Mediation in Islamic family law in the sample of Malaysia

Islam attributed a great importance to the family institution and guided believers to prevent the disintegration of the family unity. The family is considered the most basic unit of society in almost all times. It is the duty of every individual to protect the family institution, which is the basic building block of the society. In this context, various solutions have been put into practice by the society for the settlement of family conflicts. In this thesis, mediation activity, which is one of the main methods of resolution of family disputes has been examined. The positive effects of family mediation practices on family disputes and divorces were tried to be determined. In the first part of the thesis, institution of mediation is discussed and examined together with the arbitration method/procedure in the context of Islamic law. In this part of the study, the connection between family mediation and family arbitration is also tried to be revealed. In the second part, the position of the mediator-arbitrator institution in the context of family disputes is discoursed. Also in this section, the role of family courts in family disputes and divorces is tried to be explained. In the last part of the study, Malaysia wich has similar characteristics with Turkey with regards to ethnicity and legal aspects, is examined in terms of mediator-arbitrator implementations and has tried to propose a model for family mediation, wich is expected to be implemented in our country. Keywords: Islamic family law, family disputes, mediation, arbitration, Malaysia.