cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rahmatul Akbar
Contact Email
rahmatulakbar41090@gmail.com
Phone
+6285358268840
Journal Mail Official
-
Editorial Address
A Building, the Family Law Study Program, Shariah and Law Faculty, Ar-raniry State Islamic University Banda Aceh 23111
Location
Kota banda aceh,
Aceh
INDONESIA
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
 15   16   17   18   19 
The Tradition of Tepuk Tepung Tawar in Malay Weddings from the Perspective of Islamic Law: A Case Study at Tanjungpinang, Riau Islands Ardiansyah, Ogie; Masrokhin, Masrokhin
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.v6i2.5391

Abstract

Tepuk Tepung Tawar is a ritual in the Malay wedding ceremony, especially in Kampung Melayu of Kota Tanjungpinang Subdistrict. This tradition is also carried out for children who have completed their Qur’an recitation, with prayers for their safety, well-being, and protection from hardship in life. This present study used a sociological method, in which data were analyzed by using the theory of ‘urf (social custom) in Islamic law. Data were collected by means of interview and document study. This study revealed that historically, the tepung tawarceremony for newlyweds would be carried out alternately for each, considering that they have not yet had mahar batih (not yet consummated), while the tepung tawar ceremony for both would be carried out for longtime married couples. The Malay people are very strong in observing their customs and traditions; even giving rise to the Malay proverb “biar mati anak dari pada mati adat”, better for a child to die than for a custom to die. This proverb illustrates how deeply the Malay people are in upholding the customs and traditions of their ancestors. Theoretically, there is also harmony between Islamic law and ‘urf or social custom in Malay weddings.
‘Urf and Its Role in The Development of Fiqh: Comparative Study of Famliy Law Between Egypt and Indonesia Fauzi, Fauzi
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.v7i1.23968

Abstract

This research discusses the dynamics of changes in Islamic family law which is strongly influenced by ‘urf as a dynamic and elastic enrichment. The research question is how is the absorption of ‘urf in Egypt and Indonesia in fiqh, what are the rules for its application and contextualization in the development of Fiqh in Indonesia. Methodologically, this type of research is qualitative with documentation, interviews and observation as technical data collection. The data will be analyzed using the ushul fiqh and Sociological approaches. The results of the research are first, the absorption of ‘urf in Egypt and Indonesia is very strong, especially in the field of Islamic Family Law. In determining the dowry, each region has different customs and considerations, both in Indonesia and Egypt. The difference is in terms of joint assets, the wife in Egyptian 'urf is guaranteed to have assets from three sources; grants, gifts from parents and husbands. Meanwhile in Indonesia, joint assets are considered based on their contribution to the family business after marriage, which varies greatly according to prevailing customs. This difference is considered absorbing 'urf in Fiqh as one of the interpreters of nass are in the form of; ‘urf is dependent, dynamic, accommodates values and norms, contributes to the development of Fiqh and fulfills the elements of maqasid sharia. As a finding, in the Contextualization in the Development of Fiqh, ‘urfcontributes to tajdid (renewal) which places more emphasis on mutaghayyirat of the family law. There is no change in Fiqh without a change in ‘urf.
Tawakal and Life Optimism for Divorced Married Couples: A Case Study in Medan, Satria Village, Bekasi City, West Java Province Alifatuzzahroh, Wafa; Tasman, Alfadhli
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.v6i2.20000

Abstract

Marriage is a relationship between a man and a woman that is commanded in Islam. Among the purposes of marriage is to meet the various primary needs of human beings so that they can lead a better, calm and purposeful life (litaskunu ilaiha). However, along the way, there are often various problems that in some cases lead to divorce or separation. Divorce occurs due to various problems in the marriage, causing trauma, depression, loss of optimism in life and so on. The various negative impacts of divorce must certainly be faced in various ways so that the person concerned can rise from all the lags to continue to realize various plans and targets in his life. This research uses empirical legal methods using Islamic legal approaches as an analytical tool. Data were collected using in-depth interviews and documentation studies, interviews with informants of divorced parties both husband and wife. The informants in this study consisted of 5 people distinguished by 3 females and 2 males. The research concludes that trust is an important instrument in increasing faith after divorce. The majority of respondents said that putting their trust in post-divorce can increase faith. The informant said that post-divorce trust has an important role in strengthening self-mentality, increasing resilience, and building a positive mindset.
Inequality as a Construct of Customary Law: Access to Home Ownership Rights of Women in Lampung Napsiah, Napsiah; Muryanti, Muryanti; Wijayanti, Yani Tri
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.v7i1.22456

