Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Vol. 5 No. 4 November 2026: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner

Mediation Based On Maqashid Syariah: A Dynamic Solution To Marital Conflicts In Indonesia

Izzul Mutho` (Kementerian Agama Kabupaten Kendal)
Abdul Rozak (Universitas Islam Negeri Sunan Kalijaga Yogyakarta)



Article Info

Publish Date
08 Sep 2026

Abstract

Marriage conflict remains a critical challenge at the South Jakarta Religious Court, a high-volume urban jurisdiction where conventional mediation often fails to yield sustainable outcomes. This study examines the operationalization, effectiveness, and implementation barriers of Maqashid Syariah-based mediation as an adaptive alternative for modern family dispute resolution. Employing a descriptive qualitative design, data were gathered through in-depth interviews with 15 key informants (judges, certified mediators, disputing couples, and legal experts), non-participatory observations of live caucus sessions, and documentary analysis of court settlement deeds (Akta Perdamaian) under PERMA No. 1 of 2016. The findings reveal that Maqashid Syariah is practically operationalized through caucus strategies that prioritize child welfare (hifzh al-nasl) and financial equity (hifzh al-mal), shifting mediation from rigid procedural compliance toward substantive justice. Couples undergoing this approach reported higher post-mediation satisfaction and lower post-divorce litigation rates. However, implementation is constrained by the absence of specialized Maqashid-based mediator training modules and unintegrated court guidelines. This study contributes an empirical framework that operationalizes abstract Islamic legal philosophy into concrete court-annexed mediation practices, offering policy recommendations for judicial reform in Indonesia.

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Journal Info

Abbrev

JIPSI

Publisher

Subject

Religion Humanities Library & Information Science Social Sciences

Description

Education Science. The Islamic Education Science. Educational Psychology. Learning Psychology. Educational Philosophy. Islamic Educational Philosophy. Lesson Plan. Lesson Design. Lesson Media Development of Resources and Learning Media. Learning Theory of Islamic Education. Learning Strategies of ...