Mediation of divorce disputes by the village government: The perspective of progressive legal theory and maqasid syariah Jasser Auda

Mawardi, Mawardi, Roibin, Roibin ORCID: https://orcid.org/0000-0002-2974-0884, Musleh Harry, Musleh Harry, Zaenul, Mahmudi ORCID: https://orcid.org/0000-0002-5452-039X and Musataklima, Musataklima ORCID: https://orcid.org/0009-0004-9827-4460 (2026) Mediation of divorce disputes by the village government: The perspective of progressive legal theory and maqasid syariah Jasser Auda. https://ejournal.staiduba.ac.id/index.php/syura/article/view/793/453, 4 (1). pp. 1-26. ISSN 2986-5670

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Abstract

The increasing rate of divorce in Indonesia indicates that marital
conflicts are no longer merely private matters but have evolved into
broader social issues affecting community stability. In addition to
litigation through religious courts, community-based alternative
dispute resolution mechanisms emphasizing deliberation and local
wisdom have developed, one of which is mediation conducted by
village governments. This study aims to analyze the effectiveness
of divorce dispute mediation carried out by the Village Government
of Banra’as, Sumenep Regency, and to examine the practice from
the perspectives of progressive legal theory and maqasid al-sharia
as proposed by Jasser Auda. This research employs an empirical
legal method with a qualitative approach. Data were collected
through field observations, interviews with village officials and
relevant stakeholders, as well as documentation studies, and were
analyzed using descriptive-analytical techniques. The findings
reveal that village mediation plays a significant role in reducing
domestic conflicts and encouraging reconciliation between spouses
before cases are brought to the religious court. From the perspective
of progressive law, this practice reflects a humanistic, flexible, and
substantively just legal approach. Meanwhile, from the perspective
of maqasid al-sharia, village mediation represents an effort to
preserve family welfare (hifz al-nasl), maintain social stability, and
promote holistic societal well-being. Therefore, mediation
conducted by village governments can be regarded as an effective
and contextual dispute resolution model that aligns with both legal
values and socio-religious norms.

Item Type:	Journal Article
Keywords:	village mediation; divorce; progressive law; maqasid al-sharia; local wisdom
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Mr Musataklima Musataklima
Date Deposited:	07 Aug 2026 13:52

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