伊斯兰教法视角下宗教法院制度调解的紧迫性

Dharmayani Dharmayani, A. Hermanto, I. Hidayat, Rakhmat Rakhmat, Agus Setiawan
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引用次数: 0

摘要

调解是宗教法庭在庭外解决纠纷的设施;但是,经常发现案件从办理到调解还没有办完的现象,例如在家事法纠纷中,就是离婚。值得研究的是,调解在宗教法庭中的角色和地位是什么?本文旨在以图书馆研究的形式进行定性研究,描述和分析调解在宗教法庭环境中的作用和功能。本研究的结论是,法院以法官作为调解人的立场进行了调解过程。相比之下,法官以及政策制定者是主要的角色,所以它变成了一个非常困难的任务能够解决案件在法院外加上,此案已进入法院案件已筛选通过家庭,社区,甚至习惯方法,彻底没有访问然后指法院通常是什么问题是中介法官,而法官的双重角色,即裁决和兼任调解人
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Urgency of Mediation of the Religious Courts System on Islamic Law Perspective
Mediation is a Religious Court facility to resolve disputes outside the court; however, it is often found that the phenomenon of cases that have not been completed from the handling of mediation, for example, in family law disputes, is divorce. What is interesting to study is, what is the role and position of mediation in the Religious Courts? This paper aims to describe and analyze the role and function of mediation in the religious court environment, with the type of qualitative research in the form of library research. The conclusion of this study is that the court has carried out the mediation process with the position of the judge as a mediator. In contrast, the judge is the main role as well as the policymaker, so it becomes a very difficult task to be able to resolve cases outside the court plus, a case that has been entered into court are cases that have been screened through family, community and even customary approaches, and did not visit thoroughly and then refer to the court, what is often the problem is that the mediator who has been the judge, while the judge has a dual role, namely adjudicating and concurrently being a mediator
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