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Religious Authority and Family Dispute Resolution among Moroccan Muslims in the Netherlands

于Journal of Muslims in Europe
著者:
Arshad Muradin Faculty of Law, Leiden University Leiden The Netherlands

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https://orcid.org/0000-0003-4987-0421

Abstract

The article aims to provide an insight into how ‘ordinary’ Muslims look for workable solutions to family and marital disputes in line with their cultural and religious values. More specifically, it looks into the informal processes of reconciliation (sulh) with the assistance of imams of local mosques, primarily among Muslims with Moroccan roots in the Netherlands. Relevant questions that are addressed are: What types of disputes are settled within the (religious) community? Who are the authorities involved? How do they obtain, claim or create authority? Why do Muslim women and men choose these processes over formal litigation? What do they hope to gain from these processes? And what kind of solutions are offered to disputants?

1 Introduction

It is more than half a century since the so-called ‘guest workers’ (gastarbeiders), the first migrants with a Muslim background, arrived in the Netherlands. At the present time, we can assume that these Muslims with Moroccan or Turkish roots have lost their sojourner status and have become permanent members of Dutch society.1 This has implications for the ways in which Islam is lived, practised and experienced by an increasing number of Muslims. The field of Islamic authority is one of many areas where signs of change can be observed in major demographic, economic and societal transformations. In the case of the Netherlands, the proportion of Muslims born and raised in the country is increasing rapidly. Furthermore, there is a growing diversity among Muslims with regard to their societal, educational and legal position in society.2 This has not resulted in a decrease in religiosity under the influence of secularisation and modernisation as many observers predicted.3 On the contrary, the ways individual Muslims experience their contemporary lives in Dutch society have diversified enormously.

Although many publications in recent decades have disclosed important information about such transformations with all their legal and political consequences, most studies do not capture the wide array of informal initiatives through which new forms of Muslim religiosity and Islamic normativity come into being. For example, there is a growing corpus of literature that considers the legal space Muslim minority communities enjoy in matters of family law within the legal systems of various West European countries.4 Several studies have been published in the Netherlands on religious marriages,5 Islamic divorce,6 polygamy,7 and the sharia in general.8 However, sound empirical knowledge and understanding about the ideas and normative practices of Muslims within immigrant communities are still remarkably scant, particularly concerning informal processes of family dispute resolution. Practice shows that Muslims (although not all of them) request assistance from people in their immediate circles, such as family members and close friends, and turn to imams of local mosques and other respected ‘key persons’ in the community to look for workable solutions to their private and family disputes. This form of ‘informal dispute resolution’ has long been in use among the Catholic, Protestant and Jewish communities in the Netherlands and can be practised by various non-official authorities who enjoy trust and respect by their audience, although the outcomes are by no means necessarily seen as legally binding.

The main objective of this contribution is to provide an insight into how ‘ordinary’ Muslims look for workable solutions to family and marital disputes in line with their cultural and religious values. More specifically, it looks into the informal processes of reconciliation (sulh) with the assistance of imams of local mosques primarily among Dutch-Moroccan Muslims. In so doing, this article aims to provide answer to questions such as: What types of disputes are settled within the minority community? Who are the authorities involved? How do they obtain, claim or create authority? Why do Muslim women and men choose these processes over formal litigation? What do they hope to gain from these processes? And what kind of solutions are offered to disputants?

2 Focus and Research Method

In line with various studies in the field of sociology and (legal) anthropology on conflict resolution, this study has found that, before a conflict is brought before a state court, other possibilities for reaching a negotiated solution have often already been exhausted.9 Hence, we can say that the bulk of family conflicts among Muslims in the Netherlands are resolved outside of state courts. This is not strange, because systems of ‘private ordering’ with their own processes, norms and values exist within families and (religious) communities throughout the world. Such informal systems typically operate ‘below the radar’ and are often unknown or inaccessible to outsiders. They can be meaningful for those who choose to use them, especially if the system offers strategic outcomes not available in other more formal or state-orientated systems. The search for a solution through the judicial process is therefore only one of the many modalities for restoring family balance. Resorting to state law implies giving up one’s private life and breaking with the logic that private conflicts should be settled within one’s own circle. Muslim mediators guarantee the preservation of the required intimacy and seclusion of family life. Furthermore, private ordering systems usually have no fixed procedures or formal monitoring, allowing for greater flexibility to look for workable solutions without having to expose the private affairs of the parties involved to the outside world. This is the case when we look at the mechanism of family dispute resolution among Moroccan Muslims in the Netherlands, which occurs frequently and informally with the aim of resolving marital conflicts between spouses with the assistance of imams of local mosques.

