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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
 17   18   19   20   21 
Inheritance Rights of Nasabiyyah Children Born Out of Wedlock According to Islamic Family Law Maulana, Anas; Akbar, Zainuri; Habibie, Ramadhani Alfin; Norhadi, Muhammad; Hasuna, Kamal
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.v7i2.25072

Abstract

The inheritance rights  of nasabiyyah  children outside of marriage, religion or the state will not get inheritance because the status of the child  follows his mother, not his father. The serious problem is how to maintain the rights that should be obtained by children born out of wedlock, and whether the development of science and technology is ignored, even though in the rules of a change in a law is dependent on the time, place, and context of the problem. This study uses a comprehensive juridical law method that is comparatively analyzed to present data and facts from the perspective of positive law and Islamic law as well as the role of technology and science. The data is sourced from articles, books, legal rules and other juridical sources. This study concludes that in positive law, especially civil law of inheritance, the status of the child's inheritance rights outside of marriage can be recognized as long as the biological father recognizes the child's destiny as his destiny. As for Islamic civil law, there is no legal leniency for children outside of marriage, if the child is born without a clear status from both parents, then the child follows his mother and not his father. Islam has flexible laws that can adapt to the existing context. From the point of view of Islamic law, there are several ways to determine nasab, one of which is the qiyafah technique. The technique can be qiyas-kan with the reading of the nasab through a DNA test because it has almost the same legal 'illat. With the advancement of technology and the development of science, the method of determining the nasab can also be developed. 
The Phenomenon of The Establishment of Baharu Pondoks By Young Ulama As Well As Relationship With The Welfare of The Kelantan Islamic Community and Family Daud, Mahyudin Bin; Mohamad Salleh, Muhamad Nasir
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.v7i2.26255

Abstract

Kelantan is known as the Serambi Mekah (Veranda of Mecca) due to the many Islamic scholars from the state who studied in Mecca and returned home to establish pondok (traditional Islamic schools). The late 1800s and early 1900s marked a golden age for these educational centers, with over 100 pondoks operating in the state. However, the number began to decline in the mid-20th century for various reasons. Yet, in the early 2000s, Kelantan witnessed the emergence of many new pondoks, with participation reaching 70 during the 2022 gathering of Kelantan pondoks at Pondok Batu Hitam, Pasir Puteh. This phenomenon indicates a significant increase in the establishment of pondoks in Kelantan. Surprisingly, many of these were founded by young scholars who graduated from various Islamic educational institutions worldwide. This article presents a study on the initiatives of these young scholars in establishing pondoks in Kelantan, exploring various aspects and their relationship with religious well-being in the community and families. The study employs a literature review to gather facts about the history and development of pondoks in Kelantan up to the present, as well as field research where the researcher interviewed some of the involved young scholars to obtain data on this phenomenon, alongside elder scholars for their perspectives on the issue. The researcher also consulted the Royal Malaysia Police and the Kelantan Islamic Religious and Customs Council (MAIK) to gather data regarding the religious well-being of the Islamic community and families following the establishment of these educational centers. The findings indicate that the rapid establishment of pondoks is a noble effort by young scholars to propagate Islam in Kelantan by offering alternative education to the Islamic community and families, preparing students for more advanced studies in Islamic institutions worldwide. However, this growth requires oversight from religious authorities and the Kelantan pondok associations to ensure they operate according to traditional pondok systems. The study also received positive feedback from MAIK and the Royal Malaysia Police, indicating that the initiatives of young scholars in establishing new pondoks do not disrupt the religious well-being of the Islamic community and families in Kelantan; rather, they strengthen community unity and instill high values among students according to the teachings of Ahli al-Sunnah wa al-Jamaah in terms of belief, sharia, and ethics.
The Normative Basis of Islamic Astronomy For The Transformation of Prayer Schedules To Digital And Its Accuracy Rojak, Encep Abdul; Fawzi, Ramdan
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.v7i2.22097

Abstract

The provisions for prayer times have been determined based on the instructions contained in the Qur'an and Sunnah. The Prophet gave an example of starting a prayer time based on the shadow of an object perpendicular to the sun's position relative to the earth. For example, the midday prayer is set when the sun is at its culmination. This shows that the determination of the start of the prayer time is based on the observation of the sun which must be in a certain position for each prayer time. These provisions are transformed into a set of mathematical formulas based on ongoing astronomical observations. In subsequent developments, this prayer schedule will not only be in hard copy form but also in the form of a website and Android application. Several Android applications display the starting schedule for prayers in a place that is different from the others. Every android application that displays prayer times should refer to the initial provisions of the times stipulated in the Shari'a and Fiqh, not limited to mere calculations, nor is there an API which is a common reference for program developers. There needs to be a unified standard calculation system for the android application for prayer times. It is also necessary to make a standard API and Indonesian standards in accordance with the fiqh provisions for the start of prayer times set in Indonesia.
Birrul Walidain in Political Preferences: Harmonizing Family Values and Employment Law in Indonesia Ahyani, Hisam; Putra, Haris Maiza; Sofanudin, Aji
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.v7i2.22982

