Protection of marrial union by arbitration in İslamic law

According to Islamic Law, marriage is one of the two acts of worship that starts with the first human being and continues until today and even in the afterlife. For this reason, as well as for the protection of human generation and social order; in order to protect women and children who are in poor condition, the family institution must be preserved. However, the spouses who form the basis of the family; sometimes they may not fulfill their obligations arising from the marriage union or they may have a disagreement on an important issue related to the marriage union and such situations may lead to incompatibility between the spouses. In this case, the unity of marriage must be preserved for the benefit of the spouses, the protection of the children and the preservation of the social order. On the other hand, in order for the measures to protect the marital unity to give results in a way to eliminate the incompatibility of the spouses, the differences in family law compared to other branches of law should be determined and a solution should be arranged in accordance with the characteristics of the family law. For this reason, as a result of the implementation of a solution that focuses on the continuity of the family unity, protection of women and child, the moral principles of the family, the mutual obligations of the spouses arising from the marriage union, and the fact that the family is an area outside the state authority and related to the private lives of the individuals, more likely to preserve the marital union. The way of arbitration, which is organized with the aim of protecting the union of marriage in Islamic Family Law; It is a dispute resolution method that is suitable for the characteristics of family law, applied and yielded results in the Age of Saadet and the Ottoman Empire. In this study, first of all, the arbitration institution, which is a dispute resolution method, which is likened to the peace agreement in the sources of fiqh, has been systematically examined and then the application of the arbitration institution in family law has been examined and classified into five stages.