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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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Habitus and Legal Behavior in Islamic Inheritance Practice: A Socio-Legal Analysis in Rural Serang Regency, Indonesia Taqiyuddin, Hafidz; Rusli, Rusli; Adnan, Mohammad; Alif, Muhammad
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/p17zvd18

Abstract

This study investigates patterns of legal non-compliance in Islamic inheritance practices among rural Muslim communities in Petir District, Serang Regency, Indonesia, where the doctrinal authority of Farā’iḏ is often subordinated to customary logic and familial consensus. In many such settings, inheritance is distributed through informal arrangements that deviate from scriptural mandates, raising concerns about the erosion of Islamic legal norms and the role of religious figures in mediating these tensions. The research focuses on understanding the underlying drivers of this legal disobedience and analyzing how religious leaders respond to and interpret such practices within the community. Using a qualitative case study approach, the study draws on interviews and participant observation in two villages (Kubang Jaya and Kadugenep) and applies Bourdieu’s theory of habitus and Black’s theory of legal behavior to interpret the findings. The results show non-compliance is driven by strong customary expectations, gendered family roles, limited legal literacy, and practical constraints that hinder formal legal access. This study argues that these practices are not merely accidental or ignorant deviations but socially embedded responses to structural and normative dissonance. Religious leaders exhibit varied responses, ranging from strict textualism to pragmatic contextualization, often opting for ethical accommodation over legal enforcement. The study argues that inheritance’s legal disobedience reflects systemic social rationalities and negotiated religious authority. It contributes to ongoing discussions on Islamic legal pluralism by revealing how Farā’iḏ is accepted but selectively reconfigured to align with local moral economies and offers insight into strengthening legal literacy, religious guidance, and institutional responsiveness in Muslim-majority contexts.
Bibliometric Analysis of Child Protection Policy Performance in Southeast Asia Khalil, Zakki Fuad; Marzaniar, Putri; Ratnawati, Ratnawati; Zamharira, Cut; Muazzinah, Muazzinah
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/jxg51h76

Abstract

Children's issues are a matter of significant public concern, especially given their crucial role as the nation's next generation. As valuable national assets, children possess numerous rights that their countries must guarantee. This research aims to analyze child protection policies in ASEAN countries through a systematic literature review. The data synthesis process involved comparing 60 articles that met stringent quality assessment, inclusion, and exclusion criteria. The data was subsequently processed and presented in tabulated form. The results revealed various forms of violence against children prevalent in the ASEAN region, including sexual, domestic, and cyber violence, exploitation, and neglect. Furthermore, the nodality model is the most dominant child protection policy formulation model adopted by ASEAN countries, primarily focusing on law enforcement and the fulfillment of children's rights. However, existing policies are more oriented toward handling cases after children become victims rather than prioritizing preventive efforts. Most notably, while conventional policies often focus solely on children's rights post-birth, a compelling multi-area perspective emerges from Islamic teachings. These teachings comprehensively regulate child protection starting even before birth, through pre-marital guidance and pregnancy preparation, extending to the parenting stages with a strong emphasis on moral and spiritual character development, and encompassing the entire spectrum of formal and informal child education. This finding highlights a critical gap in child protection within the ASEAN region, underscoring the urgent need to strengthen preventive measures. This research is expected to contribute to the development of more comprehensive and effective child protection policies across the ASEAN region, potentially integrating these holistic Islamic principles.
Mappanre Adek and Strengthening Social Bonds in Bulukumba Community, South Sulawesi: Living Qur’an and Anthropology Perspective Basri, Halimah; Miswar, Andi; Amiruddin, Muhammad Majdy; Arsyad, Aisyah; Lahmuddin, Fakhruddin
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: 10.22373/54mkwr51

