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.

Peter Costanzo
RELIGIONS AND MEDIATION, PART TWO

I’ll continue the discussion of mediation and religion with the Christian tradition. Since the Middle Ages, Christian clergy mediated disputes ranging from family disputes to international diplomacy.

In general, Christian dispute resolution techniques are rooted in Christian doctrine of forgiveness and reconciliation as expressed throughout the New Testament. The Apostle Paul in his letter to the Romans wrote, "Do not repay anyone evil for evil... If it is possible, as far as it depends on you, live at peace with everyone” (Romans 12:17-18). 

In the Sermon on the Mount, Jesus said, "Blessed are the peacemakers, for they shall be called the children of God” (Matthew 5:9). And Jesus provided a process: As recorded in the Book of Matthew, Jesus taught, “If your brother sins against you, show him his sin in private; if he listens, you have won your brother” (Matthew 18:15). If a resolution is not reached, Jesus taught that the grieving parties should bring witnesses and then if a resolution is still not reached the parties should, "take [their dispute] to the church (Matthew 18:17).

Interestingly, some have interpreted these teachings to strongly discourage Christians from taking disputes to secular courts. The Apostle Paul wrote in his First Letter to the Corinthians that those who take their neighbors to court never win in the eyes of God because "[t]he very fact that [Christians] have lawsuits among [one another] means [both parties] have been completely defeated already” (1 Corinthians 6:7).

It can be argued that the teachings of Jesus and the New Testament authors urge Christians to forgive one another, stay out of court, and resolve disputes in the most informal way possible. The Christian tradition of dispute resolution, then, has focused more on negotiation and mediation rather than arbitration or adjudication.

Notably in the U.S. colonies was the work of the Quakers. Their “behind-the-scenes” peace building efforts continue to this day to the Nigerian civil war and the independence of Zimbabwe. Today, Christian faith-based mediators, both in and out of formal church settings, provide mediation that helps disputing parties identify mutually beneficial outcomes to restore relationships in genuine peace.

Peter Costanzo