The Prospective Contributions of the Med-Arb Model in Islamic Family Law to Family Mediation in Turkey

This article argues that the med-arb model, combining mediation and arbitration, which has been applied in the cultural hinterland where Turkey has been rooted for centuries will make significant contributions to family mediation in Turkey that will be put into practice in the near future. The current model being prepared is modelled on the western-style of family mediation. The model which was implemented in the west in the 1970s known as “divorce-mediation” is essentially aimed at facilitating the divorce process and reducing the burden on the judiciary. Whereas in Turkey the family structure has been formed in accordance with Islamic family law norms that recognize the preservation of family unity as the most fundamental principle. Therefore, this article proposes the med-arb model of Islamic family law which is present in the memory of Turkey’s history and is practiced in many Muslim-majority and Muslim-minority countries today should be considered. In addition to being more suitable for the family structure in Turkey, this model also suggests it would be much more effective in the fight against the recent significant increase in the divorce rates in Turkey. Islamic law, in addition to its judicial dimension has a religious character that includes other-worldly sanctions which will most probably be much more effective in solving the problems encountered within the family institution that has a closed private space. This study frames its investigation under three titles after an introductory chapter, which presents a literature review and the importance of the subject. The first chapter provides the historical outline of family mediation and conceptual framework. The second part delves into the specifics of the application of med-arb in Islamic Family Law. The third part discusses the integration of sulh-based medarb in Islamic Family Law into the application of contemporary family mediation.