There is no sense in ignoring the momentous events taking place in the Muslim Shi’i community in Dearborn, Michigan. On January 23rd, Sayyed Hassan Qazwini, a highly admired national Muslim leader, threatened to resign from his post as Imam of the Islamic Center of America, unless there is major reform at the Center. The decision was sudden and the congregation was in tears. Unfortunately, the stated reason for the resignation was continued harassment by a handful of the members of the Center’s board of trustees.
The community, its board and Imam quickly understood the seriousness of the situation. So, last Friday, a committee from the community was formed to communicate with all parties in an effort to resolve the problem. Imam Qazwini announced his willingness to remain in office if the resolution meets his approval. Thus, disaster was averted at least for a while, and cool heads prevailed.
I would not write about this event if it were merely an internal matter. I am neither a Shi’i nor a Michigander. But, it is not an internal matter. It really is a historical, Muslim problem that keeps playing out on different levels, usually leaving behind it destruction and frustration. Unless we recognize this pattern of destructive behavior and alter it, history is bound to continue repeating itself and success will continue to elude us.
Let me first address the situation in Dearborn particularly. I have known Imam Qazwini for over a decade now, and have always been impressed by his spirituality, his dedication to his community, and his inclusive and rich understanding of Islam. Listening to his pivotal Friday khutbah on January 23rd, it became clear that long years of harassment and passive aggressive behavior towards him have taken their toll on Imam Qazwini. Having dedicated the best years of his life to the service of his congregation, it is fully understandable that Imam Qazwini would react this way to protect his name and dignity. After all, more recently, the level of harassment was raised significantly. Anonymous letters about him were being distributed to the community. They were clearly intended to besmirch the Imam’s name and reputation. The charges were faceless, so he was left fighting ghosts.
I do not know the story from the other side. As an attorney, I know I should hear both sides before formulating a conclusion. Was there a misunderstanding? Were the letters the work of outsiders who wanted to see the Center in chaos? Could the situation be salvaged? I made several attempts to hear the other side, but was not successful. The parties seemed to have become “opposing camps” and the board seemed to be digging in its heels in the face of the public critique directed by the Imam in his khutbah at unnamed board members. A standoff would have surely affected the community negatively, weakened the Center, and wasted a lot of energy on conflict that perhaps could have been averted. Alarming reports began surfacing in the local press that appeared to threaten the welfare of the Center itself.
I was struck by the Imam’s description of his suffering for the last 18 years from harassment by some members of his board. If this problem has been in the making for 18 years, why was it not attended to earlier before it exploded on the national stage? But here I am thinking as a corporate lawyer. I know boards and bylaws. I dealt with them often in my practice on Wall Street, my academic career teaching corporate law, and at KARAMAH. Board conflict is not unique to this situation. What is unique is that neither party found a way to resolve the matter before it mushroomed out of control.
There could have been many “outs.” For one, the board could have purged itself of its troublesome members, if that was indeed the case. Alternatively, some mediation could have alleviated any misunderstandings between the board and the Imam. I appreciate the Imam’s decision to “grin and bear it” for 18 years. But it would have been a lot more productive if the situation was addressed sooner. Where the situation appears to be deteriorating quickly, the use of experts in corporate governance and conflict resolution can be highly effective and efficient.
Let me explain in general why these experts are needed. One thing I have come to notice in our immigrant community at large is the lack of legal consciousness, and the continued reliance on arbitrary models from the “Old Country” in running their affairs. Many of our organizations, for example, do not have sufficient understanding of how corporate governance (even for non-profits) works in the United States. For example, they do not know the difference between board members and officers. Board members are often unfamiliar with their duty of care, duty of loyalty, and fiduciary duties generally towards the organization. They often breach them unknowingly. They do not understand the legal significance and repercussions of some statements they may make. They also do not understand that case law in their jurisdiction can override their bylaws, nor do they understand the mechanisms and processes for resolving conflict within their institutions. Finally, many do not understand the huge liability that comes with being a director or a trustee, both civil and criminal.
We at KARAMAH are happy to provide workshops on these issues, but this is a battle I have been fighting for about 20 years. In the 1990’s I resigned from my first ever position on the board of a Muslim organization (other than KARAMAH). After insisting and getting a financial audit for that organization, I also insisted on a legal audit to insure compliance with various laws. I was the only one who thought that was important. So, I resigned. Not surprisingly, that organization, which served the Muslim community very well, is no longer around.