Abstract

This study examines the interaction between political preferences and the concept of birrul walidain (the obligation to respect parents) in Indonesia, highlighting its significant impact on individual behavior and familfy dynamics. Using a qualitative approach and literature review, the research reveals that harmonious parent-child relationships positively correlate with career success and political alignment, while differing political beliefs can create familial conflicts affecting overall well-being. The findings underscore the importance of integrating Birrul Walidain principles into workplace policies to support family responsibilities. Furthermore, the study emphasizes Al-Ghazali's concept of maslahah, advocating for the preservation of religious and familial values alongside personal aspirations. By introducing a novel perspective that connects traditional Islamic values with modern employment law, this research aims to inform legal frameworks and workplace practices. Ultimately, the study concludes that the interplay between political preferences and Birrul Walidain offers valuable insights for enhancing employment law and promoting a society that respects both individual rights and family obligations, calling for further research into specific legal reforms aligned with these principles.
The Importance of Applied Behavior Analysis (ABA) Therapy in Nurturing Children with Autism Spectrum Disorder (ASD) According to Maqāṣid al-Sharī’ah Zainal Abidin, Raihana; Alias, Muhammad Nazir; Wakhidah, Nur
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.v7i2.26607

Abstract

This study evaluates applied behavior analysis (ABA) therapy for individuals with autism spectrum disorder (ASD) from the perspective of maqasid syariah, addressing the lack of research in this area. The research questions focus on how ABA therapy aligns with the principles of Maqāṣid al-Sharī’ah in ASD treatment. This qualitative study collected data from journal articles, reference books, and authoritative internet sources, which were thematically analyzed using an inductive approach. The findings indicate that ABA therapy plays a crucial role in helping individuals with ASD achieve the objectives of Maqāṣid al-Sharī’ah, including the preservation of religion, life, intellect, lineage/dignity, and property. ABA therapy was found to be effective in enhancing the ability of individuals with ASD to understand and practice religious teachings, reducing harmful behaviors, obtaining proper nutrition, improving cognitive function and mental health, addressing problematic sexual behaviors, and increasing work capacity and independence.
Community, Family and Animal Conservation Sustainability in the Perspective of Normative Law and Maqasid Sharia Syaikhu, Syaikhu; Pelu, Ibnu Elmi A.S.; Badarulzaman, Muhammad Hafiz; Ihsan, Reza Noor; Patrajaya, Rafik
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.v7i2.25085

Abstract

Animal conservation aims to preserve and breed animals to achieve the benefits of a sustainable natural ecosystemincluding community and family. One of the efforts made by the government to provide information and knowledge to the public in an attempt to minimize wildlife hunting is through the legal protection of animals, as stated in Law Number 5 of 1990 concerning the Conservation of Biological Resources and Their Ecosystems, and Government Regulation Number 13 of 1994 concerning the Hunting of Game Animals. The research method used is juridical-normative with a legislative and socio-legal approach. Then, it is linked to the policy of animal conservation, which is examined from the Maqasid Shariah perspective. The research results provided recommendations to the government in creating legislation or decision policies oriented to animals that are not yet rare. These recommendations include educating the public about rare and non-rare animal species, setting educational targets, supporting conservation efforts, and establishing animal breeding programs. Furthermore, from the perspective of Maqasid Sharia, the conservation of these animals falls under the category of daruriyah, which means that the preservation and protection of wildlife are essential for the sustainability and keeping of the Hifz al-Mal element (natural ecosystem wealth).
The Perspectives of Legal Practitioners on the Concept and Categories of Third Parties in the Household under Islamic Family Law in Malaysia Ismail, Nurbazla; Mohamad, Abdul Basir
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.v7i2.26652

Abstract

Islamic Family Law in Malaysia provides an interpretation for divorce including punishment for factors that cause divorce, especially for certain groups. However, the factor discussed in this study is the involvement of a third party in the household. Questions arise regarding the term ‘third party in the household’ and how to categorise this third party. Therefore, this study aims to clarify the definition and categorisation of the third party in the household. This study uses a qualitative approach that collects data using document analysis methods and semi-structured interviews taken in three Syariah Courts located in the states of Selangor, Kelantan, and Terengganu. The results of the study are analysed using descriptive and thematic methods. Based on the interview findings, this study reveals that there is no specific interpretation of the term ‘third party in the household.’ A third party in a household is defined by the role they play in association with the household. As for the categorisation of the third party, two categories are identified: parents/in-laws/siblings and society/strangers/outsiders. This study provides significant implications to legal practitioners and researchers regarding the term ‘third party in the household’ that can be used to uphold justice in cases involving divorce.
Family Influence on Female’s Blood Education in the Context of Islamic Practice in Malaysia Tengku Kasim, Tengku Sarina Aini Binti; Yaakob, Siti Falihah Binti; Mohd Razif, Nor Fahimah Binti
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.v7i2.26252

