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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 is...

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Main Authors: Arifin, Muhammad Arifuddin, Abdul Rashid, Khairuddin, Ahmad Sarkawi, Azila, Hasan, Sharina Farihah, Mohd Fauzi, Puteri Nur Farah Naadia, Aripin, Srazali
Format: Conference or Workshop Item
Language:English
Published: 2016
Subjects:
H Social Sciences (General)
Online Access:http://irep.iium.edu.my/54026/21/54026-edited.pdf
http://irep.iium.edu.my/54026/
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spelling my.iium.irep.540262017-01-25T03:23:37Z http://irep.iium.edu.my/54026/ Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Mohd Fauzi, Puteri Nur Farah Naadia Aripin, Srazali H Social Sciences (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. 2016 Conference or Workshop Item REM application/pdf en http://irep.iium.edu.my/54026/21/54026-edited.pdf Arifin, Muhammad Arifuddin 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. In: International Conference on Business & Technology Management, 22nd - 23rd April 2016, Hatyai, Thailand. (Unpublished)
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 H Social Sciences (General)
spellingShingle H Social Sciences (General)
Arifin, Muhammad Arifuddin
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 Conference or Workshop Item
author Arifin, Muhammad Arifuddin
Abdul Rashid, Khairuddin
Ahmad Sarkawi, Azila
Hasan, Sharina Farihah
Mohd Fauzi, Puteri Nur Farah Naadia
Aripin, Srazali
author_facet Arifin, Muhammad Arifuddin
Abdul Rashid, Khairuddin
Ahmad Sarkawi, Azila
Hasan, Sharina Farihah
Mohd Fauzi, Puteri Nur Farah Naadia
Aripin, Srazali
author_sort Arifin, Muhammad Arifuddin
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
publishDate 2016
url http://irep.iium.edu.my/54026/21/54026-edited.pdf
http://irep.iium.edu.my/54026/
_version_ 1643614467036020736
score 13.211869

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