Legitima: Jurnal Hukum Keluarga Islam
Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam

Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts

Putra Pandu Dinata Nurdiansyah (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Lalu Muhammad Tamimi (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Erfaniah Zuhriah (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Naufal Rifqi Nasution (Universiti Utara Malaysia)



Article Info

Publish Date
30 Jun 2025

Abstract

Purpose - This study examines the urgency of reforming mediation regulations in Islamic family law disputes in Indonesian religious courts to be more responsive, in line with Islamic values and contemporary legal needs. The current mediation framework is often criticized for its rigidity, legal uncertainty, and procedural inefficiency, which hinder the timely resolution of disputes and limit access to justice. Methods - This study uses a normative legal research method with a legislative approach analysis. Primary and secondary legal materials were collected using a document study method, and these legal materials were then grouped and analyzed according to the formulation of each issue. Findings - The research identifies major regulatory shortcomings, including the weak enforceability of mediated agreements, inadequate mediator qualifications, and the absence of institutional support to encourage mediation. These issues contribute to prolonged litigation and discourage parties from choosing mediation. Reform is needed to establish a more flexible, transparent, and enforceable mediation system that upholds both procedural justice and Islamic legal principles. Research Limitations: This study is limited by its focus on analyzing regulations related to mediation that apply in Indonesia. Originality/Value: The study offers a conceptual framework for reconstructing mediation regulation by bridging Islamic jurisprudence with modern legal mechanisms. 

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Journal Info

Abbrev

legitima

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legitima: Jurnal Hukum Keluarga Islam/ Legitima: Journal of Islamic Family Law is a Double Blind peer-reviewed journal published by the Islamic Family Law Department, Faculty of Shariah, Tribakti Islamic University, Lirboyo, Kediri, East Java. The journal publishes high-quality research and ...