cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Heri Firmansyah
Contact Email
herifirmansyah@uinsu.ac.id
Phone
+6282362302599
Journal Mail Official
jurnalalusrah@uinsu.ac.id
Editorial Address
Jl. William Iskandar Ps. V, Medan Estate, Kec. Percut Sei Tuan, Kabupaten Deli Serdang, Sumatera Utara 20371
Location
Kota medan,
Sumatera utara
INDONESIA
Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah
Published by Universitas Islam Negeri Sumatera Utara
ISSN : 23381264     EISSN : 28091906     DOI : http://dx.doi.org/10.30821/al-usrah.v9i01.10400
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
AL-USRAH : Jurnal al-Ahwal al-Syakhsiyah adalah jurnal yang diterbitkan oleh Program Studi Ahwal al-Syakhsiyah (Hukum Keluarga Islam) Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara. terbit 2 kali dalam setahun. Al-Usrah menerima tulisan-tulisan tentang hukum Islam terutama yang berkaitan dengan hukum Keluarga Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 59 Documents
 2   3   4   5   6 
THE POSITION OF AL-‘URF AS LEGAL ARGUMENT Siregar, Bismar; Asmuni, Asmuni; Syahnan, Muhammad
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 12, No 2 (2024): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v12i1.23386

Abstract

Úrf is a custom or practice that occurs among communities and is in accordance with the requirements of the Qur'an and Hadith, so that it can be used as a legal argument. The purpose of this study is to identify the practices carried out by many people (groups) that arise from creativity or imagination in building cultural values. This research is a library research study, which focuses on the analysis and interpretation of secondary data obtained from various sources, such as books, articles, and other documents. This study also uses a qualitative research approach, which focuses on a deep understanding of the phenomenon being studied. This study uses a hermeneutic research approach, which focuses on the interpretation and analysis of 'urf as something that is considered good by society. This approach allows researchers to understand the context and meaning associated with urf and how it is used as a basis for legal decisions. This study uses primary and secondary data sources. The primary data sources used are the Qur'an and Hadith, which are the main sources of law in Islam. The secondary data sources used are books, articles, and other documents related to the position of urf as a source of law
Implementasi Penjatuhan Pidana Bersyarat Pada Tindak Pidana Lingkungan Hidup Fitriani, Fitriani; Siahaan, Ade Yuliany; Hasanah, Aida Nur
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 13, No 1 (2025): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v12i2.24603

Abstract

Crimes in the field of environmental protection can have vast and complex impacts/victims, as generally they not only deplete natural resources but also human capital, social capital, and even sustainable institutional capital. Criminal law plays an important role in efforts to enforce environmental law. This conditional penalty is often referred to as a probationary sentence. In the practice of criminal law in Indonesia, the imposition of conditional penalties is applied not only to human legal subjects but also to corporate legal subjects. What is questioned is the regulation of the imposition of conditional penalties and the implementation of conditional penalties for environmental crimes. This study uses a normative research method with data collection techniques, namely literature studies, with conclusions drawn using a deductive method. Conditional penalties are regulated in the Criminal Code, specifically Articles 14 (a) to 14 (f) of the Criminal Code, in the Draft Criminal Code.Conditional sentencing is aimed at specific conditions where the judge can order the defendant to provide compensation for the actions they have committed. If the compensation for the damages caused by the crime committed before the judge's decision is made, then this is a strong enough reason for the judge to impose a conditional sentence. The implementation by the judge in imposing conditional sentences on environmental offenders requires supervision by the prosecutor's office. The obstacles faced by the prosecutor's office in overseeing defendants under conditional sentences include both internal and external challenges. The Supreme Court Circular No. 7 of 1985 only contains provisions regarding the implementation of supervision and monitoring of decisions made by the judge, while the Indonesian Attorney General's Circular does not clearly state the forms of monitoring that need to be conducted by the prosecutor's office.
ISLAMIC FAMILY LAW DURING THE REFORMATION PERIOD Rizka, Jamilah; Arfa, Faisar Ananda; Turnip, Ibnu Radwan Siddiq
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 12, No 2 (2024): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v12i2.25223

