Skip to main content
padlock icon - secure page this page is secure

Mediation in Islamic Banking Dispute in Malaysia

Buy Article:

$106.34 + tax (Refund Policy)

Mediation, as its name suggest, is a way of helping conflicting parties to compromise with each other by listening to what each party has to say in a situation that had caused the misunderstanding or argument. This would then allow a mutual understanding that is more preeminent between the parties in order to have a peaceful resolution instead of resorting to violence. It could be able to prevent any harm that could come from the disagreement and it is also a way to provide or to build a consensual relationship between any conflicting parties. Malaysia practises a secular court system which comprises of civil and Islamic court jurisdiction. According to Article 121(1A) of Federal Constitution, exclusive jurisdiction has been conferred on Syariah court in the administration of Islamic law, provided its jurisdiction is only confined to the matters that fall within State Boundaries. Syariah court jurisdiction is only applicable to Muslims meanwhile non-Muslims are still subjected to civil court jurisdiction. In general, any Islamic financial or banking disputes will fall within the jurisdiction of civil court due to the fact that Islamic banking and Takaful are considered as under the item ‘finance’ provided in the First List, Ninth Schedule of Federal Constitution. Therefore, in light of this, Islamic financial issues including its commercial dealing, regulation or incorporation will be heard by civil court. This paper is going to discuss about mediation in Islamic Banking dispute in Malaysia and its conflict of jurisdiction. At the end of this paper, we will understand the concept of mediation that been practiced and applied in Islamic Banking dispute in Malaysia.
No Reference information available - sign in for access.
No Citation information available - sign in for access.
No Supplementary Data.
No Article Media
No Metrics

Keywords: Alternative Dispute Resolution; Banking Dispute; Conflict of Jurisdiction; Islamic Banking

Document Type: Research Article

Affiliations: Faculty of Law, Multimedia University, Jalan Ayer Keroh Lama, 75450 Malacca, Malaysia

Publication date: July 1, 2018

More about this publication?
  • ADVANCED SCIENCE LETTERS is an international peer-reviewed journal with a very wide-ranging coverage, consolidates research activities in all areas of (1) Physical Sciences, (2) Biological Sciences, (3) Mathematical Sciences, (4) Engineering, (5) Computer and Information Sciences, and (6) Geosciences to publish original short communications, full research papers and timely brief (mini) reviews with authors photo and biography encompassing the basic and applied research and current developments in educational aspects of these scientific areas.
  • Editorial Board
  • Information for Authors
  • Subscribe to this Title
  • Ingenta Connect is not responsible for the content or availability of external websites
  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more