In order to map out the mechanism of informal dispute resolution, the researcher interviewed local imams of local mosques and larger Islamic centres, mainly in Leiden, The Hague and Rotterdam, and to a lesser extent also in Amsterdam and Utrecht.10 In addition, the researcher was given exceptional permission to personally attend mediation sessions in mosques or people’s homes. The research can be characterised as ‘sensitive’ because, on the one hand, there is a certain fear of the sharia and the existence of possible ‘parallel legal systems’ on Dutch territory, while on the other, members of the Muslim community are reluctant to share information on family problems with outsiders. The researcher was able to follow and observe the entire mediation process, from the moment a dispute was brought before the religious authority, up to the achievement of a reconciliation (sulh), and sometimes even longer, in order to find out how the parties deal with the solutions obtained.

3 Imams as Agents of Religious Authority

This study found that Moroccan imams, as agents of religious authority, are nowadays often turned to by the community they serve for spiritual leadership and guidance in times of both joy and sorrow, which leads to their involvement in rituals associated with birth, marriage, divorce and death. In contrast to the current situation in their countries of origin, where imams are primarily engaged in leading daily prayers in the mosque and delivering the Friday sermon, imams in the Netherlands are faced with many demands and evolving roles in Muslim communities.11 In addition to giving religious advice (nasiha) and judgements (fatwas), imams of Moroccan origin indicate that they also concern themselves to a great extent with settling disputes. This may involve internal disputes within the mosque where they are employed, but they are also almost on a daily basis approached by members of the community to facilitate mediation (wisata), counselling (istishara) or reconciliation (sulh). In most cases, disputes revolve around family and marital problems, which is not strange because, just as members of the community wish to marry according to their cultural and religious norms, they also might want to submit their disputes to the same religious authority that concludes religious marriages, or at least provides religious advice and rulings on marriage and family issues.

Historically, Moroccan traditional society had its own informal dispute resolution processes based on tribal (qabaliyya) and customary (ʿurf) laws to resolve interpersonal disputes. Although the chief of the tribe or the eldest member of the family typically acted as mediator, conciliator or arbitrator, the imam of the mosque was also among the actors who, in addition to his religious duties and responsibilities, had a social role to assist and advise people living in the neighbourhood surrounding the mosque. Imams were considered wise and respected persons, both for their religious knowledge and for the example they set in their society. Moreover, imams were generally also responsible for the traditional education of the children of the neighbourhood, which brought them in direct contact with their (grand)parents, uncles, aunts and other family members. The position of the imam sometimes allowed him to become a spokesperson for a child, especially in times of family crisis, which gave him permission actively to reason with arguing spouses in the private setting of the mosque or home. This mode of intervention by imams is still present today in small remote villages; however, with the modernisation of Moroccan cities and the arrival of new actors in the field of family counselling, such as professionally trained mediators, their role is now predominantly confined to the religious domain.12 In the absence of the authority and control of the extended family and tribe in the Netherlands, the first generation of Moroccan migrants has naturally fallen back on the traditional role of the Moroccan imam as mediator and dispute resolver.

Since the 1970s and 1980s, board members of local mosques in the Netherlands looked for qualified imams in the country of origin. As a result, the great majority of imams living and working in the Netherlands today have been brought in from Turkey and Morocco, and sometimes even from the same region as many of the board members and mosque attendees. They were thus already familiar with the background and reputation of the ‘imported’ imam. In Moroccan religious circles, the general preference has always been for an imam who has memorised the Qurʾan from childhood and is trained in classical Arabic language and religious texts. Believers explain that the respect many of them have for the position of the imam stems from the following Prophetic tradition: ‘“Verily, Allah has His own people among mankind.” They said, “O Messenger of Allah, who are they?” The Prophet said, “They are the people of the Qurʾan, Allah’s own people and those who are closest to Him.”’13 According to Muslim scholars this means that those who memorise the Qurʾan and act in accordance with it (i.e. whose behaviour is free of misconduct) are ‘the people of Allah’, who are as close to God as a person’s family is to him. This name is given to them by way of honouring them, just as the Kaʿba (in Mecca) is called ‘the House of God’ (Bayt Allah). In addition, Moroccan imams are often referred to as ‘carriers of the Qurʾan’ (hamil al-Qurʾan), indicating that they literally carry the entire ‘message of the Islam’ (risala), as revealed by God through His Messenger, in their hearts. It is against this background that believers respect the person of the imam as the religious guardian of the community.

