Urgensi Mediasi dalam Penyelesaian Sengketa Perceraian Perspektif Hukum Keluarga Islam dan Praktik

Purpose: This study aims to assess the effectiveness of mediation in resolving divorce disputes at the Religious Court, emphasizing its importance to ensure a faster, fairer process aligned with Islamic family law. Research Methodology: The research methodology employed is library research, utilizing scientific journal articles and research reports related to the legal aspects and practices of mediation in divorce. Results: The analysis reveals that: 1) Islamic family law advocates mediation as a suitable mechanism for divorce resolution, promoting family preservation through consultation and consensus based on Sharia law; 2) Mediation practices in Religious Courts face several challenges, including misunderstandings among mediators, resistance from parties, and psychological and social barriers; 3) Mediation is a vital, cost-effective solution that maintains family harmony, reduces the burden on courts, and mitigates social impacts of divorce, necessitating enhanced quality and awareness. Conclusion: Mediation aligns with Sharia principles and is advisable for divorce cases, as it preserves familial ties and facilitates peaceful, expedient resolutions. Limitations: The study is limited to secondary data sources and may not fully represent the current practical challenges faced by mediators in the field. Contribution: This research underscores the need for improved mediation practices within the Religious Court system, advocating for increased awareness and training to optimize its role in family dispute resolution in line with Islamic legal principles.

Authors

Publication Details

Journal
Kajian Ilmiah Hukum dan Kenegaraan
Published
2024-12-24
DOI
https://doi.org/10.35912/kihan.v3i2.4868
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

Urgensi Mediasi dalam Penyelesaian Sengketa Perceraian Perspektif Hukum Keluarga Islam dan Praktik

Tarmizi Nur
Kajian Ilmiah Hukum dan Kenegaraan
Marriage and Family Dynamics
article

Urgensi Mediasi dalam Penyelesaian Sengketa Perceraian Perspektif Hukum Keluarga Islam dan Praktik

Tarmizi Nur
article en

Abstract

Purpose: This study aims to assess the effectiveness of mediation in resolving divorce disputes at the Religious Court, emphasizing its importance to ensure a faster, fairer process aligned with Islamic family law. Research Methodology: The research methodology employed is library research, utilizing scientific journal articles and research reports related to the legal aspects and practices of mediation in divorce. Results: The analysis reveals that: 1) Islamic family law advocates mediation as a suitable mechanism for divorce resolution, promoting family preservation through consultation and consensus based on Sharia law; 2) Mediation practices in Religious Courts face several challenges, including misunderstandings among mediators, resistance from parties, and psychological and social barriers; 3) Mediation is a vital, cost-effective solution that maintains family harmony, reduces the burden on courts, and mitigates social impacts of divorce, necessitating enhanced quality and awareness. Conclusion: Mediation aligns with Sharia principles and is advisable for divorce cases, as it preserves familial ties and facilitates peaceful, expedient resolutions. Limitations: The study is limited to secondary data sources and may not fully represent the current practical challenges faced by mediators in the field. Contribution: This research underscores the need for improved mediation practices within the Religious Court system, advocating for increased awareness and training to optimize its role in family dispute resolution in line with Islamic legal principles.

Kajian Ilmiah Hukum dan KenegaraanVol. 3(2)
Openalex Percentile: Top 50%
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.