THE PRESENCE OF SYUBHAH IN THE PROCUREMENT PROCESS AND PROVISIONS OF CONSTRUCTION CONTRACTS

In the procurement of Islamic philanthropic-funded religious and socio-economic infrastructures and facilities perhaps there exist elements of Syubhah or “uncertain” or “doubtful” matters. Consequently, a qualitative study – combining desk research and discussions with Shariah and construction industry experts – was carried out. The study critically examines whether the construction procurement processes, and contract provisions used therein are consistent with the requirements of the Shariah or otherwise. The outcome of the study suggests the majority of the procurement processes and contract provisions are consistent with the principles of the Shariah, but some are not outright non-compliance hence, suggesting the presence of syubhah. The study and its findings are considered significant in the following ways: (i) a breakthrough for the construction industry’s effort to practice Shariah compliance in its dealings, (ii) a reference for the authorities responsible for the procurement of Islamic philanthropic-funded religious infrastructures and facilities to be more aware of the requirements of the Shariah and (iii) acts as a prelude in the effort to establish Shariah-compliant standards and guidelines on the procurement of Islamic philanthropic-funded religious and socio-economic infrastructures and facilities.