PEMBAGIAN WARISAN DALAM HUKUM KELUARGA ISLAM: KONFLIK DAN SOLUSI DI PENGADILAN AGAMA

This study aims to identify the factors that cause conflicts in the distribution of inheritance in the Religious Courts, analyze the settlement strategies applied based on Islamic Law, and examine the harmony between Islamic Family Law and the settlement solutions carried out. The research approach uses qualitative with case study design, data collection techniques including observation, interviews, and documentation. The data analysis uses the Miles and Huberman interactive model which includes the stages of data condensation, data presentation, and conclusion drawn. Data validity uses triangulation of sources and methods. The results of the study show that mediation is a means to resolve inheritance disputes, which is directed to achieve a peaceful consensus and ensure justice, especially in the fulfillment of women's rights. Religious Courts integrate the principles of Islamic Law by taking into account the values of customary law in order to produce a fair and socially acceptable verdict. However, in areas strongly influenced by customs, challenges remain. Therefore, legal education about inheritance rights based on sharia and the implementation of effective communication strategies in the mediation process are key to realizing a harmonious and fair settlement.

Authors

Publication Details

Journal
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam
Published
2025-04-20
DOI
https://doi.org/10.69552/ar-risalah.v23i1.2762
Primary Topic
Marriage and Family Dynamics
Type
article
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article

PEMBAGIAN WARISAN DALAM HUKUM KELUARGA ISLAM: KONFLIK DAN SOLUSI DI PENGADILAN AGAMA

Neisty Pratiwi
1 links
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam
Marriage and Family Dynamics
article

PEMBAGIAN WARISAN DALAM HUKUM KELUARGA ISLAM: KONFLIK DAN SOLUSI DI PENGADILAN AGAMA

Neisty Pratiwi
article en

Abstract

This study aims to identify the factors that cause conflicts in the distribution of inheritance in the Religious Courts, analyze the settlement strategies applied based on Islamic Law, and examine the harmony between Islamic Family Law and the settlement solutions carried out. The research approach uses qualitative with case study design, data collection techniques including observation, interviews, and documentation. The data analysis uses the Miles and Huberman interactive model which includes the stages of data condensation, data presentation, and conclusion drawn. Data validity uses triangulation of sources and methods. The results of the study show that mediation is a means to resolve inheritance disputes, which is directed to achieve a peaceful consensus and ensure justice, especially in the fulfillment of women's rights. Religious Courts integrate the principles of Islamic Law by taking into account the values of customary law in order to produce a fair and socially acceptable verdict. However, in areas strongly influenced by customs, challenges remain. Therefore, legal education about inheritance rights based on sharia and the implementation of effective communication strategies in the mediation process are key to realizing a harmonious and fair settlement.

Ar-Risalah Media Keislaman Pendidikan dan Hukum IslamVol. 23(1)
Openalex Percentile: Top 89%
Marriage and Family Dynamics
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PEMBAGIAN WARISAN DALAM HUKUM KELUARGA ISLAM: KONFLIK DAN SOLUSI DI PENGADILAN AGAMA — Neisty Pratiwi · Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam (2025) | TGRS Research Map | TGRS