All the issues discussed above combine to make education in proper governance (corporate and otherwise) and conflict resolution a necessity in our midst, both at home and abroad. On the international front, there are several factors that may explain why there are so many wars in Muslim countries, why we have the highest level of refugees in the world, why millions of Muslims are dying each year. But I am sure there are several factors at home as well underlying our conflicts. Whatever these factors may be, I cannot help but believe that had we, for example, been more adept at better governance and conflict resolution, much of this heartache at home, and bloodshed abroad could have been averted. Our communities abroad are discovering this fact a bit too late. They are now sitting together to negotiate political solutions to their armed conflicts, after their countries have been destroyed. Are we bound to repeat this model in the US among each other? Are we going to stunt our development in this country by turning against each other? What kind of a legacy are we leaving for our children? Are we really embodying the role models we would like them to emulate? Has anyone noticed the tears and sobbing of children in the mosque when this whole drama was taking place? For all these reasons, I pray that the committee at the Center will succeed in restoring peace there.
There is yet another problem that plagues our Muslim community. Not surprisingly, it reared its ugly head at the Center as well. It is that of both, vicious and idle gossip, or loose unsupported faceless accusations. In particular, ghībah (speaking ill of someone behind their back) is forbidden in Islam, but it happens every day, every hour of the day. It is a regular pastime for many of us. Yet these bad habits are highly destructive of community trust and relations. It can also have direct and indirect legal consequences in this country. If one of us truly has a problem or complaint, our institutions should have within them the proper grievance mechanism to deal with it. Anonymous leaflets distributed to the community add to the problem, not the solution. Proper corporate governance models could readily address the procedural aspect of this problem by specifying appropriate venues for complaints. Conflict resolution expertise could facilitate a substantive solution.
Consistent with this line of thinking, KARAMAH has a policy of not speaking ill of another organization. We also support other organizations because we believe there is room for all of us to serve. If we cannot support an organization, we try to avoid saying anything negative about it. We break our silence only when speaking out becomes a necessity for the maslaḥah (public interest) of the community. Unfortunately, not everyone holds this view. I have witnessed backbiting, undercutting, and even lying to our communities to stay ahead. I have also noticed that our community, while highly politicized, is still quite gullible. These are not conditions for success.
I know we are not the morality police, and if people want to lie, they can. I also know that no corporate governance model is a talisman against problems if the person creating them is morally deficient. That is why a board is empowered to take drastic actions at times. Nevertheless, we should all understand that a large part of the problem afflicting Muslims these days, at home and abroad, is often their lack of moral fortitude. I remember the statement of the Egyptian Islamic scholar Muhammad ‘Abduh who lived in the 19th century. Returning from a trip to the West, he said: “I found there Islam but no Muslims, and I found here Muslims but no Islam.” So many of us continue to behave as if religion did not matter every minute of the day, and then make loud pronouncements about how great Islam is. How could anyone believe us if we do not illustrate it in our lives? How could Islam be so great, if we put its teachings aside until Fridays?
I realize this is not a particularly Muslim problem, but ours is the religion under severe attack. We do not defend it by loud words; we defend it by good deeds. And if we are not ready to live the life of Islamic morality, then maybe we should just not label ourselves as Muslims. Islam is not a label; it is a way of life. Its strength is not in numbers but in the moral worldview it offers us.
Keeping all of the above in mind, let us see what the Qur’an advises us to do about conflict in our midst. Surat al-Hujurat, verse 9 states:
If two parties among the believers fall into quarrel,
Make ye peace between them; but if one of them transgresses
Beyond bounds against the other, then fight ye (all)
Against the one that transgresses
Until it complies with the command of God;
But if it complies, make peace between them
With Justice, and be fair, for God loves those who are fair (and just)
This is why the situation in Michigan requires third party mediation. Also, I am sure there are many qualified Muslim mediators willing and able to help. With the formation of the committee, the community now has some breathing time. But that time is limited and must be used efficiently. Furthermore, the committee’s work is extremely critical for the well-being of the Center, the Imam, and the community. Therefore it is of critical importance that the committee succeeds at its task in resolving all conflicts and restructuring its corporate governance model and rules in such a way as to avoid future crises.
KARAMAH is happy to offer our professional Islamic mediation and American corporate law expertise to help the committee achieve its goals. Our whole aim in this is to preserve a Center and a community that are of national importance. If the whole thing is a misunderstanding, let us solve it. If there is indeed oppression and harassment, let us unite in stopping it. Let us not protect the guilty. Instead, let us stand up for the truth and clean up our ranks. Let us fight against the one who transgresses. How? Fair and balanced corporate structures and processes would be great tools for addressing the situation once the facts are clearer. Unless we follow this Qur’anic injunction, and unless we stop repeating our destructive mistakes, we cannot move forward. It is that simple, and it concerns all of us.
Dr. Azizah al-Hibri
Founder, KARAMAH
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