Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts

Purpose: This study explores the urgency of reforming mediation regulations in Islamic family law disputes within Indonesia's religious courts. The current mediation framework is often criticized for its rigidity, lack of legal certainty, and procedural inefficiencies, which hinder timely dispute resolution and limit access to justice. The research aims to propose a more responsive regulatory model aligned with both Islamic values and contemporary legal needs. Methods: The research uses a normative legal research method with an analysis of the legislative approach, which aims the aim of analyzing the regulation of mediation in dispute resolution in Indonesia. The method of collecting primary and secondary legal materials using the document study method, in this legal material is then collected and grouped according to the formulation of each problem. Findings: The research identifies major regulatory shortcomings, including the weak enforceability of mediated agreements, inadequate mediator qualifications, and the absence of institutional support to encourage mediation. These issues contribute to prolonged litigation and discourage parties from choosing mediation. Reform is needed to establish a more flexible, transparent, and enforceable mediation system that upholds both procedural justice and Islamic legal principles. Research Implications/Limitations: The study is limited by its focus on regulatory analysis. Originality/Value: The study offers a conceptual framework for reconstructing mediation regulation by bridging Islamic jurisprudence with modern legal mechanisms. Its recommendations provide valuable input for policymakers seeking to strengthen mediation as an institutionalized and effective tool for resolving family disputes in Indonesia’s religious courts.

Authors

Institutions

Publication Details

Journal
Legitima Jurnal Hukum Keluarga Islam
Published
2025-06-30
DOI
https://doi.org/10.33367/2kf5f656
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts

Erfaniah Zuhriah, Putra Pandu Dinata Nurdiansyah, Lalu Muhammad Tamimi, Naufal Rifqi Nasution
Legitima Jurnal Hukum Keluarga Islam
Marriage and Family Dynamics
article

Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts

Erfaniah Zuhriah, Putra Pandu Dinata Nurdiansyah, Lalu Muhammad Tamimi, Naufal Rifqi Nasution
article en

Abstract

Purpose: This study explores the urgency of reforming mediation regulations in Islamic family law disputes within Indonesia's religious courts. The current mediation framework is often criticized for its rigidity, lack of legal certainty, and procedural inefficiencies, which hinder timely dispute resolution and limit access to justice. The research aims to propose a more responsive regulatory model aligned with both Islamic values and contemporary legal needs. Methods: The research uses a normative legal research method with an analysis of the legislative approach, which aims the aim of analyzing the regulation of mediation in dispute resolution in Indonesia. The method of collecting primary and secondary legal materials using the document study method, in this legal material is then collected and grouped according to the formulation of each problem. Findings: The research identifies major regulatory shortcomings, including the weak enforceability of mediated agreements, inadequate mediator qualifications, and the absence of institutional support to encourage mediation. These issues contribute to prolonged litigation and discourage parties from choosing mediation. Reform is needed to establish a more flexible, transparent, and enforceable mediation system that upholds both procedural justice and Islamic legal principles. Research Implications/Limitations: The study is limited by its focus on regulatory analysis. Originality/Value: The study offers a conceptual framework for reconstructing mediation regulation by bridging Islamic jurisprudence with modern legal mechanisms. Its recommendations provide valuable input for policymakers seeking to strengthen mediation as an institutionalized and effective tool for resolving family disputes in Indonesia’s religious courts.

Legitima Jurnal Hukum Keluarga IslamVol. 7(2)
Universitas Islam Negeri Maulana Malik Ibrahim (ID), Northern University of Malaysia (MY)
Openalex Percentile: Top 69%
Marriage and Family Dynamics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.