The imam leads his life as well as possible in line with the core principles and basic values taught in Islam, such as taqwa (piety, awareness of God), ʿadl (justice), amana (trustworthiness) and al-mas`uliyya (responsibility). According to the Moroccan imams interviewed for this study, these principles must be present in every person, family, group, community or organisation if the goal is to achieve a better life among mankind (in this world) and in the eyes of God (in the Hereafter). The first principle is as old as mankind and implies teaching every individual to worship God, obey His commandments and avoid His prohibitions. The measure of goodness is therefore piety, because the most honoured or noble of persons in the eyes of God are those who have the greatest taqwa. The second principle of justice stems from the Qurʾanic verse: ‘Adhere to justice, for that is closer to awareness of God.’14 This principle covers all domains of life and orders every Muslim to be fair and uphold justice for himself, his family, members of society and others who have a different religion. The third principle teaches that every person who has received things, authority or power on trust should be honest and trustworthy. In relation to the context of family dispute resolution, al-amana means that anyone who is informed about the personal problems of others has the religious obligation to keep that information hidden and not allowed to disclose such (secret) information to others without the permission of the person involved. This command is easily obeyed by those who have taqwa. The fourth principle is derived from the following Prophetic tradition:

Every one of you is a shepherd and is responsible for his flock. The leader of people is a guardian and is responsible for his subjects. A man is the guardian of his family and he is responsible for them. A woman is the guardian of her husband’s home and his children and she is responsible for them …15

Seen in the context of this study, this principle places responsibility on the shoulders of every believer, whether they are spouses, parents or children. They will all be held accountable for what they have done to those under their guardianship.

Imams who facilitate reconciliation are, from a religious point of view, actively encouraged to put effort in bringing people in conflict together. Reconciliation is considered among the noblest acts of worship with the prospect of immense divine rewards (ajr or hasanat). This becomes clear by a much quoted Prophetic tradition:

‘Shall I not inform you of something that is superior in rank to (voluntary) prayer, fasting, and charity?’ They replied: ‘Yes, O Messenger of God.’ He said, ‘Reconciling between people, for the evil of discord is the eraser (i.e. destroyer of faith).16

Due to the high importance ascribed to reconciliation, the Prophet granted permission to resort to ‘white lies’ in order to bring about reconciliation between people engaged in conflict, such as spouses: ‘The one who attempts to reconcile between people and speaks of good (in order to avert a dispute), or conveys goodness is not a liar.’17 Muslim scholars are of the opinion that this could be applied to conveying kind words between the parties, despite not having actually heard such statements, or having been instructed to do so.

4 The Process of Informal Family Dispute Resolution

Most Moroccan imams interviewed for this study indicated that it is the wife who typically takes the initial step in approaching them for advice or direct intervention in case of marital conflict. Within the Moroccan context, the cultural norm dictates that the wife is allowed to ask for assistance, while the husband is expected to sort out his private problems on his own. Admitting that he is unable to do so is seen as a weakness. A frequently used expression is: ‘Be a man’ (kun rajl). Before arriving at her decision to contact an imam, the wife will have been patient and hopeful that her problematic situation would recede on its own, only to find that she eventually has to approach her immediate family members (usually her parents) in order to address the issue with her husband and his side of the family.18 If this intervention proves to be unsuccessful or impossible, the wife will take the step of bringing an outsider with more influence and authority into the conflict. Generally speaking, the imam is called upon if fruitful communication is no longer possible between the spouses or their families.

In case of serious escalation of the conflict, or when the wife is no longer able to bear the stress of the marriage problems, she may decide to leave the marital home and return to her parents. This form of temporary separation is used to put the husband under pressure to act and take the problems seriously. In the ideal situation, it then becomes the husband’s task to offer an acceptable solution and persuade her to come back home with him. However, what if the separation goes on too long and the husband is not interested in contacting his wife or her family? The opposite is also possible: the husband may decide to take the his wife back to her parents if he is dissatisfied with her behaviour within the marriage. In both situations, the imam is often called upon to negotiate the terms on which the wife will return to the marital home.

