Family arbitration is one of the alternative dispute resolution methods recognised in Islam. It has gained significant importance among Syrians after the Syrian revolution in 2011, as displacement and war led to the fragmentation of the social fabric and an increase in family-related issues, including divorce and financial disputes. In Türkiye, home to millions of Syrian refugees, family arbitration centres have emerged as a practical solution to restore family stability and alleviate the burden on courts.

The Legitimacy of Arbitration and Its Importance in Resolving Disputes

The legitimacy of arbitration in resolving marital and family disputes is firmly rooted in the Quran and Sunnah. One notable reference is the Quranic verse: 

“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them.” (Surah An-Nisa: 35).

In the Syrian context, the need for arbitration has increased significantly following the collapse of official judicial institutions and the difficulty of accessing courts, particularly in conflict zones and host countries. Arbitration provides privacy, expedited processes, and amicable solutions that satisfy both parties, making it a practical alternative to traditional courts.

Reasons Syrians Resort to Family Arbitration 

1. Confidentiality: Many Syrians prefer arbitration to maintain the privacy of marital disputes, avoiding public exposure in courtrooms.

2. Speed of Resolution: Arbitration bypasses lengthy legal procedures, with most cases resolved in one or two sessions.

3. Preserving Relationships: By relying on mutual consent and the acceptance of the arbiters’ decisions, arbitration reduces hostility between parties.

4. Preserving Identity and Values: Arbitration enables Syrians to resolve disputes in accordance with Islamic principles and societal values.

5. Avoiding Divorce: Arbitrators strive to consider divorce only as a last resort, enhancing the chances for reconciliation and continuity of marital life. 

The Reality of Family Arbitration in Türkiye

Family arbitration centres have been established in several Turkish cities where Syrian refugees are concentrated. A notable example is the Family Reform Centre in Gaziantep, managed by the Syrian Scholars Association. In 2019, the centre documented 208 cases, including:

•  Forty nine cases of separation due to discord.
• Thirty seven cases of reconciliation between spouses.
• Ninety four other various disputes.

These centres offer services such as spousal reconciliation, divorce documentation, financial dispute resolution, and psychological and social support.

Challenges and Common Issues

1. Unregistered Marriages:

Many Syrian marriages are not officially registered in Turkish courts, creating legal and social challenges such as wives losing their legal and Islamic rights. While marriage in Syria was documented in Sharia courts, ensuring legal protection for both parties, the lack of such documentation in Türkiye has weakened these safeguards.

2. Financial Disputes and Alimony:

Many wives face delays or complete lack of alimony payments following divorce, worsening the economic burden on families, especially in refugee conditions.

3. Child Custody and Visitation:

Disputes over child custody are frequent and require clear legal frameworks, often absent due to the differing laws between Syria and Türkiye.

4. Differences Between Syrian and Turkish Laws:

Legal discrepancies pose significant challenges to the enforcement of arbitration decisions, especially as the Turkish authorities do not formally recognise arbitration centres.

Case Studies from Arbitration Centres

The Case of Samar:

Samar married according to Islamic rites and had two children. Her husband emigrated to Europe and could not return. She sought assistance from an arbitration centre, which deemed the marriage untenable and referred her case to the Sharia court in Azaz, which ruled in favour of separation.

Samar remarked: “Without the intervention of the arbitration centre, I would not have been able to obtain a divorce. They helped me free of charge.”

The Case of Iman: Iman, a young woman in an unregistered Islamic marriage, faced issues with her husband, who was imprisoned on criminal charges. She turned to an arbitration centre, which recommended separation and referred her case to the Azaz court.

Iman stated: “The centre was a lifeline that saved me from prolonged suffering without a divorce, especially since Turkish courts do not recognise my unregistered marriage.” 

Importance of Arbitration in Host Countries

These cases demonstrate the pivotal role of arbitration centres in providing practical and flexible solutions to marital disputes, contributing to the following:

• Reducing the negative impact of family disputes on children.
• Offering a legal alternative that respects the cultural and religious values of the Syrian community.
• Raising community awareness of family rights and responsibilities.

Challenges Facing Arbitration Centres

1. Lack of Funding: Many centres operate with limited resources, hindering their sustainability and ability to expand.

2. Shortage of Qualified Personnel: There is a pressing need for arbitrators with expertise in both Sharia law and legal systems.

3. Lack of International Recognition: The absence of formal recognition for arbitration centres limits the enforceability of their decisions.

4. Legal System Discrepancies: The conflicting legal frameworks between Syria and the host countries complicate arbitration procedures.

5. Difficulty in Enforcement: Even after decisions are issued, parties may refuse to comply.

6. Lack of Awareness: Many refugees are unaware of the significance of arbitration as a judicial alternative.

Proposals to Strengthen the Role of Arbitration

1. Sustainable Financial Support: Ensuring consistent funding to expand arbitration services.

2. Qualified Personnel Training: Developing training programs for arbitrators that combine expertise in Sharia and legal systems.

3. Collaboration with Turkish Authorities: Enhancing cooperation to ensure the recognition of arbitration decisions.

4. Raising Awareness: Educating the refugee community about the role of arbitration as an alternative dispute resolution mechanism.

5. Unified Legal Framework: Establishing regulations that align arbitration centers’ work with Sharia and personal status laws.

Legal Implications of Arbitration Decisions

• Arbitration decisions can be translated and submitted to Turkish family courts if the marriage is officially registered.
• For unregistered marriages, cases are referred to Sharia courts in Syrian oppositionheld areas.
• Turkish authorities do not accept documents issued by courts in opposition-controlled areas, often forcing Syrians to deal with Syrian regime consulates.

Conclusion

Family arbitration among Syrians in Türkiye has proven effective in resolving marital disputes and mitigating the impact of the Syrian conflict on families. It offers a practical alternative that respects Islamic values and provides flexible solutions tailored to refugees’ needs. However, to enhance its effectiveness and sustainability, there is a pressing need to improve funding, achieve international recognition, and develop comprehensive legislation.

Recommendations

1. Drafting a unified arbitration law based on Islamic Sharia, aligned with personal status laws, and recognised locally and internationally.

2. Developing arbitration expertise through training programs that integrate Sharia and legal knowledge.

3. Building international partnerships to enhance the recognition of arbitration decisions.

4. Establishing sustainable funding mechanisms in collaboration with donors and waqf institutions.

5. Using digital systems for remote dispute resolution and case documentation.

6. Launching community awareness campaigns to educate refugees about arbitration centres and their legal rights.

7. Ensuring the independence and integrity of arbitration centres through ethical oversight.

8. Expanding the jurisdiction of arbitration centres to cover family, commercial, and property disputes.

9. Aligning arbitration decisions with international standards to facilitate global recognition.

10. Promoting reconciliation and flexibility within Islamic principles to achieve justice and social acceptance.

These recommendations develop arbitration as a sustainable and equitable solution that meets the needs of refugees and addresses the challenges faced by host countries.