Principles of Islamic Interpersonal Conflict Intervention

Principles of Islamic Interpersonal Conflict Intervention

A Search within Islam and Western Literature ©

by Amr Abdalla, LL.B., M.A.

I. Exploring Islamic Sources on Dispute Resolution

In developing models for dispute resolution within the Islamic setting, it is important to recognize two methodological parameters. First, the discussion of dispute resolution within the Islamic setting removes the focus of the research from the realm of jurisprudence to the realm of inter-disciplinary research; from legality to morality, from the literal of law to its spirit, and from application of the law to pursuit of justice. The focus of such research no longer remains to be the legal interpretations and precedents, which have been labored and documented by legal scholars over the centuries (what is known in the Islamic heritage as Fiqh). Fiqh becomes only a part of a wider research which encompasses culture, history, sociology, and psychology. For example, Qur'an provides several rules related to divorce situations and conditions. Usually these Qur'anic verses include four elements: 1) a description of a divorce situation; 2) a rule related to a certain aspect of the divorce (i.e., financial arrangements as a result of the divorce, custody or nursing children); 3) a description of the manners which parties should maintain during the process of divorce; and, 4) a reminder to the parties that they are accountable to their Creator for their actions. Fiqh usually focuses on the first two elements: the situation and the rule; together they make the Islamic law. Dispute resolution, on the other hand, attempts to maximize the benefit of applying not only the first two elements, but also the third and forth elements which relate to morality, justice and accountability. Dispute resolution, thus, attempts to operate within the larger Islamic world view, not just within its traditional legal sphere.

The second methodological parameter is related to the social justice and social change functions of dispute resolution, in relation to Islamic theory and Islamic culture. It is necessary to distinguish in such a research between the Islamic theory (consisting of the main sources of Islam, Qur'an and Sunnah), and the Islamic culture which developed over centuries of integrating the Islamic theory with cultural and traditional practices in different parts of the world. The distinction is necessary because the Islamic culture does not necessarily follow its sources in the Islamic theory. The mixing of Islamic theory with elements of existing cultures usually led to depleting Islam of its egalitarian, democratic drive. Abuses of power by Islamic rulers, abuses against women, and minorities at times, were triggered by inherent tribal and traditional norms, which overshadowed the pure Islamic message, or which forced extreme interpretations of the sources in order to justify these practices. If the dispute resolution as a social movement is considered to be an agent for social change (Laue and Cormick, 1978), it will be the responsibility of Islamic dispute resolution professionals to restore the Islamic principles of equality, justice and freedom, through their practice. Therefore, in this research it will be necessary to adhere only to Islamic sources, using interpretations which are consistent with the spirit of Islam. For example, in interpreting several of the Qur'anic verses and Hadith related to women, it is fundamental to recognize the Qur'anic emphasis on the equality of genders in terms of creation, action and accountability (Wadud-Muhsin, 1992). This foundation sets the stage for understanding several of the matters which have been, for centuries, patriarchally misinterpreted. A good example is that several of the scholars tended to emphasize certain segments of Qur'anic verses while almost ignoring others, with the result of subjugating women and reinforcing male domination.

It is not sufficient, nor is it acceptable, to generate dispute resolution models in the Islamic setting which will only maintain the status quo as described above, or which will impose western models without careful review of their advantages and their limitations. If the challenge for dispute resolution professionals in the west is against persistent forms of racism, discrimination and capitalist injustice (Laue and Cormick, 1978), for Muslims the challenge is to restore justice and equality by liberating Islam from the doctrine and cultural elements which subjugated its followers to political and social oppression.

II. Principles of an Islamic Conflict Intervention Model

An Islamic model for conflict intervention needs to reflect values, goals and processes as described in Islamic theory. The model also must respond to the specific needs and circumstances of the Muslim communities. In this respect an Islamic model of intervention may be guided by three principles:
1. Restoring to Islam its messages of justice, freedom and equality.
2. Engaging the community in the intervention and resolution processes.
3. Adjusting the intervention techniques according to the conflict situation, and its stages.

These principles are derived, as will be discussed, from Islamic sources, especially the Holy Qur'an. These principles also have support in the western literature. Specifically, this research draws upon the work of theorists in the field of conflict analysis and resolution who grounded their intervention models in ethical frameworks (Laue and Cormick, 1978, and Williams, 1978), and others who expanded their intervention models either by utilizing contingency models (Fisher and Keashly, 1991), or by engaging various roles, in addition to mediation, which could solidify the intervention process (Mitchell, 1993).

