The concerned parties hope the courts would bring about a resolution of their contentious problems with fair and impartial verdict. But in many cases, the verdicts comes after protracted court proceedings.

In such a scenario, a debate on setting up alternative dispute resolution (ADR) offices at various Shariah courts gains significance. They would be instrumental in finding amicable solutions to many family disputes without taking them to courtrooms. Alternatively, social workers at these offices can look into various aspects of the case, thereby helping judges to get a comprehensive picture and judge accordingly.

Speaking to Al-Riyadh Arabic daily, a number of social scientists and specialists underscored the significance of establishing social service offices at courts in various regions of the Kingdom.

Muhammad Al-Aqeel, a professor of Comparative Islamic Jurisprudence, said there were several advantages for setting up offices for social service and family counseling, including enabling contact between the feuding parties in a cordial family atmosphere under the supervision of a social counselor.

“The parties in dispute could be enlightened on the benefits of their rapprochement in a sound and amicable manner,” he said.

Al-Aqeel, a well-known family counselor and member of the social security program, said that these offices could offer alternate options rather than judicial settlements if the social counselor deemed them better to solve the problem.  “These offices can strive to reach an understanding among the parties involved without taking ultimate decisions. They can also help judges in getting them thoroughly informed about all aspects of a dispute, so that they can visualize the case diligently and take an honest decision,” he said.

Al-Aqeel believed that the intervention of a social or family counselor in certain cases could be of great significance in reaching an out-of-court settlement.

“Some people file cases against their relatives or spouses following decisions taken in a fit of rage and they regret it later. Family counselors can play a vital role in bringing them closer again without taking the case into a courtroom,” he said.

Al-Aqeel stressed the need for showing utmost restraint and patience while handling such cases. “The counselors should give due respect to the feelings of the clients involved in disputes. They should consider the interests of their clients without harming those of other parties. They should also be keen to protect the rights of clients who are weak or unqualified to take proper decisions,” he said.

He further underscored the importance to compel both parties not to make public confidential matters revealed for the sole purpose of seeking reconciliation.

Abdul Majeed bin Tash Niyazi, undersecretary at the social service department at Imam Muhammad bin Saud Islamic University, stressed the need for giving prominence to reconciliation on humane grounds. “Complications of modern social life and the influence of fast changes in all walks of life produce a negative impact on almost all segments of society. Hence, giving prominence to the humane aspect in settling disputes is of paramount importance,” he said while noting that there were several units for social service, family counseling and achieving reconciliation in a number of countries that were playing a constructive role.

Niyazi pointed out that social service offices and family counselors could do a great work in bringing closer feuding parties and try to solve their disputes in a cordial atmosphere. “These offices and counselors can also play a major awareness role in helping family members to stay away from situations that may end up in disputes and conflicts of interests. They can also inform members of society about their rights as well as duties and responsibilities,” he said.

Mansour bin Askar, associate professor of community science at Imam Muhammad bin Saud Islamic University, said the rising tide of family breakups prompted him to argue in favor of ADR offices in Shariah courts. “We have to follow the example of reconciliation committees that came into being in Riyadh and Jeddah. We can also take advantage of the successful experiments of some of our neighboring countries like the United Arab Emirates and Kuwait in this respect,” he said.

Professor Abdul Rahman bin Sayer Al-Shamri, a leading family counselor, said that social workers play a key role with regard to family cases. “It is essential that courts appoint a full-time panel of social workers who strive hard to achieve reconciliation and rapprochement between couples on the brink of separation. They should listen carefully, and, if helpful, make field visits in order to solve the problem,” he said while noting that judges normally did not have sufficient time for this.

On her part, professor Maysuba Al-Dohaiman from the department of social service at King Saud University noted that the role of a social worker was that of a mediator between parties involved in a dispute. She also stressed that there should be cooperation and coordination between social specialists and nongovernmental organizations working in the field of extending social and family counseling services.