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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 64 Documents
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A LEGAL ANALYSIS OF THE COMMERCIALIZATION OF THE MAHAR DUE TO THE ABSENCE OF LIMITS ON THE MAHAR IN THE COMPILATION OF ISLAMIC LAW Siti Nurheliza; Muhammad Amar Adly
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): 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.v14i1.30397

Abstract

Mahar is the right of a prospective wife that must be provided by the prospective husband as a consequence of the marriage contract. The Compilation of Islamic Law regulates the obligation to provide mahr but does not stipulate either a minimum or maximum limit for the amount of mahr that may be given in a marriage. The absence of such regulation grants the parties the freedom to determine the amount and form of mahr based on mutual agreement. On the other hand, this condition has the potential to encourage the phenomenon of mahr commercialization, shifting its meaning from a symbol of respect for women to a symbol of social status and economic interests. This study aims to analyze the juridical basis for the absence of mahr limitations in the Compilation of Islamic Law and its implications for the phenomenon of mahr commercialization in society. This research employs a normative legal research method with statutory, conceptual, and comparative approaches. Data were obtained through a literature study consisting of primary, secondary, and tertiary legal materials. The findings indicate that the absence of minimum and maximum limits on mahr in the Compilation of Islamic Law is based on the principles of flexibility in Islamic law, public benefit (maslahah), and respect for the diversity of customs and socio-economic conditions within Indonesian society. However, such freedom also has the potential to give rise to the commercialization of mahr, characterized by the determination of excessively high mahr as a symbol of prestige and social status. From the perspective of maqāṣid al-sharī‘ah, such practices are inconsistent with the objectives of Islamic law, which emphasize ease, public welfare, and the protection of wealth. Therefore, strengthening religious understanding and legal education is necessary to ensure that the determination of mahr remains oriented toward the values of simplicity and ease as taught in Islam.
NUSYUZ IN FIQH AND MODERN PRACTICE: A CROSS-SCHOOL DOCTRINAL ANALYSIS AND CONTEMPORARY CONTEXTUALIZATION Azhar Nur Mawaddah Gulo; Heri Firmansyah
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): 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.v14i1.30398

Abstract

Ideally, marriage should create a harmonious family, but household dynamics are often threatened by the threat of rift caused by the phenomenon of nusyuz. Nusyuz is often biasedly identified as a wife's disobedience, even though this attitude can occur reciprocally between partners when they neglect their obligations. The research aims to explain the idea of nusyuz from the perspective of various Islamic schools of jurisprudence and to analyze its adaptation and contextualization in modern practice. Methods The type of library research used is qualitative, normative-theoretical in nature through a comparative approach between schools of jurisprudence. The results of the study indicate differences in the definition of nusyuz and its implications for the right to maintenance among jurists. The Hanafi, Maliki, and Shafi'i schools agree that a wife's right to maintenance is forfeited if she leaves the residence without permission (khuruj), but if the wife refuses intimate relations but lives with her husband (ihtibas), she still has the right to maintenance according to the well-known opinion of the three schools of jurisprudence. In the modern era, physical resolution measures (beating) in QS. An-Nisa: 34 faces legal challenges due to its conflict with Human Rights standards and the Law to End Domestic Violence (UU PKDRT). In conclusion, modern practice deconstructs classical understanding by prioritizing the principle of equal partnership (mubadalah). Nusyuz is now interpreted as a disregard for shared commitments, where refusal of intimate relations for health or psychological reasons is no longer considered disobedience. Conflict resolution is more directed towards psychological approaches, mediation by peacemakers (hakam), and peace (ishlah), while physical action is strictly avoided to uphold humanitarian values.
FINANCIAL INDEPENDENCE AS THE BASIS FOR THE TERMINATION OF A FATHER’S CHILD SUPPORT OBLIGATION: AN ANALYSIS OF PROTECTIONS FOR CHILDREN WITH DISABILITIES Wike Sundari; Faisar Ananda
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): 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.v14i1.30400

Abstract

This study investigates the legal framework of financial independence as a criterion for ending a father's duty to support his children, through the lenses of Islamic law and Indonesian positive law, and evaluates the sufficiency of this concept in safeguarding the rights of children, especially those with disabilities. The used research approach is normative legal research, which focuses on the examination of legal norms within legislation, doctrine, and other pertinent legal documents. The methodologies used consist of the statutory approach, the conceptual approach, and the comparative approach. The sources of legal materials include fundamental legal resources such as legislation and Islamic law sources (the Qur'an, Hadith, and scholarly views), along with secondary legal materials including books, academic journals, essays, and pertinent expert opinions. Data analysis was performed qualitatively using descriptive-analytical techniques. The study's findings reveal that neither Islamic law nor Indonesian positive law establishes a definitive age restriction for the cessation of assistance; instead, it is contingent upon the child's economic capacity for independent living. In Islamic jurisprudence, this is shown in the principles of al-kasb and al-i‘timād ‘ala al-nafs, but in Indonesian law, it is encapsulated in the expression “able to stand alone” as articulated in Article 45 paragraph (2) of the Marriage Law. Nonetheless, the notion of financial freedom cannot be universally applied, since not all children possess the same capacity to attain economic autonomy, particularly those with impairments who face enduring limits. Consequently, this idea must be comprehended with flexibility and contextuality, while maintaining a focus on the principles of justice and the safeguarding of children's rights.
THE DYNAMICS OF DIVORCE LAW IN ISLAM: A COMPARATIVE STUDY OF THE PROVISIONS ON TALAK, KHUL’, AND JUDICIAL DIVORCE IN INDONESIA AND MOROCCO Ihsan Siregar; Sukiati Sukiati; Iwan Iwan
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): 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.v14i1.30399

Abstract

Morocco, by way of the Mudawwanah al-Usrah (2004), and Indonesia, through the Marriage Law in conjunction with the Compilation of Islamic Law (KHI), have undertaken reforms to their respective Islamic family law systems aimed at curbing unilateral divorce and safeguarding women's rights through an enhanced judicial role. This study seeks to comparatively examine the concepts, procedural frameworks, and practical implementations of three divorce mechanisms—talaq (repudiation), khul' (compensatory dissolution), and judicial divorce—within the legal contexts of Morocco and Indonesia. A normative-comparative legal approach is employed, drawing on both statute analysis and cross-jurisdictional comparison. Findings indicate the following. In terms of Talaq: Indonesian law mandates that talaq declarations be made before the Religious Court, while Moroccan law imposes more rigorous judicial oversight, conditioning talaq authorization on the husband's prior settlement of all financial obligations to the wife, including mut'ah. Regarding Khul': Indonesian law incorporates khul' within the mechanism of Cerai Gugat (wife-initiated divorce) accompanied by a compensatory payment (iwadh), whereas Moroccan law treats khul' as a distinct financial arrangement, with judges holding authority to determine compensation in cases of dispute. As for Judicial Divorce: both countries have broadened the grounds upon which a wife may petition for divorce; however, Morocco demonstrates greater progressiveness through the introduction of the Shiqaq doctrine (irreconcilable differences), which permits dissolution without requiring exhaustive proof of fault. In conclusion, while both nations have effectively transferred divorce authority from the private domain to the judiciary, Morocco's approach is more systematically codified and progressive in constraining husbands' prerogatives, whereas Indonesia continues to rely on a multi-tiered mediation framework alongside a dual administrative track for divorce proceedings.

Page 7 of 7 | Total Record : 64

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