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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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The Return of Doi Menre' Ba‘da Duhul in Bugis Marriage Law, South Konawe: Islamic Education and Sociology of Islamic Law Perspective Mansur, Mansur; Ihsan, Muh.; Diab, Ashadi L.; Nurfaidah, Sitti; Darlis, Syamsul
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.v7i2.25574

Abstract

Doi Menre' (gift money) can be returned after the divorce takes place even though husband and wife relations have previously occurred (ba‘da duhul). This research examines the practice of returning doi menre' (gifted money) ba‘da duhul, the social dynamics that influence it, as well as sociology of Islamic Law and Islamic Education perspectives regarding the practice of returning doi menre' (gifted money) ba‘da duhul for the Bugis community in South Konawe Regency, Southeast Sulawesi. This qualitative research employs a socio-empirical approach, including interviews with those who have returned doi menre' (gifted money) ba‘da duhul's, traditional leaders, community leaders, and religious leaders. The results of the research revealed that the return of doi menre' ba‘da duhul's was practiced in two stages, namely the pre-wedding verbal agreement stage and the stage of returning the doi menre' (gifted money). Three social dynamics influence the return of doi menre' ba‘da duhul's, namely; there was an oral agreement before the marriage took place, no solution was found to the marriage problems, and following the habits of some Bugis people in resolving divorce cases. Islamic education in the tradition of returning doi menre' ba‘da duhul in Bugis marriage law plays a foundation in forming principled, moral, fair in building a household, and contribute positively to social life. Sociological studies of Islamic law view that the practice of returning doi menre' (gifted money) is a managed system in the actions of the Bugis community which combines customary law and Islamic law in resolving divorce cases. In the end, research can participate in developing an assessment of the struggle between customary law and Islamic law in resolving marriage cases in Islamic communities.
Legal Solutions for Domestic Violence in Unregistered Marriages in Indonesia: Integrating Maqāṣid al-sharī’ah Akmal, Andi Muhammad; Mundzir, Chaerul; Asti, Mulham Jaki; Abbas, Rahmawati; Mustafa, Zulhas'ari
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.v7i2.25971

Abstract

 This research investigates the legal protection available for domestic violence (KDRT) victims within unregistered marriages (nikah siri) in Indonesia. It assesses the difficulties arising from the lack of formal recognition for these marriages and evaluates how Maqāṣid al-sharī’ah  principles can improve legal protection and fill existing gaps in Indonesian law. The study proposes integrating Indonesian marriage law principles with national frameworks to enhance victim protection. A qualitative approach is used, including descriptive analysis of legal documents, case studies, and jurisprudential interpretations. Data were gathered through literature reviews, document analysis, and interviews with legal experts. The focus is on how Maqāṣid al-sharī’ah  principles apply to Indonesian domestic violence laws and the role of itsbat nikah in providing legal remedies. Findings indicate that Indonesia's current legal system inadequately supports victims of unregistered marriages, creating significant barriers to justice and protection. The research underscores that Maqāṣid al-sharī’ah ’s focus on safeguarding life and lineage can form a solid basis for legal reforms. Itsbat nikah is identified as a key solution for officially recognizing these marriages and enhancing legal safeguards. This research is distinctive in merging Maqāṣid al-sharī’ah  with Indonesian law, presenting a fresh perspective on improving legal protection for victims in unregistered marriages. By aligning Islamic principles with modern legal practices, the study offers a framework to better support and protect victims. The study's implications suggest that integrating Maqāṣid al-sharī’ah  into legal reforms could strengthen protections and foster a more inclusive legal system.
Actualization of Pancasila Philosophy in the Context of Family Social Resilience in Jalawastu Traditional Village, Brebes Regency, Central Java, Indonesia Ardi, Mohammad Noviani; Santoso, Heri; Nizar, Muchamad Coirun; Tulab, Tali
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.v7i2.25746

Abstract

The development of the modernization era significantly influences changes in social behavior among individuals. Families, as the smallest social structures within society, are not immune to these changes and must adapt by understanding the values associated with family social resilience. This article aims to analyze family social resilience within the Jalawastu traditional village, located in Brebes Regency, Central Java Province, through the lens of Pancasila philosophical values. The study employs a qualitative methodology utilizing a grounded theory model to examine family life in the Jalawastu traditional village. Primary data were collected through interviews with customary administrators, traditional leaders, and members of the local community. Additionally, several scholarly articles and other studies served as secondary data sources. In analyzing the value of Pancasila philosophy in relation to the collected data, this study draws upon Soekarno's writings and other pertinent literature. The findings indicate that the social resilience of families in the Jalawastu traditional village is commendable. Each family member prioritizes familial values by respecting one another, maintaining communication, and fulfilling the respective functions and responsibilities of each member. Furthermore, they consistently uphold spiritual values within the family to mitigate conflict. In addition, they foster a sense of brotherhood among other families, which contributes to the robust social resilience of their own family unit. This framework demonstrates that families in the Jalawastu traditional village profoundly embody the cultural and religious values of the Pancasila philosophy. Consequently, this condition may serve as an ideal model for family social resilience in contemporary society.
Realizing Post-Disaster Sakinah Families: Analysis of the Resilience of Semeru Eruption Survivors' Families at the Relocation Site from the Maqāṣid al-Sharī’ah Perspective Rosyadi, Imron; Shofi, Muhammad Aminuddin; Ningsih, Erlin Indaya; Sabri, Fahruddin Ali
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.v7i2.22560

