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All Journal Mawaddah: Jurnal Hukum Keluarga Islam An-nisa: Journal of Islamic Family Law
Burhan Latip
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Religion Law, Crime, Criminology & Criminal Justice Other

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PENYELESAIAN SENGKETA KEWARISAN MELALUI MEDIASI: JALAN TERBAIK MENYELESAIKAN MASALAH Burhan Latip; Ahmad Muhajir; Elly Lestari; Muhammad Farid Hasan
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.4

Abstract

The division of inheritance does not always run smoothly. Many disputes occur between the heirs, both before and after the distribution of the inheritance. Disputes can be resolved by mediation, either out of court (non-litigation) or in court (litigation). Settlement of disputes over the division of inheritance by way of mediation is an alternative that can create a harmonious family atmosphere. Inheritance disputes can be resolved by mediation in court (litigation) because inheritance disputes are the absolute authority of the Religious Court. This research aims to find out the process of resolving inheritance disputes through the media. In this research using a qualitative method with a literature study approach, data is obtained from published studies and analyzed to obtain actual conclusions. The results showed that mediation provides many advantages for heirs compared to dispute resolution through the court. The advantages of the mediation process can strengthen the family relationship of the heirs and the dispute ends in a peaceful manner. The advantages that will be obtained, namely: First. Mediation can resolve disputes quickly, effectively and relatively cheaply compared to taking the dispute to court. Second. In the mediation process, the parties are not pressured by any party so that the outcome of the mediation is the agreement of the parties themselves. Third. Mediation produces an outcome that can end a dispute without causing hostility in the future.
Prohibition vs Persistence: Contract Marriages between the Objectives of Islamic Law and Local Legal Realities in Indonesia Burhan Latip; Abdulah Pakarti , Muhammad Husni; Nik Saleh, Nik Salida Suhaila; Husain, Muhammad Zakir; Daud, Normadiah
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.471

Abstract

The phenomenon of contract marriage (nikah kontrak) in Cianjur Regency has emerged as a significant legal and socio-religious issue within Indonesian society, attracting both national and international scholarly attention. This study is driven by two core research questions: (1) How is Regent Regulation No. 38 of 2021 implemented in addressing the practice of contract marriage? and (2) To what extent does this regulation reflect and uphold the objectives of Islamic law (Maqāṣid al-Sharīʿah)? The research aims to critically examine the legal implementation and social impact of the regulation, particularly on individuals involved in contract marriages. Employing a qualitative method with a descriptive-analytical and case-study approach, data were collected through in-depth interviews with contract marriage actors, community leaders, and government officials. The findings reveal that contract marriages in Cianjur occur through various forms of informal or semi-formal arrangements often without legal guardians or witnesses, or with invalid ones thereby fulfilling only the outward form of marriage without generating legal consequences such as the obligation of ʿiddah. From the Sunni legal perspective, such practices are considered invalid, whereas in the Shiʿa Imamiyah tradition, they may resemble nikah mutʿah under specific conditions. The persistence of contract marriage is influenced by internal factors (economic necessity, cultural accommodation) and external factors (social tolerance and weak enforcement). Although Regent Regulation No. 38/2021 seeks to curb the practice, its implementation has yet to produce a substantial deterrent effect. Within the broader global discourse on Islamic legal reform, this study underscores the necessity of integrating normative Islamic legal principles with contextual socio-legal realities. A more comprehensive strategy combining legal enforcement, community education, and theological engagement is essential to safeguard the higher objectives of Islamic law and protect vulnerable parties in marital relations.
Co-Authors Abdulah Pakarti , Muhammad Husni Ahmad Muhajir Daud, Normadiah Elly Lestari Husain, Muhammad Zakir Muhammad Farid Hasan Nik Saleh, Nik Salida Suhaila