Divorce Mediation in Islamic Religious Court in the Era of Covid-19 Pandemic

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Divorce Mediation in Islamic Religious Court in the Era of Covid-19 Pandemic

Nurkhaerah, Sitti and Hanafi, Suhri (2023) Divorce Mediation in Islamic Religious Court in the Era of Covid-19 Pandemic. Global Journal of Politics and Law Research, 11 (4). pp. 20-30. ISSN 2053-6321(Print), 2053-6593(Online)

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Abstract

Divorce is considered a very difficult process in a family. Societies and religious courts work hand in hand to prevent divorce. However, in some cases, divorce can not be avoided due to various social, psychological, and economic problems. As such, to prevent divorce, religious courts provide mediation programs to persuade couples to divorce. During the Covid-19 pandemic, the divorce rate increased, and mediation has been intensively practiced by the religious courts to reduce the divorce rate. However, limited studies have been conducted to understand how mediation is practiced at religious courts during the Covid-19 pandemic. This study uses a qualitative approach to examine the implementation of divorce mediation in a religious court within a regency in Indonesia. Data was gathered through in-depth interviews and direct field observation. Written materials were also analyzed to understand the case. The results of this study show that the implementation of mediation in divorce during the Covid-19 pandemic in the Regency Religious Court was implemented in two stages, namely the stage before mediation and the implementation of mediation. In carrying out mediation, the caucus and virtual methods have been chosen as two methods of divorce mediating in the era of the Covid-19 pandemic. The two methods have transformed in response to the pandemic and new technological advancements. The transformation is considered relevant to Islamic law and principles. This means religious courts and Muslim societies are responsive to new technological development.

Item Type:	Article
Subjects:	H Social Sciences > H Social Sciences (General)
Depositing User:	Professor Mark T. Owen
Date Deposited:	18 Jun 2023 22:45
Last Modified:	18 Jun 2023 22:45
URI:	https://tudr.org/id/eprint/1888

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