The Muslim Arbitration Tribunal
The Muslim Arbitration Tribunal (mat) was set up in Nuneaton in 2007 as a “unique Alternate Dispute Resolution organisation which deals with Islamic Sacred Law within the context of the English Legal System”?[19] It features a number of branches all over the country; of those especially Bradford, Manchester and London were said by Faizul Aqtab Siddiqi, chairman of mat, to be facing increasing numbers of cases?[20] Tanya Walker and John Bowen stress that public statements giving the impression that a number of Muslim arbitration tribunals or mat branches already existed all over the UK have to be considered carefully, as this assumption only arose out of the chairman's activities in different cities?[21] Siddiqi himself explained that their branches are basically facilities on demand, which are set up in mosques, community centres or hotel rooms around the country as and when needed, with arbitrators travelling there for the occasion.
Their number was given as eleven in 2012 by Siddiqi himself, but was said to be increasing.[22] [23] [24] [25] [26] [27] [28] [29] [30] [31]Siddiqi, interview 2012.
mat headquarters are based at “Hijaz Manor”, large premises formerly known as “Higham Grange”, built as a hunting lodge and later on used as a rehabilitation centre/1 located near Nuneaton in the Midlands and thus in a remote but nonetheless central spot within the United Kingdom. It houses “Hijaz College”, an “Islamic University” which, according to its website, is not recognised as such in the UK but still offers classes in Islamic law and theology from basic levels up until MA level.22 Hijaz College was founded by Allama Muhammad Abdul Wahab Siddiqi, who was born and educated in Pakistan and came to the UK at the age of 30 in 1972/3 He died in 1994, the year of the establishment of Hijaz College/4 and is buried in a mausoleum on the premises.
His son Faizul Aqtab Siddiqi, who is a barrister at law at the same time as being an Islamic scholar, is the principal of Hijaz College and chairman of MAT as well as being head or founder of several other Muslim institutions and networks. He has inherited the position of “Head of the Naqshbandi Hijazi Spiritual Sufi Order” from his father/5 During the two interviews I conducted with Siddiqi and another scholar at mat, not once did they refer to being Sufi or mention the relevance of spirituality to their work directly - whereas Bowen clearly marks the “spiritual dimension’^6 as a paramount factor distinguishing mat from other institutions. Walker further explains that some of mat's cases emerge from spiritual meetings which “appear to provide the context in which much of the family and marital mediation and dispute resolution occurs.’^7 She describes as a “common misconception” that mat's work is usually supposed to consist mainly of official procedures of alternative dispute resolution and mediation; this public impression ist not being put straight but rather further promoted by mat/8 In line with this, Bowen confirms what I have found in the interviews as well: “[t]o non-Sufis and, more importantly, non-Muslims, Siddiqi underlines his status as barrister and his role as arbitrator, and most people know of his activities under the rubric of mat/9Siddiqi says that mat understands itself as an institution offering a service to Muslims in the UK in line with halal food, mosques and Quran classes. He argues that in a civilised, pluralistic society, citizens need and should have access to “their institutions” whether they are religiously or otherwise motivated, in order to feel “at home” - as long as they do not affect other people.[32] But he also stresses that they, as an institution, “are here as a service, not [...] to spread Islam or to glorify Islam”[33] [34] [35] [36] [37] [38] [39] Their aim, he says, is “to help the community and our young people who are suffering.”'*2 In order to do so mat offers a range of services, including dispute resolution through mediation or arbitration, Islamic divorces, drawing up Islamic wills and interpreting existing wills according to Islamic principles, advice, counselling and mentoring. In 2015, Siddiqi and his assistant estimated the amount of cases of dispute resolution they handle at 30-60 a month, of which about 20% are related to matrimonial or divorce issues, 10% are arbitrations and the rest are cases involving mediation3* Given the fact that matrimonial and divorce cases can also include mediation and because of a lack of statistics, I suggest to take these numbers as an only rough estimation of the ratio of the different cases and types of procedures. mat relies on solicitors and barristers - Siddiqi being a barrister and two of his brothers and his brother-in-law being practising solicitors*5 - as well as on trained or at least experienced mediators and arbitrators.*6 It can even count an English District Judge amongst its staff, who was officially given permission to act as an arbitrator for mat.*7 Siddiqi, while explaining their organisational setup, at times referred to the non-administrative staff as “judges”, which underlines that he aims at depicting the status of his institution as an arbitration tribunal. He stresses that the majority of staff are third and fourth generation Muslims, having grown up in the UK, and hence understand the needs of their mostly young clients. Procedures are usually carried out in English, but most staff is at least bilingual and interpreters are used, should this become necessary in a case. Some of the “judges” - Siddiqi calls these (and himself) “hybrids” - are trained both in English law and as Islamic scholars.[40] He says that about 40% of staff at mat are women, which he proudly states is better than in the English courts[41] All mediators and arbitrators are volunteers and only paid their expenses.[42] This might in part explain the relatively low fees mat charges for its services. The institution’s website gives the costs for a khulc, an Islamic divorce applied for by the wife, at £ 300, drafting and executing a will at £ 200. Siddiqi specifies that a mediation or arbitration would cost about £ 50 to £ 500, depending on how complex the case is[43] [44] [45] [46] mat claims to be a noncommercial organisation^2 being - as is Hijaz College - part of Jamia Islamia (Islamic Studies Centre) Trust, which is a registered charity. When studying the two institutions, the charity and the persons involved, it also becomes clear that they are closely intertwined - two of Siddiqi’s brothers being members of the Board of Trustees of Hijaz College as well as of Jamia Islamia Trust.43 3