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Proposed framework for Tahkim in the construction industry

Arifin, Muhammad Arifuddin and Abdul Rashid, Khairuddin and Ahmad Sarkawi, Azila and Hasan, Sharina Farihah (2015) Proposed framework for Tahkim in the construction industry. In: International Conference on Business, Management, Tourism and Hospitality 2015 (BIZMATOUR 2015), 12 -14 May 2015, Melaka. (Unpublished)

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Abstract

Conventionally, arbitration is deemed the most frequently used alternative dispute resolution (ADR mechanism for settling construction related disputes. In Islam a similar approach in ADR, and is Shari’ah-compliant, is known as Tahkīm. While the practice and procedures in arbitration are well established but not much is known about Tahkīm. In line with the interest of the business community to seek ways to adopt Shari’ah-compliant practice and procedures it is considered important and urgent for the use of Tahkīm in settling construction related disputes to be promoted. This paper reports on a study to develop a proposed framework for Tahkīm. Methodology adopted for the study combines review of literature and interviews with Shari’ah, legal and construction experts. It concludes with a recommendation for the framework to be considered for use in settling construction related disputes. Keywords: Construction, Disputes, Arbitration, ADR, Islam, Sharī’ah, Tahkīm.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 5137/48717
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP173.75 Islam and economics
H Social Sciences > H Social Sciences (General) > H61 Theory. Method
H Social Sciences > H Social Sciences (General) > H96 Public policy (General), Policy sciences
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
T Technology > T Technology (General) > T10.5 Communication of technical information
T Technology > TA Engineering (General). Civil engineering (General) > TA190 Management of engineering works
T Technology > TH Building construction
Kulliyyahs/Centres/Divisions/Institutes: Kulliyyah of Architecture and Environmental Design > Department of Quantity Surveying
Depositing User: Professor Khairuddin Abdul Rashid
Date Deposited: 27 Jan 2016 15:46
Last Modified: 07 Feb 2016 12:34
URI: http://irep.iium.edu.my/id/eprint/48717

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