rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Dispute resolution clauses in Islamic finance contracts in Malaysia
    sub title: an analytical study
  name:
    name part: Nor Razinah Mohd. Zain
    role:
      role term: creator
    role:
      role term: author
  name:
    name part: International Islamic University Malaysia
    name part: Ahmad Ibrahim Kulliyyah of Laws
  genre: Theses, IIUM local
  origin info:
    place:
      place term: my
    date issued: 2018
  language:
    language term: eng
  physical description:
    extent: xxi, 338 leaves : illustrations ; 30cm.
  abstract: References to dispute resolution mechanisms in resolving disputes that can be traced from Islamic financial services industry is a borrowed method from the conventional banking and finance practices. Despite of the existences of institutions that offer services of alternative dispute resolution (ADR) such as mediation and arbitration, there is continuous increase of Islamic finance services disputes (IFSD) before the Malaysian courts. Preference for litigation stands as a default mode in reaching resolutions for IFSD. A combination of qualitative and quantitative investigations is used in investigating the applicability of dispute resolution clauses in Islamic finance contracts in Malaysia. It is found that the Islamic traditional forms of dispute resolution are equivalently similar to the modern dispute resolution processes. In analysing the clauses of Islamic finance contracts used by Islamic banks in Malaysia, it is found that there is an indirect and general form of dispute resolution clause which embedded in the jurisdiction/governing law clause. From the said clause, a reference to court is made and obviously mentioned. SWOT analysis is employed in identifying the weaknesses and strengths of the institutions which offer services for dispute resolution. The responses on legal awareness (LA) and legal understanding (LU) on the nature of dispute resolution clauses used in Islamic finance contracts are collected from retail customers (Group A), corporate customers (Group B), and advocates and solicitors (Group C). From statistical analysis of SPSS (Version 20), it is found that regardless whether the respondents from Group A read or not the terms of Islamic finance contracts, there is no significant impact to their LA. Similar situation is found for their LU. However, there is significant difference for Group B's LA based on whether they read the terms of Islamic finance contracts or not. Such impact is appreciated and relevant especially with the existence of leg…
  note: by Nor Razinah binti Mohd. Zain
  note: Thesis (Ph.D)--International Islamic University Malaysia, 2018.
  note: Includes bibliographical references (leaves 282-307).
  subject:
    geographic code: a-my---
  classification: BPH302.3
  identifier: http://studentrepo.iium.edu.my/handle/123456789/1478
  record info:
    record content source: UIAM
    record creation date: 180503
    language of cataloging:
      language term: eng