Shariah-Compliant Construction Contract

March 19, 2018 | Author: Ismael Razali | Category: Sharia, Quran, Religious Faiths, Abrahamic Religions, Monotheistic Religions


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CONTENTSPage No INTRODUCTION 1.0 DEFINITIONS 1.1 Shariah 1.2 Supervision  By SO  By Architect 1.3 Construction Contract 1.4 Current issues related to supervision (syabab) 1 1 2 1 2 3 2 2 CONSTRUCTION SUPERVISION IN ISLAMIC PERSPECTIVE 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 Man as vicegerent on Earth (shahir) Responsibility & Accountability (shahir) Trustworthy (awg) Honesty (awg) Punctuality (ijat) Fair and just (ijat) Respectful (rafiq) Humbleness (rafiq) Knowledgeable (adli) Leadership (adli) Steadfastness (mail) 1 1 1 1 1 1 1 1 1 1 1 CONCLUSION 1 REFERENCES 1 O has the power and authorities in managing the works. to apply orders from Allah among people.O has right to issue instruction requiring a variation under clause 24 shall be subject to the financial limits and if it is more than the financial limits as set out in Appendix 1. the good from the evil and justice from injustice. so that He may test you by means of what he has given you. Without things made subservient to man his worldly and religious existence could not be sustained. Besides.O must manage the works by applying the Shari’ah Law on behalf of Allah in order to show his gratitude to Him as everything we do on earth is an Ibadah. In this case. what we can relate from man as vicegerent on earth with supervision is the S. animals and nonliving things. man must show their gratitude to Allah by performing ibadah to Him.0 MAN AS VICEGERENT ON EARTH Man is the noblest of all Allah’s creatures on the earth because man is the bearer of His trust. The S. and the only creature chosen by Him to be the khalifah on earth. "It is He who has appointed You vicegerent on the earth and exalted some of you in rank above others.O must obtain prior written approval of the relevant authorities of the Government. The purpose of creating men and jinn is to perform ibadah to Allah. the S. in other words a leader to make sure that the works running smoothly. man also responsible to improve the world by name of Allah. Khalifah means that the creature chosen by Allah to manage the affairs of the earth on the basis of the shari’ah (divine law). The S. and to rule the communities. . Allah has taught Adam the special knowledge in order to discriminate the right from the wrong. 6:165)." (Surah al-An'am. Thus.2.O who are responsible in managing the overall supervision and directions of construction works and the S. The S. 3.O is empowered by this contract to issue instruction.In this case. .6 hereof employed." (Surah Hashr. the amending and making good of any defects. any matter which is necessary and incidental to the carrying out and completion of the works under the contract and any matter which the S.O is responsible from time to time issuing further drawings. and you have indeed made Allah your surety. And fulfill the covenant of Allah. and therefore He caused them to forget themselves. the removal from site or substitution of any materials or goods brought by the Contractor. man must know about himself and his position in the universe. and break not your oaths after confirming them. he must fulfill his job sincerely on behalf of Allah. although the S. the person who has been given the responsibility to supervise the works. when you have made a covenant. 59:19). details and/or written instruction in regard to the Variation clause 24.0 RESPONSIBILITIES AND ACCOUNTABILITY A Muslim must fulfill his promises if the covenant is not violate Shari’ah Law. and giving to the kindred.” Holy Qur'an (16:90-91). Surely Allah knows what you do. In Islam. and He forbids indecency and evil and rebellion. He admonishes you that you may be mindful. the opening up for inspection of any works covered up. "Do not be like those who forgot Allah. In this case. the removal or re-execution of any works executed by the Contractor. any discrepancy in or between the Contract Document.O has the power in supervision of the works. there are limits on his power. the dismissal from the works of any person mentioned in clause 23. “Surely Allah commands justice and the doing of good (to others). etc." [Al-Qur'an 14:27] Unhesitatingly. For instance. In the pursuit of steadfastness in construction supervision.O. This best exemplifies the supervisor who has deprived quality of steadfastness that consequently allows corruption to occur in the construction industry. They must not be easily affected by the external factors such as temptation from the contractor to use lower quality material with certain payment unduly offered to the supervisor. who has power to issue instruction wants to give instruction to the contractor.e.13. i. Allah says the following in the Quran: "Allah will keep firm those who believe.0 STEADFASTNESS Steadfastness generally refers to having the firmness in facing troubles and difficulties. he must be certain about it and put it in . staying firm and unwavering when giving instructions to other parties involved in construction ranging from the labour to the client to the contractor etc. it carries even broader meaning. Islam encourages its believers to stand firm at all times especially in difficult situations. the Architect or their respective representatives who hold the responsibilities to supervise the whole project must stay firm with their decisions. the more confident a construction supervisor on the path he is following. steadfastness is characterized as a basic requirement for a Muslim who wants to follow the straight path of religion with strong determination and understanding. And Allah will cause to go astray those who are dhalimun (polytheists and wrongdoers. The S. According to Islam. one must turn his every action towards the Quran. the more steadfast he will be in adhering to it.). Bringing into the construction context. with the word that stands firm in this world and in the Hereafter. when an Architect. and Allah does what He wills. with specific reference to shariah-compliant contract. written form as confirmation. . the instruction would not take effect and disputable. Otherwise. all parties involved in construction supervision must know the rules and regulations governing construction. costs and quality. must be able to be performed by the contactor. We are now more enlightened on the subject especially with regards to the Islamic perspective on construction supervision. Shariah-compliant contracts cannot involve misuse of power. the key features of shariah-compliant contracts and so much more. supervision activities that comply duly with shariah principles must feature subject matter that is lawful. within the agreed period of time. When these two are combined. The project supervisor is responsible to fulfil all agreements between the parties involved by clearly communicating on the critical factors of time. has useful value for a Muslim. and must provide for a sharing of risk and responsibility between the involved parties. To achieve this. A shariah-compliant construction contract should support productive construction activities. The specifications described in the contract generally must exist when the contract is being created. and is specific enough to avoid uncertainties and suspicions from the client. health. However. We really enjoyed doing the research for the . cannot encompass undue payment. and in the topic relating to shariah-compliant contracts particularly.CONCLUSION It is clear that the core purpose of construction supervision is to make sure the building construction is completed as specified. the significance of complying construction contract with shariah. costs and quality. and must be deliverable in due time. fulfilling these mere contractual conditions would not be sufficient to establish a shariahcompliant contract. without betraying fundamental Islamic principles like how some conventional construction contracts do. This assignment has really helped us in the study of this course. safety and environment. sake of this assignment and look forward to having such beneficial task like this one in the future! . 2008 Ahmad K..com/library/purification-of-the-soul/229-means-of- 6. Construction Contract. Khairuddin A. Khairuddin Abdul Rashid. http://www. Responsibility towards Society. Islamic Perspectives on Conflict 4. management within Project Managed Environments. Awsan T.alislam. http://sunnahonline. Means of Steadfastness: Standing Firm in Islam. 3. Habib. 2014 Salih al-Munajjid. steadfastness-standing-firm-in-islam Al-Islam Website. Management from an Islamic Perspective. A Revised Proposed Methodology to Investigate Shari’ah Compliance in the Formation of 2. Haryati A. Rashid. Faramawy. 2007 Kasim Randeree.REFERENCES 1. 2009 Muhammad R. Senam. Rapiah M. 7. 5. Azila A.org/a-muslim-in-society-al-balagh/responsibility-towards-society . Construction Project Leadership from the Perspective of Islam. Zaini. Sarkawi.
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