Perlindungan Institusi Perkawinan Melalui Asas Mempersulit Perceraian: Tinjauan Maqashid Al-Syariah Terhadap Peraktik Di Pengadilan Agama Sinjai

This research discusses the protection of the institution of marriage through the principle of making divorce difficult: maqashid al-syariah review of practices at the Sinjai Religious Court. This research uses a qualitative method with an empirical approach. Data collection techniques include observation, interviews, literature study, and documentation. The instruments used in this research are interview guides and writing interview results. The process of data management and analysis was carried out through the stages of data reduction, data display, and conclution drawing/verification. The results showed that 1) The application of this principle has been carried out in accordance with the rules of the Law, its application has started since completion of registration, then the panel of judges makes peace efforts to both parties by providing advice, then the implementation of mediation to the parties in accordance with Perma number 1 of 2016 by means of the Panel of Judges appointing a mediator. The application of reconciliation by the panel of judges is still carried out during the trial process. the challenge in applying the principle of making divorce difficult is the occurrence of prolonged and very complicated domestic disputes, cultural factors in the community and economic factors 2). The maqāshid al - Sharīah review of the application of the principle of making divorce difficult in the Sinjai Religious Court shows that the application of the principle of making divorce difficult is in accordance with the objectives of sharia, namely maintaining religion, soul, mind, offspring, property and preventing the negative effects of divorce. The application of the principle of making divorce difficult has helped prevent unnecessary divorce and provided an opportunity for husbands and wives to resolve their problems through mediation.

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Publication Details

Journal
Shautuna Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum
Published
2025-09-30
DOI
https://doi.org/10.24252/shautuna.v6i3.56876
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Perlindungan Institusi Perkawinan Melalui Asas Mempersulit Perceraian: Tinjauan Maqashid Al-Syariah Terhadap Peraktik Di Pengadilan Agama Sinjai

Akmal Ariani, Muh. Yusuf, Nisaul Haq Bintu Has
Shautuna Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum
Marriage and Family Dynamics
article

Perlindungan Institusi Perkawinan Melalui Asas Mempersulit Perceraian: Tinjauan Maqashid Al-Syariah Terhadap Peraktik Di Pengadilan Agama Sinjai

Akmal Ariani, Muh. Yusuf, Nisaul Haq Bintu Has
article en

Abstract

This research discusses the protection of the institution of marriage through the principle of making divorce difficult: maqashid al-syariah review of practices at the Sinjai Religious Court. This research uses a qualitative method with an empirical approach. Data collection techniques include observation, interviews, literature study, and documentation. The instruments used in this research are interview guides and writing interview results. The process of data management and analysis was carried out through the stages of data reduction, data display, and conclution drawing/verification. The results showed that 1) The application of this principle has been carried out in accordance with the rules of the Law, its application has started since completion of registration, then the panel of judges makes peace efforts to both parties by providing advice, then the implementation of mediation to the parties in accordance with Perma number 1 of 2016 by means of the Panel of Judges appointing a mediator. The application of reconciliation by the panel of judges is still carried out during the trial process. the challenge in applying the principle of making divorce difficult is the occurrence of prolonged and very complicated domestic disputes, cultural factors in the community and economic factors 2). The maqāshid al - Sharīah review of the application of the principle of making divorce difficult in the Sinjai Religious Court shows that the application of the principle of making divorce difficult is in accordance with the objectives of sharia, namely maintaining religion, soul, mind, offspring, property and preventing the negative effects of divorce. The application of the principle of making divorce difficult has helped prevent unnecessary divorce and provided an opportunity for husbands and wives to resolve their problems through mediation.

Shautuna Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum
Sunan Kalijaga State Islamic University Yogyakarta (ID), Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 62%
Marriage and Family Dynamics
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