Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Mediation in Marital Discord in Islamic Law: Legislative Foundation and Contemporary Application

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Arab Law Quarterly

Mediation as a method of marriage conflict resolution has recently emerged as one of the most workable institutionalized techniques in Western jurisdictions. In Islamic law, although ipso facto, it was given legislative recognition centuries ago under the principle of tahkim; its potential as a viable reconciliation technique was somewhat obscured by juridical technicalities. Indisputably, mediation was the underlying ratio legis for the institution of hakam (arbitration). In practice, however, mediation was not the sole prerogative of the arbitration. It was instituted and carried out through numerous culturally specific methods, both formal and informal. In the Malaysian scene, mediation in family dispute is part of the ongoing daily job of Shari'ah lawyers, judges and officers in religious departments. However, critiques believe that neither the agents under traditional hakam nor Shari'ah practitioners of Shari'ah bodies have the necessary training and soft skills to act as effective go-betweens in resolving marital conflicts in the contemporary setting. The alternative, therefore, is to create a body such as a “Conciliatory Committee” using the pattern for a Western mediation model. Thus this paper, while agreeing with this idea, proposes an integrated method of doing this within the hybrid framework of both arbitration and modern mediation techniques consistent with Islamic legal methodology.

Affiliations: 1: Associate Professor of Islamic Law, International Islamic University of Malaysia;, Email:


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Arab Law Quarterly — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation