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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 : Institut Agama 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.
Critical Discourse Analysis of the Existence of Gauk Lao Tengngae Cultural Values in Resolving Family Conflicts and Strengthening Religious Moderation in Palopo City Sultan, Rafikatul Aulia; Abdain; Arif, Firman Muhammad
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 : Institut Agama Islam Negeri Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/ideas.v13i2.7875

Abstract

Gauk Lao Tengngae is a local cultural tradition of the Luwu community that plays a strategic role in resolving family conflicts and is an important instrument in strengthening religious moderation in Palopo City. In the context of a multicultural society, the values contained in this tradition require in-depth analysis to understand their relevance to contemporary social dynamics. This study aims to critically analyze the discourse that has developed around the existence of Gauk Lao Tengngae cultural values in resolving family conflicts, as well as to explore its contribution to strengthening religious moderation in Palopo City through a critical discourse analysis approach. The study uses a qualitative approach with the Norman Fairclough model of critical discourse analysis (CDA). Data were obtained through in-depth interviews with traditional figures, religious leaders, and families who have experienced conflict and practice the Gauk Lao Tengngae tradition. The analysis was conducted in three dimensions: text, discursive practices, and socio-cultural practices. The analysis shows that Gauk Lao Tengngae cultural values contain principles of moderation that are in line with the teachings of religious tolerance, including: (1) the principle of deliberation and consensus in resolving conflicts; (2) respect for inclusive ancestral wisdom; (3) a mediation mechanism that prioritizes social harmony; and (4) the integration of universal human values across religions. The dominant discourse that has developed indicates that this tradition functions as a "cultural bridge" that strengthens social cohesion in a multi-religious society. Gauk Lao Tengngae has been proven to have a strong existence as social capital in strengthening religious moderation in Palopo City. The values contained therein can be a model for conflict resolution based on local wisdom, while strengthening tolerance and harmony between religious communities. This study recommends the need for revitalization and institutionalization of the Gauk Lao Tengngae tradition as part of a strategy for developing a moderate and tolerant national character.