Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia

Being one of the most progressive Muslim countries in the 21st century, Malaysia has remained the cynosure of all eyes in the Muslim world. One of the major institutions in governance is the administration of justice system, which generally promotes access to justice as the last hope for the less pr...

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Main Author: Oseni, Umar Aimhanosi
Format: Proceeding Paper
Language:English
English
Published: 2012
Subjects:
Online Access:http://irep.iium.edu.my/27072/
http://irep.iium.edu.my/27072/4/Shariah_Judges_Paper_-Langkawi_2012.pdf
http://irep.iium.edu.my/27072/3/Shariah_Judges_Paper_-Langkawi_2012.3.pdf
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author Oseni, Umar Aimhanosi
author_facet Oseni, Umar Aimhanosi
author_sort Oseni, Umar Aimhanosi
building IIUM Repository
collection Online Access
description Being one of the most progressive Muslim countries in the 21st century, Malaysia has remained the cynosure of all eyes in the Muslim world. One of the major institutions in governance is the administration of justice system, which generally promotes access to justice as the last hope for the less privileged. To this end, this paper attempts to reconstruct the need to build on existing initiatives in the administration of justice mechanism of the Sharī‘ah judiciary in Malaysia with special reference to disputes involving waqf, hibah and wasiyyah issues. It is therefore argued that rather than waiting for emerging issues such as cases involving waqf survey to emerge before coming with up with sustainable mechanisms, which are fundamentally Sharī'ah-based, it is always more fitting to be proactive in a fast-growing economy such as Malaysia.
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spelling iium-270722012-12-18T00:35:09Z http://irep.iium.edu.my/27072/ Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia Oseni, Umar Aimhanosi KBP1572 Courts and procedure KBP470 Law reform. Criticism. Tanzim Being one of the most progressive Muslim countries in the 21st century, Malaysia has remained the cynosure of all eyes in the Muslim world. One of the major institutions in governance is the administration of justice system, which generally promotes access to justice as the last hope for the less privileged. To this end, this paper attempts to reconstruct the need to build on existing initiatives in the administration of justice mechanism of the Sharī‘ah judiciary in Malaysia with special reference to disputes involving waqf, hibah and wasiyyah issues. It is therefore argued that rather than waiting for emerging issues such as cases involving waqf survey to emerge before coming with up with sustainable mechanisms, which are fundamentally Sharī'ah-based, it is always more fitting to be proactive in a fast-growing economy such as Malaysia. 2012-11-21 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/27072/4/Shariah_Judges_Paper_-Langkawi_2012.pdf application/pdf en http://irep.iium.edu.my/27072/3/Shariah_Judges_Paper_-Langkawi_2012.3.pdf Oseni, Umar Aimhanosi (2012) Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia. In: 14th Annual Conference of the Sharī‘ah Legal Officers of Malaysia, 19th - 21st November 2012, One Lelang Hotel, Langkawi, Kedah. (Unpublished) http://www.jksm.gov.my/jksmv2/
spellingShingle KBP1572 Courts and procedure
KBP470 Law reform. Criticism. Tanzim
Oseni, Umar Aimhanosi
Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia
title Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia
title_full Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia
title_fullStr Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia
title_full_unstemmed Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia
title_short Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia
title_sort sharī‘ah court-annexed adr: the need for effective dispute management in waqf, hibah and wasiyyah cases in malaysia
topic KBP1572 Courts and procedure
KBP470 Law reform. Criticism. Tanzim
url http://irep.iium.edu.my/27072/
http://irep.iium.edu.my/27072/
http://irep.iium.edu.my/27072/4/Shariah_Judges_Paper_-Langkawi_2012.pdf
http://irep.iium.edu.my/27072/3/Shariah_Judges_Paper_-Langkawi_2012.3.pdf