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Towards the settlement of civil and criminal disputes through arbitration under Islamic Law

Link to publisher's homepage at http://ijbt.unimap.edu.my

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Main Authors: Hossain, Md. Shahadat, Masum, Md. Shamsuddin, Ara, Most Yasmin
Other Authors: shahadathossainbiu@gmail.com
Format: Article
Language:English
Published: School of Business Innovation and Technopreneurship, Universiti Malaysia Perlis (UniMAP) 2017
Subjects:
Arbitration
Islamic Law
Online Access:http://dspace.unimap.edu.my:80/xmlui/handle/123456789/50021
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spelling my.unimap-500212018-07-24T02:47:10Z Towards the settlement of civil and criminal disputes through arbitration under Islamic Law Hossain, Md. Shahadat Masum, Md. Shamsuddin Ara, Most Yasmin shahadathossainbiu@gmail.com msmasum81@gmail.com Arbitration Islamic Law Link to publisher's homepage at http://ijbt.unimap.edu.my Islam is not just a religion; it is an exhaustive way of life. Din-the Arabic word for religion, encompasses, theology, scripture, politics, morality, law, justice, and all other aspects of life relating to the thoughts or actions of men...it is not that religion dominates the life of a faithful Muslim, but that religion...is his life. The Shari'ah regulates all aspects of life, ethical and social, and to encompass criminal as well as civil jurisdiction. Every act of believers must conform to Islamic law and observe ethical standards derived from Islamic principles. Dispute settlement is one of the fundamental affairs of the Muslim as he was ordained to do so peacefully and this was declared as best way of resolving problems among them. Arbitration and amicable settlement (sulh) have a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Sulh is the preferred result and process in any form of dispute resolution. Further, arbitration is favoured to adjudication in Islamic jurisprudence. In tribal and Islamic cultures, the overarching objectives in conflict settlement are collectively. Sulh or reconciliation is becoming an alternative problem solver in many cases lately. It is a mutual agreement between the conflicting parties so that the dispute is solved amicably. Many people assume that sulh is only applicable in civil cases. Nevertheless, in Islamic law sulh is also applicable in criminal cases particularly in homicide and bodily injury cases. 2017-10-23T04:52:31Z 2017-10-23T04:52:31Z 2017-02 Article International Journal of Business and Technopreneurship, vol.7(1), 2017, pages 93-116 2231-7090 2232-1543 (online) http://dspace.unimap.edu.my:80/xmlui/handle/123456789/50021 http://ijbt.unimap.edu.my en School of Business Innovation and Technopreneurship, Universiti Malaysia Perlis (UniMAP)
institution Universiti Malaysia Perlis
building UniMAP Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Malaysia Perlis
content_source UniMAP Library Digital Repository
url_provider http://dspace.unimap.edu.my/
language English
topic Arbitration
Islamic Law
spellingShingle Arbitration
Islamic Law
Hossain, Md. Shahadat
Masum, Md. Shamsuddin
Ara, Most Yasmin
Towards the settlement of civil and criminal disputes through arbitration under Islamic Law
description Link to publisher's homepage at http://ijbt.unimap.edu.my
author2 shahadathossainbiu@gmail.com
author_facet shahadathossainbiu@gmail.com
Hossain, Md. Shahadat
Masum, Md. Shamsuddin
Ara, Most Yasmin
format Article
author Hossain, Md. Shahadat
Masum, Md. Shamsuddin
Ara, Most Yasmin
author_sort Hossain, Md. Shahadat
title Towards the settlement of civil and criminal disputes through arbitration under Islamic Law
title_short Towards the settlement of civil and criminal disputes through arbitration under Islamic Law
title_full Towards the settlement of civil and criminal disputes through arbitration under Islamic Law
title_fullStr Towards the settlement of civil and criminal disputes through arbitration under Islamic Law
title_full_unstemmed Towards the settlement of civil and criminal disputes through arbitration under Islamic Law
title_sort towards the settlement of civil and criminal disputes through arbitration under islamic law
publisher School of Business Innovation and Technopreneurship, Universiti Malaysia Perlis (UniMAP)
publishDate 2017
url http://dspace.unimap.edu.my:80/xmlui/handle/123456789/50021
_version_ 1643804056593891328
score 13.214268

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