The Application of Shari'ah Principles of Adr in Malaysia Construction Industry.

Zuhairah Ariff, A.G. and Abdul Majid Tahir, M. and Farhanin, A.A. and Rozina, M.Z. (2016) The Application of Shari'ah Principles of Adr in Malaysia Construction Industry. In: International Conference on Law and Society V, 18-19 April 2016, UNIVERSITY FATONI.

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Abstract

In Malaysia the implementation of alternative dispute resolution (ADR) in the construction industry mainly concentrates on arbitration. Being one of the standard contractual terms in building contracts, arbitration is one of the measures adopted to resolve disputes between contractual parties. Other methods of ADR includes mediation and adjudication. With the introduction of Construction Industry Payment and Adjudication Act 2012 (CIPAA), adjudication is also emerging as a method to resolve disputes on payment issues in construction contracts. Under the Islamic law, an amicable settlement of disputes, either in personal or commercial matters is encouraged and allowed, except if it shall turn something from prohibited (haram) into permitted (halal) or from permitted (halal) into prohibited.

Item Type: Conference or Workshop Item (Paper)
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management
K Law > K Law (General)
Divisions: Faculty of Law & International Relations
Depositing User: Muhammad Akmal Azhar
Date Deposited: 26 Oct 2020 03:17
Last Modified: 25 Nov 2020 02:53
URI: http://eprints.unisza.edu.my/id/eprint/659

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