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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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Integrating Islamic Economic Principles into Green Campus Implementation: Empirical Evidence from Indonesia Universities Eliza, Any; Rifan, Dinda Fali; Ningsih, Nur Wahyu; Susanto, Is
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/4a9y5n69

Abstract

This study aims to describe the implementation of green campus initiatives at universities in Indonesia, with particular emphasis on how islamic economic principles can further support environmental sustainability. Using the national level UI GreenMetric World University Rankings in the category of Most Sustainable University, three universities were selected as researh samples. This field research employed interviews and documentation from sustainability reports and official university websites. The implementation of the green campus was measured using four key instruments: Environmental Awareness, Environmental Involvement, Environmental Reporting, and Environmental Auditing. The findings indicate that all three universities have implemented the stages of environmental awareness, involvement, and reporting, but have not fully implemented environmental auditing. Participation in the UI GreenMetric reflects increasing awareness of sustainability issues among universities and their surrounding communities. Notably, University X demonstrated the highest level of implementation across the four green campus indicators. Futhermore, islamic economic principles such as moderation (wasatiyyah), stewardship (khalifah), and social responsibility (maslahah) offer an ethical and moral foundation to strengthen sustainability efforts in islamic universities. These principles promote the responsible use of resources, discourage wastefulness (israf), and encourage equity in resource management. Legitimacy theory supports the notion that organizations must align with societal and environmental value systems, as greater responsibility towards the environment enhances their reputation and public trust. Therefore, integrating islamic economic values into green campus initiatives not only aligns with global sustainability practices but also positions universities as ethical leaders in promoting environmental consciousness
The Influence of Professional Competencies on Sulh Officers' Performance in Managing Mediation Sessions: Analysis of Skills, Knowledge and Personality Trait Hajar Ismail, Siti; Abdul Manap, Norhoneydayatie; Md Nasir, Nor Ashikin
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): 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/hvvxq668

Abstract

Competence is an important attribute for sulh officers in facilitating successful mediation sessions. The failure of such sessions is often linked to a lack of competence among officers, highlighting the need to identify and understand the specific competencies required. This study aims to analyze the essential competencies that sulh officers must possess to effectively conduct mediation. Employing a qualitative research design, data were collected through semi-structured interviews with active sulh officers and analyzed thematically. The findings reveal that facilitation skills, particularly proficiency in language use and body language are fundamental to the success of the sulh process. Additionally, knowledge on legal frameworks and Islamic legislation is also crucial. In addition, personal attributes such as patience, impartiality, and gentleness also play a significant role in mediation effectiveness. On the other point of view, marital status and academic qualifications were found to have no impact on mediation outcomes. The study also underscores the importance of continuous professional development through courses, seminars, and workshops to enhance the competencies of sulh officers. These insights can inform training programs and policy development aimed at strengthening the sulh mechanism
Evolving Technology on Muslim Family: Conflicts and Solutions Muhd Adnan, Nurul Izwah; Muhd Adnan, Hafizuddin; Muhd Adnan, Nurul Ilyana
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): 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/b9mrbq46

Abstract

Nowadays, information and communication technology (ICT) is being used in completing daily tasks of Muslims family. The tasks are including education, management services, banking, and more. The rapid developing of the technology such as gadgets, online services affected the families that lead to dilemma for society. There are positive and negative impacts of the ICT. Even though there are advantages, there are also conflicts and shortcomings that affected our religious beliefs and ethics. Therefore, this paper will discuss this issue and suggest solutions from the Islamic perspective and alternative solutions. As a result, this paper suggests that Muslims should utilize ICT wisely, intelligently and with integrity, guided by Shariah.
The Ijtihad of Female Judges in Aceh’s Sharia Courts: Disparity in Sentencing for Child Sexual Abuse Fauziati, Fauziati; Abbas, Syahrizal; Devy, Soraya; Husnul, Muhammad; Suarni, Suarni
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): 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/zr002d09

Abstract

This study examines the ijtihad (independent reasoning) undertaken by female judges in the Sharia Court when imposing sentences on perpetrators of child sexual abuse. It highlights the variations in the judges’ verdicts, which include punishments such as caning and imprisonment, as well as sentences that differ—either higher or lower—from the demands of the Public Prosecutor. This study utilized an empirical juridical method, combining statutory analysis with the maqashid al-sharia (objectives of Islamic law) approach. Data were gathered through interviews with female judges and a review of judicial decisions, journal articles, books, research reports, and legal regulations. The findings reveal that female judges’ ijtihad in sentencing child sexual abusers has been driven by trial evidence and the best interests of the child. The judges typically approve of imprisonment as a means of limiting contact between the perpetrator and the victim, in order to safeguard the child from further trauma. Within the framework of maqashid al-sharia, the verdicts of these female judges have been in line with the principles of protecting the interests and security of the child, as the main objective of Islamic law.  This study suggests that courts review the caning rules in the Qanun Jinayat and consistently prioritize the child’s best interests while imposing penalties.
The Transformation of Sharia Values through Gurēe Communication in Shaping the Character of Santri at Dayah MUDI Masjid Raya Samalanga Abrar Azizi, Muhammad; Abdul Kadir, Muntasir; Abdullah, Amiruddin; Arahman, Zulfikar; Ibrahim, Munawir
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/3g9r1113

