Qatar is spearheading efforts to establish a global Islamic framework for family mediation, seeking to bridge Islamic jurisprudence, legal principles and professional and ethical standards in a unified approach to resolving family disputes, safeguarding rights and strengthening family and social stability.
At the heart of the initiative is the proposed Islamic Charter for Family Mediation, which will take centre stage at an international conference hosted by Qatar University on Nov 23. The event is being organised jointly by the College of Sharia and Islamic Studies and the College of Law, in partnership with the Supreme Judiciary Council and the Ministry of Social Development and Family.
The initiative reflects growing recognition of family mediation as a means of resolving disputes amicably, preserving family relationships and mitigating the social and psychological toll of prolonged conflicts, particularly on children. It also signals a push to move family mediation beyond practices largely dependent on individual expertise and professional discretion towards a more structured and consistent framework.
The proposed charter aims to establish clear principles, legal safeguards and professional standards for mediators, define their responsibilities and strengthen public confidence in mediation services, while respecting the cultural and social values of Muslim communities.
The collaboration between Qatar University, the Supreme Judiciary Council and the Ministry of Social Development and Family underscores the importance of an integrated approach that brings together academic research, judicial expertise and social support.
Academic institutions contribute scholarly and Islamic jurisprudential foundations, research and professional training, while judicial bodies provide practical experience in dispute resolution and social development institutions support family counseling, public awareness and reconciliation efforts.
International dialogue
Beyond its national significance, the conference seeks to foster international dialogue among scholars, researchers and practitioners from diverse legal and social backgrounds, facilitating the exchange of expertise and best practices in family mediation and reconciliation. The discussions are expected to help inform approaches that combine professional rigour with sensitivity to the cultural traditions and social values of Muslim communities.
Speaking to Qatar News Agency (QNA) on the significance of the proposed Islamic charter for family mediation, Dr Ibrahim bin Abdullah al-Ansari, Dean of the College of Sharia and Islamic Studies at Qatar University, said mounting pressures on families, particularly Muslim families, coupled with rising divorce rates and family breakdown, have made it increasingly urgent to strengthen mediation and reconciliation as institutional mechanisms for resolving disputes and safeguarding family stability within a comprehensive Sharia-based, ethical and professional framework.
He explained that the proposed charter seeks to address the absence of a unified Islamic framework governing family mediation as a professional practice, as well as disparities among Muslim countries in the legal and institutional recognition and regulation of such services. These gaps are compounded by inadequate academic and professional training for practitioners and a lack of institutional structures to support their work.
The charter is intended to provide a common frame of reference, setting out professional standards, ethical principles and the social responsibilities of those engaged in family mediation and reconciliation.
Al-Ansari stressed that the charter must be rooted in the overarching principles of Islamic Sharia, particularly justice, fairness, the prevention of harm and the protection of all parties’ rights. He emphasised that family reconciliation should not be pursued solely to preserve the marital relationship, but must prioritise dignity, mutual respect and family stability, whether through preserving the marriage or facilitating an amicable separation.
On the professional and ethical standards underpinning the proposed framework, al-Ansari identified objectivity, due diligence and impartiality as fundamental requirements. Mediators, he said, must establish the facts, give both parties a fair hearing and avoid preconceived judgments, while maintaining integrity and independence and ensuring that neither party’s rights are compromised.
He also highlighted the importance of providing clear guidance, explaining that mediators should ensure both parties understand their rights, obligations and available options so they can make informed decisions. The process must also safeguard their dignity and autonomy, giving each an equal opportunity to express their views freely and make decisions without pressure or coercion.
Confidentiality and privacy are equally essential, he added, with mediators required to protect information disclosed during sessions while clearly defining exceptions where disclosure is necessary to prevent serious harm, particularly physical harm. Such safeguards, he said, are fundamental to preserving the integrity of mediation, building public confidence and achieving the broader objectives of family reconciliation.
Turning to Qatar’s experience, al-Ansari highlighted the integration of family mediation into the judicial system and the country’s investment in specialised professional training as two key pillars of its approach. He explained that judges refer divorce cases to the Family Reconciliation Office at the court to facilitate settlement efforts. The office subsequently submits a report to the judge, enabling the court to take the outcome of the reconciliation process into account before proceeding with the case.