Abstract

The aim of this research is to analyze the resilience of families of Semeru eruption survivors after being relocated to new housing from a Maqāṣid al-Sharī’ah perspective, referring to the parameters in the Regulation of the Minister of Women's Empowerment and Child Protection, there are four indicators to measure family resilience, namely: physical, economic, social psychological, and socio-cultural. This research includes field studies with a qualitative approach, collecting data using interview techniques, observation and documentation. Content analysis is used as a data analysis technique, with triangulation of data sources as a technique for checking data validity. The research findings show: sequentially the economic aspects felt most affected by the survivors of the Semeru eruption after relocation, loss of assets and difficulty in finding new livelihoods were the causes, in second place the psychological aspect was due to the trauma felt, in third place the socio-cultural aspect was due to having to adapt in a neighborhood with completely new neighbors, and finally the physical aspect due to the lack of health services in the new residence. The efforts made are looking for a new job, strengthening the closeness between family members, strengthening solidarity and solidity between families in a new environment, and strengthening the spiritual aspects of the family. From a Maqāṣid al-Sharī’ah perspective, the condition of survivors' families is not yet ideal, because these families are still classified as vulnerable in terms of economic aspects and the realization of the values of sakinah, mawaddah and rahmah. Referring to the provisions in Law no. 52 of 2009 and Law no. No. 24 of 2007, building the resilience of families of Semeru eruption survivors cannot be placed solely on the family, it needs real support from the government, professionals, academics and civil society, to make this happen.
Preventing Domestic Violence Under Martial Law in Ukraine Haltsova, Olena; Obolentsev, Valeriy; Smetanina, Nataliia; Fivkin, Petro; Panova, Svitlana
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.v7i2.24146

Abstract

The issue of domestic violence is one of the most common violations of human rights in modern times. No nation is exempt from this issue. However, the conflict and its aftermath have only exacerbated the situation and complicated it, although domestic violence has long been a serious and widespread problem in Ukrainian society. Therefore, research and analysis of this harmful social phenomenon is necessary to successfully combat domestic violence, especially in light of martial law. The combination of statistical data collection and analysis, analysis, synthesis, induction and deduction, dialectical and analytical approaches, abstraction, and generalization formed the basis of the methodology of the research. This study aims to analyze the current situation and statistics surrounding domestic violence in Ukraine during the period of war, to discuss the problem of preventing domestic violence under martial law, and to give recommendations for strengthening the laws governing this area.
Zakat and Empowerment of the Bajo Tribe Fishing Community in Bone, South Sulawesi: Collaboration between BAZNAS and the Ministry of Religion Husain, Hukmiah; Said, Wardana; Darwis, Muh.; Arafah, Muh.; Hasan, Hamsah
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.v7i2.24961

Abstract

The Bajo tribe is a traditional fishing community in Bone Regency, South Sulawesi, which faces the challenge of persistent poverty in various aspects. The National Zakat Amil Agency (BAZNAS) in collaboration with the Ministry of Religion has taken important steps to empower this community through educational values-based programs. This research aims to analyze the role of collaboration between BAZNAS and KUA in efforts to empower the coastal communities of the Bajo Tribe through the utilization of zakat. This research uses empirical legal methods using empowerment theory. Community development and empowerment aims to change community conditions for the better, in educational, economic, social, cultural and political aspects. Data was collected by means of in-depth interviews with BAZNAS, KUA, and the Bajo tribal community, while literature studies referred to relevant articles, books and research reports. The research results show that the collaboration between BAZNAS and KUA has contributed to changing the mindset of the Bajo Tribe in educating the Bajo Tribe community so that they improve spiritually, health and religious education. The challenges faced are the lack of realization of more massive program sustainability and the lack of active involvement of the community, stakeholders and the importance of realizing community empowerment through zakat environmental development in accordance with the BAZNAS RI program which is intended for community groups who experience economic, educational, health, spiritual and economic disadvantage welfare. Even though the results are not optimal, this contribution should be appreciated because it has had a significant impact on empowering the Bajo ethnic community on the Bone coast of South Sulawesi.
Moderation of Madhhabs in West Sumatra Towards Hadhanah of Minors Whose Mothers Remarry Sulfinadia, Hamda; Roszi, Jurna Petri
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.v7i2.23941