Abstract

The transformation of sharia values through faith-based education plays a crucial role in shaping the character of the younger generation. Dayah, as a traditional Islamic educational institution, has a significant role in internalizing these values through the communication between gurēe and students. This study aims to identify the role of interpersonal communication by gurēe in shaping the Islamic character of students at Dayah MUDI Masjid Raya Samalanga. The research employs a qualitative approach with a case study design. Data were collected through in-depth interviews with gurēe and students, direct observations of daily activities, and document analysis, including curriculum and teaching materials. Thematic analysis was used to identify key patterns in gurēe communication supporting the transformation of sharia values. The findings reveal that interpersonal communication by gurēe plays a central role in transforming sharia values. This process involves not only formal teaching but also personal approaches, open dialogues, and exemplary behavior by gurēe. This approach creates a supportive educational environment where students feel encouraged to internalize sharia values into their attitudes and behaviors. This study contributes to the Islamic education literature by emphasizing the importance of interpersonal communication as an effective strategy for building a sharia-based character in the younger generation.
The Legal Status and Juridical Authority of the Hakam in the Islamic Law: An Analysis of Syiqaq Cases in the Exegesis of Fakhruddin al-Razi Ishak, Sufriadi; Nidal, Ahmad; umar, Fazlon; Abubakar, Alauddin; Nusir, Firman
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/9dvdmw79

Abstract

Household conflict (syiqaq) is a recurrent phenomenon with the potential to culminate in divorce, producing adverse consequences for spouses, children, and the broader social environment. Addressing syiqaq with fairness and wisdom is therefore an urgent necessity, particularly by recognizing the role of the hakam (mediator) as prescribed in Islamic teachings. This study examines the concept, legal status, qualifications, authority, and procedural role of the hakam as outlined in Fakhruddin al-Razi’s exegesis (Tafsir al-Razi). Employing a textual and content analysis methodology within a thematic (maudhu‘i) interpretative framework, the research analyzes relevant Qur'anic verses and al-Razi’s commentary concerning hakam in the context of syiqaq. Al-Razi underscores the hakam as a just mediator, typically drawn from among pious individuals or members of the disputing families. Two primary perspectives on the hakam's authority are identified: (1) possessing full decisional authority, and (2) serving solely as a non-binding intermediary. The mediation process involves structured dialogue, mutual consultation, and efforts to arrive at an optimal resolution, whether through reconciliation or separation. The hakam model remains pertinent in contemporary settings, provided it is adapted in accordance with the principles of justice and equity. Collaboration between state institutions and community actors is essential to enhancing the effectiveness of mediation practices and mitigating the incidence of divorce. Accordingly, mediation via the hakam represents a balanced and equitable approach to resolving familial disputes, safeguarding the integrity of the family unit as a foundational element of society.
The Urgency of the Islamic Law and Contemporary Societal Challenges: The Flexibility of al-Maslahah in Determining the Hierarchy of Maqāṣid al-Sharīʿah Mubarrak, Zahrul; Abu Bakar, Imran; Hamdani, Muslem; Musrizal, Musrizal; Khalilullah, Khalilullah
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): 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/pxydd884

Abstract

This study explores the elasticity of the concept of al-maslahah in determining the hierarchy of maqāṣid al-sharīʿah, a critical issue in the development of contemporary Islamic legal thought. The central research question addresses how al-maslahah, as a foundational legal principle, can guide the prioritization within the maqāṣid framework and how its flexibility influences the formulation of the Islamic law in the modern era. This study positions al-maslahah as a key element in the methodology of legal istinbāṭ, facilitating the classification of legal objectives into three primary categories: ḍarūriyyāt (necessities), ḥājiyyāt (needs), and taḥsīniyyāt (embellishments). Employing a normative legal method and a maslahah-based approach, the research conducts a comparative analysis of classical and contemporary scholarly perspectives. The data is drawn from core Islamic legal sources the Qur’an, Hadith, and scholarly writings both supporting and critiquing the concept sourced from authoritative books and peer-reviewed journal articles. The findings reveal that while some variation exists in the formulation of the maqāṣid hierarchy, the majority of scholars continue to adhere to the classical structure established by Imam al-Ghazālī, encompassing five essential protections: religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). However, contemporary scholars such as Jasser Auda and Ali Jumʿah advocate for a more dynamic and contextualized interpretation of this hierarchy to better address present-day challenges. This study underscores that the elasticity of al-maslahah plays a vital role in preserving the relevance of maqāṣid al-sharīʿah, while also stressing the need for clear boundaries to prevent the erosion of sharia’s core principles. In this context, the research affirms the critical role of Islamic law in responding to contemporary societal challenges.
Implementation of Polygamy Law According to the Perspective of Islamic Law and Human Rights: Case Study in Bireuen Regency M Nur, Abdullah; Bardan, Fadhilah; Razali, Ruslan; Abdurrauf, Mursal; Sulaiman, Mursalin
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): 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/bh01st31

