.edu.my/107996/
_version_ 1783876109090160640
score 13.211869

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