The Assembly of Muslim Jurists of America

This weekend I had the honor of attending a workshop on the importance of arbitration in the

The 7^th Annual Imam Workshop

Arbitration: Its Guidelines and procedures in Shariah

By: Imam Nadim Ali

10/15 – 18^th, 2010

Muslim community. Arbitration or Tahkim involves a neutral decision maker and leads to a binding decision. In attendance were numerous scholars of Islam who sought to highlight issues that are prevalent in the in the Muslim community in the USA. Some of these issues include commercial dealings, community disputes or familial problems. The main focus of the workshop is to encourage Muslims to come back to the Shariah as its source for resolution of disputes. It was noted during the conference that conflict resolution is not something that is foreign to Islam, and this has been engrained in the Shariah since the establishment of the first community.

If you fear a breach between them two, appoint (two) arbiters, one form his family, and the other from hers; if they wish fr peace, Allah will cause their reconciliation: For Allah has full knowledge, and is aquainted with all things. Qur’an 4:35

It was highlighted by many of the esteemed presenters that arbiters should be people who have knowledge of arbitration from an Islamic perspective. They were also able to emphasize the importance of fairness during arbitration. The importance of seeking arbitration from an Islamic perspective was so preferred, that if a person sought arbitration from an outside source when there are capable Muslim arbiters available then they are on their own, and may take themselves out of the protection of Allah.

If there is no system in place for Muslims to seek arbitration then it is permissible to seek non-Muslim solutions, but adherence to Shariah solutions should be sought first.

It was also emphasized that a person need not be an expert in the area in which they offer arbitration, and it is except able to bring in expert witnesses to clarify points to those who will render a decision. It is also important to respect the confidentiality of the litigant, and recourse should be in place to address a breach of confidentiality.

There was great emphasis on the point of including a method for arbitration in all contracts in case of disputes. This was recommended in commercial as well as marital contracts. Due to the fact that we live in a non-Muslim land it was recommended that ways to establish enforceable aspects of Shariah relating to commercial, communal and familial matters be put in place within the framework of the legal system in the United States.

A suggested clause to be added to a contract was offered in this fashion:

Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be determined by arbitration administered by an arbitrator( Imam or his designate) who will decide the dispute in accordance with Islamic Shariah law as determined by sound Islamic Jurisprudence.

Many Imams in the country have had situations where decisions were rendered that included some financial settlement, and the matter goes on unresolved due to the fact that it is unenforceable by the Imam or his appointees. This has caused many in the community to take the position

“If he won’t listen to the man in the thobe I will take him to the man in the robe.”

It was emphasized that due to the fact that Muslims comprise a significant portion of the population in the United States that we should begin to institutionalize aspects of Shariah that deal with non – criminal matters. It was also emphasized that communities begin to investigate local laws pertaining to legally enforceable arbitration, and establish arbitration councils that would be culturally specific to Muslims, and legally applicable under state law. This effort is not unprecedented due to the fact that the Jewish community, Native Americans Tribes, and others have established arbitration panels that deal with non – criminal matters. In fact those who oppose the establishment of Islam in this country have already begun to attempt to put on the books of their state that no aspect of Shariah be allowed to have legal presence in their legal system. They are testing this in Oklahoma, and will attempt to carry it to to other states if successful. It is important that the voices of Muslims be heard in matters such as this in order to have sane responsible discourse with those who seek to present Islam in a negative light to the rest of this countries populace.

Despite this effort Muslims must continue to develop all aspects of community that address our needs in a holistic fashion. Some of the people who presented at this workshop were Dr. Mohamed Adam ElSheikh,