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...
Saved in:
Main Authors: | , , , , , |
---|---|
Format: | Article |
Language: | English |
Published: |
University of Lagos, Nigeria
2016
|
Subjects: | |
Online Access: | http://irep.iium.edu.my/107996/1/107996_Assessing%20the%20prospect.pdf http://irep.iium.edu.my/107996/ |
Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
id |
my.iium.irep.107996 |
---|---|
record_format |
dspace |
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 |
13.18916 |