1. Restoring to Islam its Messages of Justice, Freedom and Equality
It is true that all Muslims do not necessarily adhere to their religion and religious norms when confronted with conflict situations. Muslims all over the world live in societies which are influenced by various value systems, Islam being only one of them. Modern value systems and traditional value systems usually exist simultaneously with Islamic value systems. In their daily lives and when confronted with conflict situations, individual adaptations vary. Not all Muslims adhere to the same extent to Islamic values and norms. Many, especially those living in the United States, may adhere more to secular modern value systems, especially in their interpersonal matters. Therefore, a preliminary task for interveners is to assess parties' position regarding various value systems, keeping in mind that just because parties belong to the Islamic religion does not mean that they expect or want an application of an Islamic conflict resolution model.

Just as described above, persisting cultural and traditional institutions and structures have diluted Islam of its messages of equality and its intent on social justice. It is only natural that conflict situations will contain elements of these institutions and structures. An intervener needs to assist parties in clarifying and correcting their beliefs and attitudes which are influenced by these institutions and structures. The intervener may be able to provide the information needed in this regard, or s/he may seek the assistance of other individuals in the community (i.e., religious scholars, or community leaders) who may be in a better position to provide this information.

This role of restoring to Islam the messages of justice, equality and freedom, was described in the Qur'an on several occasions (5:9, 9:71, 16:90). Almost all stories of prophets in the Qur'an indicated that the prophets confronted societies which had institutionalized social, economic or political unjust and unfair practices (7:85, 11:84-85, 21:11, 26:128-130, 26:146-152, 26:165-166, 26:181-184, 28:4-6, 29:28-29). Those who wanted to maintain the status quo usually rejected the message of a prophet because they grew accustomed to certain norms and practices, and were not about to change them (2:170, 5:107, 7:70, 10:78, 11:87, 31:21, 43:22-24). A prophet's mission was usually to lead these societies away from distorted beliefs and practices, towards justice, compassion and equality. The mission of the prophet of Islam, Muhammad, was no exception. And as Muslims aspire to model their behavior after Qur'an and Sunnah, it becomes the task of Muslim conflict interveners to replicate the process of restoring the Islamic principles (3:104, 3:110, 31:17) by clarifying to conflict parties the misperceptions and negative practices that for long have influenced their lives.

The Islamic intervention, thus, must be guided by the goals of restoring to Islam its original messages of justice, equality and freedom, especially to those who have been disempowered over ages and centuries of distortion, misinterpretations, and domination of traditional norms. The Islamic model, however, is unique with its emphasis on modeling norms and behavior after the sources in Qur'an and Sunnah. Therefore, the efforts of empowerment and search for common good in an Islamic settings must go through a process of reinterpretation of sources, revealing and understanding the main principles of these sources, and reviving the spirit of equality and justice. Such a process of reinterpretation was labeled by John Esposito (1988) as the neomodernist. According to him, those representing this group "are activists who look to the early Islamic period as embodying the normative ideal...[they] distinguish sharply between the principles and values of Islam's immutable revelations and the historically and socially conditioned institutions and practices that can and should be changed to meet contemporary conditions." (Esposito, 1988, p.181-182)

A conflict intervener in an Islamic setting may not have all the resources, credibility and knowledge to address all these matters. S/he may have to rely on other resources to ensure proper interpretation and restoration of the Islamic principles. In addition, s/he may also need to engage others in the community who could provide to a conflict resolution its legitimacy, sustainability and effectiveness. All these are the matters of the second principle: Engaging the community in the intervention and resolution processes.

2. Engaging the Community in the Intervention and Resolution Processes
Islamic theory and culture always emphasized a strong sense of community. Unlike the western emphasis on the individual as the basic unit of the society, Islamic culture, and Islamic theory as well, regard family as the basic unit (although individual accountability is strongly emphasized in Qur'an) . The entire social organization in an Islamic setting is based on what the Turkish social psychologist Cigdem Kagitcibasi called "the culture of relatedness" as opposed to "the culture of separateness" (Kagitcibasi, 1994, p.61). "The culture of relatedness refers to the family culture and inter-personal relational patterns characterized by dependent-interdependent relations with overlapping personal boundaries." (Kagitcibasi, 1994, p.62).

The Islamic theory, especially as presented in several Hadith (statements made by the Prophet Muhammad), emphasized this notion of relatedness and community (Alfahim, 1988) . Further, these statements, along with several Qur'anic verses (2:177, 4:36, 4:58, 4:75, 4:97-100, 4:135, 5:9, 49:10) advocated active involvement with community issues, standing up for justice (even against self and loved ones), and taking action in resolving disputes.

