Is Mediation the Preferred Way to Divorce in Islam?

Yes, mediation is highly encouraged in Islam. The Quran and Hadith emphasize dispute resolution through arbitration (mediation) to preserve the co-parenting dynamic where possible.

Mediation as a method of marriage conflict resolution has recently emerged as one of the most workable institutionalized techniques in Western jurisdictions. In Islamic law it was given legislative recognition centuries ago under the principle of tahkim; its potential as a viable reconciliation technique was somewhat obscured by juridical technicalities. Indisputably, mediation was the underlying reason for the institution of hakam (arbitration). In practice, however, mediation was not the sole prerogative of the arbitration. It was instituted and carried out through numerous culturally specific methods, both formal and informal. 

Therefore, to apply the Islamic principles of mediation and arbitration within the U.S. system of laws as New York State is a logical next step. New York has recognized the benefits of mediation and there is a presumption that each matrimonial matter shall be referred to mediation for potential resolution.

Being a Muslim attorney and a neutral mediator, Ms. Safdar can apply the Islamic principles of dispute resolution and be cognizant of the religious and cultural norms while applying New York State law and therefore the mediation would be tailored to your family and within the bounds of Islamic jurisprudence.