Al-Adl : Jurnal Hukum
Vol 18 No 2 (2026)

REKONSTRUKSI METODOLOGI MEDIASI PERCERAIAN MELALUI TEORI MEDIASI EVALUASI PERSPEKTIF HUKUM ISLAM

Muhammad Hanafi (Universitas Muhammadiyah Palangkaraya)
Sanawiah Sanawiah (Universitas Muhammadiyah Palangkaraya)
Ardi Akbar Tanjung (Universitas Muhammadiyah Palangkaraya)



Article Info

Publish Date
12 Aug 2026

Abstract

This study aims to analyze the concept of evaluative mediation proposed by Laurence Boulle, evaluate its suitability as a mediation method in divorce cases from the perspective of Islamic law, and reconstruct a new methodology that can serve as an alternative mediation approach for resolving divorce disputes. The main issue in this study is the lack of a structured and adaptive mediation methodology in divorce mediation practice, resulting in mediation that tends to be procedural and ineffective in achieving substantive reconciliation. This study employs a normative legal method combined with a limited empirical approach through interviews with mediators, psychologists, and Islamic law scholars. The approaches used include conceptual, statutory, and comparative approaches, with qualitative analysis integrating normative and empirical data. The research results indicate that evaluative mediation is characterized by the mediator’s active role in providing assessments, guidance, and rational and psychological considerations to the parties. This approach is considered more adaptive in addressing the emotional complexity of divorce conflicts. From an Islamic legal perspective, this method does not conflict with the principles of ishlah and the hakam mechanism; in fact, it aligns with efforts to achieve peace, justice, and the public interest. Therefore, evaluative mediation can be reconstructed as a more substantive methodology for divorce mediation through the integration of legal and psychological aspects.

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Journal Info

Abbrev

aldli

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al - Adl : Jurnal Hukum is a journal that contains scientific writings in the field of law either in the form of research lecturers and the results of studies in the field of law published the first time in 2008 with the period published twice a year. Al - Adl Journal of Law is registered in LIPI ...