Among several western writers on Islam or on community building, Mary Clark (1990), when looking at contemporary institutions which foster shared meaning and social bonding, stated that "[t]he major religions of the world, of course, come first to mind. It is no accident that they arose in parallel with the earliest civilizations, largely to ameliorate some of their worst excesses, and even today they represent important sources of sacred social meaning for tens of millions of people. Islam is perhaps the chief contemporary example (Clark, 1990, p.51).

This strong sense of relatedness and community could be utilized for the benefit of conflict intervention in Islamic settings. A conflict intervener must not assume that the community is made of independent autonomous individuals who expect that interpersonal conflict intervention will take place only between primary parties and the intervener. An Islamic setting is likely more engaging and involving of other entities and parties in any given conflict (for example, extended family members). This involvement of others could be a strength for conflict intervention. In doing so, Muslim interveners, and those whose aid is needed to resolve a conflict, would be modeling Islamic norms and principles as described in Qur'an and Sunnah. In addition, building on the strength of the community, and its culture of relatedness, would put to useful purposes resources that are otherwise wasted or neglected.

In an Islamic setting, a professional conflict intervener may function in the capacity of an orchestrator. S/he may then utilize the expertise, clout and influence of a variety of community members to facilitate the intervention process, and to secure a sustainable resolution or agreement.

One role which may be rather crucial for the Islamic setting, is that of an interpreter of Islamic sources. As mentioned earlier, the task of interpretation is necessary for a successful modeling of Islamic values and principles. In some instances parties may accept an intervener's interpretation of certain issues, but in others they may not. The question of who to interpret, and with what authority, has troubled the modern Islamic intellectuals (Esposito, 1988, p.174-175). There is no easy answer to this question. But guided by the methodological principles set earlier, an intervener should assist parties in exploring interpretations which are consistent with values of equality and justice, and which separate Islam from traditional, authoritarian, restrains.

3. Adjusting the Intervention Techniques According to the Conflict Situation, and its Stages
The premises of this principal is that the dynamics of conflict vary according to the stage at which the conflict is. Additionally, a conflict does not necessarily go through a linear progression; more than likely it goes through "ups and downs." In the Islamic theory, an intervention technique should best correspond to the stage of a conflict with the purpose of restoring justice and adhering to Islamic principles and values. Therefore, Qur'an, in a clear example of adjusting third party's intervention according to conflict stages, promoted reconciliation as an intervention technique between two disputing factions. Yet, Qur'an mandated a more active role against one party if it transgresses. Once the transgression is brought under control, the third part returns to the reconciliation mode, with the purpose or restoring justice. The ultimate goal of third party intervention has been declared to be that of reconciling members of the community (49:9-10).

Qur'an also declared adjustable intervention in marital disputes. It distinguished between situations of marital disagreement (sheqaq) versus situations of deviance (neshouz) by one spouse. In the former situation, Qur'an mandated the intervention by two third parties representing each spouse. In the latter situation (despite great controversy over the interpretation of some words) Qur'an mandated a contingency process to be followed by the man, and another to be followed by the woman (4:34-35 and 4:128-130), where each party is responsible to take actions to restore normalcy to the relationship, and should all these efforts fail, to pursue divorce.

In general, Qur'an, and the Prophetic examples, show that Islamic theory advocates an adjustable model for intervention in all types of disputes. The Islamic theory is guided by the principles of justice and adherence to the values of Islam. Therefore, third parties are expected to function in a reconciliatory mode, unless clear injustice or deviance take place. In this case third parties should get actively involved in restoring justice and eliminating deviance, before returning to the reconciliatory role.

1. Restoring to Islam its Messages of Justice, Freedom and Equality
It is true that all Muslims do not necessarily adhere to their religion and religious norms when confronted with conflict situations. Muslims all over the world live in societies which are influenced by various value systems, Islam being only one of them. Modern value systems and traditional value systems usually exist simultaneously with Islamic value systems. In their daily lives and when confronted with conflict situations, individual adaptations vary. Not all Muslims adhere to the same extent to Islamic values and norms. Many, especially those living in the United States, may adhere more to secular modern value systems, especially in their interpersonal matters. Therefore, a preliminary task for interveners is to assess parties' position regarding various value systems, keeping in mind that just because parties belong to the Islamic religion does not mean that they expect or want an application of an Islamic conflict resolution model.

