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All Journal Al-Rasikh : Jurnal Hukum Islam
Achmad Alfan Kurniawan
Institut Agama Islam Darullughah Wadda'wah Bangil Pasuruan
Religion

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MEDIASI SEBAGAI SOLUSI ALTERNATIF KONFLIK KELUARGA PERSPEKTIF HUKUM ISLAM DAN HUKUM PROGRESIF Achmad Alfan Kurniawan
al-Rasῑkh: Jurnal Hukum Islam Vol. 11 No. 2 (2022): al-Rasikh: Jurnal Hukum Islam
Publisher : Institut Agama Islam Darullughah Wadda'wah Bangil Pasuruan.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v11i2.825

Abstract

Mediation is a fast, cheap, and satisfying alternative in resolving disputes. In reality, however, the opposite of these hypotheses occurs. As a result, a holistic understanding of mediation is required so that in the future, mediation can exist progressively in handling, reducing, and resolving family conflicts, thereby achieving the ideals of sakinah mawaddah warahmah in the family. The purpose of this paper is to analyse mediation through the perspective of Islamic law and progressive law. The analysis’s findings, which were obtained using normative methods and an analytical-descriptive approach, demonstrate that, from the perspective of Islamic law, the current model of mediation is the result of the integration of sulh and tahkim which the process of disputing parties negotiating with the assistance of a mediator who facilitates and controls the process to reach a consensual agreement. Sulh describes the characteristics of reaching a consensual agreement, while tahkim describes the characteristics of appointing a third party as a mediator. Meanwhile, according to progressive law, mediation is a creative, innovative, productive, fair, and dynamic means of resolving family conflicts. So mediation exists and is progressive as an institution that serves humans and solves problems in order for them to be happy.
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