Mediation in Marriage Disputes and Divorce (Analytical Study on the Application of Mediation in the Gorontalo Religious Court)

This article discussed mediation as a way of resolving marital disputes. Divorce was one form of marital dispute in the Religious Courts, and in terms of resolving marital disputes, mediation was required. Although the rules of mediation in the judiciary are very clear, the facts show that the disputing parties and the courts have not optimized their use so that the divorce rate every year does not experience a significant decrease; on the contrary, it increases. The theory regarding mediation procedures in the Religious Courts has clearly been stated in the Supreme Court of the Republic of Indonesia (No. 1 of 2016). This article aims to analyze the implementation of the mediation process at the Gorontalo Religious Court. Therefore, it is necessary to conduct more in-depth research on the effectiveness of the Gorontalo Religious Court to resolve marital disputes that lead to divorce, which can be avoided, and the litigants can get back together and foster a ‘sakinah mawaddah wa rahmah’ household. This article used a qualitative with an empirical juridical approach. It could be concluded that the mediation had been carried out at the Gorontalo Religious Court under the Regulation of the Supreme Court of the Republic of Indonesia (No. 1 of 2016). Four factors affect successful and unsuccessful mediation, namely the litigation party factor, the mediator factor, the advocate or lawyer factor, and the representative mediation room factor.

The Factors of Marriage Dissolution Between Hearing Impairment Couple at Melaka Syariah Court

The dissolution of marriage which occurs between Muslim married couple in Malaysia shall be referred to the Syariah Court either it is between typical couples or between couple with disabilities. However, couple with disabilities faces quite different challenges compared to typical couple in maintaining relationship. The article aims to identify the factors of marriage dissolution between hearing impairment couple registered at Malacca Syariah Court. The study uses the qualitative and interview research methodologies to identify conflicts in relationship confronted by hearing impairment couple which leads to dissolution of marriage. It is found that there are seven factors of marriage dissolution among hearing impairment couple which are the communication problem, lack of knowledge regarding Islamic Family Law, the intervention of family members in marital disputes, inadequate pre-marriage course, no specific marriage course through the period of marriage as well as post-marriage course for hearing impairment spouse. The implication of research discovers that all these courses shall be review in order to prevent escalated divorce rate among hearing impairment couple. Abstrak Setiap perceraian yang berlaku di antara pasangan berkahwin Muslim di Malaysia mestilah dirujuk kepada Mahkamah Syariah sama ada pasangan suami isteri tipikal ataupun pasangan Orang Kurang Upaya (OKU). Bagi golongan OKU pendengaran, cabaran yang dihadapi dalam meneruskan kehidupan rumahtangga walaubagaimanapun agak berbeza berbanding golongan tipikal. Tujuan artikel ini adalah untuk mengenalpasti faktor-faktor pembubaran perkahwinan antara pasangan OKU pendengaran yang didaftarkan di Mahkamah Syariah Negeri Melaka. Kajian menggunakan kaedah temu bual untuk mengenal pasti masalah pasangan OKU pendengaran yang membawa kepada pembubaran perkahwinan. Hasil kajian mendapati terdapat enam faktor pembubaran perkahwinan antara pasangan OKU pendengaran iaitu masalah komunikasi, kurang pendedahan tentang ilmu Undang-Undang Keluarga Islam, campur tangan ahli keluarga dalam masalah rumahtangga, kursus Pra-Perkahwinan yang dianjurkan tidak bersesuaian, tiada kursus khusus sepanjang tempoh perkahwinan dan tiada kursus pasca perkahwinan khusus bagi pasangan OKU Pendengaran. Implikasi dari kajian mendapati bahawa kursus-kursus khas tersebut perlu dikaji semula bagi mengurangkan kadar perceraian dalam kalangan pasangan OKU pendengaran.

