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Cilmardani Cilmardani
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Peran Ninik Mamak dalam Penyelesaian KDRT di Nagari Duku Utara Perspektif Hukum Keluarga Islam Cilmardani Cilmardani; Arsal Arsal
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.2496

Abstract

This study examines the role of Ninik Mamak in resolving domestic violence (DV) cases in Nagari Duku Utara, Koto XI Tarusan Subdistrict, Pesisir Selatan Regency, where community members tend to prioritize customary mechanisms over formal legal procedures under Law No. 23 of 2004 on the Elimination of Domestic Violence. This study aims to analyze the techniques employed by Ninik Mamak in resolving domestic violence cases and assess their conformity with Islamic family law. This field research employs a descriptive qualitative approach. Primary data were collected through in-depth interviews with four Ninik Mamak, the Wali Nagari, the Nagari Secretary, and local community members, while secondary data were obtained from legal documents and relevant literature. Data were analyzed through reduction, presentation, and conclusion drawing. The findings reveal five stages of dispute resolution: summoning the parties, gathering statements, providing advice, facilitating reconciliation through family mediation, and drafting a written peace agreement. These procedures emphasize deliberation, family involvement, and peaceful settlement. In principle, the practices align with Islamic family law. The role of Ninik Mamak corresponds to that of a hakam (arbitrator) in Qur'an 4:35; deliberation reflects Qur'an 42:38; advice relates to Qur'an 103:3; and written agreements correspond to the obligation to fulfill agreements in Qur'an 5:1. These practices also relate to the Compilation of Islamic Law, the Marriage Law, and the Domestic Violence Law. The study concludes that customary mechanisms can support family dispute resolution, provided that reconciliation does not compromise victims' safety, legal rights, or access to formal protection.