Just as described above, persisting cultural and traditional institutions and structures have diluted Islam of its messages of equality and its intent on social justice. It is only natural that conflict situations will contain elements of these institutions and structures. An intervener needs to assist parties in clarifying and correcting their beliefs and attitudes which are influenced by these institutions and structures. The intervener may be able to provide the information needed in this regard, or s/he may seek the assistance of other individuals in the community (i.e., religious scholars, or community leaders) who may be in a better position to provide this information.

This role of restoring to Islam the messages of justice, equality and freedom, was described in the Qur'an on several occasions (5:9, 9:71, 16:90). Almost all stories of prophets in the Qur'an indicated that the prophets confronted societies which had institutionalized social, economic or political unjust and unfair practices (7:85, 11:84-85, 21:11, 26:128-130, 26:146-152, 26:165-166, 26:181-184, 28:4-6, 29:28-29). Those who wanted to maintain the status quo usually rejected the message of a prophet because they grew accustomed to certain norms and practices, and were not about to change them (2:170, 5:107, 7:70, 10:78, 11:87, 31:21, 43:22-24). A prophet's mission was usually to lead these societies away from distorted beliefs and practices, towards justice, compassion and equality. The mission of the prophet of Islam, Muhammad, was no exception. And as Muslims aspire to model their behavior after Qur'an and Sunnah, it becomes the task of Muslim conflict interveners to replicate the process of restoring the Islamic principles (3:104, 3:110, 31:17) by clarifying to conflict parties the misperceptions and negative practices that for long have influenced their lives.

The Islamic intervention, thus, must be guided by the goals of restoring to Islam its original messages of justice, equality and freedom, especially to those who have been disempowered over ages and centuries of distortion, misinterpretations, and domination of traditional norms. The Islamic model, however, is unique with its emphasis on modeling norms and behavior after the sources in Qur'an and Sunnah. Therefore, the efforts of empowerment and search for common good in an Islamic settings must go through a process of reinterpretation of sources, revealing and understanding the main principles of these sources, and reviving the spirit of equality and justice. Such a process of reinterpretation was labeled by John Esposito (1988) as the neomodernist. According to him, those representing this group "are activists who look to the early Islamic period as embodying the normative ideal...[they] distinguish sharply between the principles and values of Islam's immutable revelations and the historically and socially conditioned institutions and practices that can and should be changed to meet contemporary conditions." (Esposito, 1988, p.181-182)

A conflict intervener in an Islamic setting may not have all the resources, credibility and knowledge to address all these matters. S/he may have to rely on other resources to ensure proper interpretation and restoration of the Islamic principles. In addition, s/he may also need to engage others in the community who could provide to a conflict resolution its legitimacy, sustainability and effectiveness. All these are the matters of the second principle: Engaging the community in the intervention and resolution processes.

2. Engaging the Community in the Intervention and Resolution Processes
Islamic theory and culture always emphasized a strong sense of community. Unlike the western emphasis on the individual as the basic unit of the society, Islamic culture, and Islamic theory as well, regard family as the basic unit (although individual accountability is strongly emphasized in Qur'an) . The entire social organization in an Islamic setting is based on what the Turkish social psychologist Cigdem Kagitcibasi called "the culture of relatedness" as opposed to "the culture of separateness" (Kagitcibasi, 1994, p.61). "The culture of relatedness refers to the family culture and inter-personal relational patterns characterized by dependent-interdependent relations with overlapping personal boundaries." (Kagitcibasi, 1994, p.62).

The Islamic theory, especially as presented in several Hadith (statements made by the Prophet Muhammad), emphasized this notion of relatedness and community (Alfahim, 1988) . Further, these statements, along with several Qur'anic verses (2:177, 4:36, 4:58, 4:75, 4:97-100, 4:135, 5:9, 49:10) advocated active involvement with community issues, standing up for justice (even against self and loved ones), and taking action in resolving disputes.

Among several western writers on Islam or on community building, Mary Clark (1990), when looking at contemporary institutions which foster shared meaning and social bonding, stated that "[t]he major religions of the world, of course, come first to mind. It is no accident that they arose in parallel with the earliest civilizations, largely to ameliorate some of their worst excesses, and even today they represent important sources of sacred social meaning for tens of millions of people. Islam is perhaps the chief contemporary example (Clark, 1990, p.51).

