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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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Fulfillment of The Living Rights of Children the Victims of Divorce in the Muslim Community of Lombok, Indonesia Abdullah, Abdullah; Syahri, Akhmad; Hamamah, Fatin; Gafur, Abd.; Sholeh, Ahmad
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.v7i1.22281

Abstract

This research examines the effectiveness of fulfilling the livelihood rights of children, the victims of divorce, the inhibiting factors, and how alternative solutions solve the problem of providing for children in Lombok Island, West Nusa Tenggara, Indonesia. This research is field research. The research data includes primary data and secondary data. The primary data is data obtained from respondents, informants, and resource persons. Data collection techniques in this research used interview techniques, observation, and documentation. The data that had been collected was inventoried and classified and then analyzed using the deductive method to draw conclusions. The results of this study indicate that fulfilling the livelihood rights of children of divorce victims in Lombok, West Nusa Tenggara, Indonesia is not very effective. Research data shows that 45% of children who are the victims of divorce are not given a living right at all, and the remaining 55% are given a living but not by the nominal needs of the children, 24% of children are given a living of 100,000-300,000 thousand per month and 31% of children who are the victims of divorce are given a living of 350,000 -500,000 thousand rupiahs. Factors inhibiting the fulfillment of children's livelihood and education rights are 42% due to negligence, 26% due to marriage, 21% family conflict, and 11% due to economic factors. An alternative solution to overcoming the problem of fulfilling children's livelihood rights is socialization law, tabayyun and deliberation, religious approach, and legal approach.
Analysis of Policies and Strategies to Lower Childhood Stunting in South Sulawesi, Indonesia Paikah, Nur; Yamin, Muhammad; Hafni, Nur
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.v7i1.22310

Abstract

Analysis of policies and strategies to accelerate stunting reducing in children in South Sulawesi Province. Examine the facts and make corrections to various policies and strategic programs that are better and more comprehensive by the central government and regional governments because the quality of future human resources is largely determined by the current condition of children so that the golden generation of 2045 can be realized. This research aims to analyzing policies to reduce stunting rates in South Sulawesi Province. The research uses normative legal methods analyzed with policy theory, while data collection techniques come from trusted sources such as government reports, scientific journals and health survey data. The research findings reveal several important factors contributing to the high stunting rates in South Sulawesi Province, including limited access to adequate nutrition, low maternal education levels, and poor sanitation. Evaluation of existing policies indicates that the policies implemented by the provincial government have had a positive impact but still require improvement and enhancement in their implementation. Therefore, recommended strategies to accelerate stunting reduction include improving access to adequate nutrition, enhancing maternal health education, and improving sanitation. The results of this study are expected to provide input to the provincial government and relevant stakeholders in formulating more effective and efficient policies to address stunting in children in South Sulawesi Province.
Legal Protection for Children in Cases of Domestic Violence in the Indonesian Households Alifiyah, Rifdah; Anshori, Isa
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.v6i2.19153

Abstract

This study aims to investigate and evaluate the many legal protections available to children who experience domestic abuse. Additionally, it seeks to provide a comprehensive framework for enhancing legal protection measures specifically designed for child victims of domestic violence. This study employs a normative approach to analyze legal issues by examining legislation. The material examined pertains to legal statutes and laws concerning instances of familial child abuse. This study establishes that child domestic violence can manifest in various forms, including physical, sexual, emotional, neglect, and economic abuse. The act of violence infringes upon the rights of children and adversely affects their overall welfare, leading to diminished cognitive abilities, impaired emotional regulation, challenges in social interaction, psychological developmental disorders, difficulties in establishing relationships and trust, increased susceptibility to depression and anxiety disorders, and various mental health issues. The legal safeguarding of children in Indonesia is governed by Law No. 23/2002 on Child Protection, which was subsequently revised by Law No. 35/2014. This legislation serves as the legal foundation for the protection of children, including all endeavors aimed at ensuring their safety, well being, and the fulfillment of their rights to thrive, mature, progress, and engage fully.
Granting of Property During Marriage as an Inherited Property in Indonesia Nugroho, Eko Rial; Prabowo, Bagya Agung; Rohidin, Rohidin
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.v7i1.22875

Abstract

This study aims to discuss the granting of property by parents who are accepted at the time of marriage or are still bound by a valid marriage as inherited property. The problem is whether the property received at the time of marriage is innate property or joint property (gono gini). This research is normative research, with a legislative, conceptual and case approach, using primary legal materials, secondary legal materials, tertiary legal materials, research data collection using literature studies and document studies and analyzed qualitatively. The result of this research is that the property obtained from giving (grant) is innate property. Even though the grant is carried out when the husband and wife are still bound by a legal marriage or are still in the marriage period, the property is still innate or original property. The inherited property of each husband and wife, whether the property was obtained before marriage or during the marriage period obtained by each of them as a gift or inheritance as personal property. The position of inherited property belongs to and is under the control of each other, during the marriage as stipulated in Article 35 paragraph (2) of the Marriage Law and Article 86 of the Compilation of Islamic Law. The owner is free to take legal action against the property. The inheritance of the husband or wife and such property cannot be included in the scope of joint property unless the husband and wife have arranged it in the marriage agreement.
The Law on the Tripple Talaq at Once in the View of Yusuf Al Qaradawi's in Contemporary Context: Analysis of Sadd Al-Żarī'ah Theory Yuhasnibar, Yuhasnibar; Wati, Risna
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.v6i2.10180

