Maqāṣid-Based Community Family Mediation: Strengthening Indonesia's Religious Courts through Comparative Lessons from the United States

Abstract

Background: Mediation is a mandatory stage in Indonesia's Religious Courts, yet its implementation often remains procedural and produces limited reconciliation outcomes. Meanwhile, Muslim communities in the United States have developed community-based family mediation integrating Islamic principles with professional Alternative Dispute Resolution (ADR). Existing studies rarely examine how these experiences may strengthen mediation reform in Indonesia.

Objective: This study aims to analyze Muslim community family mediation in the United States and develop a maqāṣid-based framework for strengthening mediation within Indonesia's Religious Courts.

Methods: Using a qualitative doctrinal and comparative legal approach, this research examines legislation, mediation regulations, institutional practices, and scholarly literature concerning Islamic family mediation in Indonesia and the United States. The analysis applies maqāṣid al-sharīʿah, comparative family law, and ADR theory.

Results: The findings identify two complementary mediation models: Indonesia emphasizes court-annexed mediation under judicial supervision, while Muslim community mediation in the United States emphasizes interdisciplinary collaboration, professional mediator standards, comprehensive family protection, and community participation. Based on these comparative findings, this study proposes the Maqāṣid-Based Community Family Mediation (MCFM) Framework, comprising maqāṣid-oriented reconciliation, professional mediator competency, institutional collaboration, comprehensive family protection, and sustainable mediation governance.

Conclusion: Integrating community-based mediation with judicial institutions provides a maqāṣid-oriented approach to strengthening reconciliation, family protection, and access to justice within Indonesia's Religious Courts.

Novelty: The MCFM Framework offers a comparative governance model integrating maqāṣid al-sharīʿah, community-based mediation, and professional ADR principles to strengthen contemporary Islamic family mediation.