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학술논문아주법학2019.11 발행

EMBRACE THE ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC FINANCE

EMBRACE THE ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC FINANCE

Nur Khalidah Dahlan(The National University of Malaysia)

13권 3호, 20~32쪽

초록

Alternative dispute resolution (ADR) is always seen as substitute way for the disputants and the court to look for dispute resolvers. ADR too has always been keen to solve any civil matters in a harmonious way. Due to its process which has many merits. First is of being cost effective. Then, the ability to resolve a dispute using a document only procedure and face to face discussion between the parties involved has been found to be both convenient and applicable. Moreover, with the increase cases involving Islamic finance disputes in Malaysia and the world in recent years, parties in dispute have become increasingly aware that disputes may be resolved quickly and without the quality of the decision impaired when applying the ADR mechanism. This paper discusses issues related the evolution of ADR and Islamic finance in Malaysia. In addition to that, researchers will also be conveyed to discover Islamic ADR as one vital role to resolve the dispute. Therefore, new recommendation should be imposed to solve legal conflicts related to Islamic finance in Malaysia.

Abstract

Alternative dispute resolution (ADR) is always seen as substitute way for the disputants and the court to look for dispute resolvers. ADR too has always been keen to solve any civil matters in a harmonious way. Due to its process which has many merits. First is of being cost effective. Then, the ability to resolve a dispute using a document only procedure and face to face discussion between the parties involved has been found to be both convenient and applicable. Moreover, with the increase cases involving Islamic finance disputes in Malaysia and the world in recent years, parties in dispute have become increasingly aware that disputes may be resolved quickly and without the quality of the decision impaired when applying the ADR mechanism. This paper discusses issues related the evolution of ADR and Islamic finance in Malaysia. In addition to that, researchers will also be conveyed to discover Islamic ADR as one vital role to resolve the dispute. Therefore, new recommendation should be imposed to solve legal conflicts related to Islamic finance in Malaysia.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.21589/ajlaw.2019.13.3.20
분류:
법학

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EMBRACE THE ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC FINANCE | 아주법학 2019 | AskLaw | 애스크로 AI