Abstract

The Mappanre adek tradition is not only a traditional identity but also a religious identity practiced by the Bugis-Makassar community in Bulukumba, South Sulawesi. This study aims to discuss the strengthening of social ties through the Mappanre adek tradition from the perspective of the living Qur'an and anthropology. The article is important because it explains how Islamic values ​​are acculturated with traditional ceremonies among the Bulukumba community, South Sulawesi. This study uses an empirical legal method analyzed with the theory of Islamic legal anthropology. Data refers to the results of interviews and literature studies. Interviews were conducted to validate data on key informants, while literature refers to journal articles, books and research fields related to the focus of the discussion. The article concludes that it shows that traditional ceremonies, in addition to functioning as a glue for society, also contribute to the sustainability of social order through the integration of the community involved in the ceremony. This traditional ceremony exemplifies an attitude of mutual respect and sharing happiness. In addition, this traditional ceremony also structures social classes that almost never change. In the context of living Qur’an and anthropology, the tradition of mappaenre adek is an implementation of the values ​​of the Quran, such as ukhuwah Islamiyah, litaarafu, mutual respect practiced by the community. Tradition as custom contains beneficial values, namely maintaining social ties and social cohesion in society. So that the values ​​of the Quran and local culture are able to create a harmonious acculturation and accommodation
Inclusive Education Policy for Children with Special Needs: A Review of Stakeholder Perceptions in Southeast Sulawesi Mu'min, Sitti Aisyah; Yulita, Nourma; Assingkily, Muhammad Shaleh; Rasmi, Rasmi; Gazali, Marlina
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/vyeks721

Abstract

Various previous studies have analyzed inclusive education policies for children with special needs. However, research that focuses on stakeholder perceptions has not been found. In Southeast Sulawesi, the implementation of inclusive education policies still faces various challenges, especially in terms of understanding and support from various stakeholders. This study aims to analyze the perceptions of stakeholders, including teachers, parents, education observers, and government officials, towards inclusive education policies for children with special needs in Southeast Sulawesi. To obtain data, a qualitative approach was used with a descriptive phenomenological study method. The research setting was at SMPN 1 Kendari, SMPN 2 Kendari, SMPN 1 Latambaga, Kolaka Regency. The selection of locations was based on pilot inclusive schools determined by the government. Data was obtained through interviews and documentation studies. Furthermore, the data were analyzed using data reduction, data display, and verification (conclusion stage). The results of the study indicate that although inclusive education policies in Southeast Sulawesi have been implemented, there are still gaps in understanding, training of educators, and the availability of adequate facilities. Stakeholders have varying views on the success of this policy, with some viewing it as a positive step, but others stating that the implementation of the policy is still limited and not fully effective. This study recommends increasing training for educators, providing more inclusive facilities, and more intensive socialization to all stakeholders so that the inclusive education policy can run optimally in Southeast Sulawesi
The Role of Teachers and Parents in The Formation of Children's Character in Schools: A Study in Southeast Sulawesi, Islamic Family Law Perspective Aminudin, Aminudin; Hasan, Hasan
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: 10.22373/6rza1y55

Abstract

Globalization poses a significant threat to the moral values of younger generations, making cultivating akhlakul karimah (noble character) among students an urgent priority. The synergy between character education conducted by teachers at school and by parents at home is deemed crucial to ensure the consistent internalization of Islamic values in children. This study aims to analyze the role of teacher–parent collaboration in shaping akhlakul karimah among students at Al-Wahdah Integrated Islamic Elementary School in Bombana, Southeast Sulawesi from the perspective of Islamic Family Law. A qualitative research method with a case study approach was employed, involving in-depth interviews with teachers, parents, and school administrators, participatory observation of the learning environment, and document analysis of school policies and Islamic family law literature. Data were analyzed descriptively and thematically to identify collaborative patterns in character education. The findings indicate that the moral quality of students is strongly influenced by family-based nurturing, underscoring the importance of teacher-parent collaboration to tailor character-building efforts to each student’s unique needs. This partnership effectively comprehensively reinforces students’ moral development—encompassing spiritual, social, and environmental dimensions—resulting in positive behavioral changes. From the perspective of Islamic Family Law, this synergy represents a shared responsibility between parents as primary educators and teachers as formal educators to foster a generation with noble character. These results align with Islamic educational theory, which posits that effective moral education requires the harmonious involvement of the family, school, and broader community
Revitalization of Kalosara Value as a Model of Conflict Resolution Based on Local Wisdom in Tolaki Wolasi Community Ikhsan, Muh; Alifuddin, Muh; Sabri, Muhammad; Sodiman, Sodiman; Danial, Danial
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/bp04wr46

