The Role of Religious Courts in Resolving Family Disputes Through Adjudication and Mediation

Abstract

This article examines the role of religious courts in resolving family disputes, focusing on their authority, adjudication processes, and mediation efforts in cases of marriage, inheritance, and waqf. The discussion presents a conceptual exploration of how religious courts function as institutions that connect state law and religious norms in the regulation of family relations. Adjudication is viewed as more than the mechanical application of legal rules, since judges must engage with emotionally charged relationships and competing claims among family members. Mediation is discussed as an institutionalised attempt to encourage amicable settlements that preserve long term family harmony and protect vulnerable parties, particularly women and children. Waqf disputes are considered in relation to the need to safeguard the original religious intent behind endowed property while addressing present day management issues. By synthesising these aspects, the article highlights the potential of religious courts to provide resolutions that combine legal certainty with moral responsibility in family law.