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All Journal DE JURE Marwah: Jurnal Perempuan, Agama dan Jender
Muhammad Nasrulloh
Universitas Islam Negeri Maulana Malik Ibrahim
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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From Moral Authority to Policy Integration: The Role of Religious Leaders in Marital Mediation in Indonesia and Malaysia Musleh Harry; Tutik Hamidah; Jundiani Jundiani; Muhammad Nasrulloh; Rafeah Saidon
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.35639

Abstract

Divorce rates in certain Southeast Asian countries remain a growing concern, with some regions experiencing one divorce in every four marriages. Formal mediation in religious courts has proven largely ineffective in mitigating this trend. However, two Muslim-majority regions, namely Rembang in Indonesia and Melaka in Malaysia, consistently demonstrate significantly lower divorce rates. This study seeks to explore the underlying factors contributing to this pattern. Employing a qualitative comparative method, this empirical research investigates how religious leadership contributes to family conflict resolution in both communities. The study involved interviews with six (6) informants in Indonesia and six (6) in Malaysia. The findings reveal that the presence of a strong religious ecosystem, in which religious leaders act as informal mediators, plays a central role in preventing divorce and promoting reconciliation. In these communities, religious figures such as imams or kiai are widely respected and trusted, and are often consulted before legal proceedings are considered. In Malaysia, the role of religious leaders has been institutionalised through state-supported programs that integrate them into official family protection and dispute resolution mechanisms. In contrast, Indonesia has not yet developed formal policies that support the role of religious leaders in marital mediation, despite their substantial influence in rural and coastal communities. This study concludes that religious leaders function not only as moral authorities but also as effective mediators who connect community values with personal disputes. Strengthening collaboration between religious institutions and state authorities is crucial to enhancing non-litigation divorce prevention strategies. The integration of faith-based mediation into public policy could significantly contribute to sustaining family resilience in Southeast Asian Muslim societies.Keywords: religious authority; mediation; divorce; marriage.
PROTECTING WOMEN AND CHILDREN DURING FAMILY LITIGATION: A COMPARATIVE STUDY OF TEMPORARY ALIMONY IN MIDDLE EASTERN FAMILY LAWS Muhammad Nasrulloh; Faridatus Suhadak; Muhammad Faiq; Abdul Haris
Marwah: Jurnal Perempuan, Agama dan Jender Vol. 25 No. 1 (2026): MARWAH
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

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Abstract

Temporary alimony has emerged as an important mechanism for protecting women and children from economic hardship during ongoing family litigation. However, Indonesian family law has yet to establish a clear legal framework governing temporary alimony, creating a gap in legal protection before a final court judgment is rendered. This study addresses the question of how temporary alimony mechanisms in selected Middle Eastern jurisdictions can inform the reform of Indonesian family law. Employing a normative legal method, the research uses statutory, conceptual, and comparative approaches, with legal materials analyzed through a descriptive- comparative framework. The findings show that Egypt, Kuwait, Bahrain, Oman, Libya, Syria, and the United Arab Emirates have developed temporary alimony mechanisms through interlocutory decisions that are immediately enforceable and possess direct executorial force. Two principal typologies are identified: temporary alimony limited to maintenance disputes and temporary alimony applicable to broader family law cases. These regulations reflect a shift in contemporary family law from a formalistic dispute-resolution model toward a preventive legal protection framework that safeguards women and children against economic, social, and psychological vulnerability during litigation. In contrast, Indonesian family law continues to treat maintenance primarily as a consequence of a final judgment, leaving a significant protection gap throughout the judicial process. This study argues that adopting a temporary alimony mechanism is essential for strengthening legal protection for women and children in Indonesia and for advancing a more responsive, gender-just, and maqāṣid al-sharīʿah-oriented family law system. Keywords: temporary alimony, family law, women and children protection, middle eastern countries.
Co-Authors Abdul Haris Faridatus Suhadak Jundiani Jundiani Muhammad Faiq Musleh Harry Rafeah Saidon Tutik Hamidah