A Phenomenological Exploration of the Experiences and Meanings of Islamic Law in Family Dispute Resolution in Indonesia: A Study of Cultural and Legal Contexts

Abstract

Family dispute resolution within Islamic law is a critical aspect of legal and cultural practices in many Muslim-majority countries. However, existing research predominantly focuses on theoretical and legal frameworks, often overlooking the subjective experiences of individuals engaged in these processes. This gap in understanding raises the question of how individuals apply Islamic principles to resolve family conflicts in contemporary legal contexts. To address this, we employed a phenomenological approach to explore the lived experiences of individuals involved in family dispute resolution under Islamic law. Data were collected through in-depth, semi-structured interviews with 10 participants who had engaged in dispute resolution under Islamic principles. The findings reveal that while Islamic law provides a strong foundation for conflict resolution, its application is often influenced by modern legal systems and societal changes. Participants described navigating a complex interplay of personal beliefs, cultural norms, and legal limitations, which shaped their experiences. These findings provide a deeper understanding of the personal, emotional, and cultural factors involved in applying Islamic law to family disputes, offering valuable insights into the challenges of integrating religious law within contemporary legal frameworks. This research fills a critical gap in the existing literature by focusing on the subjective experiences of individuals involved in family dispute resolution under Islamic law, an area that has been largely overlooked in previous studies. The study contributes to the ongoing discourse on the intersection of law, culture, and individual experience, with implications for future research in Islamic law and family studies.