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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Jurnal El-Thawalib Jurnal El-Thawalib
Ahmad Jalili, Ahmad
Shiraz University of Technology
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Provisions Before Marriage to Make Indonesian Urban Muslim Families More Resilient: A al-Maslahah al-Mursalah Perspective Jalili, Ahmad; Saleh, Ahmad Syukri; Ramlah
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.6675

Abstract

The implementation of premarital provision has been regulated in Director General of Islamic Community Guidance Regulation No. DJ.II/542 of 2013. This study discusses the effectiveness of premarital provision as a family resilience effort based on the concept of al-maṣlaḥah al-mursalah, especially at the KUA of the Kepulauan Riau Province. This study uses qualitative research methods in the form of field research. The approach used is empirical and juridical. The sources of data in this study are divided into two categories, namely primary and secondary. The data collection techniques used are observation, interview, and documentation. The results of this study show that the premarital training that took place at the KUA in the Kepulauan Riau Province has not been effective as an effort for family resilience. Based on al-maṣlaḥah al-mursalah, premarital provision is included in al-maṣlaḥah al-hajiyyah because it is not part of the pillars and conditions of marriage. Premarital training is actually very effective as an effort to maintain family resilience, because with premarital training, it makes perfection for the prospective bride and groom, namely to gain knowledge about marriage for the sake of creating a family sakinah, mawaddah, and warahmah.
The Strategic Role of Non-Judicial Mediators in Achieving Effective and Just Family Dispute Resolution in the Batam Religious Court Jalili, Ahmad; Nabila, Dachia; Andriansyah, Muhammad
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17354

Abstract

This research is motivated by the increasing number of family cases at the Batam Religious Court and the need for mediation as a more effective and equitable alternative dispute resolution. The purpose of this study is to analyze the contribution of non-judgmental mediators in resolving family conflicts and to identify the role, challenges, and effectiveness of mediation. This is a qualitative field study. Primary data were collected through in-depth interviews with non-judgmental mediators, judges, and litigants at the Batam Religious Court, while secondary data were obtained from annual reports, mediation documents, and literature on religious court mediation. Data collection techniques included observation, interviews, and documentation, while data analysis used a descriptive-analytical approach to examine the contribution patterns and effectiveness of non-judgmental mediation in resolving family conflicts. The results show that non-judgmental mediators have a strategic role in facilitating peace through a more humanistic, flexible, and deliberation-based communication approach. Their presence can reduce judges' caseloads, accelerate settlement, and maintain harmonious family relations after the conflict. Despite obstacles such as low public legal awareness, resistance from disputing parties, and a limited number of certified mediators, the effectiveness of mediation by non-judge mediators has been quite high, with a positive impact on the just, peaceful, and sustainable resolution of family cases.
The Strategic Role of Non-Judicial Mediators in Achieving Effective and Just Family Dispute Resolution in the Batam Religious Court Jalili, Ahmad; Nabila, Dachia; Andriansyah, Muhammad
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17354

Abstract

This research is motivated by the increasing number of family cases at the Batam Religious Court and the need for mediation as a more effective and equitable alternative dispute resolution. The purpose of this study is to analyze the contribution of non-judgmental mediators in resolving family conflicts and to identify the role, challenges, and effectiveness of mediation. This is a qualitative field study. Primary data were collected through in-depth interviews with non-judgmental mediators, judges, and litigants at the Batam Religious Court, while secondary data were obtained from annual reports, mediation documents, and literature on religious court mediation. Data collection techniques included observation, interviews, and documentation, while data analysis used a descriptive-analytical approach to examine the contribution patterns and effectiveness of non-judgmental mediation in resolving family conflicts. The results show that non-judgmental mediators have a strategic role in facilitating peace through a more humanistic, flexible, and deliberation-based communication approach. Their presence can reduce judges' caseloads, accelerate settlement, and maintain harmonious family relations after the conflict. Despite obstacles such as low public legal awareness, resistance from disputing parties, and a limited number of certified mediators, the effectiveness of mediation by non-judge mediators has been quite high, with a positive impact on the just, peaceful, and sustainable resolution of family cases.
Co-Authors Ahmad Syukri Saleh Muhammad Andriansyah, Muhammad Nabila, Dachia Ramlah