Islamic family mediation and women's access to justice in Türkiye: Assessing the applicability of the England Sharia Council model

In England over the last 30 years, there has been a small but steady proliferation of Sharia Councils, although exact numbers are not known. Established to meet the religious needs of the British Muslim population, these focused primarily on providing a forum for resolving marital disputes by offering arbitration, mediation and conciliation services. In research carried out to date, it is seen that the principal applicants to the Sharia Councils are Muslim women. To understand whether Islamic family mediation should be implemented in Türkiye, one must investigate Islamic law distinguishing between men's and women's forms of divorce. Islamic law has specific guidelines for divorce proceedings, with different rights and obligations for men and women. By examining these differences, it can be determined whether Islamic family mediation would be suitable for implementation in Türkiye. Islamic law establishes different rights and responsibilities for men and women in divorce cases, allowing men to unilaterally divorce without court oversight while women need spousal agreement or religious authority intervention. This inequality prompts concerns about the viability and justice of Islamic family mediation in the Turkish legal system. This research examines these legal discrepancies to assess the potential for Islamic family mediation to achieve fair results, thus assessing its applicability in Türkiye. Focusing on the growth of Sharia Councils in England, which have sparked debates on their credibility and effects on women's legal access, the research evaluates the potential effects in Türkiye when similar entities provide Islamic family mediation. Sharia Councils aim to integrate religious principles into the nation's legal framework. Through analyzing the cultural importance of these councils, their legal framework, and operational procedures, the paper aims to evaluate their capacity to address the particular requirements of women in Turkish households and advance impartial family justice. This thesis examines the critical question of whether Islamic family mediation can enhance family justice in Türkiye. The study discusses in depth whether resolving marital disputes within the framework of Islamic dispute resolution can achieve family justice in Türkiye. This study contributes to such ongoing debates regarding family law, access to family justice, and Muslim requests for taking easy religious support in family law matters.