Introduction: Current Perspectives on Islamic Family Law in Africa

This special issue of Islamic Africa brings together new critical perspectives on the status of Islamic Family Law, commonly referred to as sharīʿa, within four African countries – Ghana, Kenya, Mozambique and Senegal – each reflecting distinctive gendered cultural, colonial and postcolonial realities. The introduction provides a general overview of the state of the art on Islamic family law in Africa and highlights the significant thematic focus of each contribution and the new areas for further inquiry that the volume opens. These topics and questions include among others: (a) the ways in which European colonialism and contemporary democratization processes have opened spaces for religious pluralism, thereby shaping the articulation of Muslim personal law within different African postcolonial state judicial systems; (b) how Islamic judicial practices, institutions, and authorities such as malamai and/or Kadhis engage themselves with the secular state and/or are constrained by both the state and by the legal pluralism encountered within both Muslim majority and minority African countries; (c) the gendered implications of the hierarchical relation between Kadhi Courts and a national High Court; (d) the benefits and/or shortcomings of harmonizing Islamic Family Law; (e) what is to be learnt from women choosing to settle marital disputes and divorce within and/or outside the “legal protective space” afforded by the state judicial system and its inclusion of Islamic Family Law; (f) the role of human agency in influencing the administration of Islamic family law and/or interpreting the law; how judicial systems that are shaped by European and Islamic patriarchal systems confronted by the resilience of indigenous matrilineal Customary Law within contemporary African societies; and (g) the compatibility between the various articulation of African Islamic family laws with universal human rights and individual freedom. Ultimately, this special issue of Islamic Africa offers an insightful reflection on how Islamic Family Law plays an important role in democratic constitution-making or testing processes.

عمل المرأة المسلمة وآثاره على الأسرة والمجتمع، وأثره على أحقيتها في المال المشترك

This research deals with the work of the Muslim wife, and the consequent disagreement between the spouses regarding it and the salary of the wife, and her entitlement to the joint money. This is because there is an urgent need at this time to rooting the saying about this issue, given the rapid developments that characterize this age. As the current life has made the exit of women to work essential in light of complex social and economic conditions, this issue has become one of the most serious issues that cause conflict and discord between spouses. The research uncovered the origin of marital disputes that may occur due to the wife's work and salary, and the money earned during marriage, and I followed the comparative analytical inductive approach in it. She divided it into an introduction, a preface - in which it clarified the objectives of Islamic law in marriage - and three topics: the first presented the rights and duties of the spouses, while the second came to explain the impact of a woman’s work on the family and society, then she allocated the third to the effect of her work on her entitlement to joint money. The research concluded that knowing the two parties to the marital relationship of each of their rights and duties works to stabilize the spouses, and defuse the discord and conflict between them. Women and men are partners in the architecture of human life and succession on earth. The woman is the basis of the family, the family is the most important human institution, and the good of society is subordinate to the good of the family. The more a society is based on respect and appreciation for women, the easier it will be in establishing their rights and the further from harming them. Good cohabitation requires that the wife not do anything except with the consent of her husband, and on top of those matters is her going out to work. The development occurred - negatively or positively - in Muslim societies led to the mixing of the spouses' money. The wife's contribution to her financial and intangible effort is the motivation behind establishing her share in the joint money. Therefore, the researcher recommends that the work be undertaken to restore the correct religious concepts to society, as the man learns fatherly experiences and the experiences of living within the family, and Islam's honor to women in order to eliminate the tendencies to reduce them and their humanitarian work. Women are made aware that work is not limited to material work with pay only, and that motherhood is the ultimate in work. Limiting the issuance of public fatwas regarding the wife’s work and salary, and looking at the outcome of judgments, and the purposes of Sharia when issuing a fatwa in which no Sharia text is mentioned. Fiqh councils and the role of fatwas should bring the reality on the table to research and fatwa. The use of reason and not rigidity on the rulings decided by our venerable jurists, as long as it does not deny an opinion on the subject of Ijtihad.

AN INDISPENSABLE ROLE OF COUNSELOR: THE BRIDGE BETWEEN COUPLES, STAKEHOLDERS AND RECONCILIATION FOR MARITAL DISPUTES

The family is universally regarded as the primary unit of society and family tend to be very close knit. When the stability, faith and confidence of the members of the family are threatened by a dispute, people mostly approach to the elders of the family or other authority who has influence or NGOs. If it doesn’t settle there they approach to the arms of judiciary like police or court to stop the dispute or secure their right within the family. While working in the family court witnessed and intervened in such cases regularly. Counselors in family court are the key persons as every case filed in the family court are directed to counselors for amicable settlement. The counselors are helping couples realize the root cause of their problem and engaging them in the problem solving process by intervening as counselor, educator, mentor, mediator, negotiator, conciliator, facilitator, etc. Once the rapport is built then they act as friend and philosopher to the couple.