The first contact with the imam is often made in a telephone conversation, during which he collects some essential information, such as the family names and history of the persons involved, their home situation, whether they are members of the mosque and what the conflict is about. These conversations often take 10–20 minutes and are highly emotional in nature. In most cases, women start to cry and each imam has his own way of coping with this situation. They realise that the persons calling have endured a lot, both emotionally and physically, and that they are perhaps speaking openly about the problem for the first time with someone outside of the family. Some imams use specific Arabic formulas to show compassion or try to ease anxieties by saying that the problems are not so great after all.19 Most imams only listen and interrupt the caller as little as possible, in order to allow them to pour out their hearts. At the same time, imams realise that they are only hearing one side of the story, which sometimes makes them appear strict, especially if they ask for the husband’s telephone number in order to hear his side of the story.20

4.1 The sulh Session (jalsat al-sulh)

The imam decides after a quick assessment whether he is able to offer his assistance, and if so, he arranges a meeting with both spouses. From this moment onwards, the specifics of the situation will determine how things proceed. If the imam is already acquainted with the family or feels confident about the persons involved, he will personally visit their home.21 However, if the circumstances do not allow a home visit for whatever reason, the imam will prefer to invite the couple to visit the mosque with the aim of having the first reconciliation meeting or sulh-session (jalsat al-sulh). Before this joint meeting, some imams find it important to speak with the spouses separately, so that they each feel comfortable talking about the marital conflict.22 In most larger Moroccan mosques, and certainly in the newly built Islamic centres in the Netherlands, there is a fully equipped reception area, with traditional Moroccan sofas, tables and a big screen television on the wall, to receive guests.23 Sulh-sessions often take place in such a setting, in order to welcome the disputants as guests of the mosque and make them feel at ease.

Although sulh-sessions are quite diverse in structure, there are some fixed elements. First, the session is always opened with the basmala, followed by ‘the praise of God’ and ‘the salutation the Prophet of Islam’ (salawat) along with the recitation of several Qurʾanic verses relating to the concept of dispute resolution. As part of the introduction, the imam states the purpose of the meeting, which is to end the marital conflict by way of a mutually accepted solution. The couple are reminded that this should be the real intention of this endeavour, because only ‘if the couple want to put things right, God will bring about a reconciliation between them’.24 If the imam knows that disputants are angry and agitated with each other, he will add that they should mind their language and behaviour, especially since they are in the ‘House of God’ (bayt Allah). When other persons beside the spouses are present, most imams consider it important to mention that nobody is forced to come to the mosque and that the disputants are voluntarily participating in the sulh-session. The introduction is often closed with a supplication (duʿa), for example ‘that God may make the path to the solution easy and reward them for their efforts’.

In the second part, the imam starts with a short presentation of the facts on the basis of what he has heard from both sides. He then gives each of the spouses the opportunity to share their view on the conflict. This part of the session can take 30–60 minutes, in which the disputants can comment and ask questions regarding each other’s views and accusations. The task of the imam is to actively guide them through this process and the way imams do this differs. Younger imams are usually more pragmatic in their approach and do not hesitate to pose critical questions to clarify things, confront the couple with their actions or intervene if tempers rise. Older imams tend to more subtle, giving both parties hope for a positive outcome, supporting the weaker party during the negotiation, and citing examples from the Qurʾan and Sunna to highlight the virtues of patience, compassion, tolerance and forgiveness between spouses.

In the final part of the session, the imam sums up what they have discussed with the aim of eliminating possible misunderstandings. If the reconciliation was successful and the disputants arrive at a mutual agreement, a sulh-document is drafted specifying the spouses’ individual commitments.25 In order to give the document more weight, it is signed by the imam, the disputants and the chairman of the mosque, with the seal of the mosque. In most cases, disputes are not solved in only one joint session, and so a work plan is often drafted based on the outcomes of the first session, in which future sessions are scheduled. Finally, the imam concludes the session with a more general supplication by raising his hands and asking God to accept their efforts, help the couple through this difficult time and take away their worries, and also to aid those who are sick, oppressed, needy or helpless in the world.

