Islamic Dispute Resolution
Even when people have disputes, they may often agree on what rules will govern the dispute and who will decide it. Some people want their cultural and religious traditions to govern the resolution of disputes. A few years ago, I interviewed Rabbi Shlomo Weissmann, the Director of Beth Din of America, to learn more about dispute resolution in beis din, a disputes resolution system that follows Jewish traditions. But I was also curious to learn about other systems, so I was very fortunate to speak with Imam Omer Rangoonwala, the executive director of the Islamic Dispute Resolution Service, to learn more about Islamic dispute resolution.
Why should you continue reading this post about Islamic dispute resolution?
You are curious about the inspiration behind a new dispute resolution organization and the process of creating it.
You are interested in learning more about important texts in Islamic law.
You only have 30 days to resolve a dispute and are looking for an organization that may help.
Imam Omer Rangoonwala is the executive director of the Islamic Dispute Resolution Service.
How did you start the Islamic Dispute Resolution Service (the “IDRS”)
This effort is a passion of mine, it has been on my mind since I was 15 years old. As a teenager, I began learning the Quran at the encouragement of my parents and a few close friends. I grew up as a Muslim child in the U.S. wondering how I could practice upon my faith completely and also assist others to do so. My interest in law was not specific to dispute resolution, but it fit together like a puzzle in my mind. Legal studies were easy for me, my mind just worked in this way and was inclined to this study, as opposed to let’s say art or music. And as I learned more, I realized a lot of law is aboutresolving disputes and attempting to ensure a just society. I continued to study and designed my educational plan in order to be able to serve in this capacity, there is still much to learn and I continue to do that. Our ultimate objective being to live in a just manner with the intention of serving and pleasing our creator.
Reviewing the practices of other communities in the United States, primarily the Jewish community, I saw a template for dispute resolution that we as Muslims living in the U.S. could adopt with modifications. I did see some Christian-based examples in my research as well, but those were more focused on mediation and less so on arbitration. Organizations in the Jewish community already had outlined procedures. My first task was just to put down procedures on paper for our organization, which we are improving upon as we progress in our work.
Right now, we are just getting started. The IDRS has not been around as long as the Beth Din and others, and we are very much in our infancy stage. Much of the structure of our organization is based on reviewing the structure of other more established faith-based organizations serving in the dispute resolution area. We observed many of their procedural rules since there is no need to reinvent the wheel. Based on differences in religion and practice, we modified features to conform to our laws and principles.
What type of disputes does the IDRS generally hear?
The IDRS is open to hear any type of dispute since we have panelists, arbitrators, and mediators who can hear any type of dispute. Of course, the organization cannot hear issues involving government or criminal matters, but we can hear any type of dispute that can be legally mediated or arbitrated in the United States.
Principally, the IDRS hears family and business disputes in the community. And while we handle matters throughout the United States (in particular, we get many calls for consultations throughout the U.S.), generally most of our work is for clients in California where we are physically located.
What proportion of disputes in the IDRS are commercial disputes?
About half. We get a lot of calls for help and seeking consultations on different types of disputes. There is a lot of demand for a modern forum for commercial disputes where a dispute can be resolved with faith-based principles and in compliance with Islamic Law. Our goal is to focus on offering Islamic mediation and arbitration services in an organized fashion with confidentiality, privacy, efficiency, and oversight. There definitely is a demand.
Must one be a lawyer or a Muslim to represent a client before the IDRS?
One must be a lawyer, but not necessarily a Muslim, to represent a client in a dispute. We want only lawyers to formally represent parties, namely because lawyers have specific duties, licensure requirements, conflict checks, and are governed by the State Bar.
How often do non-Muslims participate?
Not so much in terms of non-Muslim parties to a case. Word has not spread so much about the IDRS such that non-Muslims would get involved. They may not be interested now, but if they would like for us to mediate or arbitrate a matter, we would be open to that. I am sure once more people learn about the benefits of our service, we will get people from all walks of life.
In terms of non-Muslim witnesses, that depends on the case, and they can be involved on cases in this capacity.
What is the educational background of the IDRS arbitrators?
Not all of the arbitrators/mediators have law degrees. They either have a law degree, or a background in community mediation, or they are Islamic scholars with training in dispute resolution.
We are privileged to have erudite scholars as advisors and mediators, such as Dr. Akram Nadwi, Shaykh Furhan Zubairi, Shaykh Joe Bradford, and others. I believe these are individuals who really have a pulse on the community and the issues that arise. We also have top lawyers and community leaders on the panel who are dedicated to community service.
