Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study

The emergence and spread of Islamic banks in most parts of the world and its international and daily dealings with the international financial institutions created disputes and conflicts between Islamic banks that are governed by the Shari’ah in all their dealings, and between traditional institutio...

Full description

Bibliographic Details
Main Authors:	Husni, Ahmad Muhammad, Husni, Amin Muhammad
Format:	Article
Language:	English
Published:	IOSR Journal Of Humanities And Social Science (IOSR-JHSS) 2019
Subjects:	KBP173.25 Islamic law and other disciplines or subjects
Online Access:	http://irep.iium.edu.my/76890/ http://irep.iium.edu.my/76890/1/3-%20%20Alternatives%20to%20Settlement%20of%20Conflicts%20in%20Islamic%20Banking%20An%20Analytical%20Study.pdf

id	iium-76890
recordtype	eprints
spelling	iium-768902019-12-06T08:40:57Z http://irep.iium.edu.my/76890/ Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study Husni, Ahmad Muhammad Husni, Amin Muhammad KBP173.25 Islamic law and other disciplines or subjects The emergence and spread of Islamic banks in most parts of the world and its international and daily dealings with the international financial institutions created disputes and conflicts between Islamic banks that are governed by the Shari’ah in all their dealings, and between traditional institutions that are governed by the regulations and laws that are contrary to Islamic law. Thus, there is a need for a way of settling these disputes, such as litigation, suit, and the consequence of that requires the presence of the litigant parties, and advocacy at the judiciary, and the requirement of evidence and witness and litigation cost etc. The question is what is the possibility of implementing the judicial ruling and compelling the party at fault of implementing the ruling? The aim of this study is to explain the Shari’ah ruling in issues relating to financial conflicts and how to resolve the dispute between them and strengthen the role of Islamic jurisprudence in the lives of contemporary people and its ability to deal with emerging issues and to create Shari’ahcriterion or alternative ways of settlement of disputes between them. The study adopted the descriptive and analytical method by referring to ancient and modern sources to find out Shari’ah matters relating to the study, and to express the views of ancient and contemporary scholars with authorities and their strength and to select the best view in the conflicting issues. The study found some results, among which are: There must be differentiation between International law and international arbitrators who rely on the rule that are based on justice and equality between the States and the laws that are based on the beliefs and rules contrary to Islamic law. IOSR Journal Of Humanities And Social Science (IOSR-JHSS) 2019-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/76890/1/3-%20%20Alternatives%20to%20Settlement%20of%20Conflicts%20in%20Islamic%20Banking%20An%20Analytical%20Study.pdf Husni, Ahmad Muhammad and Husni, Amin Muhammad (2019) Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study. IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 24. pp. 22-29. ISSN 2279-0837 E-ISSN 2279-0845
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP173.25 Islamic law and other disciplines or subjects
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects Husni, Ahmad Muhammad Husni, Amin Muhammad Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study
description	The emergence and spread of Islamic banks in most parts of the world and its international and daily dealings with the international financial institutions created disputes and conflicts between Islamic banks that are governed by the Shari’ah in all their dealings, and between traditional institutions that are governed by the regulations and laws that are contrary to Islamic law. Thus, there is a need for a way of settling these disputes, such as litigation, suit, and the consequence of that requires the presence of the litigant parties, and advocacy at the judiciary, and the requirement of evidence and witness and litigation cost etc. The question is what is the possibility of implementing the judicial ruling and compelling the party at fault of implementing the ruling? The aim of this study is to explain the Shari’ah ruling in issues relating to financial conflicts and how to resolve the dispute between them and strengthen the role of Islamic jurisprudence in the lives of contemporary people and its ability to deal with emerging issues and to create Shari’ahcriterion or alternative ways of settlement of disputes between them. The study adopted the descriptive and analytical method by referring to ancient and modern sources to find out Shari’ah matters relating to the study, and to express the views of ancient and contemporary scholars with authorities and their strength and to select the best view in the conflicting issues. The study found some results, among which are: There must be differentiation between International law and international arbitrators who rely on the rule that are based on justice and equality between the States and the laws that are based on the beliefs and rules contrary to Islamic law.
format	Article
author	Husni, Ahmad Muhammad Husni, Amin Muhammad
author_facet	Husni, Ahmad Muhammad Husni, Amin Muhammad
author_sort	Husni, Ahmad Muhammad
title	Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study
title_short	Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study
title_full	Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study
title_fullStr	Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study
title_full_unstemmed	Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study
title_sort	alternatives to settlement of conflicts in islamic banking an analytical study
publisher	IOSR Journal Of Humanities And Social Science (IOSR-JHSS)
publishDate	2019
url	http://irep.iium.edu.my/76890/ http://irep.iium.edu.my/76890/1/3-%20%20Alternatives%20to%20Settlement%20of%20Conflicts%20in%20Islamic%20Banking%20An%20Analytical%20Study.pdf
first_indexed	2023-09-18T21:48:35Z
last_indexed	2023-09-18T21:48:35Z
_version_	1777413616306225152

Alternatives to Settlement of Conflicts in Islamic Banking An Analytical Study

Similar Items