عدلوا هو أقرب للتقو'ى
‘Practice Justice, It beckons God-Piety’
Q. 5:8
As Muslims, we believe Islām has provided guidance for every aspect of life. This includes ritual worship (five pillars), personal (nikāḥ, ṭalāq, khul`ah, inheritance etc.) and public life (professional, commercial, legal etc.). Therefore, whether one is preparing for nikāḥ, starting a business (mu’āmalāt) or organising inheritance (warāsah/ waṣāyā), there is comprehensive Islāmic material available on every topic.
However, when a dispute arises, we usually apply to the courts to find a resolution, even though there is no legal requirement to do so. This is to say, there are also other formal mechanisms, besides litigation, to achieve a resolution. ADR (alternative dispute resolution) also known as NCDR (non-court dispute resolution) is an out of court resolution process that includes mediation and arbitration. In the case of family disputes, parties are, in fact, expected to have at least tried mediation prior to applying to the courts. However, where NCDR is deemed unsuitable, parties will have no alternative but to seek the court’s assistance. Nevertheless, there are differences between both processes and disputing-parties should carefully consider these before deciding on their preferred resolution route.
The court process usually involves lawyers, who can charge £100.00 - £350.00 per hour, in addition to court fees and filing costs. Thus, litigation can cost parties thousands of pounds. Moreover, litigation can be adversarial, at times, and potentially add to the time it takes the court to make an order. Furthermore, litigating-parties may have little input in the decision-making process and therefore, there is no knowing what the court will order.
عدلوا هو أقرب للتقو'ى
‘Practice Justice, It beckons God-Piety’
Q. 5:8
In contrast, the cost of mediation is usually £400.00 - £1250.00 per party. In addition to this, a resolution via mediation is usually reached within a few sessions. This is because mediation enables a collaborative approach that keeps the parties at the centre of the decision-making process. Consequently, parties achieve a resolution that, not only, is agreed by them, but is also more cost and time efficient. In sum, where suitable, NCDR is the obvious formal mechanism to achieve a resolution.
Sharīàh Consultancy London has incorporated ADR practices with Islāmic resolution principles of justice and efficiency along with universal ideals of collaboration and empowerment to facilitate a unique resolution service. We have successfully pioneered a service that not only better serves the community but is also in line with their faith-requirements.
Our voluntary services are delivered in accordance with the Islāmic ethos of professionalism, confidentiality, impartiality and without-prejudice. Our experienced consultants comprise a variety of professionals including Islāmic scholars, legal experts and trained ADR practitioners who have a passion for empowering parties to find a resolution.
عدلوا هو أقرب للتقو'ى
‘Practice Justice, It beckons God-Piety’
Q. 5:8
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Where we are unble to provide you with the support you require, we will sign post you to suitable services.