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Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes

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 (Unpublished)

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Abstract

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.

Item Type: Conference or Workshop Item (Plenary Papers)
Additional Information: 5137/54026
Uncontrolled Keywords: Construction, Disputes, Arbitration, ADR, Islam, Shariah, Tahkīm
Subjects: H Social Sciences > H Social Sciences (General)
Kulliyyahs/Centres/Divisions/Institutes: Kulliyyah of Architecture and Environmental Design > Department of Quantity Surveying
Depositing User: Dr. Sharina Farihah Hasan
Date Deposited: 25 Jan 2017 11:23
Last Modified: 25 Jan 2017 11:23
URI: http://irep.iium.edu.my/id/eprint/54026

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