Studies on Family Mediation in Türkiye: A Critical Analysis
The regulations concerning family mediation in Türkiye were granted a legal framework with the enactment of Law on Mediation in Civil Disputes in 2012. Since the enforcement of this law, many studies have been conducted to develop a specific and effective mediation law on family law disputes. This a...
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| Format: | Article |
| Language: | Arabic |
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Istanbul University Press
2024-12-01
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| Series: | Darulfunun Ilahiyat |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/21C809FCF193437884082C87648CA876 |
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| author | Hatice Kübra Kahya |
| author_facet | Hatice Kübra Kahya |
| author_sort | Hatice Kübra Kahya |
| collection | DOAJ |
| description | The regulations concerning family mediation in Türkiye were granted a legal framework with the enactment of Law on Mediation in Civil Disputes in 2012. Since the enforcement of this law, many studies have been conducted to develop a specific and effective mediation law on family law disputes. This article examines the various approaches in the existing literature on family mediation. The principles governing Turkish family law significantly restrict the scope of disputes that are suitable for mediation. Aside from the ones including financial issues, almost no family law dispute is considered applicable to mediation. To address this limitation, some scholars have proposed a restrictive interpretation of the legal provisions on domestic violence as an impediment to mediation, limiting the concept to physical and sexual violence. Others argue for the introduction of mandatory mediation as a precondition for litigation in family disputes. The prevailing opinion favors a court-based model over an out-of-court mediation system. Some scholars advocate for co-mediation systems that include a therapist or an expert in social and behavioral sciences, arguing that this approach would be more effective. This article also argues that a more effective model in Türkiye -where most of the population is Muslim- should incorporate Islamic family mediation practices. In this model, religious leaders could participate in the mediation process and provide guidance to the parties based on principles of Islamic law. It also highlights that by considering existing practices in various Islamic countries, a more effective mediation process could be developed that integrates the institutions of sulh (reconciliation) and tahkim (arbitration). |
| format | Article |
| id | doaj-art-668e4e02bcb44d239652a1a6d0e3e627 |
| institution | Kabale University |
| issn | 2651-5083 |
| language | Arabic |
| publishDate | 2024-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Darulfunun Ilahiyat |
| spelling | doaj-art-668e4e02bcb44d239652a1a6d0e3e6272025-08-20T03:53:18ZaraIstanbul University PressDarulfunun Ilahiyat2651-50832024-12-01352335410.26650/di.2024.35.1561079123456Studies on Family Mediation in Türkiye: A Critical AnalysisHatice Kübra Kahya0https://orcid.org/0000-0002-1976-7354İstanbul Üniversitesi, İstanbul, TürkiyeThe regulations concerning family mediation in Türkiye were granted a legal framework with the enactment of Law on Mediation in Civil Disputes in 2012. Since the enforcement of this law, many studies have been conducted to develop a specific and effective mediation law on family law disputes. This article examines the various approaches in the existing literature on family mediation. The principles governing Turkish family law significantly restrict the scope of disputes that are suitable for mediation. Aside from the ones including financial issues, almost no family law dispute is considered applicable to mediation. To address this limitation, some scholars have proposed a restrictive interpretation of the legal provisions on domestic violence as an impediment to mediation, limiting the concept to physical and sexual violence. Others argue for the introduction of mandatory mediation as a precondition for litigation in family disputes. The prevailing opinion favors a court-based model over an out-of-court mediation system. Some scholars advocate for co-mediation systems that include a therapist or an expert in social and behavioral sciences, arguing that this approach would be more effective. This article also argues that a more effective model in Türkiye -where most of the population is Muslim- should incorporate Islamic family mediation practices. In this model, religious leaders could participate in the mediation process and provide guidance to the parties based on principles of Islamic law. It also highlights that by considering existing practices in various Islamic countries, a more effective mediation process could be developed that integrates the institutions of sulh (reconciliation) and tahkim (arbitration).https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/21C809FCF193437884082C87648CA876family lawmediationreconciliationarbitrationtahkīmislamic law |
| spellingShingle | Hatice Kübra Kahya Studies on Family Mediation in Türkiye: A Critical Analysis Darulfunun Ilahiyat family law mediation reconciliation arbitration tahkīm islamic law |
| title | Studies on Family Mediation in Türkiye: A Critical Analysis |
| title_full | Studies on Family Mediation in Türkiye: A Critical Analysis |
| title_fullStr | Studies on Family Mediation in Türkiye: A Critical Analysis |
| title_full_unstemmed | Studies on Family Mediation in Türkiye: A Critical Analysis |
| title_short | Studies on Family Mediation in Türkiye: A Critical Analysis |
| title_sort | studies on family mediation in turkiye a critical analysis |
| topic | family law mediation reconciliation arbitration tahkīm islamic law |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/21C809FCF193437884082C87648CA876 |
| work_keys_str_mv | AT haticekubrakahya studiesonfamilymediationinturkiyeacriticalanalysis |