Proposed framework for Tahkim in the construction industry
Conventionally, arbitration is deemed the most frequently used alternative dispute resolution (ADR mechanism for settling construction related disputes. In Islam a similar approach in ADR, and is Shari’ah-compliant, is known as Tahkīm. While the practice and procedures in arbitration are well establ...
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| Format: | Article |
| Language: | English English English |
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American Scientific Publishers
2015
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| Online Access: | http://irep.iium.edu.my/49519/ http://irep.iium.edu.my/49519/1/edas.paper-1570113281_Revised130415.pdf http://irep.iium.edu.my/49519/4/Tahkim_ASL_Scopus.pdf http://irep.iium.edu.my/49519/5/Tahkim_ASLJournal.pdf |
| _version_ | 1848783470506016768 |
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| author | Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah |
| author_facet | Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah |
| author_sort | Arifin, Muhammad Arifuddin |
| building | IIUM Repository |
| collection | Online Access |
| description | Conventionally, arbitration is deemed the most frequently used alternative dispute resolution (ADR mechanism for settling construction related disputes. In Islam a similar approach in ADR, and is Shari’ah-compliant, is known as Tahkīm. While the practice and procedures in arbitration are well established but not much is known about Tahkīm. In line with the interest of the business community to seek ways to adopt Shari’ah-compliant practice and procedures it is considered important and urgent for the use of Tahkīm in settling construction related disputes to be promoted. This paper reports on a study to develop a proposed framework for Tahkīm. Methodology adopted for the study combines review of literature and interviews with Shari’ah, legal and construction experts. It concludes with a recommendation for the framework to be considered for use in settling construction related disputes.
Keywords: Construction, Disputes, Arbitration, ADR, Islam, Sharī’ah, Tahkīm.
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| first_indexed | 2025-11-14T16:21:52Z |
| format | Article |
| id | iium-49519 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English English |
| last_indexed | 2025-11-14T16:21:52Z |
| publishDate | 2015 |
| publisher | American Scientific Publishers |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-495192016-07-15T07:04:57Z http://irep.iium.edu.my/49519/ Proposed framework for Tahkim in the construction industry Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah BP173.75 Islam and economics H61 Theory. Method H96 Public policy (General), Policy sciences KBP1 Islamic law.Shariah.Fiqh T10.5 Communication of technical information TA190 Management of engineering works TH Building construction Conventionally, arbitration is deemed the most frequently used alternative dispute resolution (ADR mechanism for settling construction related disputes. In Islam a similar approach in ADR, and is Shari’ah-compliant, is known as Tahkīm. While the practice and procedures in arbitration are well established but not much is known about Tahkīm. In line with the interest of the business community to seek ways to adopt Shari’ah-compliant practice and procedures it is considered important and urgent for the use of Tahkīm in settling construction related disputes to be promoted. This paper reports on a study to develop a proposed framework for Tahkīm. Methodology adopted for the study combines review of literature and interviews with Shari’ah, legal and construction experts. It concludes with a recommendation for the framework to be considered for use in settling construction related disputes. Keywords: Construction, Disputes, Arbitration, ADR, Islam, Sharī’ah, Tahkīm. American Scientific Publishers 2015-06-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/49519/1/edas.paper-1570113281_Revised130415.pdf application/pdf en http://irep.iium.edu.my/49519/4/Tahkim_ASL_Scopus.pdf application/pdf en http://irep.iium.edu.my/49519/5/Tahkim_ASLJournal.pdf Arifin, Muhammad Arifuddin and Abdul Rashid, Khairuddin and Ahmad Sarkawi, Azila and Hasan, Sharina Farihah (2015) Proposed framework for Tahkim in the construction industry. Advanced Science Letters, 21 (6). pp. 1999-2002. ISSN 1936-6612 E-ISSN 1936-7317 http://www.aspbs.com/science.htm DOI: http://dx.doi.org/10.1166/asl.2015.6184 |
| spellingShingle | BP173.75 Islam and economics H61 Theory. Method H96 Public policy (General), Policy sciences KBP1 Islamic law.Shariah.Fiqh T10.5 Communication of technical information TA190 Management of engineering works TH Building construction Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Proposed framework for Tahkim in the construction industry |
| title | Proposed framework for Tahkim in the construction industry |
| title_full | Proposed framework for Tahkim in the construction industry |
| title_fullStr | Proposed framework for Tahkim in the construction industry |
| title_full_unstemmed | Proposed framework for Tahkim in the construction industry |
| title_short | Proposed framework for Tahkim in the construction industry |
| title_sort | proposed framework for tahkim in the construction industry |
| topic | BP173.75 Islam and economics H61 Theory. Method H96 Public policy (General), Policy sciences KBP1 Islamic law.Shariah.Fiqh T10.5 Communication of technical information TA190 Management of engineering works TH Building construction |
| url | http://irep.iium.edu.my/49519/ http://irep.iium.edu.my/49519/ http://irep.iium.edu.my/49519/ http://irep.iium.edu.my/49519/1/edas.paper-1570113281_Revised130415.pdf http://irep.iium.edu.my/49519/4/Tahkim_ASL_Scopus.pdf http://irep.iium.edu.my/49519/5/Tahkim_ASLJournal.pdf |