Conflict welcome, but systemized dispute resolution needed
By Ahmed Shaikh, Special to IFN   
Tuesday, 12 January 2010

To a great extent, much of what how an organization works is how an organization builds and grows from conflict. In the United States today, there are thousands of Islamic organizations of one kind or another.

Some are organized as informal associations that educate each other; some are of the “one man show” variety that could be a privately owned place of worship. Others are more serious, with tax-exempt status, bylaws, multi-million dollar properties and plenty of cash on hand.  All of them exist to fulfill the needs of the community. 

Almost all Muslims in the United States are aware of some sort of conflict that may have taken place in their Islamic centers or masajid. These could range from election disputes, personal disputes or more serious breach of trust issues.  This often is a drag on the community at large.  It causes people to lose confidence in each other; it results in families no longer going to their once favorite Islamic center or Islamic school. 

The problem is not that Muslim communities have conflicts, since such things are inevitable.  However, the manner in which a conflict is managed and ultimately resolved is not inevitable.  Poor management of a conflict can lead to a weakened community. A well-managed conflict can actually lead to better relationships, stronger bonds and a more robust community.  

The community should be invested

The trend within the Muslim community has been for founders of organizations to run organizations as fiefdoms run either by clicks or individuals. The idea is that an organization can run better without the drama of the older more established organizations, which have memberships, elections and accountability to the community itself. The older organizations are often susceptible to more frequent and more public conflicts because of the more public nature of the organization itself.  

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. 


Last Updated ( Thursday, 29 April 2010 )