Alternative resolutions for divorce disputes in Islamic law

The subject of the study is the legal analysis of alternative dispute resolution methods offered within the framework of Islamic family law concerning disputes related to divorce. When looking at the history of Turkish law, it can be observed that these methods, which were effectively used in their original form in Islamic law until a hundred years ago and are still applied in countries governed by Islamic law, are significant in terms of preserving marital unions. Especially in Türkiye, where the number of divorces has been increasing, resolving the problems arising from the dissolution of the fundamental institution of society, the family, is a necessary need. Establishing institutions such as family mediation or arbitration within our domestic law is essential both for meeting this need and for reducing the workload of the courts and providing fast and economical solutions. In this study, alternative dispute resolution methods based on reconciliation in Islamic family law are examined comparatively with their counterparts in positive law. In this context, methods such as family mediation or arbitration that are planned to be applied in Turkish family law are approached from the perspective of Islamic family law, considering the approach of Islamic law as a different legal system. In addition to theoretical knowledge, the practice of dispute resolution processes is also examined by including contemporary Islamic law practices. The study has taken care to utilize sources such as fiqh, hadith, and tafsir books, as well as legal texts such as Sharia registers, fatwa compilations, and legislative regulations in our legal heritage. Furthermore, the legal regulations regarding the subject matter in Islamic countries following different schools of thought have been utilized in order to examine contemporary Islamic law practices. The study consists of three parts. The first part focuses on the reasons for the termination of marriage, primarily divorce, through the lens of contemporary Islamic law practices. Since the concept of divorce is essential in understanding the operation of family mediation or arbitration institutions and their management, the examination of the concept of divorce was deemed necessary. In the second part, the general meaning of alternative dispute resolution methods, the explanation of concepts, the historical development of the subject, and the institutions of family mediation and family arbitration were explained by comparing Turkish and Islamic legal systems. In the third part, it was analyzed separately in the context of Turkish and Islamic law, which of the legal consequences of divorce are suitable for the respective methods. The study also provided an opportunity to examine the provisions regarding the subject matter in the constitutions and family law texts of six different Islamic countries. By including both theoretical knowledge and living Islamic law practices, the study allowed for a more original evaluation of the subject matter. With the inclusion of contemporary Islamic law practices, the success rates of these practices were also revealed. In this context, the possible contributions of Islamic law to the necessary legal regulations in Turkish law were concretely demonstrated. Accordingly, attention was drawn to the similarity between the prohibition of resorting to alternative dispute resolution methods in Turkish law and Islamic law when it comes to issues concerning public order and matters on which the parties cannot freely dispose. In terms of disputes related to divorce, it was concluded that the alternative dispute resolution methods that are likely to be applied in Turkish law are more suitable for the model in Islamic law rather than Western counterparts. Keywords: Islamic Family Law, Family Mediation, Family Arbitration, Alternative Dispute Resolution Methods