Record Details

Mediasi dalam Perspektif Maqashid Syariah: Studi tentang Perceraian di Pengadilan Agama

AT-TURAS: Jurnal Studi Keislaman

View Archive Info
 
 
Field Value
 
Title Mediasi dalam Perspektif Maqashid Syariah: Studi tentang Perceraian di Pengadilan Agama
 
Creator Sunarto, Muhammad Zainuddin
 
Description in a marriage relationship, there will must be a conflict between husband and wife, this cannot be denied because each partner has a sectoral ego. The conflict can sometimes be resolved peacefully, but not the least that ends in divorce. The divorce process is arranged, must go through the trial process of the Religious Court with the specified procedural law. The proceedings for a lawsuit in the Religious Court must go through a mediation process between the two parties. Mediation is a way in the process of resolving disputes outside the trial in the presence of a third party tasked with reconciling the parties. Mediation is a mandate of the law to be carried out, so that the proceedings in court can be in accordance with the principle, which is fast, simple and inexpensive. The necessity of conducting mediation in a court, especially a religious court, is to reduce the number of divorces which is increasing in number over the years. Solving problems through mediation, is also a manifestation of maqashid al-shariah, namely hifdz al-nasl, because when there are problems in marriage, the marriage relationship will be damaged and problems will occur. Following up on the maqashid, in Indonesia there was a requirement to carry out mediation in the settlement of every case that went to court. The main objective is to minimize cases that must be decided, so that mediation can be resolved peacefully and safely. Keywords: Maqashid Al-Shariah, Mediation, Religious Court
 
Publisher Universitas Nurul Jadid
 
Contributor —
 
Date 2019-08-19
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://ejournal.unuja.ac.id/index.php/at-turas/article/view/573
10.33650/at-turas.v6i1.573
 
Source JURNAL AT-TURAS; Vol 6, No 1 (2019): Pendidikan dan Pemikiran Islam; 97-115
AT-TURAS: Jurnal Studi Keislaman; Vol 6, No 1 (2019): Pendidikan dan Pemikiran Islam; 97-115
JURNAL AT-TURAS; Vol 6, No 1 (2019): Pendidikan dan Pemikiran Islam; 97-115
2460-1063
2355-567X
10.33650/at-turas.v6i1
 
Language eng
 
Relation https://ejournal.unuja.ac.id/index.php/at-turas/article/view/573/414
 
Rights Copyright (c) 2019 Muhammad Zainuddin Sunarto
https://creativecommons.org/licenses/by-sa/4.0