Perlindungan Institusi Perkawinan Melalui Asas Mempersulit Perceraian: Tinjauan Maqashid Al-Syariah Terhadap Peraktik Di Pengadilan Agama Sinjai
Year: 2025
Type: article
Abstract: This research discusses the protection of the institution of marriage through the principle of making divorce difficult: maqashid al-syariah review of practices at the Sinjai Religious Court. This research uses a qualitative method with an empirical approach. Data collection techniques include observation, interviews, literature study, and documentation. The instruments used in this research are interview guides and writing interview results. The process of data management and analysis was carried out through the stages of data reduction, data display, and conclution drawing/verification. The results showed that 1) The application of this principle has been carried out in accordance with the rules of the Law, its application has started since completion of registration, then the panel of judges makes peace efforts to both parties by providing advice, then the implementation of mediation to the parties in accordance with Perma number 1 of 2016 by means of the Panel of Judges appointing a mediator. The application of reconciliation by the panel of judges is still carried out during the trial process. the challenge in applying the principle of making divorce difficult is the occurrence of prolonged and very complicated domestic disputes, cultural factors in the community and economic factors 2). The maqāshid al - Sharīah review of the application of the principle of making divorce difficult in the Sinjai Religious Court shows that the application of the principle of making divorce difficult is in accordance with the objectives of sharia, namely maintaining religion, soul, mind, offspring, property and preventing the negative effects of divorce. The application of the principle of making divorce difficult has helped prevent unnecessary divorce and provided an opportunity for husbands and wives to resolve their problems through mediation.
Authors: Akmal Ariani, Muh. Yusuf, Nisaul Haq Bintu Has
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415130386
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