Abstract

Family is the first and foremost institution in the formation of an individual’s values, morals, and personality laying the foundation for societal harmony. A well-functioning family is capable of fostering a balanced and competitive society. In Islamic education, one crucial aspect that families need to emphasize is the education concerning women’s blood, encompassing topics such as menstruation, postpartum bleeding (nifas), irregular bleeding (istihadhah), and the related rulings. However, within the context of the Malaysian Muslim community, this topic is often underemphasized due to traditional perceptions that deem it unsuitable for open discussion. The lack of clear information has led to difficulties among young women in understanding the rulings related to women’s blood, potentially affecting the validity of their religious practices. This study investigates the extent to which Muslim families in Malaysia play a role in educating about women’s blood and examines how the lack of such education influences Islamic practices among Muslim women. Adopting a qualitative approach, the study employs semi-structured interviews and document analysis to explore family perspectives and experiences in conveying this knowledge. Findings indicate that families play a pivotal role in shaping attitudes, knowledge, and awareness among children, contributing to a deeper understanding of women’s blood-related topics. Abdullah Nasih Ulwan emphasized that parents are responsible for teaching their children the rulings of maturity, including those on menstruation and its associated laws.These findings suggest that integrated education on women’s blood should be prioritized within families and Islamic educational institutions to enhance family knowledge and well-being. The study also provides significant implications for policymakers and educators in designing more inclusive programs aligned with current religious and social needs.
Mappatammaq Mangaji in Mandar, West Sulawesi: Childrearing Patterns Based on the Qur'an in the Anthropological Perspective of Islamic Law Nurdin, Abidin; Baharuddin, Elviana; Sumardi, Dedy; L, Idrus; Mutiawati, Ida
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.v7i2.25338

Abstract

This study aims to discuss the Mappammaq Mangaji tradition in Mandar, West Sulawesi in relation to al-Quran-based child rearing patterns from an Islamic legal anthropological perspective. Mappatammaq mangaji is a tradition carried out by the community when someone is able to read the Koran fluently. This study is an empirical legal study with an anthropological approach to Islamic law as an analytical tool. Data was collected based on in-depth interviews and literature studies. This study concludes that the mappatamaq mangaji tradition carried out by the Mandar community in West Sulawesi is an acculturation of Islamic teachings and cultural values. Mappatammaq mangaji, including sayyeang pattuqduq (dancing horse), kalindaqdaq(Mandar poetry) and mabbaranji. When viewed from a legal anthropology perspective, the mappammaq mangaji tradition in Mandar society is an integration and acculturation between Islamic law and local traditions. This local tradition has become a living law and continues to be practiced in the culture of the Mandar people. So it can be said that if Islamic law is practiced in society and has become a culture, it will continue to survive today and in the future, because Islamic law has a cultural space. If it is related to the objectives of Islamic law, especially benefit, then this provides benefits, especially in the context of child rearing patterns based on the Qur’an, so that children receive care and education from parents and families based on the values of the Qur’an. 
Mitigating the Digital Age Impact: Collaborative Strategies of State and Religious Institutions for Family Harmony in Indonesia Nurjanah, Siti; Ferliadi, Agus Salim; Jafar, Wahyu Abdul; Firdaus, Wihda Yanuar; Hamamah, Fatin
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.v7i2.25754

Abstract

This research investigates the impact of information technology on family harmony in Indonesia, highlighting the increasing challenges for families characterized by rising divorce rates, domestic violence, and juvenile delinquency, exacerbated by social media, which is a form of information technology development. Through qualitative analysis using field research methods, this study reveals the urgent need for protective measures to safeguard families and children in the digital age. The results show a separate role for religious and state institutions in mitigating the impact of technological development. The research, therefore, emphasizes the importance of a collaborative role between state and religious institutions in mitigating these negative impacts by implementing comprehensive strategies that promote family education, strengthen moral values, and increase parental involvement. The findings advocate for solid policies and proactive institutional engagement to foster a supportive environment for families, ultimately aiming to cultivate a harmonious society amidst the complexities brought about by technological advancements.

Page 19 of 24 | Total Record : 231

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