Title of article
Shariah Arbitration in Islamic Finance Transaction: An Urgent Need for Muslim Arbitrators
Author/Authors
Yaacob, Hakimah Lorong Universiti A - International Shari’ah Research Academy for Islamic Finance (ISRA), Malaysia
From page
205
To page
222
Abstract
Muslim Arbitrators are needed to settle the dispute in Islamic Finance. The process Model in Shariah Arbitration may differ from the tahkim and conventional arbitration which is based totally on the UNCITRAL Arbitration Model and Rules. However, to be in line with internationality of the principles enunciated in UNCITRAL, there is no requirement under the it stating that an arbitrator should not be or must be a Muslim . Based on this comprehension, this paper attempts to propose that the appointment of an arbitrator in Islamic finance should be a Muslim. The paper ends with conclusion and some recommendations for future embarcation on the issue.
Keywords
Shariah arbitration , Islamic finance , arbitrator , appointment , muslim
Journal title
Pertanika Journal of Social Sciences and Humanities (JSSH)
Journal title
Pertanika Journal of Social Sciences and Humanities (JSSH)
Record number
2651897
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