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All Journal Ulul Albab: Jurnal Studi Islam DE JURE Jurnal IUS (Kajian Hukum dan Keadilan) El-Mashlahah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Asy-Syariah Sakina: Journal of Family Studies BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Kartika: Jurnal Studi Keislaman Al-Rasikh : Jurnal Hukum Islam Jurnal Pendidikan Islam Syura: Journal of Law International Journal of Law and Society Al-Hayat: Journal of Islamic Education Journal of Research on Community Engagement
Musleh Harry
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Mediasi Sebagai Pilar Ketahanan Keluarga dalam Penyelesaian Sengketa Rumah Tangga Febby Ansah Tri Pamungkas; Musleh Harry
Kartika: Jurnal Studi Keislaman Vol. 5 No. 2 (2025): Kartika: Jurnal Studi Keislaman (Agustus)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i2.556

Abstract

The family constitutes a fundamental foundation of social resilience; however, the dynamics of modern life have made domestic conflicts increasingly complex and unavoidable. Litigation-based dispute resolution often adopts an adversarial, win lose approach that may intensify relational tensions and overlook emotional dimensions as well as children’s best interests. This article examines mediation as a humane and relationally oriented mechanism for resolving domestic disputes and analyzes its relevance in strengthening family resilience. Employing a normative juridical approach, this study reviews statutory regulations, mediation frameworks, and scholarly perspectives on family law. The findings indicate that mediation promotes dialogue, mutual agreement, and shared responsibility among the parties, enabling conflicts to be managed constructively and with dignity. Although its implementation faces challenges such as limited legal awareness and mediator capacity, mediation demonstrates significant potential as a strategic pillar for enhancing family resilience and fostering a more just, sustainable, and human-centered family law system.Keywords: Mediation; Family Resilience; Domestic Disputes; Family Law
Efektivitas Mediasi dalam Penyelesaian Sengketa Perceraian di Pengadilan Agama: Analisis Prosedural dan Substansial Moh. Fauzy S. Sumarto; Musleh Harry
Kartika: Jurnal Studi Keislaman Vol. 5 No. 2 (2025): Kartika: Jurnal Studi Keislaman (Agustus)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i2.563

Abstract

Mediation is a mandatory stage in divorce proceedings within the Religious Courts of Indonesia, as regulated by Supreme Court Regulation (PERMA) No. 1 of 2016. Despite this legal mandate, its effectiveness remains a debated issue in both procedural and substantive aspects. This study aims to examine the effectiveness of mediation through two primary dimensions: procedural effectiveness and substantive effectiveness. Employing a qualitative approach based on normative analysis and literature review, the research reveals that procedural effectiveness is achieved when all mediation stages—such as the appointment of a qualified mediator, the attendance of parties, the conduct of joint and caucus sessions, and the preparation of official reports—are implemented in accordance with legal guidelines. Substantive effectiveness, on the other hand, is reflected in the achievement of fair agreements, balanced communication between parties, the protection of children's interests, and the reduction of post-litigation conflict. The findings emphasize that mediation effectiveness depends not only on whether an agreement is reached but also on the quality of the dialogue and the fairness of the outcome. Strengthening mediator competence, improving mediation facilities, and increasing public awareness are essential measures to enhance the role of mediation in resolving divorce disputes
Mediation of Divorce Disputes by Village Governments from the Perspective of Progressive Legal Theory: Study of Effec-tiveness and Implementation in Banra'as Village, Sumenep Regency Mawardi Mawardi; Roibin Roibin; Musleh Harry
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.888

Abstract

The increasing rate of divorce in rural areas indicates serious challenges in maintaining family resilience as well as the limited effectiveness of formal litigation-based dispute resolution. Judicial processes that tend to be procedural, time-consuming, and focused on legal termination often fail to address the substantive justice needs of the disputing parties. Consequently, alternative dispute resolution mechanisms that are more responsive to local social and cultural values are required. This study aims to examine the effectiveness and implementation of divorce mediation facilitated by the Village Government of Banra’as, Sumenep Regency, through the perspective of Progressive Legal Theory. This research employs a qualitative approach with an empirical research design. Data were collected through field observations, in-depth interviews with village officials, community leaders, and individuals who had previously participated in the mediation process, as well as documentation related to divorce dispute resolution practices at the village level. Data analysis was conducted using a descriptive-analytical method, focusing on mediation practices as a manifestation of living law within the community. The findings reveal that divorce mediation facilitated by the village government demonstrates a relatively high level of effectiveness in reducing divorce cases. This effectiveness is influenced by a familial approach, the utilization of local wisdom, and the strong internalization of religious values within the social life of the Banra’as community. From the perspective of Progressive Legal Theory, this mediation practice reflects a flexible and non-positivistic understanding of law that prioritizes humanity and substantive justice. Village-based mediation not only serves as an alternative dispute resolution mechanism but also functions as a social instrument to preserve family harmony and strengthen social resilience in rural communities.
From Moral Authority to Policy Integration: The Role of Religious Leaders in Marital Mediation in Indonesia and Malaysia Harry, Musleh; Hamidah, Tutik; Jundiani, Jundiani; Nasrulloh, Muhammad; Saidon, Rafeah
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.
Analysis of Maslahah mursalah on the Problem of Absentee Land Ownership in Gresik Regency Al Hafiz, Si Yusuf; Harry, Musleh
al-Rasῑkh: Jurnal Hukum Islam Vol. 15 No. 1 (2026): May
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.3983

