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Conflict welcome, but systemized dispute resolution needed |
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By Ahmed Shaikh, Special to IFN
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Tuesday, 12 January 2010 |
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Page 2 of 2
This public nature of conflict exists because a larger number of people have a stake in the affairs of the organization.
After times of conflict, they often come out stronger as their purpose is meant to allow community members to serve each other. The more private and insular organizations will not operate with any accountability to the community and will thus not have much community support when they need it the most.
Solicit opinions
In any organization, people who have grievance want to know they have been heard and their views have been adequately considered. It is not enough that leaders should expect people with differing views to come to them directly if they have different views. If you don't ask someone what their opinion is, people will generally think you don't care what they think, because that is probably true. That perception may be fatal to an organization that needs allies and donations.
Use arbitration
The Islamic Shura Council has initiated an arbitration program for Muslim organizations with internal disputes. This allows for resolution of disputes based on Islamic principles. Within the Muslim community, disputes typically involve who gets to control the Islamic center, but may involve other issues as well, such as allegations concerning the use of funds, membership eligibility and employment matters.
In arbitration, two or more parties who have a dispute agree they waive their constitutional right to a jury trial. The process is often less expensive than going to court, and the community can resolve its own problems based on Islamic principles while keeping the troubles within the community. The arbitration typically means courts lose their subject matter jurisdiction because the parties agreed to arbitration.
The benefit of having systematized dispute resolution for the Muslim community goes far beyond providing an alternative to courts. If done right, it can increase community involvement and instill a sense of confidence in our institutions. This is something disputes in court can almost never do.
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Last Updated ( Thursday, 29 April 2010 )
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