Abstract

The current study examined the challenges of women living under Lampung’s highly stringent customary law pertaining to the acquisition of home ownership rights in 3 villages in Hulu Sungkai, North Lampung, Indonesia. In Lampung customary law, the home is conferred to the male descendant. This study employed the constructivist perspective and used data collected from field observations, interviews, document analyses, and literature reviews to address the practices of traditional power among Lampung women. The research results indicate that the construct of customary law has positioned women and men differently, subsequently leading to unequal treatment of women in the family. Patriarchy’s dominance in Lampung customary law has made life more difficult for women, who are already responsible for housekeeping and enriching education. Still, customary practices provide them no opportunity of any kind, and this has negative consequences. Women are highly dependent on men, and women frequently become victims of domestic violence. The construct of Lampung customs has established how women are treated in society. Lampung’s customary construct needs to be counterbalanced by a better public understanding of property ownership laws so that people have more gender awareness regarding home ownership.
Family and Creative Economy in Sunan Gunung Djati Religious Tourism Area, Cirebon, Indonesia Muamar, Afif; Rijal, Syamsul; Faozi, Moh. Mabruri; Mahfudin, Mahfudin; Tohayudin, Tohayudin
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.v7i1.21987

Abstract

This study aims to determine efforts to create a harmonious family, to identify activities, and to determine the factors that influence the income level of creative economy actors. This study employed a qualitative approach to examine the role of families in the creative economy and minimize business weaknesses and factors that influence the income of around 350 service and business sectors. This study found that first, efforts to create a harmonious life for creative economy actors, namely creating household conditions that are communicative and warm, as well as instilling an attitude of acceptance and instilling a sense of trust in married couples. Second, tourism is a labor-intensive sector that includes services and the business world. Third, the main factors that influence the level of creative economy income are internal and external factors. This research provides new insights into a comprehensive review of the family and creative economy of religious tourism at the Sunan Gunung Djati Cemetery, Cirebon.
Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia Makinara, Ihdi Karim; Ungel, Jamhuri; Arrazi, Fitrah
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.v6i2.7836

Abstract

In the city of Banda Aceh, Indonesia, divorce is permissible in some circumstances including physical infirmities, such as when a husband experiences an erectile dysfunction. Under the Islamic law, divorce is permissible and the woman has the right to initiate divorce proceedings and pursue legal action. This study aims to examine the perspectives of judges at the Banda Aceh Syari'iyah Court regarding divorce cases involving individuals with physical disabilities. This study scrutinizes the practical legal methods employed by analyzing them from the perspective of the Islamic family law principles. This article analyzes the practical legal methods employed by studying the perspectives of the Islamic family law. Conversely, the process of collecting data entails scrutinizing documents, such as legal judgments, pertinent literature, and scholarly papers. According to Hanafi and Malikischolars, divorce due to physical inability is classified as talak ba'in, as determined by this study. Conversely, the Shafi'i and Hanbali schools are seen solely as a means to breach the sacrificial pact (fasakh). If this divorce is determined to be valid, the husband will have two opportunities to legally execute the divorce in order to remarry this woman. According to this, the Banda Aceh Sharia Court concluded that a husband's inability to perform sexually might be considered a valid reason for his inability to fulfill his responsibilities. Testimony from witnesses confirmed this, providing evidence that the legal proceedings adhered to Islamic law. Consequently, this study concludes that divorce occurs when a husband's physical impairment hinders his ability to fulfill his obligations, leading to the breakdown of the marriage. However, the Sharia Court provides a remedy (dispensation) to address the medical condition (impotence) so that the judges might take it into account when seeking reconciliation between the two parties, if the condition is resolved.
The Politics of Waqf Practice in Pesantren Kyai Families in Bangkalan Madura, Indonesia Choiri, Muttaqin; Ardyansyah, Farid
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.v7i1.22186

Abstract

The Waqf Law mandates that waqf management is expected to sustain and improve the ummah's economy, but many waqf practices are not carried out according to procedures, such as changing Nazirs without coordinating with the Indonesian Waqf Board, which is done by many Kyai in Bangkalan Regency. Waqf Core Principles is an initiative effort that aims to provide a description of the position and role of waqf management and supervision systems in economic development programs and as a methodology on the core principles of management and supervision. This research uses a qualitative approach. Data were obtained from waqf managers in Islamic boarding schools in Bangkalan Regency, targeting effective waqf management in Waqf Core Principals, using componential analysis with Atlas.ti. The research findings show that the practice of waqf in Islamic boarding schools in Bangkalan Regency is more of a formal practice as a requirement for obtaining assistance and the like, including the waqf management structure revolving around close family circles, while in terms of supervision, the government is passive in waiting if there are problems and adjusting the budget in socialization and supervision activities. Building awareness of the utilization of waqf assets can be done through structured counseling through existing instructors in each sub-district by building synergies with pesantren, as educational, religious and social institutions that are trusted to be at the forefront and pilot of waqf development.
Reassessment of Islamic Legal Bases for Matrimonial Property in Malaysia Jusoh Yusoff, Amir Fazlim
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (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.v7i2.26374