Abstract

Polygamy is a practice permitted under Islamic law with certain conditions, but it often reaps controversy in the context of human rights (HAM). This article examines the implementation of polygamy law in Bireuen Regency, Aceh, by examining the applicable sharia regulations and how their implementation is in line with or contrary to human rights principles. This study uses a descriptive qualitative method with a case study approach. Data were obtained through interviews, documentation, and literature studies. The results of the study show that although polygamy is strictly regulated by sharia law and local government regulations, in practice there are still various violations of women's rights, such as lack of consent from the first wife and minimal protection of justice in the household.
Resolving Inheritance Conflicts and Their Legal Repercussions in Aceh: A Sociological and Anthropological Look at Peace Initiatives Using Customary Courts M. Amin, Sayuthi; Hakim, Lukman; Hasballah, Khairuddin; Khairani, Khairani; Mustaqiem, Riza Afrian
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): 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/akx7xp17

Abstract

The division of inheritance is a legal matter that intersects significantly with local customs and cultural practices. Within the field of legal studies, dispute resolution is generally categorized into two pathways: litigation (formal legal processes) and non-litigation (customary deliberation). Non-litigation methods include Alternative Dispute Resolution (ADR) and customary courts, the latter being a distinctive feature of Aceh's legal landscape, recognized as a special domain of customary law by the Indonesian government. Each approach to resolving inheritance disputes, whether through formal or customary channels, presents its own advantages and drawbacks. This article examines the resolution of inheritance disputes and the legal consequences arising from the application of customary justice mechanisms in Aceh. The research adopts an empirical legal methodology, incorporating sociological and anthropological perspectives. Fieldwork was conducted in Aceh Besar, Central Aceh, and Aceh Tamiang districts, utilizing interviews and literature reviews for data collection. The findings reveal that inheritance division in local tradition follows the concept of trok uroe, with distribution being the responsibility of the heirs. Inheritance disputes in Aceh are predominantly resolved through non-litigation avenues, specifically through customary institutions operating within the gampong and mukim customary courts. The resulting legal implications are primarily non-litigation impacts, including both primary and secondary social effects, though these are not overwhelmingly dominant. Litigation-based legal consequences, while present, are minimal in influence. From a sociological and anthropological standpoint, the preference for non-litigation approaches contributes positively to social cohesion and cultural preservation within the Acehnese society.
Reconstruction of the Concept of Nusyūz in Islamic Law: Perspectives of Religious Figures in Ternate, Indonesia Alimuddin, Harwis; Djalal, Marini Abdul; Abbas, Abdul Haris; Syatar, Abdul; Haq, Islamul
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/07a9hd02

Abstract

This research aims to examine and reconstruct the concept of nusyūz and the phrase idribūhunna as found in Surah Al-Nisa (4:34), with particular focus on how these concepts are perceived by religious leaders in Ternate City. The purpose of the study is to offer a more humanistic and contextually relevant interpretation of nusyūz that aligns with the dynamics of modern family life. Methodologically, this study adopts a qualitative approach, combining library research with fieldwork. The library research explores classical Islamic jurisprudence (fiqh) and Qur’anic exegesis (tafsir) related to nusyūz, while the fieldwork involves interviews with community and religious leaders in Ternate City. The data were analyzed using three theoretical frameworks: fiqh al-wāqi‘ (contextual jurisprudence), the theory of ‘urf (custom), and linguistic theory (ma‘nā al-ḥaml). The findings reveal that the interpretations held by many religious leaders continue to be shaped by patriarchal norms, leading to a rigid and gender-biased understanding of nusyūz. This study contributes originality by offering a linguistic and contextual reconstruction of the term, presenting nusyūz as a concept that encompasses broader relational disharmony rather than focusing solely on female disobedience. The implications of this research support the development of a more egalitarian and compassionate Islamic legal framework, particularly in addressing family issues in contemporary Muslim societies.

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