MEDIATION AS AN INSTRUMENT FOR PREVENTING DIVORCE: A HADITHBASED STUDY ON MARITAL RECONCILIATION AND FAMILY HARMONY

Abstract

The steady increase in divorce rates in Indonesia (reflected in 1,830 cerai gugat and 607 cerai talak cases recorded between 2019 and 2023) indicates the need for a more effective and contextually grounded family mediation model. Formal mediation in the Religious Courts often remains a procedural requirement rather than a substantive process that addresses the emotional and spiritual dimensions of marital conflict. This study analyzes hadiths on marital reconciliation and formulates four prophetic mediation principles (justice and objectivity, conflict prevention, maṣlaḥah-oriented decision-making, and moderation that avoids harm) as a foundation for strengthening contemporary mediation practices. Employing a qualitative descriptive method with a thematic ma‘ānī al-ḥadīth approach, the study collects reconciliation-related hadiths, interprets them through classical commentaries, and integrates them with family psychology literature and modern mediation theories. The findings demonstrate that prophetic values can be synthesized into an “ethically grounded procedural mediation” model that combines procedural accuracy with ethical and psychological depth. Practically, this framework offers guidance for enhancing the implementation of PERMA No. 1/2016, KMA 498/2020, and PMA 20/2019 by integrating prophetic principles into mediator training, premarital programs, and non-litigation counseling services in the Religious Courts and KUA. Future research is encouraged to assess the effectiveness of this model through field observations, case-based applications, and the development of Sunnah-based mediation modules. This study contributes to Islamic family law scholarship by proposing a humanistic, preventive, and culturally relevant Islamic family mediation model.