{"title":"为消费者利益的替代性纠纷解决与经济发展的可持续性:伊斯兰道德经济学的视角","authors":"H. Khan, Foyasal Khan, Soura Jit Barua","doi":"10.33093/ajlp.2022.7","DOIUrl":null,"url":null,"abstract":"Islamic Moral Economy (IME) rests on the idea of justice, goodness and fairness, and the social interest within the community. It provides a basic framework and moral-oriented principles to ensure the sustainability of economic development. In economics when contracts are formulated and signed, they are subjected to unexpected changes. Some issues may lead to disputes. The concept of Sulh (amicable settlement) can be used as an alternative dispute resolution (ADR) mechanism to solve these disputes. The scholars interpret such as mediation, arbitration, and conciliation. This paper aims to examine the potential of the applicability of mediation as a tool for dispute resolution in encouraging sustainability of economic development from an IME perspective. Based on a desk review of academic, peer-reviewed literature and reports, the particular focus of this study is on how mediation could assist the consumers of Islamic Banking and Finance in getting justice by applying dispute settlement methods between the parties. This paper suggested that the consumer obtains much benefit if the IME adopts ADR or mediation in resolving dispute and simultaneously maintains the sustainability of economic development.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"62 2 1","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Alternative Dispute Resolution and Sustainability of Economic Development for the Consumer’s Benefit: An Islamic Moral Economy Perspective\",\"authors\":\"H. Khan, Foyasal Khan, Soura Jit Barua\",\"doi\":\"10.33093/ajlp.2022.7\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Islamic Moral Economy (IME) rests on the idea of justice, goodness and fairness, and the social interest within the community. It provides a basic framework and moral-oriented principles to ensure the sustainability of economic development. In economics when contracts are formulated and signed, they are subjected to unexpected changes. Some issues may lead to disputes. The concept of Sulh (amicable settlement) can be used as an alternative dispute resolution (ADR) mechanism to solve these disputes. The scholars interpret such as mediation, arbitration, and conciliation. This paper aims to examine the potential of the applicability of mediation as a tool for dispute resolution in encouraging sustainability of economic development from an IME perspective. Based on a desk review of academic, peer-reviewed literature and reports, the particular focus of this study is on how mediation could assist the consumers of Islamic Banking and Finance in getting justice by applying dispute settlement methods between the parties. This paper suggested that the consumer obtains much benefit if the IME adopts ADR or mediation in resolving dispute and simultaneously maintains the sustainability of economic development.\",\"PeriodicalId\":42954,\"journal\":{\"name\":\"Asian Journal of Wto & International Health Law and Policy\",\"volume\":\"62 2 1\",\"pages\":\"\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2022-07-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Wto & International Health Law and Policy\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.33093/ajlp.2022.7\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"HEALTH POLICY & SERVICES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Wto & International Health Law and Policy","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.33093/ajlp.2022.7","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"HEALTH POLICY & SERVICES","Score":null,"Total":0}
Alternative Dispute Resolution and Sustainability of Economic Development for the Consumer’s Benefit: An Islamic Moral Economy Perspective
Islamic Moral Economy (IME) rests on the idea of justice, goodness and fairness, and the social interest within the community. It provides a basic framework and moral-oriented principles to ensure the sustainability of economic development. In economics when contracts are formulated and signed, they are subjected to unexpected changes. Some issues may lead to disputes. The concept of Sulh (amicable settlement) can be used as an alternative dispute resolution (ADR) mechanism to solve these disputes. The scholars interpret such as mediation, arbitration, and conciliation. This paper aims to examine the potential of the applicability of mediation as a tool for dispute resolution in encouraging sustainability of economic development from an IME perspective. Based on a desk review of academic, peer-reviewed literature and reports, the particular focus of this study is on how mediation could assist the consumers of Islamic Banking and Finance in getting justice by applying dispute settlement methods between the parties. This paper suggested that the consumer obtains much benefit if the IME adopts ADR or mediation in resolving dispute and simultaneously maintains the sustainability of economic development.
期刊介绍:
After Taiwan became the 144th Member of the WTO on January 1 2002 and recognizing the importance of WTO research, the WTO Research Center was established at the NTU College of Law in January, 2003 in order to conduct the research on WTO matters more efficiently. The WTO Research Center was transformed into the Asian Center for WTO & International Health Law and Policy (hereinafter ACWH or the Center) in December, 2005 to reflect the broad research scope of the Center. The original focus of the center was only on international trade law. Now it covers three major fields of research and training interests, namely international economic law (mainly WTO and investment), international health law (including the Framework Convention on Tobacco Control and the International Health Regulations), and international arbitration (including commercial and investor-State arbitrations). ACWH is designed to closely monitor the development of WTO rules, conduct in-depth research on the effect of the WTO rules on Taiwan’s economy, and put forth policy proposals.