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Journal : IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature

Critical Discourse Analysis on Reconstruction of the Mediation Process of Judges Based on Maslahat at the Palopo Religious Court Abdul Kadir; Mustaming; Abdain
IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature Vol. 13 No. 2 (2025): IDEAS: Journal on English Language Teaching and Learning, Linguistics and Lite
Publisher : Universitas Islam Negeri Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/ideas.v13i2.5508

Abstract

This study examines the reconstruction of judicial mediation processes through the lens of critical discourse analysis, focusing on the implementation of maslahat principles at the Palopo Religious Court. The research investigates how Islamic jurisprudential concepts of maslahat (public interest/benefit) can be integrated into contemporary judicial mediation practices to enhance conflict resolution effectiveness within the Indonesian religious court system.  Using critical discourse analysis methodology, this study analyzes the linguistic patterns, power dynamics, and ideological frameworks embedded in judicial mediation discourse at the Palopo Religious Court. The research explores how judges construct meaning through language while incorporating maslahat-based approaches in their mediation processes, examining both explicit and implicit discursive strategies that shape dispute resolution outcomes. The findings reveal significant opportunities for reconstructing mediation processes by systematically integrating maslahat principles into judicial discourse. The analysis demonstrates how judges can employ maslahat-oriented language and reasoning to facilitate more culturally relevant and ethically grounded mediation sessions. The study identifies key discursive patterns that either support or hinder the effective application of maslahat in judicial mediation contexts.  The research contributes to understanding how Islamic legal principles can be meaningfully incorporated into modern judicial practices through careful attention to discursive construction. The reconstruction model proposed emphasizes the importance of aligning judicial language with maslahat values to achieve more equitable and contextually appropriate dispute resolution outcomes.  This study provides practical insights for religious court judges seeking to enhance their mediation practices through maslahat-based approaches while maintaining procedural integrity within the Indonesian legal system. The findings suggest that critical discourse analysis offers valuable tools for understanding and improving the integration of Islamic jurisprudential principles in contemporary judicial mediation processes.
Contextualization of the Concept of Nusyūz in Indonesian Marriage Law: Critical Discourse Analysis Asmaul Husna; Mustaming; Beddu, Rahmawati
IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature Vol. 12 No. 2 (2024): IDEAS: Journal on English Language Teaching and Learning, Linguistics and Lite
Publisher : Institut Agama Islam Negeri Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/ideas.v12i2.6160

Abstract

This research examines the contextualization of the concept of nusyūz in marriage law in Indonesia and the implications for its resolution regarding the act of beating through a discourse analysis approach. The main focus of the research is to analyze how the interpretation and application of the concept of nusyūz originating from Islamic law is adapted in the context of modern Indonesian marriage law, especially regarding the "beating" solution mentioned in classical texts. Using critical discourse analysis methods, this research explores how discourse about nusyūz is formed and interpreted in various legal texts, fiqh literature, and judicial practices in Indonesia. The research results show a shift in the interpretation of the nusyūz concept from a textual to a contextual understanding that is more in line with the principles of gender equality and human rights. Research finds that "beating" solutions need to be recontextualized with more constructive approaches such as mediation and marriage counseling. These findings contribute to the development of Indonesian marriage laws that are more gender
Discourse Analysis on Multicultural Society Perception towards the Harmony of Inter-Tribal Marriages in Lamasi District, Luwu Regency Amaliyah, Ilmy; Mustaming; Rahmawati
IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature Vol. 13 No. 2 (2025): IDEAS: Journal on English Language Teaching and Learning, Linguistics and Lite
Publisher : Universitas Islam Negeri Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/ideas.v13i2.8313

Abstract

This study examines the discourse surrounding multicultural society's perception of inter-tribal marriages in Lamasi District, Luwu Regency, through a discourse analysis lens. As Indonesia represents a diverse archipelago with numerous ethnic groups, inter-tribal marriages serve as crucial indicators of social integration and cultural harmony. This research investigates how community members in Lamasi District construct and articulate their views on marriages across tribal boundaries, exploring the tensions between traditional cultural preservation and modern multicultural coexistence.  The study employs critical discourse analysis to examine verbal and written communications among community members, religious leaders, traditional authorities, and married couples themselves. Data collection encompasses in-depth interviews, focus group discussions, and analysis of public discourse in community settings. The analysis reveals complex negotiations between maintaining cultural identity and embracing diversity, highlighting both acceptance and resistance patterns within the multicultural framework of Lamasi District.  Findings indicate that perceptions of inter-tribal marriages are shaped by multiple factors including generational differences, educational background, economic considerations, and religious interpretations. While younger generations demonstrate greater openness toward cross-cultural unions, traditional community structures continue to influence marriage decisions significantly. The research identifies specific discourse patterns that either promote harmonious integration or reinforce tribal boundaries, providing insights into the mechanisms through which multicultural societies navigate cultural diversity.  This study contributes to understanding how discourse shapes social attitudes in multicultural contexts and offers implications for promoting social cohesion in diverse Indonesian communities. The findings may inform policy development and community programs aimed at fostering inclusive multicultural societies while respecting cultural heritage.