ANALISIS MEDIASI DI PENGADILAN AGAMA DALAM MENEKAN TINGKAT PERCERAIAN: PERSPEKTIF MAQASHID SYARIAH

Abstract

The increasing number of divorce cases handled by the Religious Courts indicates a crisis in family resilience in Indonesia. Mediation, as a form of non-litigation dispute resolution, is expected to serve as an effective solution to reduce the high rate of divorce. This study aims to analyze the implementation of mediation in divorce cases in the Religious Courts and to examine its effectiveness and alignment with the principles of Maqashid Syariah. This research uses a qualitative-descriptive approach with both field studies and literature reviews. Data were collected through interviews with judge-mediators, analysis of court documents, and review of Islamic legal literature and relevant regulations. The results show that while the quantitative success rate of mediation remains low, its qualitative impact is significant in providing a peaceful, fair, and dignified resolution to family conflicts. From the perspective of Maqashid Syariah, mediation aligns with the core objectives of Islamic law, particularly in preserving life (hifzh an-nafs), lineage (hifzh an-nasl), and family harmony. Therefore, optimizing the mediation system through enhanced mediator competence, value-based approaches, and the integration of maqashid in each stage of the mediation process is essential.