The Adjudication of Marriage Disputes through Mediation at the Manado Religious Court

The phenomenon of marital disputes that often end in divorce has been a serious concern of the government, resulting in a regulation on mediation, namely the Regulation of the Supreme Court of Republic of Indonesia (PERMA) Number 1 of 2016. This regulation was made with the hope of reducing the divorce rate caused by marriage disputes. This article discusses the form of marriage dispute resolution at Manado Religious Court with a focus on one type of dispute resolution, namely mediation. This study uses an empirical juridical approach. The research was conducted at the Manado City Religious Court in 2017 and 2020. The result is that the mediation process has been carried out in accordance with the provisions of PERMA No.1 of 2016. However, there have been many obstacles. Thus, the efforts to reduce the divorce rate due to marriage disputes have not undergone significant changes. Keywords: mediation; marriage dispute; Manado religious court. Abstrak: Fenomena sengketa perkawinan yang sering berakhir pada perceraian menjadi perhatian serius dari pemerintah sehingga melahirkan aturan tentang mediasi yaitu Peraturan Mahkamah Agung RI (PERMA) No. 1 Tahun 2016. Aturan ini dibuat dengan harapan menekan angka perceraian yang diakibatkan oleh sengketa perkawinan. Artikel ini membahas mengenai bentuk penyelesaian sengketa perkawinan di Pengadilan Agama Manado dengan fokus pada salah satu jenis penyelesaian sengketa yaitu mediasi. Penelitian ini menggunakan pendekatan yuridis empiris. Penelitian ini dilakukan di Pengadilan Agama Kota Manado pada tahun 2017 dan tahun 2020. Hasilnya adalah proses mediasi sudah dilakukan sesuai dengan ketentuan PERMA No.1 Tahun 2016. Namun mengalami benyak kendala sehingga upaya untuk menekan angka perceraian akibat sengketa perkawinan belum mengalami perubahan yang signifikan. Kata-kata kunci: mediasi; sengketa perkawinan; pengadilan agama Manado.

Urgensi Penggunaan Mediasi dalam Penyelesaian Perkara Pembatalan Perkawinan di Pengadilan Agama

The annulment of marriage is one of the exception cases within the obligation of using mediation based on the Supreme Court Regulation No. 1 of 2016. However, after 2016, there was the annulment of marriage court decisions still used mediation for its settlement. The aim of this research is to analyze the urgency of using mediation within the annulment of marriage settlement in the Religious Court and its relevance with upholding justice for justice seekers. The method of this research is juridical normative through analyzing the secondary data namely regulations and court decisions on annulment of marriages either with or without mediation. The results showed that there was no single successful mediation in resolving cases of marriage annulment and there was no difference in the reasons for filing a case between decisions using mediation or without mediation. Regarding the function of mediation that claims to give justice for justice seekers and reduce the accumulation of cases in the Supreme Court, it can be concluded that cases of marriage annulment should not use mediation in the settlement of the case, because it is related to the legality of a marriage, not related to marital disputes.

Motherhood, Neighborhood, and Nationhood

This chapter recounts the murder of the Tokars in Sainte Marguerite that provides a remarkable window into the social dynamics of apartment life in Paris. It offers a glimpse of the social world of working women and a sense of the female community that was built in the dark hallways, crowded courtyards, and hidden recesses of the Parisian apartment building. It also traces marital disputes, family frays, and neighborly brawls involving immigrant wives and mothers that blend with the everyday history of the neighborhood and its predominantly French-born inhabitants. The chapter describes the working-class culture of want and privation that thrived in the diseased and dilapidated, close and crowded apartment buildings of the 11th arrondissement. It highlights material conditions of everyday life that brought foreign wives and mothers into daily contact with their French neighbors and local community.

“Contradictions among the People”

Chapter 8 turns to the Maoist practices of resolving civil disputes through mediation by courts, workplace leaders, and residents committees, guided by the notion that such disputes were “contradictions among the people.” The focus is on the impact of the Marriage Law of 1950, since other kinds of civil disputes were rather rare under the Maoist Socialist system. The principle of gender and marital equality and the way marital disputes and divorces were handled by community and workplace leaders as well as courts were continuation of the same practices in the revolutionary years. The emphasis on mediation before adjudication in divorce cases was also similar to the earlier times, even though mediators were different.