Family mediation-arbitration practices in Saudi Arabia

Family Disputes, increasing divorce rates, and the sociological and administrative problems they cause have become one of the important problems of the 20th century. One of the methods used to solve the problem is family mediation. Mediation, which has been used as an alternative dispute resolution method since the early times of history, has now become a dispute resolution method that societies shape according to their own cultures and beliefs. In Turkey, it is planned to use family mediation to alleviate the increasing divorce rates and the judicial burden they cause. However, a mediation system suitable for local culture and values has not been developed so far in Turkey. It seems that European divorce mediation methods are planned to be put into practice. On the other hand, it is clear that a mediation model, which is compatible with the culture and religious acceptances of the society and equipped with the arbitration institution and common authority, is more appropriate for Turkey, whose cultural values and acceptances are different from those of Europe, especially regarding the family. It is claimed that a unique system, which will be developed by benefiting from the experiences of the countries that have been implemented, will give more successful results in solving the existing problem, and some academic studies are carried out to present examples in this field. In order to contribute to the research, this study investigates the mediation-arbitration practices developed by the Kingdom of Saudi Arabia, a state whose law is based on Islamic law and whose social life is knitted with Islamic values, by adhering to Islamic rules and principles. In the first chapter of the thesis, which consists of three parts, the history of the establishment of Saudi Arabia and the history of the judicial organization are briefly mentioned in order to allow to explain the formation ground of legal practices. The second chapter is devoted to the general legal structure of the Kingdom and the basic principles and rules of family law. In the third chapter, the details of the history, content and institutional development of family mediation-arbitration practices, which are operated in two different ways as mediation and arbitration, are detailed. First of all, the place and rules of mediation and arbitration in Islamic law were explained, and then the practices of the Kingdom were examined in detail. At the end of the chapter, the position of mediation practices in Saudi Arabia according to Islamic law and modern practices has been evaluated. As a result, it has been concluded that Saudi Arabia's practices in this field are an example of Islamic mediation model developed in accordance with the development and requirements of the modern world, and successful results have been obtained in solving the existing problem with this model, which is suitable for the sociology of the country.