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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam
Syukron Nur Aziz
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Humanities Law, Crime, Criminology & Criminal Justice

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Analisis Penyelesaian Sengketa Harta Bersama dalam Perkawinan: Perspektif Hukum Keluarga Islam Dyah Ayu Vijaya Laksmi; Syukron Nur Aziz; Kodrattullah Sidiq
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1646

Abstract

The resolution of joint property disputes remains a critical challenge within Indonesia’s religious court system, particularly in divorce cases. This research explores the application of justice and legal certainty principles in the division of joint marital assets at the Metro Religious Court. Employing a descriptive qualitative approach, data were collected through in-depth interviews, courtroom observations, and the analysis of court rulings on 20 selected cases. Findings reveal that 60% of disputes were successfully resolved through mutual agreements facilitated by judges acting as mediators, while the remaining 40% required judicial rulings due to unsuccessful mediation. The effectiveness of consensus-based settlements is closely linked to mediation skills, the willingness of parties to compromise, and their understanding of rights and obligations. These results highlight the relevance of syura and tahkim principles in Islamic family law as effective foundations for achieving fairness and mutual benefit. The study recommends strengthening judges’ mediation capacities, developing technical guidelines for resolving joint property disputes, and promoting broader public awareness of deliberation-based mechanisms to ensure more efficient, just, and maslahat-oriented resolutions.
Co-Authors Dyah Ayu Vijaya Laksmi Kodrattullah Sidiq