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Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore

Abdul Hak, Nora (2006) Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore. Asian Journal of International Law, 1 (1). pp. 43-71. ISSN 0973-5097

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Abstract

This article focuses on the provisions and the practice of ADR in family disputes by means of hakam. Resolving disputes by hakam is recognised and encouraged in Islam as a means of dispute resolution, not only in family disputes but also in other disputes such as, commercial, construction and international disputes. Provisions for family dispute resolution have been included in the Islamic Family Law Act of Malaysia and the Administration of Muslim Law Act of Singapore. Although, the two Acts are similar in their principles, the practice in Malaysia is beset with problem, while the practice in Singapore seems much more positive. The provisions of the two Acts are discussed and compared, and suggestions and recommendations to further improve the current provisions and practice are made.

Item Type: Article (Journal)
Additional Information: 807/6467
Uncontrolled Keywords: hakam, tahkim, arbitration, family disputes, alternative dispute resolution, Syariah Courts, Malaysia, Singapore
Subjects: K Law > K Law (General)
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Prof. Dr. Nora Abdul Hak
Date Deposited: 09 Nov 2011 11:36
Last Modified: 22 Nov 2011 02:32
URI: http://irep.iium.edu.my/id/eprint/6467

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