<![CDATA[Divorce mediation is commonly oriented toward reconciliation and the preservation of marriage, while the protection of women’s and children’s rights may receive insufficient substantive attention when reconciliation is no longer possible. This study aims to examine the juridical and philosophical foundations of women’s and children’s rights protection in divorce mediation, identify normative and practical gaps in its implementation, and reconstruct an ishlah-based mediation model that promotes fair, safe, and sustainable post-divorce outcomes. The study employs a normative-empirical legal research design using statutory, case, conceptual, philosophical, and empirical approaches. Data were obtained from relevant legislation, court decisions, academic literature, and empirical information concerning mediation practices at the Teluk Kuantan Religious Court. The findings reveal a gap between mediation as a procedural requirement and mediation as substantive conflict resolution. Empirical cases demonstrate that partial agreements concerning child custody, child support, iddah support, and mut’ah may be achieved even when the marriage ultimately ends. These findings indicate that mediation success should not be measured solely by marital reconciliation but also by the achievement of substantive rights protection. Accordingly, this study proposes a seven-stage ishlah-based mediation model comprising conflict assessment, vulnerability and violence screening, rights mapping, child best-interest assessment, ishlah dialogue, a dual resolution path, and post-divorce protection. The model reframes ishlah as conflict transformation aimed at peace, justice, protection, and sustainable post-divorce relations. Its implementation may strengthen substantive mediation and improve the protection of women and children in family dispute resolution.]]>
