Judicial Procedures in I-Fintech: The Malaysian Experience

Ainul Azam bin Ahmad Khamal ()
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Ainul Azam bin Ahmad Khamal: Ainul Azam & Co., Advocates & Solicitors

Chapter Chapter 8 in Islamic FinTech, 2021, pp 125-140 from Springer

Abstract: Abstract This chapter seeks to examine and discuss the vagaries of prevailing procedures relevant and available to e-commerce and/or I-fintech disputes. This brief would invariably entail discussions and analyses on dispute resolution mechanisms under the prevailing judicial—civil courts and other alternative dispute resolution (‘ADR’) legal—framework. The chapter will also navigate, highlight and analyse models of ADR framework that offer fintech or I-fintech dispute resolutions and juxtapose them with ADR models and procedures available or potentially made available under the Shari’ah–Islamic financial system. Finally, the author will highlight and argue that broader context of institutionalized Shari’ah–Islamic I-fintech judicial framework would not only be consistent and comparable with the rigours of existing modern dispute resolution legal framework demands but also underscore a viable case of an alternative judicial legal framework that not only is effective but also, more importantly, represents vibrant alternative judicial procedures to serve the needs and demands of any present and future I-fintech disputes.

Keywords: FinTech; Judicialcial procedures; Law; Application; Shari’ah; Malaysia (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-030-45827-0_8

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DOI: 10.1007/978-3-030-45827-0_8

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