Abstract

Although Government Regulation Number 41 of 1964 explicitly prohibits absentee land ownership, the practice of agricultural land control by owners domiciled outside the sub-district remains prevalent, particularly in Gresik Regency. This study aims to analyze the factors contributing to the persistence of absentee land practices in Wonosari Hamlet, Banyuurip Village, and to review its implications from the Maslahah mursalah perspective. This research employs a juridical-empirical method with a sociology of law approach. Data were obtained through field observations and in-depth interviews with landowners, village officials, and the National Land Agency (BPN). The results indicate that the dominant factors driving absentee ownership are economic investment motives by urban residents (Surabaya) and weak land administration supervision at the village and sub-district levels. From the Maslahah mursalah perspective, this practice contradicts the principle of public interest as it undermines the preservation of wealth (hifz al-mal) and life (hifz al-nafs) of the local community. The abandonment of productive land deprives local tenant farmers of economic access, triggering unemployment and agrarian structural inequality. Therefore, a revitalization of the local government’s role in enforcing land redistribution sanctions is necessary to achieve substantive agrarian justice.
Mediation of Divorce Disputes by the Village Government: The Perspective of Progressive Legal Theory and Maqasid Syariah Jasser Auda Mawardi, Mawardi; Roibin, Roibin; Harry, Musleh
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.793

Abstract

The increasing rate of divorce in Indonesia indicates that marital conflicts are no longer merely private matters but have evolved into broader social issues affecting community stability. In addition to litigation through religious courts, community-based alternative dispute resolution mechanisms emphasizing deliberation and local wisdom have developed, one of which is mediation conducted by village governments. This study aims to analyze the effectiveness of divorce dispute mediation carried out by the Village Government of Banra’as, Sumenep Regency, and to examine the practice from the perspectives of progressive legal theory and maqasid al-sharia as proposed by Jasser Auda. This research employs an empirical legal method with a qualitative approach. Data were collected through field observations, interviews with village officials and relevant stakeholders, as well as documentation studies, and were analyzed using descriptive-analytical techniques. The findings reveal that village mediation plays a significant role in reducing domestic conflicts and encouraging reconciliation between spouses before cases are brought to the religious court. From the perspective of progressive law, this practice reflects a humanistic, flexible, and substantively just legal approach. Meanwhile, from the perspective of maqasid al-sharia, village mediation represents an effort to preserve family welfare (hifz al-nasl), maintain social stability, and promote holistic societal well-being. Therefore, mediation conducted by village governments can be regarded as an effective and contextual dispute resolution model that aligns with both legal values and socio-religious norms.
Co-Authors Achmad Alparisi Maulana Ahmad Qusairi Ahmad Samawi Ahmad Wahidi Al Hafiz, Si Yusuf Alif Mudiono As-Suvi, Ahmad Qiram Aziah, Faza Dwiki Alfarisyi Mane Tima Erfaniah Zuhriah Fajarani, Meisy Fajari, Meisy Fakhruddin Fakhrudin Fakhrudin Febby Ansah Tri Pamungkas Ghina Nadiah Imam Sukadi Jundiani Jundiani Mahbub Ainur Rofiq Mawardi Mawardi Mawardi Meisy Fajarani Moh. Fauzy S. Sumarto Mubarak, Fadhel Mufidah, Faizatul Muhammad Riyan Ahsani Nasrulloh, Muhammad Nur Jannani Rohmah, Mamlu'atur Roibin Roibin Roibin Roibin Saidon, Rafeah Saifullah Saifullah Silva Samanta Sinal, Mohamad Taufiqurrahman, Muh. Teguh Setyobudi Tutik Hamidah Zainal Abidin