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All Journal ASAS : Jurnal Hukum Ekonomi Syariah Jurnal Ijtimaiyya Intizar Medina-Te : Jurnal Studi Islam AL QUDS : Jurnal Studi Alquran dan Hadis Al-Dzikra: Jurnal Studi Ilmu al-Quran dan al-Hadits Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam El Izdiwaj Indonesian Journal of Civil and Islamic Family Law Smart: Journal of Sharia, Tradition, and Modernity Al-Istinbath: Jurnal Hukum Islam AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM
Muhammad Zaki
Universitas Islam Negeri Raden Intan Lampung
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam

 1 
Analisis Hukum Islam Terhadap Pelaksanaan Mediasi Perkara Perceraian di Pengadilan Agama Gedong Tataan dan Pengadilan Agama Pringsewu Lampung Mutholib Mutholib; Liky Faizal; H. Muhammad Zaki
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 1 (2022): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i1.1544

Abstract

Mediation in Islam is known as Islâh and hakam. When a dispute or dispute occurs, the disputing parties make peace efforts by appointing a judge. In the case of divorce, the function and efforts to reconcile are the obligations of the judge as a mediator which must be carried out based on Supreme Court Regulation no. 01 of 2016 concerning Mediation Procedures in Courts. Therefore, peace efforts are sought through mediation in the Religious Courts so that couples who want to divorce cancel their intentions and reconcile. However, the reality is that the success rate of mediation in divorce cases is still relatively low. This is evidenced by the number of cases that end in the trial process, compared to the success of the Mediation process. The purpose of this study was to analyze the implementation of divorce case mediation based on Perma No. 1 of 2016. As well as analyzing Islamic law on the implementation of mediation in divorce cases at the Gedong Tataan Religious Court and the Pringsewu Religious Court. The method used in this research is descriptive qualitative with theological, juridical normative and sociological approaches, with the object of research being the Gedong Tataan Religious Court and the Pringsewu Religious Court in Lampung. The primary data in this study were obtained from interviews with the Mediator Judge. The secondary data used is the report on the success and failure of the mediation implementation recorded in the final report and the Case Investigation Information System (SIPP). The results obtained from the research that the implementation of mediation at the Gedong Tataan and Pringsewu Religious Courts, based on PERMA No. 1 of 2016, but the implementation of mediation cannot be said to be optimal or not effective, because the success of mediating divorce cases is still relatively low. Mediation or Islah in resolving domestic conflicts actually contains benefits, namely maintaining the objectives of Islamic law (maqasid al-syariah), namely maintaining religion, soul, mind, lineage, and property. Maqashid sharia in mediation is hifd al-nasl (keeping offspring)
Analisis Hukum Keluarga Islam Terhadap Pasal 4 Ayat (2) Peraturan Pemerintah Nomor 45 Tahun 1990 tentang Izin Perkawinan dan Perceraian Bagi Pegawai Negeri Sipil Hilmi Yusron Rofi'i; H. Muhammad Zaki; Liky Faizal; Abd. Qohar
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 1 (2022): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i1.1576

Abstract

The purpose of this study was to analyze the reasons why female civil servants were prohibited from becoming second, third and fourth wives based on Government Regulation Number 45 of 1990; and to analyze based on Islamic family law against the prohibition of female civil servants to become second, third and fourth wives based on Government Regulation Number 45 of 1990. The results of this study are the Prohibition of Women Civil Servants from becoming the third and fourth second wife is a preventive measure to prevent women who are civil servants from disputes in the family, prevent women from psychological pressure caused by polygamy has an impact on changing attitudes so that can interfere with their performance as a civil servant, to prevent children from psychological pressure that results in children's future growth, and protect the rights of wives and children regarding civilization in the event of a divorce in a polygamous marriage which can harm a woman with a civil servant status and result in imperfect rights support the child. The prohibition of women who are civil servants from becoming the second third and fourth wives in Government Regulation Number 45 of 1990 is in accordance with the maqashid sharia, namely to protect the soul (hifdz nafas) and protect the offspring (hifdz nasl), namely to protect children from the consequences If a civil servant woman becomes a polygamous wife
Co-Authors Abd. Qohar Agung Tri Pratama Hartinah Aprilia Hilmi Yusron Rofi'i Hilmi Yusron Rofi'i Khairuddin Khairuddin KHUMEDI JA'FAR LIKY FAISAL Liky Faizal MAIMUN Mita Maulani Moh Bahrudin Mutholib Mutholib Riyan Erwin Hidayat Sinta Bela Suharto