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The role of the Malay customary institution in off-court divorce mediation: a case study in Rantau Pandan, Jambi

Firdaus, Firdaus (2022) The role of the Malay customary institution in off-court divorce mediation: a case study in Rantau Pandan, Jambi. AL-RISALAH: FORUM KAJIAN HUKUM DAN SOSIAL KEMASYARAKATAN, 20 (1). ISSN 2540-9522

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Abstract

This paper concludes that there are two forms of mediation process practiced
by the Malay Customary Institution in Rantau Pandan: the mediation that is
prompted by the initial request of the involving parties and that is without the
precondition of reconciliation. The success of the Customary Institution in mediat-
ing familial conflicts is supported by several factors, such as; the competence of the
mediators, kinship relations, and the goodwill of the respective parties. The medi-
ation practiced of the Customary Institution works in line with the guidance of the
Qur‘ān and the principle of mediation in Islam. Additionally, this institution has
developed the concept of mediation outside the court, both in terms of form and
task.
Keywords: Malay Customary Institution, Divorce, Mediation, Rantau Pandan

Item Type: Article
Subjects: Pendidikan > L Education (General)
Depositing User: Zulfitri Pustakawan
Date Deposited: 04 Jan 2023 07:04
Last Modified: 04 Jan 2023 07:04
URI: https://scholar.uinib.ac.id/id/eprint/1045

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