We prefer all of our mediations and arbitrations to be co-mediations or co-arbitrations. Thus, arbitrators work together as a panel of three, where each arbitrator has a different subject matter expertise. For example, if there is a complex commercial dispute, then there may be an Islamic scholar who works with a co-arbitrator with a law degree and another with a commercial background. It’s a joint effort, where each individual brings his or her expertise to resolve the dispute.
We can put together a highly qualified team to help resolve the issues the parties are coming to us for, whether through mediation or arbitration.
How often do parties appear pro se without an attorney before the IDRS?
Most of the time. This is especially true in smaller disputes, where most of the time people don’t have attorneys.
Is there any special attire for participants in an IDRS hearing?
No. People just dress in a business casual or professional way.
Is the IDRS typical of other organizations that help resolve disputes with Islamic principles, or are there notable ways in which it is different ?
I am not aware; I assume they would follow the same principles and methodology. Someone mentioned to me recently that there is one in Dallas and one in the New York metropolitan area. I would love to connect with others and collaborate at some point.
I know there is a law professor and Islamic scholar who is working to start a similar organization in Canada, I had a meeting with him recently.
These organizations are in the infancy stage. Everyone recognizes that there is a demand and people are looking for ways to provide this service. I believe that this field will explode in popularity as the best method to resolve disputes in the next 10 years.
There are organizations in the UK that have been around much longer than those here in the US.
Why do you think the UK has had Islamic dispute resolution for longer?
I am not sure. But what is needed is a collaboration and coming together of legal professionals and Islamic scholars in order to have a structured organization for mediating and arbitrating disputes. Now, more Muslims here in the U.S. are pursuing both these fields of study.
Another factor that explains the recent rise of Islamic dispute resolution in the United States is that people have learned about its benefits, they have become aware of the fact that arbitration and mediation are cost effective options that courts encourage. People understand that they can save money, have confidentiality, save time, and also practice their faith all at the same time!
We also have a goal to offer education on Islamic dispute resolution through trainings, lectures, and research. We are also seeing that large law firms and corporations are interested in trainings on Islamic Law, rules, and principles.
Although Islamic Dispute Resolution organizations are relatively new here in the US, I must say there have been individuals and Islamic scholars who have provided service in this field for many years. Specifically, there have always been Imams and community leaders who have helped resolve community and family disputes. Their work has been a motivation for me to also serve in this area and make further progress by establishing a more formal structured organization.
Do litigants electronically file pleadings with the IDRS?
We have no electronic filing system, but we do submissions through email.
Are the decisions of the IDRS published or are they kept confidential?
They are confidential at this point. We want to publish at some point, with redactions for names and other identifying information. On the one hand, people want privacy. But on the other, we want to establish precedent that people can access through a database in the future. This would be a long-term goal.
Do the IDRS procedures involve appeals?
No, we don’t have any appeals procedures at this time.
Image credit: https://en.wikipedia.org/wiki/Sharia#/media/File:Zibik.jpg
Do parties in a dispute before the IDRS file pre-trial motions, like in a secular court?
The IDRS permits parties to make motions before the hearing and at the hearing itself, but typically many arguments that normally come in pre-trial motions are raised on the day of the hearing.
What law governs disputes in the IDRS?
The IDRS applies Islamic guidance and Islamic law, but under Islamic principles we very often also look at local custom and local laws.
There are very few areas where a conflict appears which would prevent the parties from choosing to apply Islamic Law in a civil dispute. But, if there is something that state or local law would not allow or conflict with, then we would need to look into what Islamic law says about that issue and apply conflict of law principles.
Besides the Quran, are there any other legal authorities cited in IDRS proceedings?
All of the legal principles the IDRS applies are derived from the Quran and the Sunnah.
IDRS mediators and arbitrators also consult numerous Fiqh texts, manuals, treatises, and commentaries. This depends on the issue at hand. These texts summarize the law, provide detailed explanations of the law and its application, along with looking at the principles of jurisprudence. In this way Islamic scholars set forth rulings and principles for deriving specific rulings applicable to a case.
Are there rules of evidence that dictate what evidence is admissible in the IDRS?
Yes. These rules come from the Quran and the Sunnah also. Islamic rules on evidence are very comprehensive, just as the federal and state rules of evidence. Each different type of evidence can hold different weight, which the mediator or arbitrator can discuss with the parties.
