ILJS


Peradilan Agama di Indonesia: Sebuah Analisis Tentang Tujuan dan Prinsip dalam Penyelesaian Sengketa Keluarga

Vito Dasrianto (Sekolah Tinggi Agama Islam Negeri Mandailing Natal)



Article Info

Publish Date
14 Sep 2024

Abstract

Religious Courts in Indonesia play an important role in resolving family disputes among Muslim communities. These courts function as judicial institutions that uphold justice, legal certainty, and social harmony based on Islamic law and national regulations. This study analyzes the objectives and principles of Religious Courts in resolving family disputes, including divorce, inheritance, child custody, marriage dispensation, and marital property disputes. The study uses a qualitative approach through literature review by examining legal documents, books, journals, and regulations related to Religious Courts in Indonesia. The findings show that the main objectives of Religious Courts are to provide justice, protect family rights, maintain social order, and achieve peaceful dispute resolution. The principles applied include simplicity, fairness, legal certainty, equality before the law, and the prioritization of mediation in family conflict resolution. Religious Courts also emphasize Islamic values such as deliberation, reconciliation, and protection of family welfare. Therefore, Religious Courts have a strategic role in maintaining justice and harmony within Indonesian society

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Journal Info

Abbrev

law

Publisher

Subject

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

Description

Islamic Law is a scientific journal that contains original works of experts in the field of Islamic law that have not been published in the form of articles regarding empirical research and problematic conceptual ideas of law, politics, and Islam through an interdisciplinary, multidisciplinary, ...