Implementing the E-Family Expert Model through a Legal Framework for Online Dispute Resolution

Authors

  • Prof. Zaleha Kamaruddin International Institute of Islamic Thought and Civilization (ISTAC)
  • Dr. Umar A. Oseni
  • Zati Ilham Abdul Manaf International Islamic University Malaysia

DOI:

https://doi.org/10.52282/icr.v12i2.863

Keywords:

E-family expert, family dispute, family dispute resolution, online dispute resolution, alternative dispute resolution

Abstract

With the protracted Covid-19 pandemic ravaging the whole world with emergence of new virulent variants, there has been a massive backlash on the family institutions, particularly Muslim families across the world. Some of the effects of the protracted pandemic include domestic violence, increase in the rate of divorce and death of spouses which have triggered some unique nature of family disputes. With the restrictions in movement and physical distancing measures in place, one would wonder whether there could be an alternative means to resolve such budding family-related disputes. To address this issue, this paper examines the potential of the E-family Expert Model earlier designed by the authors in addressing such family-related disputes under the legal framework for online dispute resolution (ODR).  The study adopts an analytical approach through qualitative research method to discuss the relevant issues with a view to finding a lasting solution to the dearth of avenues for family dispute resolution. One of the major findings of the study relates to the relevance of the Fourth Industrial Revolution in implementing the E-Family Expert model where the usual boundaries between the physical, digital and biological aspects of life are strategically blurred with the implementation of a family ODR platform. The study concludes that the E-family expert model could help in a great deal in addressing multitude of family-related disputes through an ODR platform while complying with the national legislative framework. This could be a veritable tool for the member states of the Organization of Islamic Cooperation (OIC) in addressing the increasing number of family disputes through a more formalized framework for adoption by its member states. 

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Author Biography

Prof. Zaleha Kamaruddin, International Institute of Islamic Thought and Civilization (ISTAC)

Professor of Law at International Institute of Islamic Thought and Civilization, International Islamic University Malaysia

References

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Published

2021-12-31

How to Cite

Kamaruddin, Zaleha, Umar Aimhanosi Oseni, and Zati Ilham Abdul Manaf. 2021. “Implementing the E-Family Expert Model through a Legal Framework for Online Dispute Resolution”. ICR Journal 12 (2):235-48. https://doi.org/10.52282/icr.v12i2.863.