Islah and Judicial Mediation in Islamic Family Law: Interpersonal Communication Practices of Non-Judge Mediators in Divorce Cases

Abstract

This study analyzes the communication and interpersonal competence of non-judge mediators in divorce mediation at the Padangsidimpuan Religious Court and its relationship with judicial mediation procedures and the Islamic principle of islah. Using a qualitative descriptive-analytical empirical legal approach, primary data were collected through observation and in-depth interviews with two certified non-judge mediators (MN1 and MN2). Secondary sources included mediation records, annual court reports, regulations, and scholarly literature. Data were examined through reduction, thematic categorization, presentation, interpretation, and triangulation of sources and methods. The findings identify initial communication, active listening, exploration of interests, reframing, neutrality, emotional regulation, empathy, caucusing, and religious, sociocultural, and child-centered adaptation as key dimensions of mediator competence. Process outcomes are also influenced by good faith, openness, balanced participation, and the mediation environment. The study emphasizes communication competence that is responsive both to islah and judicial procedure. Because the principal empirical evidence concerns only two mediators at one court, the findings are contextual and are not intended for statistical generalization.