4.2 Reconciling Disputants

The main objective of all the imams who took part in this study is to look for ways to steer the disputants towards a reconciliation. Many of them explained that, in the majority of cases, they do manage to resolve marital conflicts in order the preserve the marriage.26 Marital problems, like other difficulties and setbacks in life, are often portrayed by imams as a form of trial or test from God. Therefore, believers are encouraged not to despair or lose hope, because these tests are considered the means by which God distinguishes between persons with faith and those who lack faith, as the Qurʾan says: ‘Do the people think that they will be left after saying “We believe” without being put to the test?’27 Imams also remind disputants that a test can also be a form of protection from something that might be harmful to them, whereas a desirable situation might produce misfortune, even though they do not have the knowledge to realise it at that time. This is often supported by the following verse of the Qurʾan: ‘You may dislike something although it is good for you, or like something although it is bad for you: God knows and you do not.’28 Finally, in order to boost the morale of disputants as they are going through a dark phase, the following advice is given to them: ‘Truly where there is hardship there is also ease.’29 This is the glad tidings that come with the promise of God, and so disputants should avoid a negative attitude and be hopeful of better results ahead.

Another technique is to address the underlying reason for the marital conflict indirectly and without damaging the disputants’ sense honour. This often includes taboo issues, such as sexual and intimacy problems, extramarital affairs, infertility, financial debts, domestic abuse, or alcohol, drugs and gambling addictions. Instead of emphasising the shortcomings and mistakes, imams try to focus on the disputants’ positive qualities and how they can improve these even more. An often quoted Prophetic tradition in this regard is: ‘Every son of Adam sins, and the best of the sinners are the repentant.’30 What the imams do is to emotionally and mentally empower disputants, so that they are prepared to work towards a solution to their problems, which may very well mean seeking professional help. A different method is to convince the couple that, in order to arrive at a solution, they may have to make certain concessions. For instance, disputants should give up some of their rights or take more into consideration the needs and feelings of the other person, in exchange for divine rewards and blessings in this life and in the Hereafter, ‘if God wills’.

5 Black Magic and Jinn Possession

One cannot ignore the fact that Moroccan couples in this study attributed their marital problems on numerous occasions to black magic (sihr) and jinn (demonic) possession. These supernatural forces do not fit within the Western scientific tradition but they are important considerations in understanding the expectations that disputants have of the imam and sulh-sessions. In the Islamic context, belief in ‘the unseen’ (al-ghayb), such as angels and jinns, is considered a fundamental constituent of the Muslim faith and is referred to in the Qurʾan and Sunna.31 Muslim scholars hold that, like humans, jinns are creations of God and have such attributes as freedom and intellect to distinguish between right and wrong, but they live in a separate and parallel world. The official, scholarly religious discourse does not pay much attention to jinns, but they play a significant role in the daily life of ordinary believers.32

The relation between black magic and jinns is that the ‘magician’(sahir) is reputed to be in touch with the rebellious and evil-doing jinns who are the followers of ‘Iblis’ (Satan), hence their name ‘satans’ (shayatin; sing. shaytan).33 Tradition suggests that jinns are invisible to humans, move very quickly and can enter human bodies.34 They are able to understand many things that are beyond human reach – hence the temptation for human beings to make them allies by means of intense ‘satanic’ rituals and worship. It is believed that the magician utilises the power of the jinns by offering them the favours they demand in exchange for services or knowledge. It is therefore not uncommon for people to resort to a magician, usually an older person, if they want to inflict harm on enemies, cause impotence or infertility, make someone fall in love with a specific individual, prevent marriages, or separate a married couple. The popular belief that jinns are able to cause all sorts of mental and physical harm to humans through affliction or possession is widely present in Muslims societies and communities across the world.35

In her sociological study of Moroccan women and fortune telling, witchcraft and black magic, Fatima Sadiqi emphasises the importance of these practices in the Moroccan community: ‘the three practices are very real in Moroccan culture as they are believed to offer solutions and remedies to weak, problem stricken literate and illiterate men and women’.36 Especially in times of psychological distress and when experiencing unexplained physical symptoms, ‘healers’ (in the Moroccan context referred to as fqih) are approached by individuals who attribute these symptoms to affliction by the jinns. The fqih or imam uses a range of religious interventions to treat the affliction, of which the most widely used is al-ruqya al-sharʿiyya – the recitation of specific verses of the Qurʾan that have an immediate effect on the body and mind of the afflicted person. As part of the sulh-session, couples often ask the imam to perform al-ruqya in order to rule out black magic and jinn affliction as a possible reason for their marital problems and setbacks. Other methods of combatting this by the imam include: performance of exorcism, drinking water over which the Qurʾan is recited, or drinking water mixed with a small piece of paper with Qurʾan verses written on it.

