Jurisprudential and Legal Principles of Arbitration and Mediation and Their Role in Preventing Divorce as a Social Harm

One of the most important issues in any society goes back to the field of family. Throughout history, family as the most important and main social unit has always performed important duties towards society. For divorce is one of the components affecting family instability, its study is very significant. At the same time, the study of the family in today's societies shows that families face many challenges, including child abuse, spouse abuse, domestic violence, and the family disintegration phenomenon which are all some of the most important factors in the occurrence of social harms. Divorce is a social phenomenon for which several factors are involved including lack of mutual understanding of each other's behavior, not giving sexual submission, unemployment, addiction, etc. To reduce and prevent this social harm, Islamic jurisprudence and status law have provided solutions such as arbitration, mediation, peace and reconciliation, and advice, each of which in turn are effective in strengthening family ties. The present study presents the most important legal jurisprudential solutions, including arbitration and mediation, to prevent the social problem of divorce.