The system also provides for the appointment of two family representatives, who assist the judge in examining the causes of marital disputes and determining responsibility for the discord. A further pillar is professional qualification. Al-Ansari noted that the Supreme Judiciary Council, in co-operation with Qatar University, has introduced a specialised professional diploma in family mediation to equip practitioners with the academic grounding and practical skills needed to enhance their competence and strengthen professional standards.
Dr Mahmoud Abdulaziz Abu al-Maati, Professor of Family Law at Lusail University’s College of Law, told Qatar News Agency (QNA) that the proposed Islamic Charter for Family Mediation represents an important step towards advancing family justice, provided it translates the principles of family reconciliation from broad social and ethical aspirations into a clearly defined institutional and professional framework integrating Islamic jurisprudence, legal safeguards and professional standards.
He said the charter’s significance lies in its recognition that family disputes extend well beyond legal disagreements between spouses, affecting family stability, children’s psychological well-being and relationships across the wider family. Their repercussions, he noted, can persist long after judicial proceedings have ended.
Abu al-Maati said family mediation is rooted in the fundamental objectives of Islamic Sharia, particularly reconciliation, the prevention of harm, justice and the protection of rights. On the role of mediation in containing escalating disputes and easing pressure on the courts, he said it can make a tangible contribution when conducted under clear legal and professional standards. Early intervention can prevent disagreements from developing into protracted disputes with far-reaching psychological, social and financial consequences.
Mediation can also ease the burden on the courts by resolving disputes amenable to amicable settlement, allowing judicial resources to be focused on cases requiring investigation, binding rulings or urgent protective measures. Its effectiveness, however, depends on the quality of the process, compliance with settlement agreements and the competence of the institutions overseeing it.
Turning to the legal safeguards needed to ensure fair and effective mediation, Abu al-Maati identified free and informed consent as a fundamental requirement. Neither party should enter the process under coercion or threat, and both must fully understand their rights and the legal implications of any agreement.
Other essential safeguards include mediator neutrality and independence, professional accreditation, and measures to prevent conflicts of interest or favouritism. He also highlighted the need to protect parties from imbalances in bargaining power, particularly where one spouse has greater financial, psychological or social influence over the other.
Legal provisions
Confidentiality must likewise be governed by clear legal provisions that protect family privacy while allowing for statutory exceptions, particularly where disclosure is required by law or necessary to protect individuals from violence or danger.
He also underscored the importance of reviewing settlement agreements to ensure they are lawful, clear and consistent with applicable legislation, and do not involve the relinquishment of rights that cannot legally be waived. Proper documentation, enforcement and follow-up mechanisms are equally important to ensure that settlements are more than verbal commitments and can be upheld if either party fails to comply.
Children’s rights, he stressed, require particular attention in family mediation, especially in disputes involving maintenance, custody and visitation.
Such cases extend beyond the personal interests of the parents, as they involve rights that may belong to individuals who are not parties to the mediation process, foremost among them the children themselves.
Abu al-Maati emphasised the need to distinguish between agreeing on how rights are exercised and regulated and relinquishing those rights in ways that could harm their holders or violate the law.
In custody and visitation disputes, mediation can help parents establish practical arrangements for visitation schedules, the handover of children and communication on matters relating to education, healthcare and their daily needs.
Looking ahead, Abu al-Maati said a global Islamic charter for family mediation must go beyond setting out general principles to establish a comprehensive framework for implementation, professional training, oversight and evaluation.
Its success, he noted, will depend not only on the soundness of its provisions but also on its ability to bring about tangible improvements in institutional practices and in the lives of families using mediation services.
This requires, first, a clear legislative framework defining the legal status of family mediation, its relationship with judicial proceedings, the circumstances in which cases may be referred to mediation and the legal effect of resulting agreements.
It also requires effective co-ordination among courts, social agencies, family reconciliation centres, universities and family protection institutions, with clearly defined roles and responsibilities.
Equally important is building a qualified pool of mediators with the academic knowledge and practical skills needed to navigate Islamic and civil law, family psychology, communication and negotiation, conflict management, children’s needs and sensitive cases.
The International Conference on the Islamic Charter for Family Mediation therefore marks an important step towards strengthening the scholarly and professional foundations of mediation and advancing dispute-resolution mechanisms that protect rights while preserving family ties.
Qatar’s hosting of the conference also reflects the value of co-operation among national institutions in addressing social challenges and drawing on Islamic jurisprudence, legal expertise and judicial experience to develop a more effective family reconciliation framework that supports family stability, protects children and strengthens social cohesion.