Al Muhkam: Journal of Islamic Law and Jurisprudence

The Implementation of Substantive Justice in Mediation with Partial Success at the Tanjung Pati Religious Court: A Maqashid Sharia Review

Fauziah Rahmah, Yernati Ulfazah — Sat, 31 Oct 2026 00:00:00 +0700

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.

Efforts by the Penghulu to Prevent the Appointment of a Wali hakim Through Mediation in Wali ‘adhal Cases: A Sociological Perspective on Islamic Law in Harau Subdistrict

Fazhariah Irdamsyah, Azizah Khairiyah — Mon, 09 Nov 2026 00:00:00 +0700

The cases involving a wali ‘adhal or reluctant guardian are resolved normatively through the appointment of a wali hakim by the Religious Court to replace the biological guardian; however, the KUA Harau Subdistrict seeks to prevent such an appointment through mediation facilitated by the Penghulu. This study aims to analyze the role of the penghulu as a mediator, the success of mediation in preventing wali ‘adhal cases from being filed with the Religious Court, and to examine their resolution from the perspective of Islamic legal sociology. This is a field study with primary data sources from penghulus serving at the KUA, as well as secondary data from various relevant books and journals. Data collection was conducted through in-depth interviews with the Penghulus and analyzed descriptively. The results show that religious officials play an active role in clarifying issues, seeking clarification (tabayun), providing counsel, and mediating between the parties before cases are referred to the Religious Court. They also evaluate the grounds for rejecting a wali (guardian) based on Islamic law, where religiously valid (syar’i) reasons are accepted, while emotional or subjective reasons are addressed through persuasive and family-oriented approaches. The mediation process was deemed quite successful because it facilitated communication, reduced conflict, and maintained family harmony without the need for litigation. From the perspective of Islamic legal sociology, cases involving the reluctant guardian are influenced by social factors such as economic status, education, customs, and family conflicts.

A Islamic Criminal Law Analysis of the Justice of the Dormitory Supervisor in Imposing Disciplinary Actions on Students at Islamic Boarding School

Sri Banun, Miswardi Miswardi, Faiza Tanzila, Dipia Anjani Raflis — Mon, 09 Nov 2026 00:00:00 +0700

This study is motivated by the important role of Islamic boarding schools (pesantren) in shaping the character, discipline, and moral conduct of students through the application of fair rules and sanctions. The imposition of sanctions by dormitory supervisors at the Al-Quran Al-Zamriyah Islamic Boarding School has led to perceptions of unfairness, particularly due to differences in treatment between middle school and high school students. Therefore, this study aims to identify the forms and application of sanctions, analyze the considerations of dormitory supervisors in differentiating sanctions, and assess their fairness based on the principles of al-adl, al-musawah, and al-maslahah from the perspective of Fiqh al-jinayah. This study employs a qualitative method with a descriptive approach. Data were collected through observation, in-depth interviews, and documentation involving dormitory supervisors as well as junior and senior high school students. Data were analyzed through data reduction, data presentation, and inductive conclusion-drawing. The findings show that sanctions are part of the tarbiyah process—one that is educational, gradual, and proportional, such as additional memorization assignments, cleaning duties, reprimands, counseling, personal guidance, and positive tasks. Junior high school students tend to receive stricter sanctions, while senior high school students are more often approached through dialogue and personalized interactions, taking into account their maturity and sense of shame. Generally, the application of sanctions reflects the principle of justice in Fiqh al-jinayah as long as differences in treatment are based on age, maturity, and the greater good, rather than on unfair subjective factors.