Abstract:

This article claims that family mediation-justice, which has been implemented on the basis of experience for centuries in the cultural geography in which Turkey is located for the family mediation institution expected to be implemented in the near future in Turkey, will provide significant contributions. The current design takes the model of the Western style family mediation. This model, which has been applied in the West since the 1970s, is essentially a "divorce mediation" aimed at facilitating the divorce process by reducing the judicial burden of divorce cases. However, the family structure in Turkey has been formed in accordance with the Islamic Family Law codes, which recognizes the conservation of family unity as the most fundamental principle. Therefore, this article suggests that the advanced mediation-judicial institution in Islamic family law, which today exists in many Islamic countries, should be taken into account either in the family mediation or in the historical memory of Turkey. This model is more suitable for the family structure of Turkey as well as it will be much more effective in the fight against the rise in the divorce impulse that we face as a major problem. In addition to the judicial dimension of Islamic law, the possession of a divine vase that includes sacrifice sanctions ensures that it is much more effective in solving the problems encountered within the family institution with public closed private space. This research includes the importance of the subject and the literary evaluation after the entry section under three titles. The first part discussed the historic development and the conceptual framework of family mediation; the second part examined the nature of family mediation in Islamic law; the third part in Islamic Family Law is dedicated to the addition of the practice of family mediation on the basis of sulh to the practice of contemporary family mediation.

Abstract:

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.

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