6 Conclusion

This contribution sheds light on the mechanism of family dispute resolution among Moroccan Muslims in the Netherlands, which is frequently and informally used to resolve marital conflicts between spouses with the assistance of imams of local mosques. The study reveals that before a dispute or conflict is brought before a state court, other possibilities for reaching a negotiated solution have often already been exhausted. This is the case if disputants can resort to a system of ‘private ordering’ that offers strategic outcomes not available in other more formal or state-orientated systems. Moroccan imams, as agents of religious authority, play an important role in the informal domain by getting involved in settling disputes within the religious community. In the first place, imams enjoy a lot of respect in the eyes of believers both due to their religious position and for the example they set in the community. Therefore, they are the obvious persons to turn to in times of personal crisis for spiritual leadership and guidance, especially when the involvement of the (extended) family is no longer perceived as effective. Secondly, imams are also actively encouraged from a religious point of view to put effort in bringing people in conflict together (sulh). Acting as a mediator, for which the imam is initially not trained, has become a major part of his responsibility in the Netherlands, partly because of his intimate knowledge of the religious, cultural and economic background of the disputants. Despite the shame culture that prevails among Muslims, he is able to get to the core of the conflict, without the need for individuals to make this public or put their reputation at risk. The sulh-session that in most cases takes place in the private setting of the mosque or home are quite diverse in structure, demonstrating that imams use different approaches based on their personal experiences in order to try to reconcile between disputants. A recurring element in many sulh-sessions is the performance by the imam of al-ruqya al-sharʿiyya in order to rule out black magic (sihr) and jinn affliction as a possible reason for marital problems and setbacks in life. Finally, the findings of this study indicate that a certain group of Muslims in the Netherlands make use of informal methods of dispute settlement and mediation, since they offer an extra opportunity to resolve conflicts in an amicable way, which makes the creation and termination of relationships more meaningful to them and more in line with their religious and cultural frame of reference.

References

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1

Smith, J., “Introduction”, in Muslims in the West, from Sojourners to Citizens, Y.Y. Haddad (ed.) (Oxford: Oxford University Press, 2002), pp. 3–16.

2

Huijnk, W., De religieuze beleving van moslims in Nederland: Diversiteit en verandering in beeld (Den Haag: Sociaal en Cultureel Planbureau, 2018).

3

See Sunier and Buskens in the introduction to this special issue.

4

Ahdar, R., and Aroney, N., eds., Shari’a in the West (Oxford: Oxford University Press, 2011); Berger, M.S., ed., Applying Sharia in the West: Facts, Fears and the Future of Islamic Rules on Family Relation in the West, (Leiden: Leiden University Press, 2013).

5

Rutten, S., et al., Gewoon Getrouwd: Een onderzoek naar kindhuwelijken en religieuze huwelijken in Nederland (Maastricht: Universiteit Maastricht, 2015).

6

Kruiniger, P., Islamic Divorces in Europe: Bridging the Gap Between European and Islamic Legal Orders (The Hague: Eleven International Publishing, 2015).

7

Boele-Woelki, K., et al. De juridische status van polygame huwelijken in rechtsvergelijkend perspectief (Utrecht: Utrecht Centre for European Research into Family Law, 2009).

8

Bakker, L.G.H., et al., Sharia in Nederland: Een studie naar islamitische advisering en geschilbeslechting bij moslims in Nederland (Nijmegen: Radboud University Nijmegen, 2010); Muradin, MA, “De toepassing van de sharia binnen de wettelijke kaders van de Nederlandse rechtsstaat”, in Tijdschrift voor theologie, volume 60, issue 1, 2020, pp.: 37–60.

