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El-Usrah: Jurnal Hukum Keluarga
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 26208075     EISSN : 26208083     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal El-Usrah merupakan jurnal ilmiah berbasis Open Journal System (OJS) yang dibina oleh Prodi Hukum Keluarga Fakultas Syari`ah dan Hukum Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh. Jurnal El-Usrah ini adalah sarana bagi peneliti dan akademisi yang bergelut di bidang hukum keluarga Islam untuk dapat mengembangkan keilmuan dalam rangka mewujudkan Tri Dharma Perguruan Tinggi. Jurnal El-Usrah diterbitkan dua kali periode dalam setahun, yaitu periode Januari-Juni dan periode Juli-Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 231 Documents
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Reposition of Ihdad Women’s Multi-Career Perspective: Philosophical, Historical, Juridical, and Sociological Studies Akbar, Wahyu; Tarantang, Jefry; Mujiburohman, Mujiburohman; Ridwan, Ahmad Hasan; Sururie, Ramdani Wahyu
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.23038

Abstract

Repositioning the ihdad of career women is a phenomenon that involves changing the role and position of women in a professional context. A multi-perspective approach is needed for a complete grasp of this phenomenon, including philosophical, historical, juridical, and sociological studies. The research method is the normative method with a literature review (library research) with a phenomenological approach, historical approach, philosophical or philosophical approach to Islamic law (ushul fiqh), juridical approach (regulations and fatwas), and sociological approach, then combined with retrospective methods and analyzed qualitatively. According to the results, a thorough comprehension of women’s shifting roles and positions in the workplace can be seen in the repositioning of ihdad from a philosophical, historical, legal, and sociological standpoint. From a philosophical perspective, career women’s ihdad repositioning involves considerations of gender equality, justice, and human dignity. From a historical perspective, career women’s ihdad repositioning reflects significant social changes in the role and position of women in the workplace. Historically, women were often restricted to domestic roles and deemed unsuitable for careers outside the home. From a juridical perspective, career women’s ihdad repositioning involves a legal analysis related to the protection and rights of women in the workplace. From a sociological perspective, career women’s ihdad repositioning involves an analysis of social structures and social interactions that affect women’s position in the world of work.
Disparity in Judge Decisions in Resolving Rad Inheritance Disputes: Case Study at the Sharia Court in Banda Aceh City Hasballah, Khairuddin; Mubarrak, Dhaiful; Rassanjani, Saddam
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i2.8612

Abstract

Two contrasting viewpoints emerge over the issue of rad inheritance, notably concerning the events at the Syar'iyah Court. One viewpoint granted Baitul Mal the remaining inheritance, while the other viewpoint maintained that the heirs were entitled to reclaim their remaining assets. This study aims to identify the key elements considered by the justices of the Aceh Syar'iyah Court and the Banda Aceh Syar'iyah Court while making their verdicts in this case, as well as how Islamic law assesses the resolution of inheritance disputes related to property rights. This study scrutinizes the empirical legal research methodologies employed by analyzing them from the perspective of Islamic legal theory. The data is collected by conducting interviews and accessing material in libraries. The findings indicate that the Banda Aceh Sharia Court's Panel of Judges awarded the remaining inheritance to Baitul Mal, in accordance with the book Hasyiyah al-Bajuri, Qanun Number 11 of 2002, and Article 11 paragraph (1), and Article 14 of Aceh Qanun Number 7 of 2004, which pertain to the implementation of Islamic Sharia in the fields of Aqidah, Worship, and Islamic Sharia, and Zakat Management, respectively. Per Article 193 KHI, the justices of the Aceh Syari'yah Court hold a differing opinion regarding the distribution of any leftover inheritance to the heirs of the zawil furudh. According to Islamic family law, Zaid bin Thabit and a few Malikiyah and Syafi'iyah jurists endorse the choice of Baitul Mal to accept the remaining bequest. Furthermore, Uthman bin Affan's viewpoint about the application of rad, which includes marital relations, asserts that all furudhheirs possess the right to rad. This stance is also backed by the ruling of the Panel of Judges of the Aceh Syar'iyah Court.
Family Resilience in a Psychological Perspective in Indonesia Fitria, Ida; Zainuddin, Muslim; Julianto, Julianto; Aliana, Cut Rizka; Barlian, Nur Intan
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.23107

