Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study

The growth of alternative dispute resolution (ADR) is an inevitable phenomenon due to inherent drawback of the conventional litigation. One of the most acceptable forms of ADR is ombudsman which is known as Muhtasibfrom Islamic perspective. In Malaysia, the first ombudsman institution has been es...

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Main Authors:	Ilias, Ibtisam @ Ilyana, Hassan, Rusni, Ibrahim, Uzaimah
Format:	Conference or Workshop Item
Language:	English
Published:	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/58747/ http://irep.iium.edu.my/58747/ http://irep.iium.edu.my/58747/2/58747.pdf

id	iium-58747
recordtype	eprints
spelling	iium-587472017-10-12T02:15:32Z http://irep.iium.edu.my/58747/ Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study Ilias, Ibtisam @ Ilyana Hassan, Rusni Ibrahim, Uzaimah K Law (General) The growth of alternative dispute resolution (ADR) is an inevitable phenomenon due to inherent drawback of the conventional litigation. One of the most acceptable forms of ADR is ombudsman which is known as Muhtasibfrom Islamic perspective. In Malaysia, the first ombudsman institution has been established in financial industry operated by the Ombudsman for Financial Services (OFS). It is one of the moves initiated by Bank Negara Malaysia (BNM) with a view of providing simple, inexpensive and effective redress mechanism to financial consumers. Applying doctrinal research methodology, this paper examines the background of Muhtasib and ombudsman as well as their functions and characteristics. Similar observation is made vis-à-vis the OFS. These three aspects are subsequently compared to investigate the similarities and differences between the Muhtasib, ombudsman and the OFS. The study concludes that both the Muhtasib and ombudsman have undergone evolution from their original structure. Despite derived from different origin and with a different terminology used, it is resolved that in the contemporary milieu of alternative dispute resolution, the function of Muhtasib and ombudsman is ultimately to settle the dispute amicably, impartially, effectively and independently. The key principles of ombudsman are also in line with Shariah principles and have been incorporated in the establishment of the OFS. Recommendation is made concerning the imposition of specific requirements on the ombudsmen of the OFS. This study provides a significant insight on the traditional and modern aspect of Muhtasib and ombudsman as well as the newly set up Malaysian OFS. Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/58747/2/58747.pdf Ilias, Ibtisam @ Ilyana and Hassan, Rusni and Ibrahim, Uzaimah (2017) Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9th-10th August 2017, Kuala Lumpur. https://icdr2017.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ilias, Ibtisam @ Ilyana Hassan, Rusni Ibrahim, Uzaimah Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study
description	The growth of alternative dispute resolution (ADR) is an inevitable phenomenon due to inherent drawback of the conventional litigation. One of the most acceptable forms of ADR is ombudsman which is known as Muhtasibfrom Islamic perspective. In Malaysia, the first ombudsman institution has been established in financial industry operated by the Ombudsman for Financial Services (OFS). It is one of the moves initiated by Bank Negara Malaysia (BNM) with a view of providing simple, inexpensive and effective redress mechanism to financial consumers. Applying doctrinal research methodology, this paper examines the background of Muhtasib and ombudsman as well as their functions and characteristics. Similar observation is made vis-à-vis the OFS. These three aspects are subsequently compared to investigate the similarities and differences between the Muhtasib, ombudsman and the OFS. The study concludes that both the Muhtasib and ombudsman have undergone evolution from their original structure. Despite derived from different origin and with a different terminology used, it is resolved that in the contemporary milieu of alternative dispute resolution, the function of Muhtasib and ombudsman is ultimately to settle the dispute amicably, impartially, effectively and independently. The key principles of ombudsman are also in line with Shariah principles and have been incorporated in the establishment of the OFS. Recommendation is made concerning the imposition of specific requirements on the ombudsmen of the OFS. This study provides a significant insight on the traditional and modern aspect of Muhtasib and ombudsman as well as the newly set up Malaysian OFS.
format	Conference or Workshop Item
author	Ilias, Ibtisam @ Ilyana Hassan, Rusni Ibrahim, Uzaimah
author_facet	Ilias, Ibtisam @ Ilyana Hassan, Rusni Ibrahim, Uzaimah
author_sort	Ilias, Ibtisam @ Ilyana
title	Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study
title_short	Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study
title_full	Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study
title_fullStr	Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study
title_full_unstemmed	Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study
title_sort	muhtasib, ombudsman and malaysian financial ombudsman scheme: a comparative study
publisher	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
publishDate	2017
url	http://irep.iium.edu.my/58747/ http://irep.iium.edu.my/58747/ http://irep.iium.edu.my/58747/2/58747.pdf
first_indexed	2023-09-18T21:23:07Z
last_indexed	2023-09-18T21:23:07Z
_version_	1777412013695172608

Muhtasib, Ombudsman and Malaysian financial Ombudsman scheme: A comparative study

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