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All Journal Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Suci Ramadhan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Penyelesaian Sengketa Perkawinan dalam Hukum Keluarga Islam: Peran Lembaga Mediasi dan Arbitrase Syariah di Indonesia Suci Ramadhan; Faris Maulana Akbar; Abdul Latif
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

This research aims to analyze the role of mediation and arbitration in the settlement of marital disputes within the Indonesian Religious Courts. The main focus is on the effectiveness and contribution of these two mechanisms in realizing fast, cheap, and civilized justice as mandated in the Islamic family law system. Qualitative methods were used with normative-juridical and sociological approaches, supported by document studies and interviews with judicial practitioners. The results showed that although mediation has a strong legal framework in Supreme Court Regulation (Perma) Number 1 Year 2016, its implementation still faces cultural and structural challenges. Meanwhile, arbitration has not been widely utilized in family disputes despite its potential as an alternative to deliberation-based conflict resolution. Mediation is the dominant and effective dispute resolution mechanism in the Religious Courts, with a fairly high success rate in resolving marital conflicts. Arbitration, although less popular, also has significant potential in resolving disputes, particularly in cases involving financial disputes or joint property. The role of mediators and arbitrators is crucial in facilitating amicable agreements and maintaining good relations between the parties. Mediation and arbitration are important instruments in Indonesia's religious justice system for resolving marital disputes. The application of these two mechanisms is in line with the principles of Islamic family law which emphasize peaceful resolution of conflicts and maintaining the integrity of the household. Their effectiveness depends on the competence of the mediators and arbitrators, as well as the commitment of the parties to reach a fair and equitable settlement.
Sosialisasi Hukum Keluarga Islam untuk Masyarakat Pedesaan: Meningkatkan Kesadaran dan Pemahaman melalui Pendekatan Komunitas Abdurrahman Hakim; Suci Ramadhan; Andri Setiawan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i1.5701

Abstract

This article aims to explore the importance of socialization of Islamic family law for rural communities, with a focus on increasing awareness and understanding through a community approach. This study uses the Community Participation method involving qualitative and quantitative approaches. Data were collected through surveys, in-depth interviews, and focus group discussions (FGDs) with community members, religious leaders, and legal facilitators. Academic debates surrounding the implementation of Islamic family law in rural areas often involve views on the differences in understanding between legal texts and existing social practices. Some scholars argue that the community's ignorance and misunderstanding of this law causes conflict in households, while others emphasize the importance of integrating local values ​​with Islamic law for the effectiveness of socialization. The results of the study indicate that a community-based approach, including training and workshops, was successful in increasing community awareness of rights and obligations under Islamic family law. In addition, active community participation in the socialization process increased their understanding of family law issues, which in turn could reduce potential conflicts and strengthen social structures in rural communities.
Co-Authors Abdul Latif Abdurrahman Hakim Andri Setiawan Faris Maulana Akbar