Purpose: This study explores the urgency of reforming mediation regulations in Islamic family law disputes within Indonesia's religious courts. The current mediation framework is often criticized for its rigidity, lack of legal certainty, and procedural inefficiencies, which hinder timely dispute resolution and limit access to justice. The research aims to propose a more responsive regulatory model aligned with both Islamic values and contemporary legal needs. Methods: The research uses a normative legal research method with an analysis of the legislative approach, which aims the aim of analyzing the regulation of mediation in dispute resolution in Indonesia. The method of collecting primary and secondary legal materials using the document study method, in this legal material is then collected and grouped according to the formulation of each problem. Findings: The research identifies major regulatory shortcomings, including the weak enforceability of mediated agreements, inadequate mediator qualifications, and the absence of institutional support to encourage mediation. These issues contribute to prolonged litigation and discourage parties from choosing mediation. Reform is needed to establish a more flexible, transparent, and enforceable mediation system that upholds both procedural justice and Islamic legal principles. Research Implications/Limitations: The study is limited by its focus on regulatory analysis. Originality/Value: The study offers a conceptual framework for reconstructing mediation regulation by bridging Islamic jurisprudence with modern legal mechanisms. Its recommendations provide valuable input for policymakers seeking to strengthen mediation as an institutionalized and effective tool for resolving family disputes in Indonesia’s religious courts.
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Putra Pandu Dinata Nurdiansyah
Universitas Islam Negeri Maulana Malik Ibrahim
Lalu Muhammad Tamimi
Universitas Islam Negeri Maulana Malik Ibrahim
Erfaniah Zuhriah
Universitas Islam Negeri Maulana Malik Ibrahim
Legitima Jurnal Hukum Keluarga Islam
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Nurdiansyah et al. (Mon,) studied this question.
synapsesocial.com/papers/68c1d7ee54b1d3bfb60f9e24 — DOI: https://doi.org/10.33367/2kf5f656