Towards the settlement of civil and criminal disputes through arbitration under Islamic Law
Link to publisher's homepage at http://ijbt.unimap.edu.my
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School of Business Innovation and Technopreneurship, Universiti Malaysia Perlis (UniMAP)
2017
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my.unimap-500212018-07-24T02:47:10Z Towards the settlement of civil and criminal disputes through arbitration under Islamic Law Hossain, Md. Shahadat Masum, Md. Shamsuddin Ara, Most Yasmin shahadathossainbiu@gmail.com msmasum81@gmail.com Arbitration Islamic Law Link to publisher's homepage at http://ijbt.unimap.edu.my Islam is not just a religion; it is an exhaustive way of life. Din-the Arabic word for religion, encompasses, theology, scripture, politics, morality, law, justice, and all other aspects of life relating to the thoughts or actions of men...it is not that religion dominates the life of a faithful Muslim, but that religion...is his life. The Shari'ah regulates all aspects of life, ethical and social, and to encompass criminal as well as civil jurisdiction. Every act of believers must conform to Islamic law and observe ethical standards derived from Islamic principles. Dispute settlement is one of the fundamental affairs of the Muslim as he was ordained to do so peacefully and this was declared as best way of resolving problems among them. Arbitration and amicable settlement (sulh) have a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Sulh is the preferred result and process in any form of dispute resolution. Further, arbitration is favoured to adjudication in Islamic jurisprudence. In tribal and Islamic cultures, the overarching objectives in conflict settlement are collectively. Sulh or reconciliation is becoming an alternative problem solver in many cases lately. It is a mutual agreement between the conflicting parties so that the dispute is solved amicably. Many people assume that sulh is only applicable in civil cases. Nevertheless, in Islamic law sulh is also applicable in criminal cases particularly in homicide and bodily injury cases. 2017-10-23T04:52:31Z 2017-10-23T04:52:31Z 2017-02 Article International Journal of Business and Technopreneurship, vol.7(1), 2017, pages 93-116 2231-7090 2232-1543 (online) http://dspace.unimap.edu.my:80/xmlui/handle/123456789/50021 http://ijbt.unimap.edu.my en School of Business Innovation and Technopreneurship, Universiti Malaysia Perlis (UniMAP) |
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Universiti Malaysia Perlis |
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UniMAP Library |
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Asia |
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Malaysia |
| content_provider |
Universiti Malaysia Perlis |
| content_source |
UniMAP Library Digital Repository |
| url_provider |
http://dspace.unimap.edu.my/ |
| language |
English |
| topic |
Arbitration Islamic Law |
| spellingShingle |
Arbitration Islamic Law Hossain, Md. Shahadat Masum, Md. Shamsuddin Ara, Most Yasmin Towards the settlement of civil and criminal disputes through arbitration under Islamic Law |
| description |
Link to publisher's homepage at http://ijbt.unimap.edu.my |
| author2 |
shahadathossainbiu@gmail.com |
| author_facet |
shahadathossainbiu@gmail.com Hossain, Md. Shahadat Masum, Md. Shamsuddin Ara, Most Yasmin |
| format |
Article |
| author |
Hossain, Md. Shahadat Masum, Md. Shamsuddin Ara, Most Yasmin |
| author_sort |
Hossain, Md. Shahadat |
| title |
Towards the settlement of civil and criminal disputes through arbitration under Islamic Law |
| title_short |
Towards the settlement of civil and criminal disputes through arbitration under Islamic Law |
| title_full |
Towards the settlement of civil and criminal disputes through arbitration under Islamic Law |
| title_fullStr |
Towards the settlement of civil and criminal disputes through arbitration under Islamic Law |
| title_full_unstemmed |
Towards the settlement of civil and criminal disputes through arbitration under Islamic Law |
| title_sort |
towards the settlement of civil and criminal disputes through arbitration under islamic law |
| publisher |
School of Business Innovation and Technopreneurship, Universiti Malaysia Perlis (UniMAP) |
| publishDate |
2017 |
| url |
http://dspace.unimap.edu.my:80/xmlui/handle/123456789/50021 |
| _version_ |
1643804056593891328 |