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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Main Authors:	Arifin, Muhammad Arifuddin, Abdul Rashid, Khairuddin, Ahmad Sarkawi, Azila, Hasan, Sharina Farihah
Format:	Conference or Workshop Item
Language:	English English
Published:	2015
Subjects:	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
Online Access:	http://irep.iium.edu.my/48717/ http://irep.iium.edu.my/48717/1/edas.paper-1570113281_Revised130415.pdf http://irep.iium.edu.my/48717/4/Ariff_Bizmatour2015_programme.docx.pdf

id	iium-48717
recordtype	eprints
spelling	iium-487172016-02-07T04:34:56Z http://irep.iium.edu.my/48717/ 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. 2015-05-14 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/48717/1/edas.paper-1570113281_Revised130415.pdf application/pdf en http://irep.iium.edu.my/48717/4/Ariff_Bizmatour2015_programme.docx.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. In: International Conference on Business, Management, Tourism and Hospitality 2015 (BIZMATOUR 2015), 12 -14 May 2015, Melaka. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
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
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
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.
format	Conference or Workshop Item
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
title	Proposed framework for Tahkim in the construction industry
title_short	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_sort	proposed framework for tahkim in the construction industry
publishDate	2015
url	http://irep.iium.edu.my/48717/ http://irep.iium.edu.my/48717/1/edas.paper-1570113281_Revised130415.pdf http://irep.iium.edu.my/48717/4/Ariff_Bizmatour2015_programme.docx.pdf
first_indexed	2023-09-18T21:09:03Z
last_indexed	2023-09-18T21:09:03Z
_version_	1777411129287376896

Proposed framework for Tahkim in the construction industry

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