Abstract

The ideological conflict that occurred between the Aoma and Ambesakoa communities can be managed creatively and wisely through Kalosara (a symbol of Tolaki customs that emphasizes unity). This is based on efforts to respect each other and maintain harmony based on Tolaki awareness, a culture rooted in the Kalosara concept. Previous research has widely reviewed Kalosara as a symbol of Tolaki customs. However, an in-depth study of its role as a step to resolve conflicts based on local wisdom has not been updated, so this study aims to analyze the revitalization of Kalosara values as a model for conflict resolution. The setting of this research is in Wolasi, South Konawe Regency, involving various informants including the South Konawe Regency government, the South Konawe Regency Ministry of Religion, customary observers, and the local community. The Participatory Action Research method was used to examine data in a participatory manner by researchers. The results of this study found that Kalosara is a conflict resolution model based on the local wisdom of the Wolasi community, Tolaki Tribe, which paves the way for consensus in the form of socio-cultural integration in society in a segregated atmosphere, with the value of medulu mepoko'aso (unity and oneness), ate pute penao moroha (sanctity and justice), and morini mbu'umbundi monapa mbu'u ndawaro (prosperity and welfare). Through this study, implications for conflict resolution based on local wisdom were obtained, including the stages of presenting Kalosara (a sacred symbol of peace), an oath or joint statement about the promise of peace, an attitude of accepting customary decisions, and reconciliation or parties in conflict.
The Paradigm of Water Justice in Water Resources Law and the Role of Family in the Sustainable Development Goals Framework: A Study in Malang Raya Jundiani, Jundiani; Fadli, Moh; Dwi Qurbani, Indah; Kurniaty, Rika; Zuhriah, Erfaniah
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: 10.22373/06zthp22

Abstract

The paradigm of water justice in water resources law is crucial in realizing fair and sustainable access for the community. This study highlights the problems of inequality in water distribution due to privatization and the implementation of policies that have not fully supported vulnerable communities. This study focuses on the regulation of water resources law in Indonesia, especially Law No. 17 of 2019, and the contribution of families in supporting the principle of water justice within the framework of the Sustainable Development Goals (SDGs). The main questions answered in this study include how current regulations regulate water distribution and access, how effective they are in implementation in Malang Raya, and the role of families in supporting sustainable water management. This type of research is empirical juridical with a sociological juridical approach and an empirical legal approach. Data were obtained through legal document studies, interviews with stakeholders, and direct observation of water consumption and management patterns in local communities. The results show that although national regulations have established water as a public right, its implementation still faces challenges, including an imbalance of access between urban and rural areas, industrial dominance in the use of water resources, and weak community participation in policy processes. The study also found that families have a strategic role to play in educating household members about water conservation and driving more inclusive local policies. This study recommends increasing the role of families in water management policies through community-based environmental education and awareness programs, as well as strengthening regulations to ensure a more equitable distribution of water. Thus, the implementation of the principle of water justice in water resources law can be more effective in supporting the achievement of SDG 6.
Penal Sanctions for Psychological Domestic Violence under Utilitarianism Theory: A New Sentencing Paradigm in the 2023 Indonesian Criminal Code Nasyi'ah, Iffaty; Saifullah, Saifullah; Hidayah, Khoirul; Roibin, Roibin; Adityo, Rayno Dwi
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: 10.22373/3km2wr98