Abstract

A happy family is not one that experiences no issues in everyday life. A happy family still needs the key to the strength and happiness through resilience, i.e., the ability of a family to survive from difficult challenges. This study aims to discuss family resilience from the perspective of Indigenous psychology in Aceh. The study used qualitative and quantitative methods with open coding data analysis. The participants in this study were husbands or wives of Aceh, Gayo, and Javanese tribes totaling 146 participants. The participants were grouped into three categories, i.e., the elderly couples (15%, n=22), middle-aged couples (46%, n=67), and newly married couples (39%, n=57). The results of the qualitative data analysis on how to recover from adversity in the family (i.e., family resilience) from the Indigenous perspective on the elderly couples, starting from the most dominant, are “communicating well” (31.8%), “praying and worshiping” (18.2%), and “being patient” (18.2%), while the rest mentioned “giving in, forgiving, children, and family support”, among others. Further, the middle-aged couples also showed the dominant responses for “communicating well” (28.4%), “self-introspection” (14.9%), and “praying and worshiping” (10.4%), while the rest had lower proportions. Newly married couples also indicated higher percentages in “communicating well” (36.8%), “praying and worshiping” (28.1%), and “self-introspection” (8.8%), whereas other responses had lower percentages. In general, the findings reveal that “communicating well” (32.0%), “praying and worshiping” (16.3%), “self-introspection” (12.2%), and “being patient” (8.2%) are the renewal aspects of resilience from the Indigenous perspective. This suggests that the resilience of married couples in Aceh not only relies on their ability to recover or to be resilient on their own, but also puts more emphasis on mutual communication, praying, and worshiping. Bonanno's approach emphasizes resilience in aspects of tough personality, self-improvement and repressive self-adjustment.
Flexibility of Women’s Inheritance Distribution in Jambi Malay Society: Compromising Islamic and Customary Law Al Idrus, Rahmi Hidayati; Ramlah, Ramlah; Yanti, Illy; Mubarrak, Harris; Mukhlisa, Dian
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.22038

Abstract

This study aimed to determine women's position in the division of inheritance in the Jambi Malay community. This study uses the social legal research method to understand legal phenomena from the social and cultural context in which the law exists. The primary data for this study came from in-depth interviews with religious and traditional leaders, while the secondary data was obtained from relevant literature. The data is then analyzed by editing, organizing, and grouping the research results. The study results indicate legal dualism in inheritance distribution in the Jambi Malay community, namely Islamic and customary law. However, customary law dominates compared to Islamic law. In practice, the flexibility of women's inheritance distribution in the Jambi Malay community aims to find out about the negotiations of the Jambi Malay community in dealing with the equalization of men and women in the distribution of inheritance. Equality is permitted in Islam because, in practice, there must be agreement and approval from each heir
Problems of Sirri Marriage and Prisoners: A Case Study in Sukadana, East Lampung, Indonesia Zainuri, Andi; Muslimin, Ahmad; Mukhlishin, Ahmad
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i2.17487

Abstract

Sirri marriage is a marriage carried out using the provisions outlined and determined by custom but does not fulfill state law. The state has established legal marriage through the Marriage Law and the Compilation of Islamic Law (KHI). This study aims to explain the legal perception of sirri marriage from the view of the Compilation of Islamic Law and Marriage Law in Indonesia. This research is an empirical legal study using a statutory approach. The data collection techniques used are interviews and documentation studies. Interviews were conducted with informants with religious leaders, the Head of the Religious Affairs Office, perpetrators of sirri marriage, and community leaders. The study concluded that marriage in Indonesia is legally regulated according to marriage law and the Compilation of Islamic Law, which states that marriage must be recorded. Meanwhile, marriages that are not recorded are not legally valid. The factors that cause the occurrence of sirri marriages are personal factors, including the characteristics of community understanding used as justification, the level of legal awareness factor, namely the level of understanding of community law, and the rules of law that exist and apply in Indonesia, which are less considered. The sirri marriage will have impacts and victims on women and children. Therefore, this research recommends that all parties create legal awareness in the community regarding the legal rules of marriage.
Shifting Inheritance Patterns in the Minangkabau Tribe in Negeri Sembilan, Malaysia Ismail, Ismail; Nofiardi, Nofiardi
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.23998

Abstract

In the Minang Urang Darek Luhak Nan Tigo and Urang Rantau Negeri Sembilan Malaysia communities, inheritance is passed down to nieces based on matrilineal practices. They hold a significant role in the tradition, following the sumandocustom, and the offspring belong to their mother's tribe. This study seeks to ascertain whether the practice of inheriting heirlooms in the Minang Urang Darek Luhak Nan Tigo and Urang Rantau Negeri Sembilan Malaysia communities is still in accordance with traditional customs or if it has started to deviate from prior norms. This study employed an anthropological methodology, utilizing in-depth interviews. The findings suggest that the father has taken on the position of an expert and protector, while the mother's involvement is limited to customary events. In contrast to the residents of Negeri Sembilan who continue to reside in the village, there are some who have relocated outside of Negeri Sembilan. The inhabitants of Negeri Sembilan who reside in their native region continue to firmly uphold traditional customs, whilst those that relocate outside of Negeri Sembilan have resettled in their paternal hometowns. The inheritance of ancestral property has altered in accordance with the changing role of the mother. In the past, it was customary for ancestral property to be inherited by nieces. However, there has been a shift in this practice, with some individuals now choosing to pass down their ancestral land to their own children. As a result, many ancestral lands in Negeri Sembilan have been left abandoned as people seek livelihoods in new locations.
The Role of Parents in Providing Lessons and Sermons on Islamic Educational Ideas from The Perspective of Children in Jordan AL-Momani, Mohammad Omar
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.22956

