cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Busyro
Contact Email
almuhkam.jurnal25@gmail.com
Phone
+628116653880
Journal Mail Official
almuhkam.jurnal25@gmail.com
Editorial Address
Bonjo Alam Nagari Ampang Gadang, Kecamatan Ampek Angkek, Kab. Agam, Sumatera Barat 26191
Location
Kab. agam,
Sumatera barat
INDONESIA
Al Muhkam: Journal of Islamic Law and Jurisprudence
Published by Yayasan Kajian Islam Politik dan Sosial Sumatera Barat
ISSN : -     EISSN : 3123416X     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Al Muhkam: Journal of Islamic Law and Jurisprudence is dedicated as a medium for scientific studies of research results, thoughts, and analytical-critical studies on research in the fields of science, especially in the fields of study including Islamic law and jurisprudence. This is part of the spirit of disseminating knowledge resulting from research and thinking for service to the wider community. In addition, it is also a source of reference for academics in the field of Islamic law and Jurisprudence. Al Muhkam: Journal of Islamic Law and Jurisprudence accepts scientific articles with the scope of research on: Legal theory of Islamic Law Philosophy of Islamic law Sociology of law / Sociology of Islamic law Political Law / Politic of Islamic law Integration of Islamic law and positive law Integration of Islamic law and customary law Islamic family law Sharia economic law Islamic criminal law Islamic constitutional law Other relevant study topics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
 1   2   3   4 
The Implementation of Substantive Justice in Mediation with Partial Success at the Tanjung Pati Religious Court: A Maqashid Sharia Review Fauziah Rahmah; Yernati Ulfazah
Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 2 No. 2 (2026): Al Muhkam: Journal of Islamic Law and Jurisprudence
Publisher : KIPS Institute Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65980/almuhkam.v2i2.69

Abstract

The success of mediation does not necessarily depend on resolving the entire dispute or preserving the marriage. In divorce cases, mediation may facilitate agreements on specific issues, particularly the legal consequences of divorce, while unresolved matters proceed through court proceedings. This raises questions about the implementation of partially successful mediation and the legal status of the resulting agreements in promoting public benefit. This study aims to analyze the realization of substantive justice through partially successful mediation at the Tanjung Pati Religious Court from the perspective of maqashid sharia. This qualitative field study draws on primary data obtained through in-depth interviews with judges and mediators, including non-judge mediators, at the Tanjung Pati Religious Court. Secondary data were obtained from Judgment Number 490/Pdt.G/2025/PA.LK, mediation documents, and relevant literature. The data were analyzed using descriptive, comparative, and inductive methods. The findings indicate that partially successful mediation represents a realistic and adaptive approach to dispute resolution. As reflected in the judgment, this practice promotes substantive justice by facilitating agreements on the wife's post-divorce financial rights, including arrears of maintenance (nafkah madhiyah), maintenance during the iddah period, and a consolatory payment (mut'ah). From the perspective of maqashid sharia, this practice reflects public benefit at three levels: dharuriyyat (protection of essential rights), hajiyyat (reduction of conflict-related burdens), and tahsiniyyat (ethical considerations in providing mut'ah). This study concludes that strengthening a maqashid sharia-based mediation paradigm can promote meaningful justice and protect vulnerable parties.

Page 4 of 4 | Total Record : 31

 1   2   3   4 

Filter by Year

2025 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 2 (2026): Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 2 No. 1 (2026): Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 1 No. 2 (2025): Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 1 No. 1 (2025): Al Muhkam: Journal of Islamic Law and Jurisprudence