Development of a proposed framework for Tahkim in the Malaysian construction industry

Arifin, Muhammad Arifuddin and Abdul Rashid, Khairuddin and Ahmad Sarkawi, Azila and Hasan, Sharina Farihah (2015) Development of a proposed framework for Tahkim in the Malaysian construction industry. In: 3rd IIUM - Kyoto University Research Colloquium, 2nd - 3rd December 2015, Kuala Lumpur. (Unpublished)

	PDF - Presentation Restricted to Repository staff only Download (1MB) | Request a copy
	PDF - Supplemental Material Restricted to Repository staff only Download (303kB) | Request a copy
	PDF - Published Version Restricted to Repository staff only Download (236kB) | Request a copy

Abstract

This study examines the current practice of arbitration in the construction industry and Tahkīm in Sharī’ah in order to explore the opportunity of employing the latter in the Malaysian construction setting. The scope of the study is to identify the appropriate framework in doing so by describing the key processes and procedures including the criteria of dispute, the matters related to Hakam i.e. the appointment and his characteristics, the setting of Tahkīm session and the award of Tahkīm. The methodology employed comprises of literature review, and two-tiered semi-structured interviews. Experts in the area of construction contract, law, Sharī’ah law, Fiqh and Usul Al-Fiqh are the key references for the study. The findings of this study suggest that there is an opportunity to employ Tahkīm in resolving the construction disputes in Malaysia, and the framework that contains the key processes and procedures aforementioned has been proposed. The outcome of the study is considered significant in terms of the contribution to the concept of alternative dispute resolution (ADR) whereby a new option has been proposed to resolve construction disputes in this country; apart from enhancing the understanding of Islamic law related to commercial disputes that can be applied in terms of construction industry.

Item Type:	Conference or Workshop Item (Slide Presentation)
Additional Information:	5137/49525
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc H Social Sciences > HF Commerce > HF5001 Business. Business Administration K Law > KBP Islamic Law T Technology > TA Engineering (General). Civil engineering (General) T Technology > TH Building construction
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Architecture and Environmental Design > Department of Quantity Surveying
Depositing User:	Professor Khairuddin Abdul Rashid
Date Deposited:	09 Feb 2016 20:39
Last Modified:	24 May 2016 11:42
URI:	http://irep.iium.edu.my/id/eprint/49529

Actions (login required)

View Item