Jurnal Syariah, Hukum, dan Ekonomi Islam
Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam

Divorce Mediation Based on Maqashid Syari’ah

Muhamad Jamal (INISNU Temanggung, Indonesia)
Ahmad Ashif (INISNU Temanggung, Indonesia)
Syed Iftikhar Ali Gilani (International Institute of Islamic Thought and Civilization, Malaysia)



Article Info

Publish Date
30 Dec 2024

Abstract

Divorce has become a significant social and legal issue in Indonesia, affecting not only couples but also children and extended families. This study explores the role of judges in increasing the success rate of divorce mediation at the Temanggung Religious Court in 2022–2023, using the framework of Maqashid Syari’ah as a guiding principle. The research employs a qualitative approach with data collected through interviews, observation, and document analysis. Findings reveal that judges employ strategies that integrate religious, familial, and social considerations, emphasizing sincerity, the caucus method, and recalling positive marital experiences to facilitate reconciliation. While mediation cannot always restore the marital relationship, it effectively protects the five essential objectives of Maqashid Syari’ah: religion, life, intellect, progeny, and wealth, ensuring that the parties separate amicably and without lingering resentment. This study demonstrates that applying Maqashid Syari’ah in divorce mediation contributes to more ethical, fair, and socially responsible outcomes, offering a model for improving dispute resolution in Islamic family law.

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Journal Info

Abbrev

j-shei

Publisher

Subject

Description

Articles to be received and published in the J-Shei are included in the scope of all aspects of Islam and the Islamic world in the fields of: Islam and Philosophy. Islam and History. Islam and Religion. Islam and Political Science. Islam and International Relations. Islam and Psychology. Islam and ...