بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ
This is a proposal for local Councils of Masaajid or the local Muslim Community to consider establishing a "Council of Mosques Mediation Committee" to facilitate expeditious dispute resolution according to Islamic principles.
Please note this is a draft proposal. Any constructive comments or suggestions are welcome via the website or via email to ahussain1999@doctors.org.uk
Introduction
Disputes are an inevitable part of human interactions, arising from differences in opinions, interests, and misunderstandings. In any organization, including Masaajid and other religious institutions, conflicts can emerge over leadership, finances, policies, or even personal disagreements. If left unresolved, these disputes can escalate, leading to entrenched positions, division, and even long-term harm to relationships and communal unity. Therefore, having a structured mediation service in place is essential to address conflicts at an early stage, ensuring they are resolved amicably before they turn into deeply polarised disputes.
Mediation and arbitration are both methods of resolving conflicts, but they function differently. Mediation is a voluntary process in which a neutral third party facilitates discussions between conflicting parties to help them reach a mutually acceptable resolution. It emphasizes dialogue, understanding, and compromise. Arbitration, on the other hand, involves a neutral arbitrator who listens to both sides and makes a binding decision, similar to a judge in a court. While mediation focuses on cooperation and maintaining relationships, arbitration is more authoritative and final in its ruling.
For the Muslim community, having an independent mediation setup is crucial to ensure that disputes are resolved according to Islamic principles and the Prophetic tradition. Islam encourages reconciliation (sulh) and emphasizes justice, fairness, and mutual understanding in settling conflicts. A dedicated Islamic mediation service would allow disputes to be addressed in a manner that aligns with Shariah, fostering harmony and brotherhood within the community. By following the example of the Prophet Muhammad (
), who acted as a mediator in numerous conflicts, the Muslim community can establish a dispute resolution framework that upholds both justice and compassion.
Scope and Importance of a Muslim Mediation Committee
Disputes within UK mosques are not uncommon, often arising from management conflicts, sectarian tensions, and governance issues. These disputes sometimes escalate into legal battles or community fragmentation, reflecting broader challenges in balancing diverse Islamic traditions with local governance.
The establishment of a local Muslim mediation committee dedicated to resolving disputes among Islamic organizations holds significant importance in fostering unity and adherence to Islamic principles within the community. Rooted in Quranic directives such as “help one another in righteousness and piety” (Quran 5:2) and the Prophetic tradition of amicable conflict resolution, such a committee would prioritize reconciliation (sulh) and mutual consent, ensuring disputes are settled in alignment with Islamic ethics. By focusing on organizational conflicts—such as governance disagreements, financial disputes, or inter-group tensions—the committee would address issues where applying Islamic values (e.g., justice, accountability, and communal welfare) is paramount. This targeted scope distinguishes it from local Shariah Councils, which primarily handle familial matters like divorce, and avoids overlap with their services.
Composition of the Mediation Committee
The Mediation Committee would be composed of volunteers who are deeply committed to the cause of conflict resolution within the Muslim community. These individuals would be willing to dedicate their spare time to this important work, demonstrating their dedication to community service. Committee members would be selected based on their reputation for justice and objectivity within the community. They should possess a strong understanding of Islamic principles of mediation, such as sulh (reconciliation) and wasatah (mediation), ensuring that their approach is grounded in Islamic ethics. Additionally, members must be intellectually astute, and capable of grasping and navigating complex dispute issues that may arise in organizational conflicts. This combination of Islamic knowledge, fairness, and analytical skills would enable the committee to address disputes effectively while maintaining the trust and respect of the community they serve.
How the Mediation Committee would function
The Mediation Committee would operate on a principle of voluntary engagement, only intervening when explicitly requested by all parties involved in a dispute. This approach ensures that the committee's involvement is welcomed and its authority recognized by those seeking resolution. The parties involved in the dispute have the autonomy to determine, prior to engaging in the process, whether they will accept the outcome of the reconciliation efforts as binding or merely utilise the process solely as a platform to articulate their respective positions.
When the Mediation Committee is contacted, its first step involves meeting with each party separately. These individual meetings aim to understand each party's perspective on the dispute and their desired outcome from the mediation. After these initial discussions, the Committee will establish clear terms and conditions for the mediation process, ensuring a structured and fair approach. These would include:
1. Establish mutually convenient dates, times, and locations for all mediation sessions.
2. Ensuring equal representation and mutual terms of respect during the mediation process of all parties involved in the dispute.
3. Develop a specific agenda for the mediation sessions, including a clearly defined timeframe for each item of discussion.
4. Obtain a firm commitment from all parties to attend the scheduled meetings, adhere to the established rules of discussion, and remain focused on the agreed-upon agenda.
5. Designate a member of the Committee to serve as the chairperson for all meetings.
6. Stipulate that all attendees must only speak when recognized by the Chairperson, and that all questions directed to opposing parties must be submitted through the Chairperson.
7. Any resolution proposed by the Committee or accepted by the disputing parties must conform to both applicable UK law and the principles of Shariah.
8. Upon reaching a resolution, the Committee shall document the terms in writing. The precise wording of the agreement must be approved by all disputing parties before it is formally signed under oath.
By emphasizing voluntary participation, the committee would work to preserve relationships among the disputing parties. This is crucial for maintaining cohesion within the Muslim community, especially among mosques, charities, and educational institutions. The committee's approach would prioritize reconciliation and mutual understanding, aligning with Islamic principles of conflict resolution.
Adherence to principles of confidentiality and fairness would be paramount in the committee's operations. This commitment would help reinforce trust in Islamic governance structures within the community. Importantly, the committee would operate with full respect for UK civil law, ensuring that its mediation practices complement rather than conflict with the legal framework of the country.
At the end of the mediation process, the Committee would produce a written record of the meeting to be shared with all the disputing parties.
Conclusion
A local dedicated Muslim Mediation Committee through a structured yet flexible approach would offer Faith-aligned resolutions for local Islamic institutions, reducing reliance on secular courts and fostering self-sufficiency. Such an initiative would strengthen communal bonds, uphold Islamic values, and model the Islamic ideal of resolving differences.
Dr. A. Hussain, Feb. 2025