Abstract

This study aims to explain the reform of Islamic family law and also explain the dynamics in the process of Islamic family law reform. Family law has an important position in Islam. Family law as the core of sharia. The research results show that the reform period opened up greater space for community participation in law formation, as well as strengthening the role of women in the discourse on family justice. This is related to the opinion of the Muslim community which sees Islamic family law as the initial entry point into the Islamic religion. This research aims to examine the dynamics and development of Islamic Family Law during the reform period, both from the aspects of legislation, institutions and social practices of Muslim communities. This study uses a library research method, namely a method used by studying, reviewing, and also examining library materials that have legal relevance to the subject of discussion. The data obtained in this study was analyzed descriptively using reduction, display and verification techniques. Islamic family law reform has become a discourse in the study of Islamic law. This discourse has become a phenomenon since the 20th century AD, this is evidenced by the increasing number of attempts to reform Islamic legal thought carried out by Muslim scholars, supported by the very complex conditions and development situations of the times.
MARRIAGE WITHOUT THE CONSENT OF ONE OF THE PARENTS FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW Ridwan, Muhammad; Harahap, Purnama Hidayat
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 11, No 2 (2023): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v11i3.21933

Abstract

Marriage without the consent of one parent is a complex phenomenon in Islamic family law, raising a variety of legal, social, and cultural questions. In this context, the role of the guardian as a determinant of marriage consent is crucial, because the guardian is responsible not only to protect the interests of the bride-to-be, but also to ensure the validity of the marriage law. However, in practice, there are variations in interpretation among Islamic schools regarding the necessity of guardian consent, creating challenges in the consistency of universal application of Islamic family law. The issue also highlights the conflict between the individual's right to choose his or her own life partner and the social and traditional expectations that require parental consent. This study aims to investigate the legal, social, and psychological implications of marriage without the consent of one parent in the context of Islamic family law, as well as to explore the role of religious courts in resolving disputes that arise.
DIVORCE GRANTED BY THE JUDGE OF THE PETALING JAYA SHARIA COURT, SELANGOR, MALAYSIA (ANALYSIS BASED ON THE OPINION OF IMAM SYAFI'I) Ahmad Fuad, Nur Fatin Nadzirah Bt.
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 13, No 1 (2025): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v13i1.7002

Abstract

This thesis is titled “ Divorce was done by the Hakam in a Petaling Jaya Selangor Syariah Court, Malaysia” ( Analysis based on the opinion of the Imam Syafi’i). The main problem in this study is, first is to knowing the execution by the Hakam. Second, factors that cause justice can divorce. Third, studied the Imam Syafi’i view of the divorce in lower syariah court of Petaling Jaya Selangor. Researchers use empirical legal examining divorce-related arrangements that is conducted by hakam contained in section 48, Enactmen Islamic Family Law ( Selangor State) 2003. This research uses data collection techniques with library and field studies. The results showed that and several authorized employess. The results showed that the inauguration of hakam was made after the court agreed to the dispute ( shiqaq) that is always in effect in the period of marriage after the completion of peace affairs at the level of the Office of Peace ( Juru Damai) failed or did not find a way out. Therefore, hakam has the role of gaining authority in pronouncing divore rather than husband if the process of reconciliation fails and the husband is reluctant to recite the divorce. The factors which cause hakam to divorce are the first is, royal taqnin as stipulated by the statutory obligation for the people to obey it. Second, defending the fate of women hung without strings. Third, be a solution for the wife if the husband is reluctant to divorce even though it has caused harm. However, in the opinion of the Imam Syafi’i here that does not require a wife to sue for divorce on the grounds of shiqaq. On the contrary, the judge who hears these demands should appoint hakam for the husband and hakam for the wife in order to reconcile the husband and wife. Hakam meant here is not authorised to drop divorce and is only authorised as a representative to reconcile husband and wife.
MARRIAGE DISPENSATION IN THE PERSPECTIVE OF QAWAID FIQHIYYAH Aini, Siti Nur
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 13, No 1 (2025): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v13i1.16066

Abstract

The Marriage Act has undergone changes, particularly in regards to the legal marriage age. Prior to the amendments made by this Act, the bride-to-be had to be at least 16 years old and the prospective husband had to be at least 19 years old. then, with the 2019 amendments, the bride judged to be at least 19 years old, as was the bride. The number of underage marriages continues to be considerable despite the higher age requirement. This study combines a literature review. According to the findings of the study, the court's decision to allow for underage marriage has increased the number of cases of underage marriage in. Marriage is an external manifestation of two people's desire to create a happy family (Sakinah, warahmah and mawaddah). The Marriage and Compilation of Islamic Laws Law No. 1 of 1974 outlines marriage as a legal occurrence and outlines the requirements for marriage.for which the bride and husband are responsible. The goal of this study is to understand and analyze the justifications for the petitioner's request for a dispensation as seen through the lenses of state law, customary law, and Islamic law as well as to understand and analyze and determine how the law will be applied to the petitioner's dispensation application
THE ROLE OF ASTRONOMY IN DETERMINING THE DIRECTION OF THE QIBLA Syaputri, Wulan
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 13, No 1 (2025): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v13i1.13510