9

Shah-Kazemi, S.N., Untying the Knot: Muslim Women, Divorce and the Shariah (London: Nuffield Foundation, 2001); Bano, S., Muslim Women and Shari’ah Councils: Transcending the Boundaries of Community and Law (London: Palgrave MacMillan, 2012); Keshavjee, M., Islam, Shari’a and Alternative Dispute Resolution: Mechanisms for Legal Redress in the Muslim Community (London: I.B. Tauris, 2013).

10

In this study, semi-structured interviews were conducted with imams of local mosques as well as male and female disputants in classical Arabic (fusha), Moroccan Arabic (darija) or the Dutch language.

11

Hashas, M., et al., Imams in Western Europe: Developments, Transformations, and Institutional Challenges (Amsterdam: Amsterdam University Press, 2018).

12

In most large Moroccan cities, family problems are often handled by professionally trained mediators working in private mediation centres or associations for family support.

13

Sunan Ibn Majah, Volume 1, Book 1, Hadith 125 (…‘hum ahlu al-Quran, ahlu Allahi wa khasatuh’): <https://sunnah.com/ibnmajah:215>.

14

Abdel Haleem, M.A.S., The Qur’an: A new translation, (Oxford: Oxford University Press, 2004), Verse 5:8, p. 69.

15

Sahih al-Bukhari, Volume 9, Book 89, Hadith 252: <https://sunnah.com/bukhari:7138>.

16

Sunan Abi Dawud, Book 42, Hadith 4901: <https://sunnah.com/abudawud:4919>.

17

Sahih Muslim, Book 32, Hadith 6303: <https://sunnah.com/muslim:2605a>.

18

In traditional Muslim circles, marriage is not just about the union of two individuals; rather, it seen as the couple and two families coming together as one bigger extended family. Generally speaking, the involvement of both families remains strong throughout the couple’s married life.

19

Often used formulas are: subhan allah, istaghfir ullah, la hawla wa-la quwatta illa bi-llah.

20

Most imams interviewed for this study indicated that, in their personal experience, they should not rely on only one version of the facts and, furthermore, that both sides are often very compelling.

21

Sometimes the persons are unable to visit the mosque by themselves.

22

It is understandable that the wife in particular cannot discuss certain issues openly when the husband is present in the same room.

23

In the past, and still in smaller mosques, the office of the imam was a focal point for settling disputes between members of the community.

24

Abdel Haleem, M.A.S., The Qur’an: A new translation, (Oxford: Oxford University Press, 2004), Verse 4:35, p. 54.

25

Examples of commitments are: husband and wife will not insult each other, husband will not argue in front of the children, or husband and wife will not ignore each other for a period longer than three days.

26

This study cannot confirm nor disprove this claim, since it proved to be difficult to examine the long-term effectiveness of the negotiated solution among spouses.

27

Abdel Haleem, M.A.S., The Qur’an: A new translation, (Oxford: Oxford University Press, 2004), Verse 29:2, p. 252.

28

Abdel Haleem, M.A.S., The Qur’an: A new translation, (Oxford: Oxford University Press, 2004), Verse 2:216, p. 24.

29

Abdel Haleem, M.A.S., The Qur’an: A new translation, (Oxford: Oxford University Press, 2004), Verse 94:5, p. 426.

30

Jami’ at-Tirmidhi, Volume 4, Book 11, Hadith 2499: <https://sunnah.com/tirmidhi:2499>.

31

Abdel Haleem, M.A.S., The Qur’an: A new translation, (Oxford: Oxford University Press, 2004), Verse 2:2, p. 4: ‘This is the Scripture in which there is no doubt, containing guidance for those who are mindful of God, who believe in the unseen’.

32

The idea that jinns might sometimes be a mere metaphor for hidden phenomena is generally rejected by the large majority of Muslim scholars.

33

Tradition explains that like humans, jinns are not necessarily evil, because some of them are believers and faithful, whereas others are sinners.

34

Sunan Ibn Majah, Volume 1, Book 7, Hadith 1779 (English Translation): ‘The Satan flows through the son of Adam like the flowing of blood.’, <https://sunnah.com/ibnmajah:1779>.

35

Böttcher, A. and Krawietz, B. (eds.), Islam, Migration and Jinn: Spiritual Medicine in Muslim Health Management, (Cham, Switzerland: Palgrave Macmillan, 2021).

36

Sadiqi, F., Women, Gender and Language in Morocco (Leiden: Brill, 2003), p. 73.

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