Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes
Conventionally, arbitration is deemed as the most frequently used alternative dispute resolution (ADR) mechanism for settling construction related disputes. In Islam a similar approach in ADR, is known as Tahkim. While the practice and procedures in arbitration are well established, but not much is...
| Main Authors: | , , , , , |
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
2016
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/54026/ http://irep.iium.edu.my/54026/21/54026-edited.pdf |
| _version_ | 1848784335593799680 |
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| author | Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Mohd Fauzi, Puteri Nur Farah Naadia Aripin, Srazali |
| author_facet | Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Mohd Fauzi, Puteri Nur Farah Naadia Aripin, Srazali |
| author_sort | Arifin, Muhammad Arifuddin |
| building | IIUM Repository |
| collection | Online Access |
| description | Conventionally, arbitration is deemed as the most frequently used alternative dispute resolution (ADR) mechanism for settling construction related disputes. In Islam a similar approach in ADR, is known as Tahkim. While the practice and procedures in arbitration are well established, but not much is known about Tahkim. In line with the interest of the business community to seek ways to adopt Shariah-compliant practice and procedures it is considered important for the prospect on using Tahkim in settling construction related disputes to be assessed. This paper reports on a study to assess the prospect of using Tahkim as a Shariah compliant ADR for resolving construction disputes. Methodology adopted for the study combines review of literature and interviews with Shariah, legal and construction experts. The outcome of the study suggests that Tahkim has the potential to be used for settling construction related disputes. |
| first_indexed | 2025-11-14T16:35:37Z |
| format | Proceeding Paper |
| id | iium-54026 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:35:37Z |
| publishDate | 2016 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-540262017-01-25T03:23:37Z http://irep.iium.edu.my/54026/ Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Mohd Fauzi, Puteri Nur Farah Naadia Aripin, Srazali H Social Sciences (General) Conventionally, arbitration is deemed as the most frequently used alternative dispute resolution (ADR) mechanism for settling construction related disputes. In Islam a similar approach in ADR, is known as Tahkim. While the practice and procedures in arbitration are well established, but not much is known about Tahkim. In line with the interest of the business community to seek ways to adopt Shariah-compliant practice and procedures it is considered important for the prospect on using Tahkim in settling construction related disputes to be assessed. This paper reports on a study to assess the prospect of using Tahkim as a Shariah compliant ADR for resolving construction disputes. Methodology adopted for the study combines review of literature and interviews with Shariah, legal and construction experts. The outcome of the study suggests that Tahkim has the potential to be used for settling construction related disputes. 2016 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/54026/21/54026-edited.pdf Arifin, Muhammad Arifuddin and Abdul Rashid, Khairuddin and Ahmad Sarkawi, Azila and Hasan, Sharina Farihah and Mohd Fauzi, Puteri Nur Farah Naadia and Aripin, Srazali (2016) Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes. In: International Conference on Business & Technology Management, 22nd - 23rd April 2016, Hatyai, Thailand. (Unpublished) |
| spellingShingle | H Social Sciences (General) Arifin, Muhammad Arifuddin Abdul Rashid, Khairuddin Ahmad Sarkawi, Azila Hasan, Sharina Farihah Mohd Fauzi, Puteri Nur Farah Naadia Aripin, Srazali Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes |
| title | Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes |
| title_full | Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes |
| title_fullStr | Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes |
| title_full_unstemmed | Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes |
| title_short | Assessing the prospect of using Tahkim as a Shariah-compliant ADR for resolving construction disputes |
| title_sort | assessing the prospect of using tahkim as a shariah-compliant adr for resolving construction disputes |
| topic | H Social Sciences (General) |
| url | http://irep.iium.edu.my/54026/ http://irep.iium.edu.my/54026/21/54026-edited.pdf |