Abstract

Triple talaq (Third Divorce) at once is a prominent topic in Islamic jurisprudence that continues to be of great interest to modern academics, including Yusuf Al-Qaradawi. Yusuf Al-Qaradawi holds a divergent perspective from the majority of ulama who regard the law on maximum talaq at once as equivalent to triple talaq (the one mentioned three times). This research seeks to analyze Yusuf al-Qaradawi's perspectives on triple talaq at once by employing the sadd al-żarī'ahtheory. This study employs a normative legal approach, utilizing the sadd al-żarī'ah theory for descriptive and analytical analysis. According to Yusuf al-Qardhawi,  maximum talaq at once is illegal due to its non-compliance with the commandments of Islamic law. The process of divorce should follow several steps, including the initial divorce, followed by the iddah period, and then the possibility of reconciliation. The second or third divorce procedure can be pursued if reconciliation is not achieved. The argument presented relies on the historical account of Imam Muslim from Ibn Abbas, which elucidates that the occurrence of maximum talaq at once throughout the era of the Prophet, Abu Bakr, and the first two years of Umar's caliphate was seen as a single talaq. Ibn Wahhab's historical account of Al-Nasa'i documents the incident where the Messenger of Allah declined to listen to the news of a maximum divorce being pronounced simultaneously. The historical account of Abu Dawud, as related by Nafi', documented the divorce of Rukanah from his wife, which eventually reached the Messenger of Allah. According to Yusuf Al-Qaradawi, the immediate restriction of the maximum talaq at once is an attempt to conceal the harm caused. The fundamental principle of sadd al-żarī'ah's theory posits that every action that is forbidden by the Qur'an and hadith is intended to hinder the occurrence of harm or wrongdoing.
The Granting of Family Card for Siri Marriage in Banda City: Perspective of Islamic Family Law Daniela, Nadya Pratiwi; Hanapi, Agustin; Husnul, Muhammad; Fahri, Marjana
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.v7i1.23317

Abstract

Law No. 1 of 1974, as does the Compilation of Islamic Law, concerning marriage mandates the registration of every marriage to obtain legal validity such as a marriage certificate, which later becomes a requirement for making a family card. A family card is obtained if a marriage is registered in accordance with applicable laws and regulations. Siri (i.e., unregistered) marriage previously had various consequences, including children not having birth certificates, not having family cards, and, not being able to obtain their rights as husband and wife in the event of marital disputes. Therefore, marriage must be officially registered in order to obtain all the documents needed to create a family card. This will minimize the prevalence of siri marriage. However, the issuance of Minister of Home Affairs Regulation (PERMENDAGRI) No. 108 of 2019, which adds the status of unregistered marriage and unregistered divorce to the provision of family card, has allowed the registration of a family card without attaching a marriage certificate and accommodated providing family cards for unregistered marriages. On the one hand, having family cards is deemed necessary; yet, on the other hand, it is contrary to Law No. 1 of 1974 on Marriage. From a sociological point of view, it can have a negative impact on the increase of siri marriage as it no longer has any consequence at all. Thus, it is important to review the application of PERMENDAGRI No. 108 of 2019 sociologically from the perspective of Islamic family law using the theory of maslahah (benefit). This empirical study used the descriptive qualitative approach, which took place in Banda Aceh City. The study collected legal materials through document study. Sociologically, many negative effects have occurred on the issuance of family cards from the perspective of Islamic family law as well as the consequences of the implementation of PERMENDAGRI No. 108 of 2019 for women and children.
The Role of Customary Leaders as Ḥakam in Resolving Divorce: A Case Study in Kuta Alam Subdistrict, Banda Aceh City Nurdin, Ridwan; Abdullah, Muslem; Fahmi, Zakiyul; Darna, Andi
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.v6i2.12710

Abstract

Divorce in households can occur due to several factors, such as economic factors, ongoing arguments, and domestic violence. Therefore, an alternative solution in such a situation is necessary by involving the role of the village customary leaders as a ḥakam (peacemaker). The effectiveness of the role of the village customary leaders as a ḥakam must fulfill five aspects: purpose, strategy, policy, planning, and implementation. In this study, the aim was to examine the role of the village customary leaders as a ḥakam in resolving divorce in Kuta Alam Subdistrict, Banda Aceh City and the effectiveness of the role of the village customary leader as a ḥakam in resolving divorce in Kuta Alam Subdistrict, Banda Aceh City. The study used a qualitative research method, using a normative sociological approach, and collected the data by means of interviews and document study. The results showed that village customary leaders such as ḥakam play the role of mediators in marital disputes, in which they investigated and found the roots of the problems with the hope that the disputed could be reconciled and reunited in their households. Further, the role of the village customary leaders as a ḥakam has been considered effective as seen from several peace processes carried out. However, some cases of conflict have not been resolved because some parties demand settlement in court. The study suggests that village customary leaders as ḥakam need to pay attention to the aspect of legal force in handling divorce and that the village institution should prepare administrative staff in the deliberation process
Status of Children Born Out of Wedlock: A Study of Constitutional Court Decision and Its Relevance to the View of Ibnu Taimiyah Ali, Bukhari; Wulandari, Nur; Erianti, Nahara
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.v7i1.24200