Abstract

This study examines the implementation of the fiqh madhhab of West Sumatran society regarding the hadhanah rights of minors whose mothers remarry. The study aimed to map the moderation of the West Sumatran madhhab of society, known as the Shafi'i madhhab. This research uses qualitative methods with a sociological approach to law. Seventeen cases were found in 3 research locations: Pariaman, Luhak Agam, and Luhak Fifty Cities. The location was chosen because it is an area with a higher level of moderation than other regions in West Sumatra. The location of this study was determined using a purposive random sample technique. In the people of West Sumatra, the right of hadhanah remains with the mother, even if the mother remarries. This opinion is in harmony with that of the Maliki Madhhab. The matrilineal kinship system in Minangkabau also supports this: the child belongs to the mother and her family. When the mother's father is divorced, the child follows his mother. However, in 3 cases, it was found that the father took away the rights of a minor whose mother remarried. Basically, the people of West Sumatra have practiced the moderation of mazhab. This is evident from their practice, where they indirectly practice the diversity of mazhab opinions in the case of hadhanah of minors whose mothers remarry.
The Impact of Mosque-Based Economic Activities on Local Communities: A Case Study in Sarawak Md Radzi, Mohamad Bazli; Yaacob, Salmy Edawati; Ahmad, Azlin Alisa
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.v7i2.26674

Abstract

The mosque has a comprehensive function covering the spiritual, educational, economic, and social aspects. However, the potential of mosques as centers for economic development within local communities remains underexplored and underutilized. Many mosques lack the strategic framework and resources to effectively implement economic activities that could benefit their communities. This study aimed to examine the impact of economic activities in mosques on the local community. Furthermore, this study also analyzes the implementation of economic activities through Waqf. The qualitative methodology was chosen for this study, where a selection of respondents was made by purposive sampling. Therefore, the sampling involved 20 informants, including officers from the religious Islamic department and a committee from 10 mosques throughout the Sarawak state. These have been identified as actively carrying out economic activities. The list of mosques is derived from the Sarawak Islamic Religious Department. The instruments used for this study are semi-structured interviews and content analysis, whereas the data obtained is analyzed using an atlas.ti software. The finding shows that economic activities at the mosque can be implemented and impact the community. Besides that, waqf helps the mosque enhance its economic activity. The positive impact of the economic activities carried out in the mosque undeniably improves the community's standard of living and increases the mosque’s funds. Moreover, it indirectly attracts more people to come to the mosque. 
Islamic Banking Services for Communities and Families in Aceh Province Post Closure Of Conventional Banks: A Comprehensive Review Maulana, Muhammad; Jihad, Azka Akmalia; Fildzia, Ayrin Sazwa; Ramly, Arroyyan; Shabarullah, Shabarullah
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.v7i2.26312

Abstract

Following the enactment of Qanun No. 13 of 2018 concerning Islamic Financial Institutions, some people believe that the closure of conventional banks in Aceh, without viable alternatives, has caused confusion. This is primarily because people were accustomed to using conventional banking facilities for various transactions, both at local, national, and international levels. This study aims to assess the performance of Islamic banks in Aceh after the implementation of Qanun No. 11 of 2018, which replaced conventional banks that had previously provided optimal services to the community. Specifically, the study examines the actions and strategic steps taken by Islamic banks in Aceh to meet the banking needs of the community. It also explores whether the performance and product diversification of Islamic banks have impacted customer satisfaction following the implementation of Qanun No. 11 of 2018 in Aceh. Data was collected through interviews with 23 informants. The findings suggest that while Islamic banks continue to provide services and meet community needs after the conversion, customers still face some technical obstacles, which may give the impression that Islamic banking services are not yet fully effective. However, improvements in post-conversion services appear to be aligned with the regulations set by the government.
Implementation of Harmonious Family in the Concept of Proportionality of Obligations and Rights of Husband and Wife Relations: A Perspective on the Compilation of Islamic Law Sar'an, Mohamad; Hidayatulloh, Yusuf; Gussevi, Sofia; Indrawan, Riski; Zuhri, Nur Alam Ullumuddin
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.v7i2.24662

Abstract

The breakup of marriage is a permissible act, but Allah SWT does not like such a decision. In the implementation of the sakinah mawaddah and rahmah family, it is quite difficult to carry out but it is not impossible to do. The serious problem is how when a family can no longer be harmonized again to exercise rights and obligations proportionately, and whether it must end in a divorce that is hated by God. This research focuses on husband and wife to remain harmonious when carrying out obligations and rights that benefit from the perspective of KHI. This study uses a comprehensive literature study methodology based on normative legal research presenting data and facts from the perspective of compilation of Islamic law and socio-cultural phenomena of society. KHI has an important role in a legal decision process because KHI is sourced from 13 books that are complete and in accordance with the socio-cultural nature of the Indonesian state and then with the nature of Islamic law that is flexible so that it can adapt to the dynamic development of the times. Although there are several KHI rules that need to be updated, such as the tendency towards patriarchal culture because it has been a long time when it was formed, namely 33 years, it is used as a reference by legal subjects so that it can be more up-to-date again when used in more contemporary legal cases in the future.

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