Alternative Dispute Resolution in a Muslim Community: The Shia Imami Ismaili Conciliation and Arbitration Boards

Abstract

This chapter focuses on the modern-day Shia Ismaili Muslim communities in Britain, Canada, the USA, and Western Europe which comprises mainly of Asian immigrants from eastern and southern Africa. It highlights the Ismaili Muslim dispute-resolution system, which finds its provenance in the Quran, Traditions of the Prophet Muhammad, the teachings of the past Ismaili Imams and the principles of the Shia Imami Ismaili School of Jurisprudence according to which, Imam of the time provides the necessary guidance on matters of law. The Ismaili Constitution outlines the composition of the Boards and stipulates their tasks which, inter alia, include providing rules of procedure and authority to constitute Regional Conciliation and Arbitration Boards within their jurisdictions. In keeping with the Aga Khan’s guidance, an international training programme was launched in England in 2000 with a view to upgrading the skills of the many volunteers comprising the network and thus strengthening the whole arbitration, mediation and conciliation system of the Ismaili community worldwide.