Within the scope of the project, it is aimed to examine the institution of family mediation/arbitration—an important mechanism in the resolution of family disputes—through a multidisciplinary approach. The study is planned to focus on the system envisaged in the 1917 Hukuk-ı Aile Kararnamesi (Family Law Decree), which emerged within the context of the codification movement of the late Ottoman period, and to analyze it from both historical and legal perspectives. The research will not be limited to the text of the Decree itself; it will also analyze court decisions illuminating the practices of the period (qadi court records) as well as contemporary doctrinal debates. Based on the findings obtained, the project aims to develop a sustainable, effective, and practicable family mediation model that is compatible with the principles of contemporary Turkish law.
The project team includes, as researchers, Dr. Hatice Kübra Kahya from the Faculty of Theology at Istanbul University and Research Assistant Yavuz Selim Kol from the Faculty of Law at Sakarya University, as well as Dr. Alp Eren Topal, a faculty member of our University’s Department of History, who serves as an advisor.
Through this project, it is intended to develop a model proposal that facilitates the resolution of family disputes in Türkiye, respects family privacy, and contributes to shortening judicial proceedings. In addition, the project aims to convey the findings to policymakers in a manner that provides an exemplary framework for judicial reform initiatives and legislative processes.
For the project details, please click here.