Abstract

Article 45 of the Law on the Elimination of Domestic Violence (UU PKDRT) regulates the penal sanctions for the criminal act of psychological violence, stipulating a maximum imprisonment of four months for minor offenses and up to three years for serious offenses. However, custodial sentences are deemed less effective, as they do not fully provide benefits to the parties involved, namely the victim, the perpetrator, the household, and society at large. Meanwhile, the 2023 Indonesian Criminal Code (KUHP 2023) introduces a new paradigm of sentencing that emphasizes restorative and rehabilitative justice, shifting from a solely punitive orientation to one that also considers victim recovery and offender rehabilitation. This study aims to analyze the implementation of the sentencing system under KUHP 2023 through the lens of Jeremy Bentham’s utilitarianism theory. The research employs a normative juridical method, utilizing statutory, conceptual, and case-based approaches. Primary legal materials include the UU PKDRT and KUHP 2023, while the conceptual framework is grounded in Bentham's utilitarianism. As tertiary support, interviews were conducted with three judges from the court of first instance. The findings indicate that alternative sanctions such as rehabilitation, probation, or community service are more effective in preventing recidivism and promoting social balance. The role of judges is pivotal in applying more proportionate sentencing, including through the mechanism of rechterlijk pardon (judicial pardon) in certain cases that meet legal and humanitarian considerations. Through this approach, the new sentencing system is expected to be more justice-oriented, to provide better protection for victims, and to serve as a more effective means of preventing psychological violence in domestic settings
Coastal Conservation in Fishing Communities of Malang: Transforming Qur'anic Ecological Values through a Cultural Anthropology Perspective Anam, Khoirul; Nasrulloh, Nasrulloh; Kadir, Abdul; Istiqomah, Nurul
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/y9dwxw10

Abstract

Coastal regions hold strategic importance, particularly for fishing communities, due to their ecological, economic, and socio-cultural significance. In the coastal areas of Malang, these zones serve as the foundation of local livelihoods. However, unsustainable exploitation, environmental degradation, coastal abrasion, and the impacts of climate change have severely threatened the ecological sustainability of these areas. This study aims to examine the transformation of Qur’anic ecological values and the cultural anthropology of Malang's coastal communities in efforts to conserve the coastal environment. Employing a qualitative ethnographic method and an interdisciplinary framework that incorporates ecology, cultural anthropology, and interpretations of relevant Qur’anic verses, the research gathers data through in-depth interviews with community leaders, fishermen, religious figures, and textual analysis. The findings indicate that environmental conservation can be more effectively pursued through an integrated approach that merges Qur’anic principles, ecological awareness, and anthropological insights. Qur’anic ecological concepts—such as khilāfah (stewardship), tawāzun (balance), and fasād (corruption or degradation)—foster a heightened awareness of human responsibility toward environmental stewardship. Simultaneously, from an anthropological perspective, human-environment relationships are expressed through symbolic acts of reverence, such as sea and earth offerings. Thus, the integration of Qur’anic and anthropological values offers a comprehensive and culturally resonant framework for ecological preservation, contributing to sustainable community development.
The Essence of Mursyid Teachers in Sufism Spiritual Education in the Framework of Maqāṣid al-Syarī'ah: The Perspectives of Indonesian Scholars Akmansyah, Muhammad; Nurnazli, Nurnazli; Mujahid, Amin; Khedr, Tamer Saad Ibrahim
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: 10.22373/6m127a63

Abstract

Sufism spiritual education faces challenges in combining traditional values with modern dynamics, especially in the context of multicultural Indonesia. This study aims to analyze the role, competence, and guidance strategies of mursyid teachers within the framework of maqāṣid al-syarī'ah to bridge the gap between the practice of Sufism and the goals of Islamic syarī’ah. This qualitative research uses a thematic analysis of transcripts from Indonesian scholars' lectures on YouTube, which were selected based on their credibility and relevance to the theme. The data were strengthened by triangulation of classical Sufism texts and consultation with experts. The analysis was carried out through thematic coding to identify patterns related to the role, competence, and guidance strategies of mursyid teachers, then contextualized with the framework of maqāṣid al-syarī'ah. The findings show that mursyid teachers play a crucial role in maintaining spiritual integrity (ḥifẓ al-nafs) and doctrinal adherence (ḥifẓ al-dīn). The core competencies include mastery of syarī’ah, taẓkiyah al-nafs skills, and legitimacy through ijāzah. Adaptive guidance strategies, such as a personal approach and dhikr discipline, have proven to be effective in aligning the practice of Sufism with maqāṣid al-syarī'ah. This study affirms the importance of integrating the framework of maqāṣid al-syarī’ah in the training of mursyid teachers to strengthen the pedagogical effectiveness and ethics of guidance. The implications include recommendations for the development of maqāṣid-based curriculum and capacity building for mursyid in the face of multicultural challenges. This research contributes to the revitalization of Sufism education that is relevant to the needs of the modern era.

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