This strong sense of relatedness and community could be utilized for the benefit of conflict intervention in Islamic settings. A conflict intervener must not assume that the community is made of independent autonomous individuals who expect that interpersonal conflict intervention will take place only between primary parties and the intervener. An Islamic setting is likely more engaging and involving of other entities and parties in any given conflict (for example, extended family members). This involvement of others could be a strength for conflict intervention. In doing so, Muslim interveners, and those whose aid is needed to resolve a conflict, would be modeling Islamic norms and principles as described in Qur'an and Sunnah. In addition, building on the strength of the community, and its culture of relatedness, would put to useful purposes resources that are otherwise wasted or neglected.

In an Islamic setting, a professional conflict intervener may function in the capacity of an orchestrator. S/he may then utilize the expertise, clout and influence of a variety of community members to facilitate the intervention process, and to secure a sustainable resolution or agreement.

One role which may be rather crucial for the Islamic setting, is that of an interpreter of Islamic sources. As mentioned earlier, the task of interpretation is necessary for a successful modeling of Islamic values and principles. In some instances parties may accept an intervener's interpretation of certain issues, but in others they may not. The question of who to interpret, and with what authority, has troubled the modern Islamic intellectuals (Esposito, 1988, p.174-175). There is no easy answer to this question. But guided by the methodological principles set earlier, an intervener should assist parties in exploring interpretations which are consistent with values of equality and justice, and which separate Islam from traditional, authoritarian, restrains.

3. Adjusting the Intervention Techniques According to the Conflict Situation, and its Stages
The premises of this principal is that the dynamics of conflict vary according to the stage at which the conflict is. Additionally, a conflict does not necessarily go through a linear progression; more than likely it goes through "ups and downs." In the Islamic theory, an intervention technique should best correspond to the stage of a conflict with the purpose of restoring justice and adhering to Islamic principles and values. Therefore, Qur'an, in a clear example of adjusting third party's intervention according to conflict stages, promoted reconciliation as an intervention technique between two disputing factions. Yet, Qur'an mandated a more active role against one party if it transgresses. Once the transgression is brought under control, the third part returns to the reconciliation mode, with the purpose or restoring justice. The ultimate goal of third party intervention has been declared to be that of reconciling members of the community (49:9-10).

Qur'an also declared adjustable intervention in marital disputes. It distinguished between situations of marital disagreement (sheqaq) versus situations of deviance (neshouz) by one spouse. In the former situation, Qur'an mandated the intervention by two third parties representing each spouse. In the latter situation (despite great controversy over the interpretation of some words) Qur'an mandated a contingency process to be followed by the man, and another to be followed by the woman (4:34-35 and 4:128-130), where each party is responsible to take actions to restore normalcy to the relationship, and should all these efforts fail, to pursue divorce.

In general, Qur'an, and the Prophetic examples, show that Islamic theory advocates an adjustable model for intervention in all types of disputes. The Islamic theory is guided by the principles of justice and adherence to the values of Islam. Therefore, third parties are expected to function in a reconciliatory mode, unless clear injustice or deviance take place. In this case third parties should get actively involved in restoring justice and eliminating deviance, before returning to the reconciliatory role.

Selected Bibliography

Alfahim, A. The 200 Hadith. Abu Dhabi Printing and Publishing. 1988. Abu Dhabi.

Ali, A. The Holy Qur'an: Text, Translation and Commentary. Amana Corp. 1983. MD.

Clark, M. "Meaningful Social Bonding as a Universal Human Need." In Conflict: Human Needs Theory. Burton, J. (eds). St. Martin's Press. 1990. N.Y.

Esposito, J. Islam the Straight Path. Oxford University Press. 1988. NY.

Fisher, R. and Keashly, L. "The Potential Complementarity of Mediation and Consultation within a Contingency Model of Third Party Intervention." Journal of Peace Research. V28. N1. 1991.

Kagitcibasi, C. "A Critical Appraisal of Individualism and Collectivism: Toward a New Formulation." In Individualism and Collectivism. Kim, et al (eds). Sage Publications. 1994. CA.

Laue, J. and Cormick, G. "The Ethics of Intervention in Community Disputes." In The Ethics of Social Intervention. Bermant, G. et al (eds). Halsted Press. 1978. D.C.

Mitchell, C. "The Process and Stages of Mediation." In Making war and Waging Peace: Foreign Intervention in Africa. Smock, D. (eds). United States Institute of Peace. 1993. D.C.

Wadud-Muhsin, A. Qur'an and Women. Penerbit Fajar Bakti Sdn. Bhd. 1992. Malaysia.

Williams, P. "Comments on 'the Ethics of Intervention in Community Disputes'." In The Ethics of Social Intervention. Bermant, G. et al (eds). Halsted Press. 1978. D.C.