JUDICIAL RECONCILIATION IN FAMILY DISPUTES: THE ROLE OF THE JUDGE AS MUSLIH IN AL-MAWARDI’S THOUGHT

Abstract

This study examines the role of the judge as a muslih (peacemaker) in divorce proceedings within the legal theory of Imam al-Māwardī. The research investigates how al-Māwardī conceptualizes the judiciary not merely as a body of adjudication but as a moral institution tasked with restoring social harmony through ishlāḥ (reconciliation). Drawing from al-Aḥkām al-Sulṭāniyyah and other classical juridical texts, the paper explores the philosophical and legal foundations of judicial reconciliation in Islamic legal thought. The findings reveal that al-Māwardī’s model emphasizes ethical jurisprudence rooted in Qur’anic directives and Prophetic teachings, where justice manifests as both a legal ruling and a relational restoration of rights and societal balance. The study also situates this doctrine in the context of modern Islamic courts, highlighting parallels with mediation processes institutionalized in contemporary family law systems, particularly in Indonesia. However, while the normative legal framework aligns with al-Māwardī’s approach, its implementation often remains procedural rather than substantive. The research concludes that revitalizing al-Māwardī’s vision requires strengthening the moral and reconciliatory competencies of judges so that the judiciary may function as both arbiter and harmonizer in the pursuit of justice.