An Overview of Islamic Dispute Resolution in the United States

This paper provides a comprehensive overview of Islamic dispute resolution practices in the United States, addressing the intersection of U.S. secular law and Islamic legal traditions. It begins with an examination of the U.S. Muslim population and explores how constitutional guarantees of religious freedom as well as the U.S. arbitration laws and the types of alternative dispute resolution (ADR) used in the United States have enabled religious communities to establish faithbased dispute resolution systems, such as Christian Conciliation and rabbinic tribunals, whose decisions are enforced by U.S. courts. The main focus of this paper is on Islamic dispute resolution traditions such as ṭaḥkīm and their practical application, describing the types of Islamic dispute resolution organizations that have been developed in the United States over the past few decades and how they function, aiming to provide insights into the evolving role of Islamic dispute resolution within the U.S. legal framework.

Authors

Publication Details

Journal
darulfunun ilahiyat
Published
2025-02-28
DOI
https://doi.org/10.26650/di.2024.35.1561956
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

An Overview of Islamic Dispute Resolution in the United States

Lee Ann Bambach, Yasemin Çelikhası
darulfunun ilahiyat
Islamic Finance and Banking Studies
article

An Overview of Islamic Dispute Resolution in the United States

Lee Ann Bambach, Yasemin Çelikhası
article en

Abstract

This paper provides a comprehensive overview of Islamic dispute resolution practices in the United States, addressing the intersection of U.S. secular law and Islamic legal traditions. It begins with an examination of the U.S. Muslim population and explores how constitutional guarantees of religious freedom as well as the U.S. arbitration laws and the types of alternative dispute resolution (ADR) used in the United States have enabled religious communities to establish faithbased dispute resolution systems, such as Christian Conciliation and rabbinic tribunals, whose decisions are enforced by U.S. courts. The main focus of this paper is on Islamic dispute resolution traditions such as ṭaḥkīm and their practical application, describing the types of Islamic dispute resolution organizations that have been developed in the United States over the past few decades and how they function, aiming to provide insights into the evolving role of Islamic dispute resolution within the U.S. legal framework.

darulfunun ilahiyatVol. 35(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 95%
Islamic Finance and Banking Studies
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