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Analisis Maqashid Asy-Syariah Imam Al-Ghazali Terhadap Hukum Perkawinan Di Indonesia dalam Penyelesaian Sengketa Harta Bersama Pasaribu, Nurhannah Rosa Delima; Sayehu, Sayehu; Musthafa, Usman; Mukarromah, Oom; Hidayat, Ahmad
Innovative: Journal Of Social Science Research Vol. 4 No. 2 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i2.9847

Abstract

The writing is based on the existence of legal and social gaps in resolving disputes in society. The aim of the writing is to examine efforts to resolve joint property disputes through litigation and non litigation as well as Imam Al-Ghazali's maqashid ash-syariah approach to marriage law in Indonesia regarding joint property. Using a qualitative approach that is descriptive analysis so it includes library research. The literature study concludes that efforts to resolve joint property disputes through litigation and non litigation are a legal process that is resolved through court (litigation) and resolved outside of court (non litigation). Meanwhile, Imam Al-Ghazali's maqashid ash-syariah approach to marriage law in Indonesia regarding joint property is property as a tool (wasilah) which functions to meet life's needs.
Mediasi Perceraian dalam Tinjauan Hukum pada Pengadilan Agama Yangto, Yangto; Sayehu, Sayehu
VISA: Journal of Vision and Ideas Vol. 5 No. 1 (2025): Journal of Vision and Ideas (VISA)
Publisher : IAI Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/visa.v5i1.6309

Abstract

As social creatures, humans have the instinct to marry and produce new offspring. If there is marriage, the word “marriage” must be associated with divorce. It is interesting to study how the parties to a divorce in the Religious Court make an effort to reconcile or mediate before referring to the verdict. What are the legal consequences of divorce? That is the main issue. And how does the Religious Court handle the divorce mediation process? Marriage is a physical and mental bond between a woman and a man with the aim of building a good, harmonious, and prosperous household. In a marriage, divorce is an unavoidable part. Before the Religious Court decides to divorce, the parties must first conduct a peace process, which is called a mediation process. The purpose of the mediation process is to reduce tension when the trial begins, and it is hoped that the two parties deciding to divorce will decide to repair their relationship and be able to reconcile.