Are the submissions and decisions written in English or another language?
They are all in English.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
It goes across the board; we really see everything. But mostly they are short statements. When using short pleadings, parties can flesh out their positions at the mediation or arbitration.
How do parties initiate an IDRS arbitration?
This process works the same way as it does in other arbitration intake procedures; the main goal afterwards is to provide notice to the responding party.
Compelling an unwilling participant is really non-existent for us; the vast majority of our work arises because both parties voluntarily participate and affirmatively choose to arbitrate their dispute. People choose to apply Islamic principles in their lives. And if a party didn’t agree to the IDRS procedures, we would not have jurisdiction and couldn’t force someone to come to us.
To formalize that consent, we have standard clauses that people can put in their contracts that says people agree to come to the IDRS for mediation/arbitration prior to litigation.
Because the process is voluntary, we do not really have people challenging jurisdiction, and we don’t have to deal with respondents defaulting or evading the process. The process is voluntary.
Do respondents need to file written answers with the IDRS?
Yes, they generally do. But the answer could just be the respondent’s acceptance to appear in the arbitration and consent to the IDRS’s jurisdiction to resolve their dispute.
And since the whole process is voluntary, sometimes parties will come to us and do a joint filing of the claims and defenses.
Generally speaking, how long does it take for a case to go from the parties agreeing to litigate with the IDRS to judgment?
We try to resolve disputes within 30 days. This all depends on the parties’ schedules and the organization’s case load, but naturally our work is much quicker and more efficient than the secular legal court system.
This is another appeal of the IDRS. People get to follow their religious principles and come to a quicker resolution. In fact, there have been many times where we have been able to mediate a dispute within a 2-hour mediation meeting with the parties. We strive to excel at what we do.
Do disputes in the IDRS have pre-trial discovery where the parties are required to exchange evidence or interview opposing witnesses?
Yes, people do submit discovery. It just depends on the complexity of the case.
The process, however, is informal and very streamlined. We also encourage the arbitrator, not just the parties themselves, to elicit discovery and to make sure they disclose what they want to be a part of the hearing.
Do the parties get to interview opposing witnesses before the hearing?
The IDRS does not have a structure for depositions. We may have to set one up for complex cases, but generally many of our parties are unrepresented by attorneys, and so we don’t need depositions. Instead, in the majority of our cases, the hearing is sufficient.
Do prevailing parties recover attorney’s fees?
If the parties have a contract that provides for that, then yes. But the default is that each party pays its own fees.
Do you believe that the Islamic traditions for dispute resolution have a particular strength for resolving commercial disputes?
Absolutely, there are many strengths. One major strength is that the IDRS’s rules assist and encourage people to come together and resolve disputes as brothers and sisters in faith. It is important to maintain amicable ties, even in business disputes; we don’t want people to carry on after a case resolution still mired by disagreement or breaking what ties them together. Instead, the IDRS emphasizes etiquette, being honest, and not abandoning family/community. We aim to give parties a fresh start after a settlement, as much as possible to the best of our abilities. We want to help people move on after a dispute in the healthiest fashion. We want people to uphold their beliefs.
This philosophy comes from the fact that Islam is a way of life, where we all must answer to God. We believe that despite the dispute, we do not abandon our separate rights due to people and to God. Disputes happen in life for many reasons, and we have guidance from the Quran and Sunnah on how to address them.
Of course, there are also all the other strengths of ADR present with the IDRS such as for example reaching solutions faster and at a lower cost and also retaining confidentiality are big benefits.
How about a weakness?
There really are no weaknesses in the tradition and its dispute resolution processes, everything is perfectly balanced, I say this with full confidence after thorough study. There are indeed weaknesses in our human implementation; the IDRS continues to make advancements and improvements in this regard. The organizations development requires a significant commitment of time, effort, and resources. Other than my own shortcomings, I don’t see a weakness.
Does one entity organize or set the principles or rules for all Islamic dispute resolution organizations, or do different communities operate them independently?
For the most part they operate independently. We have bodies of Islamic scholars that we can turn to that have expounded on the applicable laws/rules, the application of these laws/rules, as well as provided guidelines and resources. There are bodies of Islamic scholars, for example we have the Assembly of Muslim Jurists of America (AMJA). These bodies also research and apply Islamic law to new areas and questions.
We also consult with our senior Islamic scholars and professors, others in this field, and experts who have specialized training in particular areas as needed.