Refining Religious Arbitration in the United States and Abroad

Author(s):  
Michael J. Broyde

Basic frameworks for successful religious arbitration exist, though religious communities, particularly the growing American Muslim community, still face challenges in implementing their own ADR systems effectively. This chapter describes some of these challenges, as well as the ways in which they may be addressed. It looks to the example set by the Muslim Arbitration Tribunal, a U.K.-based Islamic arbitration organization that has successfully adopted and adapted the Beth Din of America approach to religious arbitration, as a likely model for American Muslims to build on in constructing their own ADR processes. This chapter notes that Christian communities in the United States also face challenges in their attempts to implement effective faith-based arbitration, though these challenges somewhat differ from those dealt with by the more law-centered Jewish and Muslim traditions. Christian communities have responded by creating their own religious arbitration models that conform to the technical legal requirements of the FAA.

Author(s):  
Peter Mandaville

This article explores some of the ways in which the religious lives of American Muslims are shaped by—and, in turn, shape—Islamic ideas, doctrines, organizations, and movements that circulate beyond the United States. It surveys the role of global Islam in the development of several of the most important American Muslim organizations and institutions in the twentieth century. Profiles are offered of leading American Muslim intellectuals who serve as bridges between the American Muslim community and broader religious currents in the Muslim world in order to illustrate various modalities of American Muslim transnationalism. With the rise of the internet and new media, young Muslims in the United States can today be thought of as contributors to a global Muslim public sphere.


Author(s):  
Michael J. Broyde

This chapter surveys the contemporary landscape of religious arbitration in the United States by exploring how different religious communities utilize arbitration, how these processes differ from each other, and where various faith-based dispute resolution models fall within the broader ADR spectrum. It explores developments in Jewish, Christian, and Islamic arbitration in America over the last several decades, and discusses what internal concerns and external stimuli have spurred these changes. As such, this chapter reflects on why American Catholics have not moved in the same direction as some other religious groups, which have been eager to embrace the use of religious arbitration as a means of enabling their adherents to resolve ordinary secular conflicts in accordance with religious norms and values. Finally, this chapter will discuss the historical limitations of utilizing religious arbitration in many faiths and how some have evolved to embrace the practice.


2003 ◽  
Vol 20 (3-4) ◽  
pp. 210-212
Author(s):  
Farid Senzai

"Terrorism expert" Steven Emerson has done it again. With his usual exaggeratedstyle and hate-mongering rhetoric, Emerson has painted allMuslims with the same broad brush. While trying to assure his readers atthe outset that not all Muslims are terrorists, the bulk of his new book,American Jihad, is filled with brazenly over-simplified attacks on the entireMuslim American community. This biased and heavy-handed portrayal ofMuslims is characteristic of Emerson's work - most notably his 1994 PBSvideo "Jihad in America." In American Jihad, Emerson again presents a terrifyingpicture of American Muslims as fanatical, violent people lurkingand plotting against the United States. It is thus hardly surprising that he hasgained a reputation, reminiscent of his friend Daniel Pipes, for advocatinggrand Islamic conspiracies without any credible evidence.In a rush to get to press, his latest book is a quick tabloid-style read.The book is divided into eight chapters. The first chapter deals withEmerson's "discovery" of"militant Muslims" and the subsequent makingof his PBS video "Jihad in America." The next six chapters attempt touncover the inner working of such groups as the Council on AmericanIslamicRelations (CAIR), Hamas, and al-Qaida. He also spends oneentire chapter on the terrorist infiltration of American academic institutions.Finally, in his concluding chapter, Emerson tries to encourage individualswithin the Muslim community to "fight back" against the threatthat he feels is facing the country.The book is large on print and short on analysis. For a decade,Emerson has been issuing dire, over-the-top warnings that Muslims in theUnited States pose a catastrophic threat to the country, and in this book ...


Author(s):  
Ihsan Bagby

In the Muslim world, mosques function as places of worship rather than “congregations” or community centers. Muslims pray in any mosque that is convenient, since they are not considered members of a particular mosque but of the ummah (global community of Muslims). In America, however, Muslims attached to specific mosques have always followed congregational patterns. They transform mosques into community centers aimed at serving the needs of Muslims and use them as the primary vehicle for the collective expression of Islam in the American Muslim community. This chapter provides a historical overview of mosques in America. It also looks at the conversion of African Americans into mainstream Islam starting in the 1960s, the transformation of the Nation of Islam into a mainstream Muslim group, and the growth of mosques in America. In addition, it describes mosque participants, mosque activities, mosque structures, and mosque finances as well as the American mosque’s embrace of civic engagement and the role of women in the American mosque. Finally, the chapter examines the mosque leaders’ approach to Islam.


