Muhammad Ariffuddin Arifin | UCSI University (original) (raw)
Supervisors: Professor Dr. Sr. Khairuddin bin Abdul Rashid, Assistant Professor Dr Sharina Farihah Hasan, and Associate Professor Dr Azila Sarkawi
Address: Kuliyyah of Architecture and Environmental Design, International Islamic University Malaysia, PO Box 53100, Kuala Lumpur.
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University of the Basque Country, Euskal Herriko Unibertsitatea
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Papers by Muhammad Ariffuddin Arifin
Advanced Science Letters, 2015
Alternative dispute resolution (ADR) has become a major option in resolving disputes in Malaysia.... more Alternative dispute resolution (ADR) has become a major option in resolving disputes in Malaysia. Methods of ADR such as arbitration and mediation are now practised widely in the industry to resolve the construction and engineering disputes. The existences of arbitration and mediation clauses in the major forms of contract such as of PWD and PAM indicate the acceptance of such practises by the industry"s key players. And outside the construction industry, the application of ADR has extended to the employment of Sharī'ah-compliant ADR, or Islamic ADR, in the scope of marital and family disputes, and recently has moving forward to Islamic banking and financing sector. Sharī'ah, in corresponding to the concept of Tawhid (monotheism) in the daily transaction and activities, has a big impact to every Muslim in the context of fulfilling the obligation towards the religion. Despite of this significance, little effort has been made to examine Sharī'ah-compliant ADR to be employed in the construction industry. The aim of this paper is to introduce the concept and mechanisms of Sharī'ah-compliant ADR and to explore their potential to resolve disputes in the construction and engineering industry.
Alternative dispute resolution (ADR) has become a major option in resolving disputes. Methods of ... more Alternative dispute resolution (ADR) has become a major option in resolving disputes. Methods of ADR such as arbitration and mediation are now practised widely in the industry to resolve the constructional disputes. The existences of arbitration and mediation clauses in the major forms of contract such as of PWD and PAM have indicated the acceptance of such practises by the industry’s key players. And outside of the construction industry, the application of ADR has extended to the employment of Sharī’ah-compliant ADR, or Islamic ADR, especially in the Islamic banking and financing sector, as well as marital and family disputes. Despite of this phenomenon, little effort has been made to examine Sharī’ah-compliant ADR, especially Sharī’ah-compliant arbitration or Tahkīm, to be employed in the construction industry. The aim of this paper is to introduce the concept of Sharī’ah-compliant ADR specifically Tahkīm and to explore its potential for the construction industry. In fulfilling the aim, this question has been addressed: “What is Tahkīm according to Sharī’ah, its similarities and differences compared with the conventional method of arbitration, and what are the possibilities presented in employing Tahkīm in the Malaysian construction industry.” The outcome of the study is anticipated to be helpful in understanding the issue of resolving disputes in Sharī’ah-compliant perspective through the appraisal between Sharī’ah and conventional method, and analysing the opportunities of employing Tahkīm in the construction industry, to the extent of proposing appropriate guidelines for its implementation.
Advanced Science Letters, 2015
Alternative dispute resolution (ADR) has become a major option in resolving disputes in Malaysia.... more Alternative dispute resolution (ADR) has become a major option in resolving disputes in Malaysia. Methods of ADR such as arbitration and mediation are now practised widely in the industry to resolve the construction and engineering disputes. The existences of arbitration and mediation clauses in the major forms of contract such as of PWD and PAM indicate the acceptance of such practises by the industry"s key players. And outside the construction industry, the application of ADR has extended to the employment of Sharī'ah-compliant ADR, or Islamic ADR, in the scope of marital and family disputes, and recently has moving forward to Islamic banking and financing sector. Sharī'ah, in corresponding to the concept of Tawhid (monotheism) in the daily transaction and activities, has a big impact to every Muslim in the context of fulfilling the obligation towards the religion. Despite of this significance, little effort has been made to examine Sharī'ah-compliant ADR to be employed in the construction industry. The aim of this paper is to introduce the concept and mechanisms of Sharī'ah-compliant ADR and to explore their potential to resolve disputes in the construction and engineering industry.
Alternative dispute resolution (ADR) has become a major option in resolving disputes. Methods of ... more Alternative dispute resolution (ADR) has become a major option in resolving disputes. Methods of ADR such as arbitration and mediation are now practised widely in the industry to resolve the constructional disputes. The existences of arbitration and mediation clauses in the major forms of contract such as of PWD and PAM have indicated the acceptance of such practises by the industry’s key players. And outside of the construction industry, the application of ADR has extended to the employment of Sharī’ah-compliant ADR, or Islamic ADR, especially in the Islamic banking and financing sector, as well as marital and family disputes. Despite of this phenomenon, little effort has been made to examine Sharī’ah-compliant ADR, especially Sharī’ah-compliant arbitration or Tahkīm, to be employed in the construction industry. The aim of this paper is to introduce the concept of Sharī’ah-compliant ADR specifically Tahkīm and to explore its potential for the construction industry. In fulfilling the aim, this question has been addressed: “What is Tahkīm according to Sharī’ah, its similarities and differences compared with the conventional method of arbitration, and what are the possibilities presented in employing Tahkīm in the Malaysian construction industry.” The outcome of the study is anticipated to be helpful in understanding the issue of resolving disputes in Sharī’ah-compliant perspective through the appraisal between Sharī’ah and conventional method, and analysing the opportunities of employing Tahkīm in the construction industry, to the extent of proposing appropriate guidelines for its implementation.