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All Journal Al-Ahkam AJIS : Academic Journal of Islamic Studies
Dasrianto, Vito
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Concept of Mediation in the Perspective of Islamic Law and Law in Indonesia Arminsyah; Dasrianto, Vito; Mahmudi, Elva
AJIS: Academic Journal of Islamic Studies Vol. 9 No. 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v9i2.11995

Abstract

This research aims to explore and analyze the concept of mediation in the perspective of Islamic law and how it is applied in Indonesian legislation. The main focus is to understand the similarities and differences between the principles of mediation in Islamic law and the mediation regulations applicable in Indonesia, as well as the implications for dispute resolution. The method used in this research is a qualitative method with a descriptive-analytical approach. Data was collected through a literature study that included Islamic law literature, Indonesian legislation, and other relevant documents. The analysis was conducted by comparing the principles of mediation in Islamic law with the provisions contained in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and the regulations of the Supreme Court of Indonesia related to mediation. The results show that mediation in the perspective of Islamic law emphasizes the principles of justice, equality, and cooperation that are in line with sharia values. On the other hand, Indonesian legislation regulates mediation as an effective and efficient alternative to dispute resolution. Although there are some differences in the procedures and implementation, in general these two legal systems have the same goal, which is to achieve fair and peaceful dispute resolution. This research also found that the integration of the concept of mediation in Islamic law with mediation regulations in Indonesia can enrich and improve the effectiveness of dispute resolution in Indonesia.
Reconstructing Gender Relations for Family Resilience in Minangkabau: Integrating Islamic Law and Customary Law Fakhyadi, Defel; Samsudin, Muhammad Adib; Dasrianto, Vito; Danil, Muhammad; Wahyudi, Ade Arga
Al-Ahkam Vol. 35 No. 1 (2025): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.1.22906

Abstract

Women are social beings who hold a high position in continuing the kinship system, preserving the existence of inheritance, and being responsible for forming family ethics and morals. This study aims to reconstruct the legal perspective on gender relations by integrating Islamic law with the Minangkabau cultural customs to strengthen family resilience. This research uses a qualitative approach based on relevant documents from primary and secondary sources, including interviews, documentation, books, and articles. The collected data is analyzed using content analysis methods with phenomenological, feminist, and sociological approaches. The findings of this study indicate that the Minangkabau community views women as charismatic and respected figures. Bundo kanduang protects her kin, preserves the ancestral heritage, and maintains the kinship system to ensure the continuity of the family within the matrilineal kinship system. This research contributes to the discourse on Islamic law and gender by showing how the matrilineal society of Minangkabau aligns with Islamic principles and challenges conventional patriarchal interpretations that are not in line with Islamic values.
Co-Authors Arminsyah Defel Fakhyadi, Defel mahmudi, Elva Muhammad Danil, Muhammad Samsudin, Muhammad Adib Wahyudi, Ade Arga