2006 ◽  
Vol 23 (1) ◽  
pp. 144-147
Author(s):  
Fiaz Shuayb

On January 9, 2006, in Washington, DC, the Saban Center for Middle EastPolicy at the Brookings Institution hosted the highest level meeting betweenthe Bush administration and the American Muslim community. Entitled “Bridging the Divide?” and organized by the Brookings Project on USPolicy toward the Islamic World, representatives of various Muslim organizationwere granted the opportunity to interface with C. David Welch, theAssistant Secretary of the Bureau of Near Eastern Affairs. The conference,a follow-up to previous initiatives on “Bridging the Divide” theme, soughtto bring together key leaders and specialists “to explore the potential spacefor the American Muslim community to assist and advance US policytowards the Islamic world and capabilities within the community that mightbe better tapped.” In attendance were representatives from the Americangovernment, officials from a variety of American Muslim organizations,American Muslim foreign policy experts, others from the Washington thinktankand policy communities, and students.In the opening speech, Welch acknowledged several unique characteristicsabout the American Muslim community: its integration into Americancivic life; being Americans as well as Muslims; and, despite post-9/11 tensions,steering a moderate course while confronting extremist Islamist tendencies.As evidence, he cited the Fiqh Council of North America’s recentfatwa against Islamic terrorism that was endorsed by major Muslim organizations.He recognized that American Muslims can play an exceptional rolein explaining the American position, given their cultural, linguistic, and ethnicties with the Islamic world, and acknowledged the history of conflictbetween the United States and the Muslim world. In addition, he condemnedthe seeming “civilizational strife” between Islam and the West as a pointless“jihad/crusade.” He stated that he was more comfortable with the relationshipof the United States with the Muslim – especially Arab – world as beingdefined by a dialog stressing the commonalities of belief in God, virtue,family life, and socioeconomic justice ...


2021 ◽  
Vol 16 (1) ◽  
pp. 99-109
Author(s):  
İbrahim Karataş

Surveys show that, in the United States, Americans have a less favorable view of Muslims due to various reasons as opposed to American Muslims who conversely favor the American state and population. In line with this fact, this study tries to understand whether the Turkish community living in the US has different views about Americans than American Muslims do. This study makes a comparison because not all ethnic groups in the American Muslim community have the same views about Americans. While analyzing the Turkish community’s perceptions, this study also analyzes the views Americans and Muslim Americans have towards each other. The study compares previous surveys with the survey conducted among Turks living in the US and concludes that Muslims generally have the same perceptions regarding Americans. It also reveals that aside from the basic reasons which result in a negative view towards Muslims, being a small community and fragmented are two significant factors that damage the image of Muslims. In addition, it reveals that a lack of knowledge about each other increases negative perceptions.


2022 ◽  
pp. 089011712110695
Author(s):  
Sarosh Nagar ◽  
Tomi Ashaye

Vaccine hesitancy in the United States continues to hamper ongoing coronavirus vaccination efforts. One set of populations with higher-than-average initial rates of vaccine hesitancy are certain religious groups, such as white evangelicals, African-American Protestants, and Hispanic Catholics. This article discusses the reasons underlying vaccine hesitancy in these populations, focusing on new trends in religious, political, and ideological beliefs that may influence vaccine acceptance. By using recent data and empirical case studies, this article describes how these trends could hinder the effectiveness of certain vaccine promotion strategies while also improving the potential efficacy of other forms of vaccine promotion, such as faith-based outreach. (100)


2003 ◽  
Vol 20 (2) ◽  
pp. 132-134
Author(s):  
Katherine Bullock

With a picture of a minaret superimposed on the Statue of Liberty, thisbook's cover is a striking introduction to what is inside. Like the Statue ofLiberty that has acted as a beacon of freedom for wave after wave ofrefugees and immigrants, Khan argues that Muslims in America are beaconsfor the Muslim world, calling the ummah to an Islam of moderation, tolerance,and excellence; helping to bring the ummah out of its current malaiseby engaging in itjthad; and, the same time, bringing Islam to an ailing UnitedStates. And as the minaret and the Statue of Liberty also can represent polesof tension for Muslims (the love/hate relationship and the spilt personalitysyndrome that Muslims have toward the United States), Khan's book investigatesthe Muslim experience of living in the United States. He criticizes theUnited States for failing to live up to its promises of liberty for its Muslimcitizens and inhabitants, as well as for Muslims around the globe.American Muslims has eight chapters, each presenting a different angleof the relationship between being Muslim and being American. Khan setsthe scene by discussing "Islam in America" ( chapter l ), moves to "AmericanMuslims and American Politics" (chapter 2), "American Foreign Policy"(chapter 3), and "American Muslims and American Society" (chapter 4). Hethen introduces the notion of an American Muslim perspective (chapter 5)and has a chapter on the compatibility between Islam and democracy ( chai:rter 6). The 9/11 attack and its impact upon Muslims is discussed next (chai:rter 7), and the book ends with his perspective as an American Muslim onpolitics in the Muslim world (chapter 8).Khan presents forceful and consistent arguments that are both thoughtprovokingand often refreshing in their honesty. He is not afraid to say out ...


2018 ◽  
Vol 33 (03) ◽  
pp. 340-389
Author(s):  
Michael J. Broyde

ABSTRACTThis article explores whether allowing such expansive arbitration is a wise idea for the United States (and other western democracies). Like all arbitration, religious arbitration starts with a contract to arbitrate, but frequently does not invoke the law of the United States as the law to be used to resolve disputes, but instead allows parties to resolve disputes according to their own religious principles, both procedurally and substantively. The article is organized into two substantive parts. One part explores the strengths and weaknesses of the seven arguments against faith-based arbitration, which are (1) one law for one people; (2) religious arbitration produces substantive injustice; (3) religious arbitration produces procedural injustice; (4) religious arbitration is often subtly coercive to its members; (5) liberal society has a difficult time policing religious arbitration; (6) enforcement of religious arbitration sometimes violates people's rights to religious freedom; and (7) allowing religious arbitration promotes isolation and non-integration of religious communities. The next part explains and criticizes the five arguments in favor of religious arbitration, which are (1) religious arbitration is a religious freedom imperative; (2) religious arbitration can resolve some commercial disputes more accurately than secular courts can; (3) religious arbitration is the only way to resolve certain religious problems; (4) secular regulation of religious arbitration helps moderate and integrate religion; and (5) religious arbitration promotes value sharing between religious and secular cultures and as such enriches public discourse. The article concludes with an endorsement of the value of religious arbitration subject to reasonable procedural and substantive limitations.


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