Mawaddah: Jurnal Hukum Keluarga Islam
Vol 1 No 1 (2023): November

PENYELESAIAN SENGKETA KEWARISAN MELALUI MEDIASI: JALAN TERBAIK MENYELESAIKAN MASALAH

Burhan Latip (Unknown)
Ahmad Muhajir (Unknown)
Elly Lestari (Unknown)
Muhammad Farid Hasan (Unknown)



Article Info

Publish Date
23 Jan 2024

Abstract

The division of inheritance does not always run smoothly. Many disputes occur between the heirs, both before and after the distribution of the inheritance. Disputes can be resolved by mediation, either out of court (non-litigation) or in court (litigation). Settlement of disputes over the division of inheritance by way of mediation is an alternative that can create a harmonious family atmosphere. Inheritance disputes can be resolved by mediation in court (litigation) because inheritance disputes are the absolute authority of the Religious Court. This research aims to find out the process of resolving inheritance disputes through the media. In this research using a qualitative method with a literature study approach, data is obtained from published studies and analyzed to obtain actual conclusions. The results showed that mediation provides many advantages for heirs compared to dispute resolution through the court. The advantages of the mediation process can strengthen the family relationship of the heirs and the dispute ends in a peaceful manner. The advantages that will be obtained, namely: First. Mediation can resolve disputes quickly, effectively and relatively cheaply compared to taking the dispute to court. Second. In the mediation process, the parties are not pressured by any party so that the outcome of the mediation is the agreement of the parties themselves. Third. Mediation produces an outcome that can end a dispute without causing hostility in the future.

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Journal Info

Abbrev

mawaddah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Mawaddah: Journal of Islamic Family Law, an electronic journal that provides a forum for publishing research articles, literature reviews, field research and or book reviews on Islamic family law. The scope is as follows: 1. Marriage 2. Divorce 3. Joint Property 4. Child Custody 5. Inheritance 6. ...