At-Tafkir
https://journal.iainlangsa.ac.id/index.php/at
IndexingLembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsaen-USAt-Tafkir1979-9357<div class="page">An author who publishes in At-Tafkir agrees to the following terms:</div> <div class="page"> <ul> <li>Author retains the copyright and grants the journal the right of first publication of the work simultaneously licensed under the <a href="https://creativecommons.org/licenses/by/4.0/">https://creativecommons.org/licenses/by/4.0/</a> that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal</li> <li>Author is able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (eg post it to an institutional repository or publish it in a book) with the acknowledgment of its initial publication in this journal.</li> <li>Author is permitted and encouraged to post his/her work online (ex in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of the published work (See <a href="http://opcit.eprints.org/oacitation-biblio.html">The Effect of Open Access</a>).</li> </ul> Read more here: <a href="https://creativecommons.org/licenses/by/4.0/">https://creativecommons.org/licenses/by/4.0/</a>.<br><br><strong>Privacy Statement</strong><br>The names and email addresses entered in this journal site will be used exclusively for the stated purposes of this journal and will not be made available for any other purpose or to any other party.</div>Electronic Mediation in Divorce Cases at the Religious Court of Probolinggo City from the Perspective of Maqasid Al-Syariah
https://journal.iainlangsa.ac.id/index.php/at/article/view/10946
<p>Maintaining harmony within the marital environment is essential for the stability of any household. However, over time, various challenges may arise that can lead to divorce. This study aims to examine the strategies employed in electronic mediation for divorce cases at the Probolinggo City Religious Court, with particular attention to the implementation of PERMA No. 1 of 2016, and to analyze these practices from the perspective of Maq??id Al-Syar?ah. Employing a qualitative research method, this study was conducted at the Probolinggo City Religious Court, where electronic mediation has been implemented either fully or partially online, in line with PERMA No. 1 of 2016 Article 6(2), before the issuance of PERMA No. 3 of 2022. The findings reveal that the success of electronic mediation heavily relies on the active participation and cooperation of the involved parties. Legally, the study identifies the need for more detailed regulations to standardize mediation procedures. Socially, while access to justice has improved, challenges remain due to low public trust. Institutionally, enhancing mediators’ competencies and upgrading technological infrastructure are imperative. Electronic mediation increases the efficiency of Islamic justice; however, clear legal provisions are necessary to ensure its validity. Although this method offers flexibility, it may diminish the emotional dimension crucial to reconciliation. Psychologically, it reduces the pressure on parties but may impair effective communication. Therefore, the implementation of electronic mediation must balance legal, social, and psychological considerations. Full commitment from all parties is essential to avoid negative outcomes. The mediator’s role as facilitator and intermediary—not decision-maker—requires strong collaboration to achieve desired resolutions. Furthermore, the principles of Maq??id Al-Syar?ah align with contemporary practices, emphasizing community welfare and solutions that conform to Sharia values.</p>Alvan FathonyUmmu Hani Auliah
Copyright (c) 2025 Alvan Fathony, Ummu Hani Auliah
https://creativecommons.org/licenses/by/4.0
2025-05-182025-05-1818121213210.32505/at.v18i1.10946