Reconstructing family mediation through local wisdom: the tuha peut practice from an islamic legal perspective

Abstract

This study examines the implementation of Tuha Peut in resolving domestic conflicts in Langsa City by analysing its institutional role, implementation challenges, and conceptual reconstruction within the framework of customary law, Islamic family law, and state law. Employing an empirical legal research approach with qualitative methods, data were collected through interviews with Tuha Peut members, keuchik, religious leaders, and families involved in domestic disputes, complemented by an analysis of Aceh qanun, national legislation, and relevant scholarly literature. The findings demonstrate that Tuha Peut functions effectively as a community-based mediator by promoting deliberation, reconciliation, and family preservation before disputes proceed to formal judicial mechanisms. Nevertheless, its effectiveness remains constrained by limited institutional authority, the absence of standardized mediation procedures, inadequate mediator capacity, potential gender bias, and challenges in addressing complex cases such as domestic violence. Unlike previous studies that primarily describe the customary functions of Tuha Peut, this research proposes a Hybrid Family Dispute Resolution Model integrating the social legitimacy of customary institutions, the normative principles of Islamic family law, and the juridical legitimacy of state law. This model contributes to the development of community-based family dispute resolution that strengthens institutional capacity while ensuring legal certainty, protection of vulnerable parties, and sustainable social harmony.