The Settlement for Marriage Dispute Through the Islah in Indonesia

Abstract

Islah is an institution of marriage dispute resolution for Moslem communities outside the court which still exists in Indonesia. This paper aims to examine the effectiveness of Islah as one of the institutions for resolving marriage disputes for Muslim communities in Indonesia. For this reason, the type of research used is the type of empirical legal research. This type of research is used to test the behavior of the Indonesian moslem community towards Islah as one of the institutions for resolving marriage dispute. The result of the study shows that the majority of the Indonesian Moslem community still accepts islah as one of the institutions for resolving marriage dispute between them, but in terms of obedience to islah decisions by mediator judges, it has not been fully accepted by the parties to the dispute. Since the Islah ruling is only moral in nature having no legal force that is enforced by law. The author's recommendation, the Indonesian government should make written laws to strengthen the position of Islam, so that it can provide binding power to the parties to the dispute.

Keywords: Islah, marriage dispute, Moslem Community

DOI: 10.7176/JLPG/89-07

Publication date:September 30^th 2019