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

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 intern...

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Main Author:	Abdul Hak, Nora
Format:	Article
Language:	English
Published:	Serials Publications 2006
Subjects:	K Law (General) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia
Online Access:	http://irep.iium.edu.my/6467/ http://irep.iium.edu.my/6467/ http://irep.iium.edu.my/6467/1/Asian_Journal_of_International_Law.pdf

id	iium-6467
recordtype	eprints
spelling	iium-64672011-11-21T18:32:50Z http://irep.iium.edu.my/6467/ Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore Abdul Hak, Nora K Law (General) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia 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. Serials Publications 2006-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6467/1/Asian_Journal_of_International_Law.pdf 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 http://www.serialspublications.com/journals1.asp?jid=397
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) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia
spellingShingle	K Law (General) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia Abdul Hak, Nora Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore
description	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.
format	Article
author	Abdul Hak, Nora
author_facet	Abdul Hak, Nora
author_sort	Abdul Hak, Nora
title	Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore
title_short	Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore
title_full	Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore
title_fullStr	Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore
title_full_unstemmed	Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore
title_sort	hakam/tahkim (arbitration) in resolving family disputes: the practice in the syariah courts of malaysia and singapore
publisher	Serials Publications
publishDate	2006
url	http://irep.iium.edu.my/6467/ http://irep.iium.edu.my/6467/ http://irep.iium.edu.my/6467/1/Asian_Journal_of_International_Law.pdf
first_indexed	2023-09-18T20:15:25Z
last_indexed	2023-09-18T20:15:25Z
_version_	1777407755247681536

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

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