Theologically Based Mediation: A Promising Alternative to Dispute Resolution

Iffatin Nur, 197301111999032001 and Divia Nur Alan Nur Ilmas, - and Ayyuba Nur Alan Nur Ilmas, - (2026) Theologically Based Mediation: A Promising Alternative to Dispute Resolution. Proceeding of International Conference on Islam, Law, and Society (INCOILS), 5 (1). pp. 1-10. ISSN e-ISSN: 2985-7392

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Abstract

Indonesia’s justice system is facing a significant crisis of overcapacity, with District and Religious Courts handling nearly a million cases annually, leading to protracted delays and diminished public confidence. This paper explores the implementation ofa theologically based, mosque-centered Mediation Corner as a culturally resonant and effective alternative dispute resolution (ADR) mechanism. Grounded in a community-based participatory approach, this study details the process of establishing a pilot Mediation Corner in Tulungagung, Indonesia, focusing on training and certifying mosque caretakers (Takmir Masjid) and mosque youths(Remaja Masjid) as mediators. The results demonstrate the successful creation of a community-empowered platform for conflict resolution. The discussion interprets these findings through empowerment theory, conflict transformation, and social consensus theory, arguing that the integration of Islamic theological principles—such as iṣlāḥ(reconciliation) and shūrā (consultation)—provides the model with its unique efficacy and legitimacy. By framing mediation not merely as a legal procedure but as a moral and spiritual act of social healing, this approach offers a transformative path to restoring relationships and fostering social harmony. The paper concludes that theologically based mediation in mosques presents a viable, scalable model to alleviate the judicial burden while strengthening the community’s fabric from within.

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