Abstract

The purpose of this study is to determine the role of astronomy in determining the direction of the Qibla. This study is a qualitative study using field research techniques (observation, literature study, and documentation). The data sources are primary and secondary data. The data analysis technique used in this study is Miles and Huberman, namely: data reduction, data presentation, and conclusion drawing. The discussion in this study is as follows. The determination of the direction of the Qibla by Muslims in Indonesia has developed over time in line with the development of existing science. Initially, they determined the direction of the qibla to be west, based on the fact that Saudi Arabia, where the Kaaba is located, is west of Indonesia. This was done approximately, without prior calculation or measurement. Therefore, the direction of the qibla was exactly the same as the direction of the sunset. Thus, the direction of the qibla was identical to the west.
REJECTION OF POLYGAMY PERMISSION BY THE LUBUK PAKAM RELIGIOUS COURT FROM THE PERSPECTIVE OF MAQASHID SYARI'AH (ANALYSIS OF DECISION NUMBER 0007/PDT.G/2019/PA.LPK) Siregar, Dina Sakinah
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 13, No 1 (2025): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v13i1.8939

Abstract

This research examines the rejection of the Polygamy Permit of the Lubuk Pakam Religious Court in the Perspective of Maqashid Syari'ah (Review of Decision Number 0007 / Pdt.G / 2019 / PA.Lpk). From the research results it is concluded that: first, Islamic law regulates polygamy in QS. An-Nisa verse 3 that it is permissible to do polygamy on fair terms to his wives. Meanwhile, the Law regulates polygamy in Law No. 1 of 1974 Articles 4 and 5, Goverment Regulation No. 9 of 1975 Articles 40-44 and KHI in articles 55-59. Second, the Judge's consideration in deciding case Number 0007 / Pdt.G / 2019 / PA.Lpk was because according to the Panel of Judges the applicant's request did not meet the facultative requirements. Third, according to theanalysis maqashid shari'ah there is a mafsadah that will be generated in this case, whether this case is accepted or rejected. Whereas according to the author's analysis, the decision of the Panel of Judges to reject the application for a polygamy permit is legally correct, but from the point of view of maqashid syari'ah, refusal of a polygamy permit is considered inappropriate. As thefiqh law ofDar'ul Mafasid Muqaddam 'Ala Jalb Al-Mashalih, in terms of refusing this request for polygamy, the author feels that maintaining offspring and self-respect are considered more important. Therefore, the refusal of polygamy permission according to the author's analysis is considered inappropriate from the point of view of maqashid shari'ah. In line with the above conclusions, the government should make clear statutory regulations, for judges or readers the analysis of maqashid syari'ah in this case should not be used as an absolute benchmark because in-depth analysis is needed for those who wish to practice polygamy it should fulfill all the terms of the applicable law.
ANALYSIS OF CIVIL SERVANT SALARIES AS COMMON PROPERTY AFTER DIVORCE Ilham, Muhammad
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 13, No 1 (2025): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v13i1.10454

Abstract

This study aims to examine the rights and obligations of husbands and wives who are civil servants (PNS) in the event of divorce according to Marriage Law No. 1 of 1974 and regulations related to joint property. The background of this research is based on the fact that divorce, although a last resort in a marriage, often causes serious problems, especially regarding the division of joint property and social implications, particularly for couples who are civil servants due to the existence of special employment regulations. The urgency of this research lies in the need to understand the legal protection for wives and children after divorce so that their rights are not violated. The method used is normative juridical research with a qualitative approach, combining law in book and law in action analysis through a review of legislation and Islamic legal literature. The results of the study show that divorce among civil servants has specific legal consequences, including the obligation of the husband to give part of his salary to his ex-wife and children if the divorce is at his request, while this right is forfeited if the wife files for divorce or remarries. This study recommends the need for more intensive dissemination of information regarding the rules on marriage and divorce for civil servants, as well as improved legal protection to prevent inequality of rights between the divorcing partie

Page 6 of 6 | Total Record : 59

 2   3   4   5   6 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 13, No 1 (2025): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH Vol 12, No 2 (2024): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH Vol 12, No 1 (2024): AL USRAH : JURNAL AL AHWAL AS SYAKHSIYAH Vol 11, No 2 (2023): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH Vol 11, No 1 (2023) Vol 10, No 2 (2022) Vol 10, No 2 (2022): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH Vol 10, No 1 (2022): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH Vol 9, No 01 (2021): Juni 2021 Vol 9, No 2 (2021): Juli-Desember 2021 Vol 5, No 1 (2017): Al-Usrah Vol 5, No 1 (2017): Al-Usrah More Issue