Muslim Arbitration

 Posted on October 31, 2018 in Business Law

Common judicial processes in the U.S., and in DuPage County, in particular, can be problematic for many members of the Muslim community. The American court system functions in a manner that privileges individual rights over collective responsibilities and communities, which can be alienating to Muslims in general and particularly so for members of the Muslim community who are immigrants and are accustomed to different legal, social, cultural, and religious practices. Relying on Muslim arbitration can be one way to handle business disputes and other legal conflicts involving a member of the Muslim community without treading on certain norms that are important to that party.

To learn more about Muslim arbitration, first we want to say more about arbitration generally. Then we will provide you with some background information about Muslim arbitration in the United States.

What Is Arbitration and Why Is It Beneficial?

Arbitration is a form of alternative dispute resolution (ADR). It is a process that is non-judicial and private through which disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.

There are numerous forms of ADR in the U.S., and arbitration and mediation are among the most common. It is important to distinguish between arbitration and mediation, however. Mediation is a process in which there is a neutral third party that helps the disputing parties to come to a resolution. In mediation, the neutral third party is not a decision-maker. The opposite is true in arbitration. With arbitration, there is still a neutral third party, but that third party has the authority to make a decision about the dispute, according to the ABA.

As you might be able to see, arbitration is more like a trial than mediation. In arbitration, both parties still present a case to the arbitrator, who looks at all of the evidence and makes a decision about an award. Sometimes arbitration is binding (meaning that the decision of the arbitrator is final and is only appealable in certain circumstances), and sometimes the decision is non-binding (which means that it only applies if both parties accept the decision).

Learning More About Muslim Arbitration

Now that you know more about arbitration in general, we want to turn to Muslim arbitration specifically. What is Muslim arbitration, and why is it beneficial to members of the Muslim community? Muslim arbitration “tribunals,” also known sometimes as sharia tribunals, can exist within religious communities inside the U.S. These venues provide a means for hearing and resolving disputes between members of their communities.

With Muslim arbitration, the parties can have a neutral third party who understands their religious, social, and cultural practices and can keep those issues in mind when reaching a decision. Muslim arbitration — and arbitration on the whole — allows the parties to work in accordance with any set of rules to which the parties agree, which is often favorable for members of the Muslim community. Moreover many state courts respect the outcomes of Muslim arbitration and will enforce those arbitration awards when they are binding.

Contact a DuPage County Muslim Arbitration Lawyer

At Farooqi & Husain Law Office, we have years of experience advocating for members of the Muslim community, and a passionate DuPage County Muslim arbitration attorney at our firm can speak with you today about alternative dispute resolution options that may be available to you. Contact us for more information.

Sources:

https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/arbitration/

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/06/30/sharia-in-america/?utm_term=.832b08f62b27