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Akhzan, Lisa
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EKSISTENSI MEDIASI DALAM PERMOHONAN CERAI TALAK PERSPEKTIF HUKUM ISLAM Akhzan, Lisa
Econetica: Jurnal Sosial, Ekonomi, dan Bisnis Vol 6 No 2 (2024): November 2024
Publisher : Program Studi Ekonomi Islam Fakultas Ekonomi Universitas Nahdlatul UlamaNusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/econetica.v6i2.563

Abstract

Data from the Supreme Court, Director General of the Religious Justice Agency regarding the number of talaq divorces in Gorontalo Province is still concerning, namely in the last two years it has been in the range of 524 cases (specifically for Muslims), especially in Gorontalo City it is at 148 cases (specifically for Muslims). Mediation efforts are the obligation of the judge before proceeding to the step of examining the case. If the two agree to make peace, then the point of agreement will be poured into the form of a peace deed. And this peace deed has the same force as the judge's verdict, so it can be forced on both parties if one of them is reluctant to implement the contents of the agreement. Researchers realize that many partners with the same discipline, namely legal science and Family Law concentration, have studied mediation in divorce applications from an Islamic legal perspective. However, as a differentiator lies in the sitting of matters, conditions, and time and highlights the existence of mediators who seem to override the propositions of both the Qur'an and the Qur'an and the Hadith. The Religious Court, in the process of examining the lawsuit by the examining judge, the judge has the role to first reconcile the husband and wife who are in dispute by giving advice so that they get along well and return to running their household.