Establishment of Shariah principles on interest for late interim payment for construction works

Under the Malaysian law, the failure of an employer on making timely interim payments towards its contractor as agreed in the construction works contracts give rise to the rights of the contractor to claim for interest. The aim of this study is to establish Shariah principles based on the current pr...

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Main Authors: Mohamad Hamdan, Noor Aishah, Ahmad Sarkawi, Azila, Abdullah Habib, Siti Nora Haryati
Format: Proceeding Paper
Language:English
Published: KPIJ Press 2019
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Online Access:http://irep.iium.edu.my/108027/1/108027_Establishment%20of%20Shariah%20principles.pdf
http://irep.iium.edu.my/108027/
https://www.speki2019.marsah.edu.my/images/speki19isbn.pdf
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spelling my.iium.irep.1080272023-11-10T02:01:04Z http://irep.iium.edu.my/108027/ Establishment of Shariah principles on interest for late interim payment for construction works Mohamad Hamdan, Noor Aishah Ahmad Sarkawi, Azila Abdullah Habib, Siti Nora Haryati KBP Islamic Law T Technology (General) T173.5 Technology and Islam Under the Malaysian law, the failure of an employer on making timely interim payments towards its contractor as agreed in the construction works contracts give rise to the rights of the contractor to claim for interest. The aim of this study is to establish Shariah principles based on the current practise of awarding interest to the contractors due to the said default. To achieve this, a qualitative study was conducted through thematic analysis of selected construction cases awarded in the Malaysian courts. From the analysis, Shariah principles are established by referring to the Al-Quran and As-Sunnah as well as Islamic legal maxims. It is recommended that the Shariah principles established from this study to be integrated in the provision of late interim payment charges during the formation of construction works contract to be in harmony with the Islamic teachings. KPIJ Press 2019 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/108027/1/108027_Establishment%20of%20Shariah%20principles.pdf Mohamad Hamdan, Noor Aishah and Ahmad Sarkawi, Azila and Abdullah Habib, Siti Nora Haryati (2019) Establishment of Shariah principles on interest for late interim payment for construction works. In: International Conference on Islamic Law, Economy & Finance (SPEKI 2019), 11th - 12th November 2019, Lotus Desaru Beach Resort & Spa, Johor, Malaysia. https://www.speki2019.marsah.edu.my/images/speki19isbn.pdf
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 KBP Islamic Law
T Technology (General)
T173.5 Technology and Islam
spellingShingle KBP Islamic Law
T Technology (General)
T173.5 Technology and Islam
Mohamad Hamdan, Noor Aishah
Ahmad Sarkawi, Azila
Abdullah Habib, Siti Nora Haryati
Establishment of Shariah principles on interest for late interim payment for construction works
description Under the Malaysian law, the failure of an employer on making timely interim payments towards its contractor as agreed in the construction works contracts give rise to the rights of the contractor to claim for interest. The aim of this study is to establish Shariah principles based on the current practise of awarding interest to the contractors due to the said default. To achieve this, a qualitative study was conducted through thematic analysis of selected construction cases awarded in the Malaysian courts. From the analysis, Shariah principles are established by referring to the Al-Quran and As-Sunnah as well as Islamic legal maxims. It is recommended that the Shariah principles established from this study to be integrated in the provision of late interim payment charges during the formation of construction works contract to be in harmony with the Islamic teachings.
format Proceeding Paper
author Mohamad Hamdan, Noor Aishah
Ahmad Sarkawi, Azila
Abdullah Habib, Siti Nora Haryati
author_facet Mohamad Hamdan, Noor Aishah
Ahmad Sarkawi, Azila
Abdullah Habib, Siti Nora Haryati
author_sort Mohamad Hamdan, Noor Aishah
title Establishment of Shariah principles on interest for late interim payment for construction works
title_short Establishment of Shariah principles on interest for late interim payment for construction works
title_full Establishment of Shariah principles on interest for late interim payment for construction works
title_fullStr Establishment of Shariah principles on interest for late interim payment for construction works
title_full_unstemmed Establishment of Shariah principles on interest for late interim payment for construction works
title_sort establishment of shariah principles on interest for late interim payment for construction works
publisher KPIJ Press
publishDate 2019
url http://irep.iium.edu.my/108027/1/108027_Establishment%20of%20Shariah%20principles.pdf
http://irep.iium.edu.my/108027/
https://www.speki2019.marsah.edu.my/images/speki19isbn.pdf
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score 13.211869