RELIGIONS AND MEDIATION, PART THREE

In the two previous postings I discussed Jewish and Christian traditions as they relate to mediation. The subject of this posting is Islam. Like Jewish and Christian traditions, Islamic dispute resolution has its foundation in religious tenants.

Historically, the Islamic tradition includes peaceful resolution of disputes between Muslims: "Allah guides all who seek his good pleasure to ways of peace,” (Quran 5:16). "All who believe, stand out firmly for Allah as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just, for that is next to piety,” (Quran 5:8). In the Islamic tradition, intermediaries (known as quadis) interpret and apply Islamic law to achieve social harmony through a negotiated outcome to a dispute. Thus Islamic faith-based dispute resolution rests between mediation and arbitration.

Among U. S. Muslims, martial disputes can be addressed with mediation. Each spouse can name a third party or both spouses can agree on a single third party. Typically the third parties are older family members or a local Iman, which is considered a religious leader and teacher. The Muslim mediator acts more like a facilitator than as a judge.

Unlike other religious traditions, Islam provides guidelines for disputes compared to other faiths. The guideline is expressed in the term shahadat, an Arabic word meaning, “witness over other nations,” (Quran 25:63). For shahadat, Muslims must first understand peace and initiate it among themselves. Next, they must extend the call for peace to include their non-Muslim neighbors. Finally, Muslims must be as committed to spreading peace within other communities as they are within their own. Only then will Muslims deserve to witness over other nations.

As with my other posts about religious traditions, I invite reader’s comments and corrections.