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All Journal Samara: Journal of Islamic Law and Family Studies
Kieren Akbar
Necmettin Erbakan University, Turkey
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Integration of Mediator Ethics and the Principle of Ishlah in Islamic Law Sahbi Diti; Kieren Akbar; Yosi Aryanti
Samara: Journal of Islamic Law and Family Studies Vol. 4 No. 1 (2026): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Abstrak Conflict is an inseparable part of social life; therefore, dispute resolution mechanisms are needed that can uphold justice while preserving social relationships. From the perspective of Islamic law, the principle of ishlah serves as a crucial foundation for dispute resolution through a peaceful approach oriented toward the public good. This study aims to analyze the integration of mediator ethics and the principle of ishlah from an Islamic legal perspective, as well as the relevance of mediator ethical values to the effectiveness of dispute resolution. This study employs a qualitative method using a content analysis approach. Data were obtained from the Quran, hadith, classical and contemporary fiqh texts, legislation, and relevant scholarly literature, and were then analyzed thematically and comparatively. The results of the study indicate that the success of mediation is determined not only by the mediator’s technical competence but also by moral integrity, as reflected in the values of justice (al-‘adl), honesty (al-shidq), trustworthiness, wisdom, and impartiality. The principle of ishlah is not only oriented toward the formal resolution of conflicts but also toward the restoration of social relationships, reconciliation, and the public interest in accordance with the objectives of maqāṣid al-syarī‘ah. This study has implications for the development of Islamic mediation theory and the strengthening of mediation practices that are professional, just, humane, and oriented toward the public interest.
Co-Authors Sahbi Diti Yosi Aryanti