A comparison betwen Islamic law and contemporary Turkish law in alternative dispute resolution methods

In this study, alternative dispute resolution methods in Islamic law and contemporary Turkish law are comparatively discussed. It aims to find out the similarities and differences between these two legal systems in terms of alternative dispute resolution methods. It has been seen that both legal systems employ mediation, conciliation and arbitration methods in private law. In particular, Islamic law applies these methods to family issues more than that of contemporary Turkish law. Since the marriage and divorce are associated with public order, the application of these methods is limited in Turkish law. Qısas (retaliation), diyat (blood money) etc. are open to alternative dispute resolution in Islamic criminal law. However, these methods are very limited in Turkish criminal law. The sphere of alternative dispute resolution methods in Turkish administrative law are wider than that of Islamic administrative law. Key Words: Alternative dispute resolution method, Mediation, Arbitration, Arbitrator, Conciliation, Compromise.