Abstract

Most Islamic countries do not implement laws related to matrimonial property (harta sepencarian). This is due to the absence of specific provisions in the Quran and hadith that permit such practices. However, Malaysia has long practiced this and has a comprehensive legal framework concerning matrimonial property. Given this, is the practice in Malaysia truly in line with the teachings of the Quran and hadith? Therefore, this study aims to revisit the foundations of Islamic law regarding the implementation of matrimonial property laws. This research adopts Islamic normative legal research based on the principles of usul al-fiqh. This study reveals that the legal foundations cited by proponents of matrimonial property implementation, which include 'urf, syirkah, istishab and maslahat mursalah are inaccurate and do not align with the principles of usul al-fiqh. Thus, a new principle or legal basis is needed to legitimize Islamic matrimonial property distribution in Malaysia.
Childfree in Modern Muslim Communities of Lampung and West Java Provinces: A Maqāṣid al-sharī'ah Perspective Mu'in, Fathul; Miswanto, Miswanto; Edy, Relit Nur; Santoso, Rudi; Fikri, Arif
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (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.v7i2.22400

Abstract

Recently, being childfree has become a trend in modern Muslim society. Childfree is practiced not only by celebrities but also by common people in Indonesia, particularly in Lampung and West Java provinces. On the one hand, the decision to be childfree is an individual right of each family, but it is considered contrary to the goals of Islamic law, which are to preserve offspring. This study examines the childfree phenomenon in modern Muslim communities in Lampung and West Java through the perspective of maqāṣid al-sharī'ah. This research employed a qualitative method with an ethnographic approach. The research suggested that modern Muslim communities in Lampung and West Java Provinces choose childfree for economic, mental, health, perspective, and environmental reasons. According to maqāṣid al-sharī'ah, being childfree contradicts Sharia's purpose of preserving offspring. Sharia promotes marriage and having healthy offspring. Meanwhile, Sharia cannot justify childfree due to lifestyle or economic factors. Specifically, a fear of not being able to provide for the child's future needs because Allah ensures livelihood for every servant who has faith and works diligently. At the same time, being child-free due to health reasons is permissible.
Muslim in Malaysia Understanding in Regards to the Concept of Compatibility (Kafa’ah) in Islamic Marriage Mohd Kusrin, Zuliza; Yusof, Wafaa’; Ismail, Nor Faizah; Che Abdul Rahim, Norsyamlina; Hibaoui, Abderrahmane
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (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.v7i2.26664

Abstract

Islam provide guidelines for choosing spouse based on compatibility (kafa’ah or sekufu). The criteria include equality in religion, wealth, lineage, beauty, health, and social status. However, divorce cases indicate that it occurs due to lack of compatibility between the spouse. This study discusses the concept of compatibility in Islam and respondent’s understanding on it. It involved 355 Muslim respondents, in Malaysia. A set of questionnaires was distributed, then the data were analysed descriptively. The result recorded a high agreement percentage on the respondents' understanding of kafa'ah in religion, wealth, lineage, ethnicity, beauty, health, social. A high agreement percentage also resulted in their understanding of compatibility as guidance for choosing spouse and guardian (wali)’s authority in compatibility (kafa'ah). As a conclusison, the respondens’ understanding on the concept of compatibility (kafa’ah) is high and it is hope that it will become a guidance for them and community while choosing their future spouses

Page 17 of 24 | Total Record : 231

 15   16   17   18   19 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol. 8 No. 2 (2025): EL-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga Vol 7, No 1 (2024): EL-USRAH: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): El-Usrah: Jurnal Hukum Keluarga Vol 5, No 2 (2022): El-Usrah: Jurnal Hukum Keluarga Vol 5, No 1 (2022): El-Usrah: Jurnal Hukum Keluarga Vol 4, No 2 (2021): El-Usrah: Jurnal Hukum Keluarga Vol 4, No 1 (2021): EL-Usrah: Jurnal Hukum Keluarga Vol 3, No 2 (2020): El-Usrah: Jurnal Hukum Keluarga Vol 3, No 1 (2020): El-Usrah: Jurnal Hukum Keluarga Vol 2, No 2 (2019): EL-Usrah: Jurnal Hukum Keluarga Vol 2, No 1 (2019): El-Usrah: Jurnal Hukum Keluarga Vol 1, No 2 (2018): El-Usrah: Jurnal Hukum Keluarga Vol 1, No 1 (2018): El-Usrah: Jurnal Hukum Keluarga Vol. 1 No. 1 (2018): El-Usrah: Jurnal Hukum Keluarga More Issue