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The role and methods of reconciliation center in alternative dispute resolutions between spouses: case study of Saudi Arabia

Alzahrani, Somih and Wan Muhammad, Ramizah (2021) The role and methods of reconciliation center in alternative dispute resolutions between spouses: case study of Saudi Arabia. In: Contemporary Issues in Islamic Family Law, Property and Finance: Towards Achieving Maqasid al-Shari‘ah. Department of Syariah Judiciary Malaysia & Ahmad Ibrahim Kulliyyah of Laws, IIUM, Putrajaya, pp. 199-211. ISBN 978-967-0870-86-1

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Abstract

Alternative dispute resolutions are mostly the best method in dealing with family disputes. Maintaining relationships between family members is a fundamental Islamic principle because the concept of family is the core structure of the society. There are several reconciliation centers in Saudi Arabia which are specialized in family dispute resolution. However, they are not given adequate recognition in terms of their roles, methods in resolving disputes, and the types of resolutions by the conflicted parties. This study focuses on one of these centers, namely the Medina Reconciliation commission and aims to investigate its role in dealing with spouses’ dispute cases; its methods in approaching alternative resolutions and the types of resolutions that are agreed upon by the conflicted parties. The paper focuses on a doctrinal and non-doctrinal research methodology; the doctrinal depends on primary and secondary sources, and the non-doctrinal is based on an in-depth investigation of archival documents from reconciliation centers (general statistics and reconciliationminutes). The investigation concluded that these centers play a significant role in reducing the workload of family courts and assisting conflicted parties in reaching alternative resolutions other than divorce or marriage dissolution. It also indicated that the methods are either through mediation, or arbitration and the desirable resolutions includes financial disbursement or behavioural change.

Item Type: Book Chapter
Uncontrolled Keywords: Alternative dispute resolutions, Family law, Saudi law, Spouse issues, Reconciliation centers
Subjects: K Law > K670 Family Law
K Law > KBP Islamic Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP50 History, development and application of Islamic law
K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User: Dr. Ramizah Wan Muhammad
Date Deposited: 25 May 2021 10:32
Last Modified: 25 May 2021 10:32
URI: http://irep.iium.edu.my/id/eprint/89913

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