Abstract

The study aimed to identify the degree of Parents’ practice of methods of setting examples, lessons, and sermons included in Islamic educational thought from the point of view of university children. This is related to some variables, such as gender, academic specialization, and stage of study, where the researcher followed the Descriptive analytical method. By applying the questionnaire consisting of (15) items, which served as a tool for the study and which was applied to (2500) male and female students from various Jordanian universities in the second semester of the academic year (2023/2024), the study concluded, after conducting appropriate statistical treatments, to the level of parents’ practice of educational methods in general. He came with a degree high on the scale as a whole, with an arithmetic mean of (3.94) and a standard deviation of (0.64). The results also showed that there were no statistically significant differences attributable to the variables of the study, namely the variables of gender (males, females), the variable of the type of student’s academic specialization (scientific, humanities), and the academic stage variable. For students (intermediate diploma and bachelor’s degree). Referring to research findings, it shows that parents have a significant role in providing learning and sermons, guiding them in learning so that children are more focused. Parents use effective advice in the form of short sentences but full of deep meaning.
Islamic Renewal in the Field of Family Law: A Historical Analysis of Gender Equality Qadri, Busran; Siregar, Ihsan Mulia
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i2.17128

Abstract

This paper aims to discuss Islamic renewal in the field of family law by focusing on gender equality. The unfair treatment of women within pre-Islamic Arabian society was the starting point for Islamic renewal in the field of law, especially of family law. Such treatment was not in line with the principles contained in Islam, i.e., to bring mercy to all worlds. This study used a normative descriptive-analytical method and a sociological-historical approach. The data analyzed came from articles, books, and various references related to the topic. The study concludes that as a religion that brings mercy to all people, Islam reforms the behaviors detrimental to women; yet, the reform is not the end result, in which it is highly likely that it will be updated in the future for the benefit of the community universally. Therefore, a comprehensive understanding is needed in understanding Islamic law related to gender relations between men and women. This study also reveals that socio-historically men and women have a balanced and equal relationship with each other.
Utilizing the Banking System For Digital Waqf Behavioral Approach of Millennial Muslims Anggareni, Erike; Nurmalia, Gustika; Ja'far, A. Kumedi
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i1.22562

Abstract

The objective of this study is to analyze the influence of the digital sharia banking system on cash waqf among the millennial population in the Sumatran Island. This study is a quantitative research that focuses on the millennial generation in the Sumatran Island. The sample size for this study consists of 349 respondents. The data analysis approach employed is the Partial Least Squares (PLS) Test utilizing smart PLS software version 7.0. The findings indicate that Perceived Usefulness (PU) does not exert a substantial impact on the decision to waqf money. This implies that the level of benefits experienced by users of the digital sharia banking system does not have the ability to affect the decision to donate money through waqf. The perceived ease of use (PEU) positively and significantly influences the decision to waqf money. This implies that the higher the comfort felt by the millennial generation through the digital sharia banking system, the more likely they are to decide to waqf money. The sense of the surrounding environment, known as Subjective Norm (SN), has a positive and considerable influence on the decision to waqf money through the digital sharia system. Hubristic Pride (HP) does not exert a substantial influence on the inclination to donate money through the digital sharia system, indicating that the decision of the millennial generation to engage in this practice is not driven by hubris pride in the form of narcissism.
The Concept of Muḥammad Shaḥrūr on Gender Parity in Inheritance Legislation Huda, Miftahul; Hidayati, Tri Wahyu
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i2.18121

Abstract

The distribution of inheritance by Islamic law is carried out equitably, namely by allocating shares to both males and females. Nevertheless, the current discussion surrounding the allocation of inheritance is facing challenges, particularly about the inequitable division of inheritance, where two males receive twice as much as one female. This disparity is perceived as unjust by certain individuals. Various experts have extensively analyzed both male and female issues. This analysis provides a thorough examination of Muḥammad Shaḥrūr's ideology, focusing on its normative legal aspects, particularly about gender and legal concepts. As per Muḥammad Shaḥrūr, Allah assigns at least fifty percent of a man's share to a woman. This minimum level applies in cases where the mother does not provide any financial support for the family's maintenance. Nevertheless, if women actively participate in creating revenue and contribute to the family's financial support, their share of contribution becomes comparable to that of males. Muḥammad Shaḥrūr contends that both men and women can obtain equal portions of inheritance within the framework of gender and legal principles. However, this equality is dependent on certain conditions and must not violate the specified limits set by Islamic law.

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