Indonesian Journal of Islamic Law (IJIL)
Vol. 5 No. 2 (2022): Indonesian Journal of Islamic Law

The Role of Guardian Judges in Resolving Guardian Adhol Conflicts: Process and Outcome Analysis

Anne, Chloe (Unknown)
Maulana, Fajar (Unknown)
Aulia, Rizky (Unknown)



Article Info

Publish Date
30 Dec 2022

Abstract

This research explores the role of guardian judges in resolving guardian adhol conflicts in religious courts, with a focus on analyzing the decision-making process and the outcomes of the intervention. Through a qualitative approach using the case study method, data was collected through in-depth interviews with judges, related parties and community members, as well as direct observation in religious courts and analysis of legal documents. The findings show that the judge's intervention was effective in overcoming the objections of the nasab guardian who were not based on sharia, as well as increasing public trust in the religious courts as an institution that is fair and responsive to the needs of the people. However, a small portion of the community criticized this intervention for its lack of sensitivity to local customs. This research recommends improving a holistic approach that considers the local cultural context without sacrificing the basic principles of Islamic law, as well as developing better communication strategies to explain the legal basis for judges' decisions to the public.

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Journal Info

Abbrev

IJIL

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Islamic Law, a.k.a. IJIL (P-ISSN: 2085-627X, E-ISSN: 2615-7543), is published twice a year, in June and December, by the IJIL Research Centre of the Department of Islamic Family Law, Postgraduate Program, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember since 2019 ...