Mediation Based On Maqashid Syariah: A Dynamic Solution To Marital Conflicts In Indonesia

Abstract

Marriage conflict remains a critical challenge at the South Jakarta Religious Court, a high-volume urban jurisdiction where conventional mediation often fails to yield sustainable outcomes. This study examines the operationalization, effectiveness, and implementation barriers of Maqashid Syariah-based mediation as an adaptive alternative for modern family dispute resolution. Employing a descriptive qualitative design, data were gathered through in-depth interviews with 15 key informants (judges, certified mediators, disputing couples, and legal experts), non-participatory observations of live caucus sessions, and documentary analysis of court settlement deeds (Akta Perdamaian) under PERMA No. 1 of 2016. The findings reveal that Maqashid Syariah is practically operationalized through caucus strategies that prioritize child welfare (hifzh al-nasl) and financial equity (hifzh al-mal), shifting mediation from rigid procedural compliance toward substantive justice. Couples undergoing this approach reported higher post-mediation satisfaction and lower post-divorce litigation rates. However, implementation is constrained by the absence of specialized Maqashid-based mediator training modules and unintegrated court guidelines. This study contributes an empirical framework that operationalizes abstract Islamic legal philosophy into concrete court-annexed mediation practices, offering policy recommendations for judicial reform in Indonesia.