Abstract

The Constitutional Court Decision No. 46/PUU-VIII/2010 has introduced a new paradigm in the civil and family law systems. However, this decision has faced significant controversy among Muslims, who constitute the majority religious group in Indonesia. The majority of ulema (Muslim scholars) maintain that children born from zina (fornication) cannot be attributed to their biological fathers. In contrast, Ibn Taimiyah, a renowned Islamic scholar, has proposed the concept of istilhaq, which allows for the attribution of children born from zina to their fathers. This study aims to address three research questions: 1) What is the content of the Constitutional Court Decision No. 46/PUU-VIII/2010? 2) What is Ibn Taimiyah’s opinion on children born out of wedlock? 3) What is the relevance of the Constitutional Court decision to Ibn Taimiyah’s opinion? The study employed a juridical-theoretical method, utilizing both legal and Islamic perspectives. The findings reveal that the majority of ulema hold the view that children born out of wedlock are only attributed to their mothers. Ibn Taimiyah, on the other hand, argues that they can be attributed to their biological fathers through the concept of istilhaq (acknowledgment) and qiyafah (facial resemblance). The Constitutional Court decision does not provide a definitive clarification on the status of children born out of wedlock. Consequently, both children born from underhand marriages and from zina become the responsibility of the biological fathers if their paternity can be established through DNA testing. The relevance between the Constitutional Court decision and Ibn Taimiyah’s opinion lies in their shared recognition of the possibility of establishing nasab (lineage) without solely considering the circumstances of the child’s birth. This recognition can be achieved through DNA testing in the present era and through acknowledgment and facial resemblance assessments in Ibn Taimiyah’s time.
Divorce Petition Against Drug User Husband: Case Study of Kuala Simpang Syar'iyah Court Decision, Aceh Tamiang Devy, Soraya; Amrullah, Amrullah; Zulfiana, Utari
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.v6i2.12062

Abstract

A wife can file for divorce for a variety of reasons, one of which is because her husband is involved in a drug case. The purpose of this study is to determine the factors considered by Kuala Simpang Syar'iyah Court judges in deciding divorce cases involving drug-user husbands from the standpoint of Islamic law. This study employs empirical research methodologies that are examined using Islamic legal philosophy. This case study examines the judge's ruling at the Kuala Simpang Syar'iyah court in Aceh Tamiang. The court bases its judgment on the state of being detrimental in the family, as the decision of the wife's petition against her drug-using husband is not governed by any law or other regulations. According to the Maliki and Hambali Schools of Thought, a wife may file for divorce from her drug-using husband before a court under Islamic family law. Because the plaintiff and defendant's domestic lives were no longer harmonious since her husband began using drugs, her husband frequently became violent when under the influence of drugs. Thus, the judge's considerations align with Islamic law norms aimed at promoting and protecting the wife and family.
Problematic Fatwa: An In-Depth Sociological Investigation of MUI’s Fatwa on Supporting Palestine’s Struggle Amin, Abd. Rauf Muhammad; Syatar, Abdul; Mayyadah, Mayyadah; Abubakar, Achmad; Haq, Islamul
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.v7i1.22020

Abstract

The purpose of this study is to assess and reveal the social background of the emergence, the suitability of methodology and istidlāl, and the problematic aspects of the Indonesian Ulema Council Fatwa Number 83 of 2023 concerning the Law of Support for the Palestinian Struggle. This research is empirical with a sociology of law approach. Data sources were obtained through MUI fatwa, interviews with a number of MUI administrators in the region, and literature study data. Data analysis through the stages of reduction, presentation, and conclusion. The research found that the social background of the fatwa arose due to questions and pressure on MUI to respond to the social reality that occurred in Palestine. In the fatwa of support for the Palestinian cause, MUI uses the naş approach and the qaulī approach. The opinions of the madhhab scholars quoted are dominated by the al-Shāfi'ī madhhab. The construct of istidlāl is in accordance with the fatwa methodology established by MUI. Meanwhile, the problematic dimension of the fatwa lies in the ruling of "haram" without explaining the criteria. Haram cannot be ruled on something that is not convincing. The reaction of intellectuals on social media, both pro and contra the fatwa, to the fatwa is an indication to question the competence and representation that MUI wants to bring. MUI did not release the list of boycotted products (at least criteria/indication), so it backfired on some of the affected products. In the future, MUI's assertiveness in issuing fatwa is still needed with language that is easier to understand.

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