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All Journal al-Afkar, Journal For Islamic Studies Jurnal Kebijakan Pembangunan
Hartiningsih
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Journal : al-Afkar, Journal For Islamic Studies

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Practices of Implementing Divorce Case Mediation in Yogyakarta Religious Courts Review of Positive Law and Maqasid Syariah Sahril Fadli; Rafi Pradipa; Relisa; Nurchamidah; Hartiningsih
al-Afkar, Journal For Islamic Studies Vol. 8 No. 3 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i3.2218

Abstract

This study examines and explores the effectiveness of Mediation Settlement in Divorce Cases at the Yogyakarta City Religious Court or PAY. The research method is based on the research object in the form of a cumulative study of divorce cases at the Yogyakarta Religious Court where case tracing and decisions and interviews with several judges are the data sources. From January to December 2023, out of 764 cases recorded, only 162 were mediated, of which 55 divorce cases were successful. PAY has carried out the mediation process in accordance with Supreme Court Regulation or PERMA Number 1 of 2016 concerning Mediation Procedures in Court and uses PERMA as a reference in applying mediation it is evident that Maqasid Syariah can function as a guide for Yogtakarta Religious Court mediators in the process of achieving reconciliation between the parties involved in the dispute.
Nikah Sirri Versus Nikah Understand Acte: Perspective of Contemporary Islamic Law Nawirman; Achmad Musyahid; Hartiningsih; Nurchamidah
al-Afkar, Journal For Islamic Studies Vol. 6 No. 4 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i4.735

Abstract

The perspective of contemporary Islamic law is a perspective that tries to see further how understand acte versus sirri marriage exists in the midst of modern human life as a phenomenon. An approach based on the responsive fiqh paradigm is a necessity in the development of contemporary Islamic law, including addressing sirri marriage versus understand acte marriage. In this process, a marriage that is carried out must be carried out through an understand acte marriage because with the registration of marriages at an official state institution, this will guarantee state protection with its normative juridical authority for the parties involve. Phenomenon of modern human life today which shows that marriage with sirri marriage raises various problems implies the need for contemporary Islamic law to emphasize that registration of marriage in an official state institution or understand act marriage is an aspect that needs to be considered to become a legal requirement of a marriage.
Co-Authors Achmad Musyahid Muhammad Riswan Nawirman Nurchamidah Rafi Pradipa Relisa Sahril Fadli