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

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...

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Main Authors:	Arifin, Muhammad Arifuddin, Abdul Rashid, Khairuddin, Ahmad Sarkawi, Azila, Hasan, Sharina Farihah
Format:	Conference or Workshop Item
Language:	English English English
Published:	2015
Subjects:	BP Islam. Bahaism. Theosophy, etc HF5001 Business. Business Administration KBP Islamic Law TA Engineering (General). Civil engineering (General) TH Building construction
Online Access:	http://irep.iium.edu.my/49529/ http://irep.iium.edu.my/49529/2/Ariff_Presentation_Slides_Kyoto-IIUM_2015.pdf http://irep.iium.edu.my/49529/3/Programme_IIUM_Kyoto_Colloquium2015.pdf http://irep.iium.edu.my/49529/4/ABSTRACT_ARIFF_SESSION10_R1.pdf

id	iium-49529
recordtype	eprints
spelling	iium-495292016-05-24T03:42:50Z http://irep.iium.edu.my/49529/ Development of a proposed framework for Tahkim in the Malaysian construction industry Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah BP Islam. Bahaism. Theosophy, etc HF5001 Business. Business Administration KBP Islamic Law TA Engineering (General). Civil engineering (General) TH Building construction 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. 2015-12 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/49529/2/Ariff_Presentation_Slides_Kyoto-IIUM_2015.pdf application/pdf en http://irep.iium.edu.my/49529/3/Programme_IIUM_Kyoto_Colloquium2015.pdf application/pdf en http://irep.iium.edu.my/49529/4/ABSTRACT_ARIFF_SESSION10_R1.pdf 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)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	BP Islam. Bahaism. Theosophy, etc HF5001 Business. Business Administration KBP Islamic Law TA Engineering (General). Civil engineering (General) TH Building construction
spellingShingle	BP Islam. Bahaism. Theosophy, etc HF5001 Business. Business Administration KBP Islamic Law TA Engineering (General). Civil engineering (General) TH Building construction Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Development of a proposed framework for Tahkim in the Malaysian construction industry
description	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.
format	Conference or Workshop Item
author	Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah
author_facet	Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah
author_sort	Arifin, Muhammad Arifuddin
title	Development of a proposed framework for Tahkim in the Malaysian construction industry
title_short	Development of a proposed framework for Tahkim in the Malaysian construction industry
title_full	Development of a proposed framework for Tahkim in the Malaysian construction industry
title_fullStr	Development of a proposed framework for Tahkim in the Malaysian construction industry
title_full_unstemmed	Development of a proposed framework for Tahkim in the Malaysian construction industry
title_sort	development of a proposed framework for tahkim in the malaysian construction industry
publishDate	2015
url	http://irep.iium.edu.my/49529/ http://irep.iium.edu.my/49529/2/Ariff_Presentation_Slides_Kyoto-IIUM_2015.pdf http://irep.iium.edu.my/49529/3/Programme_IIUM_Kyoto_Colloquium2015.pdf http://irep.iium.edu.my/49529/4/ABSTRACT_ARIFF_SESSION10_R1.pdf
first_indexed	2023-09-18T21:10:00Z
last_indexed	2023-09-18T21:10:00Z
_version_	1777411189269069824

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

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