Family Mediation and Arbitration in Muslim Countries

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Family Mediation and Arbitration in Muslim Countries by Mind Map: Family Mediation and Arbitration in Muslim Countries

1. Saudi Arabia

1.1. Creating Mahakimu Ahwal al-Shakhsiyya in 2014

1.2. Mediation: The process in which the court directs the contested parties and is managed by certain institutions to resolve the dispute between the spouses

1.2.1. Makatib al-tawjih wa al-Islah under general courts in Mecca, Medina, Rıyad, Jeddah, but in the process of becoming independent centers

1.2.2. Having a full license • Not convicted of an embarrassing crime • Being at least undergraduate degree • Attending training seminars offered by the office • Bureau have successfully passed the exam • Successfully passed the interview exam • Attending internships by attending the cases besides the bureau's officer, at least 10 cases

1.3. Arbitration: Family court directs the disputents if they fail to reach a result in mediation (sulh)

1.3.1. Esablished with Regulation of Family Arbitration Act nr. 26

1.3.2. 1. Woman applies to the court 2. Judge advices to the wife to return if she doesn't accept 3. Judge recommends the husband to divorce his wife if he doesn't accept 4.Judge chooses two arbitrators from families if possible, 5. The arbitrators strive to reconcile between them, 6. If they cannot, they order to woman to return mahr, and to man to divorce her in response to the mahr, if he denies to divorce throught 7. The Judge, not the arbitrators, decide for separation with compensation or without to be paid to the husband

1.3.3. Arbitrator must have - Full capacity -Good moral values (adl) -License in legal or administrative sciences

1.4. İfta: A system in which individuals or institutions qualified for fatwa determine and document the provisions of the dispute or the savings of the parties

1.5. Inha: If the separation is finalized, the judicial institution documenting the title and results of the divorce

2. Morocco

2.1. Family mediation was officially included in the family decree first published in 2004.

2.2. 1. Legal Mediatin

2.2.1. It is the mediation method in which the court acts as an institution and tries to resolve it in cases brought to court in divorce and divorce cases. This mediation method is the method used by the court to hold both parties in the consultation room. This method is binding as it is done by the court. The court takes not only spouses, but also people whom it deems necessary to the consultation room and listen. In this kind of mediation, the court itself undertakes the task of peace. He attempts to have a peace and investigates the causes of the dispute. This method is carried out by the woman named as mediator kadi.

2.3. 2. Optional Mediation

2.3.1. Contracted mediator is the application of the parties to the mediator in a negotiated form by choosing the person they want at their own will, without applying to the court. The person who is also the mediator of such mediation methods prepares a contract called mediation contract and records the statements of the parties in the agreement.

2.4. Meditor must • have clear crime registry • Religious and customary way of life of the society • speak persuasively • use body language well • Have a scientific degree

3. Malaysia

3.1. 1. Conciliatory Committee

3.1.1. When lack of consent to the divorce of one of the parties and the court case to see the possibility of the parties to come together

3.1.2. This committee is chaired by a cleric being set up and parties or their two representatives

3.1.3. It is prohibited for an external third party or a sharia lawyer to attend these negotiations

3.1.4. These meetings , in which the representatives of the parties were obliged, were limited to a six-month period. However, the court has the right to extend the process if it deems necessary

3.2. 2. Arbitraiton

3.2.1. If conciliation committee fails or the husband refuses to divorce his wife court-directed arbitration begins

3.2.2. Or if the judge sees there is a shiqaq problem that can be solved through arbitration the judge can start arbitration by skipping the conciliatory committee phase

3.2.3. the court assigns two arbitrators If possible from their relatives

3.2.4. No time limit

3.2.5. It is forbidden to attend a third party or a sharia lawyer , as is the conciliation committee

3.2.6. If the parties have authorized the arbitrators to divorce on their behalf, the arbitrators decide to divorce the parties based on this authority. However, if the arbitrators are not given divorce power by the parties, the court assigns new arbitrators that they have empowered to divorce

3.3. 3. Sulh (Mediation)

3.3.1. the sulh mediation institution under the sharia courts was set up to prevent damage to the parties and to complete the divorce process peacefully between the parties

3.3.2. the sulh institution in the sharia courts was made in 2001 for the first time in the “ Selangor Sharia Court Mediation Law

3.3.3. the parties to divorce will have special sulh talks in which common decisions are determined before starting the open court process,

3.3.4. if the couple initiate court proceedings they should primarily be directed to the sulh institutions. The appointment of the sulh council is made on the day of the court application, within twenty one days

3.3.5. the lack of participation is seen as a disrespect for the court institution itself in such a case, the court sentenced them to up to six months in prison or RM 2000

3.3.6. It is started with the direct participation of the parties under the chairmanship of the mediatior appointed by the chief judge of the court

3.3.7. Mediator: Completing the theology department at a national or international university - Degree of islamic judiciary and administrative law from the International Islamic University of Malaysia or from the National University of Malaysia, - or to have recognized by the mediator JKSM ul from the UK to have a certificate of institutions that can mediate - To be a Sharia officer working in LS41 ran

4. Egypt

4.1. 1. Arbitration

4.1.1. First in 1929 based on Maliki law on arbitration

4.1.2. Applied when the woman files for divorce. If the court refuses the case and the woman cannot prove that she has suffered damage, the judge decides to go to arbitration by appointing two arbitrators

4.1.3. Arbitrators should be from the family if possible. If not two other arbitrators preferrably who know the couple

4.1.4. The court gives six-month-period arbitration and a possible extension of three months

4.1.5. if they decide for separation and the problem arises from both sides jointly, they can separate them without any cost or at a reasonable rate

4.1.6. If the two arbitrators cannot agree on a result the court may appoint 3rd arbitrator

4.1.7. . According to the law number 1 enacted in 2000, it is the parties who will beobliged to appoint an arbitrator from their families

4.2. 2. Mediation (Vasata)

4.2.1. According to 2004 law, the establishment of one or more Family Conflict Resolution Offices under the roof of each family court is rquired, these offices will continue their activities under the Ministry of Justice

4.2.2. applications directly to the court are not accepted without applying to mediation centers, and the case is directed to the mediation center

4.2.3. Mediation centers have a period of fifteen days starting from the submission of the request petition to resolve the problem, which can only be extended with the common consent of the parties

4.2.4. If it fails, the file is sent to the court , the case is transferred to the court

4.2.5. The duty of the mediators is trying to establish a common ground for mediation between the parties and to present a detailed report to the court regarding the dispute and their experience