Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration

Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration

Strata properties law in Malaysia came into existence in 1985 and was governed by the Strata Titles Act 1985 (“STA”). In furtherance to that, the Building and Common Property (Maintenance and Management) Act 2007 (“BCPA”) was introduced to regulate matters related to strata properties inter alia on...

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Main Authors: Mohamad, Mazliza, Sufian, Azlinor, Mohamad, Nor Asiah
Format: Conference or Workshop Item
Language:English
Published: Conference Master Resources 2013
Subjects:
KPG Malaysia
KZ Law of Nations
Online Access:http://irep.iium.edu.my/66261/
http://irep.iium.edu.my/66261/
http://irep.iium.edu.my/66261/1/66261_Advocating%20Islamic%20Values%20and%20Principles.pdf
id iium-66261
recordtype eprints
spelling iium-662612019-04-03T06:51:28Z http://irep.iium.edu.my/66261/ Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration Mohamad, Mazliza Sufian, Azlinor Mohamad, Nor Asiah KPG Malaysia KZ Law of Nations Strata properties law in Malaysia came into existence in 1985 and was governed by the Strata Titles Act 1985 (“STA”). In furtherance to that, the Building and Common Property (Maintenance and Management) Act 2007 (“BCPA”) was introduced to regulate matters related to strata properties inter alia on the management and maintenance of common properties. Nevertheless, the Acts failed to a certain extent, in particular to address disputes arising from strata management and maintenance. The objective of this paper is to look into issues of management of strata properties and the available modes of resolving disputes from the Islamic perspective. This paper will illustrate some of the Islamic management practices and habits that can be adapted in the current management of strata properties to stimulate the maximum outcome of the management. It discusses the concept of joint ownership from the Islamic perspective and explains the roles of the parcel owners in strata building. The issues around the owners’ duties in respect of maintenance of property, the Islamic management practices and habits which can be employed by the management body in the strata building development will be discussed. It will also look into the method of settling disputes between the management body and the parcel owners from the perspective of the existing laws in Malaysia and Shari’ah. This paper focuses on the concept of Al-Takm (arbitration) and Al-Ift (advisory opinion) since there are some similarities to the functions of the Commissioner of Building (“COB”) under BCPA and Strata Titles Board (“STB”) under STA. The research method used in writing up this paper is the qualitative research in which it will be based on several revealed sources of Islam including, Al-Quran, Hadith and the writings of the traditional jurists as well as contemporary writers in Islamic jurisprudence. Some relevant statutes, rules, regulations, books, journals, articles, thesis, monographs, research grants reports, seminar papers, electronic materials and various newspaper reports will also be referred. Conference Master Resources 2013-03-04 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/66261/1/66261_Advocating%20Islamic%20Values%20and%20Principles.pdf Mohamad, Mazliza and Sufian, Azlinor and Mohamad, Nor Asiah (2013) Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration. In: 4th International Conference on Business and Economic Research (4th ICBER 2013), 4th-5th March 2013, Bnadung, Indonesia. http://www.internationalconference.com.my
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KPG Malaysia
KZ Law of Nations
spellingShingle KPG Malaysia
KZ Law of Nations
Mohamad, Mazliza
Sufian, Azlinor
Mohamad, Nor Asiah
Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration
description Strata properties law in Malaysia came into existence in 1985 and was governed by the Strata Titles Act 1985 (“STA”). In furtherance to that, the Building and Common Property (Maintenance and Management) Act 2007 (“BCPA”) was introduced to regulate matters related to strata properties inter alia on the management and maintenance of common properties. Nevertheless, the Acts failed to a certain extent, in particular to address disputes arising from strata management and maintenance. The objective of this paper is to look into issues of management of strata properties and the available modes of resolving disputes from the Islamic perspective. This paper will illustrate some of the Islamic management practices and habits that can be adapted in the current management of strata properties to stimulate the maximum outcome of the management. It discusses the concept of joint ownership from the Islamic perspective and explains the roles of the parcel owners in strata building. The issues around the owners’ duties in respect of maintenance of property, the Islamic management practices and habits which can be employed by the management body in the strata building development will be discussed. It will also look into the method of settling disputes between the management body and the parcel owners from the perspective of the existing laws in Malaysia and Shari’ah. This paper focuses on the concept of Al-Takm (arbitration) and Al-Ift (advisory opinion) since there are some similarities to the functions of the Commissioner of Building (“COB”) under BCPA and Strata Titles Board (“STB”) under STA. The research method used in writing up this paper is the qualitative research in which it will be based on several revealed sources of Islam including, Al-Quran, Hadith and the writings of the traditional jurists as well as contemporary writers in Islamic jurisprudence. Some relevant statutes, rules, regulations, books, journals, articles, thesis, monographs, research grants reports, seminar papers, electronic materials and various newspaper reports will also be referred.
format Conference or Workshop Item
author Mohamad, Mazliza
Sufian, Azlinor
Mohamad, Nor Asiah
author_facet Mohamad, Mazliza
Sufian, Azlinor
Mohamad, Nor Asiah
author_sort Mohamad, Mazliza
title Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration
title_short Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration
title_full Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration
title_fullStr Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration
title_full_unstemmed Advocating Islamic values and principles in the management of strata schmes in Malaysia: some notes for consideration
title_sort advocating islamic values and principles in the management of strata schmes in malaysia: some notes for consideration
publisher Conference Master Resources
publishDate 2013
url http://irep.iium.edu.my/66261/
http://irep.iium.edu.my/66261/
http://irep.iium.edu.my/66261/1/66261_Advocating%20Islamic%20Values%20and%20Principles.pdf
first_indexed 2023-09-18T21:34:03Z
last_indexed 2023-09-18T21:34:03Z
_version_ 1777412701823172608

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