IIUM Repository (IREP)

Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia

Oseni, Umar Aimhanosi (2012) Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia. In: 14th Annual Conference of the Sharī‘ah Legal Officers of Malaysia, 19th - 21st November 2012, One Lelang Hotel, Langkawi, Kedah. (Unpublished)

[img]
Preview
PDF
Download (404kB) | Preview
[img]
Preview
PDF
Download (168kB) | Preview

Abstract

Being one of the most progressive Muslim countries in the 21st century, Malaysia has remained the cynosure of all eyes in the Muslim world. One of the major institutions in governance is the administration of justice system, which generally promotes access to justice as the last hope for the less privileged. To this end, this paper attempts to reconstruct the need to build on existing initiatives in the administration of justice mechanism of the Sharī‘ah judiciary in Malaysia with special reference to disputes involving waqf, hibah and wasiyyah issues. It is therefore argued that rather than waiting for emerging issues such as cases involving waqf survey to emerge before coming with up with sustainable mechanisms, which are fundamentally Sharī'ah-based, it is always more fitting to be proactive in a fast-growing economy such as Malaysia.

Item Type: Conference or Workshop Item (Full Paper)
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP1572 Courts and procedure
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr. Umar Aimhanosi Oseni
Date Deposited: 18 Dec 2012 08:35
Last Modified: 18 Dec 2012 08:35
URI: http://irep.iium.edu.my/id/eprint/27072

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year