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Tuhfatul Janan
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USRAH: Jurnal Hukum Keluarga Islam
Published by Sekolah Tinggi Agama Islam Muhammadiyah Probolinggo
ISSN : 27471411     EISSN : 27471403     DOI : https://doi.org/10.46773/Usrah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning, the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute. Until now, with the fair procedure of double peer-review, Usrah continues to publish researches and studies concerned with Islamic Family Law, Gender Discourse, and Legal Drafting of Islamic Civil Law with various dimensions and approaches. Usrah, published twice a year, always places Islamic Family Law, Gender Discourse, and Islamic Civil Law in the central focus of academic inquiry and invites any comprehensive observation of Islam Family Law as a normative Islam and a system of society and Muslims as those who practice the religion with their many facets.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol. 5 No. 2 (2024): Oktober" : 11 Documents clear
Peran Ganda Mahasiswa STDI Imam Syafi’i Jember Berkeluarga Sebagai Kepala Keluarga dan Tholibul Ilmi Nur Baiti Hidayah
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1325

Abstract

Education and marriage are noble acts of worship in the sight of Allah. It is common for young people to get married after completing their undergraduate education, but there are those who get married before completing their university studies, one of the aims of which is to avoid the sin of adultery and its intermediaries. Having a dual role as head of the family and tholibul ilmi is a great combination of worship to Allah Ta'ala. This research aims to open people's minds so that they do not feel hesitant to take the level of marriage with their condition as tholibul ilmi, because in fact there is no limit to learning and marriage is not a barrier to continuing education at a higher level. This research is a qualitative study that combines field and library research methods to obtain research data. The results of this study indicate that dual role owners must be able to divide time for each role and obligation, they must also have strategies to deal with challenges and conflicts that occur, they also have an afterlife orientation as a motivation in studying religious knowledge, and the importance of religious knowledge in family life, especially in children's education. Keywords:  Dual Role; Head of the Family; Knowledge Claimant.
EKSISTENSI KELUARGA SINGLE PARENT (Analisis Keluarga Single Parent Di Desa Samirono Perspektif Struktural Fungsional) Fikri, Sariatul; Nur Fitria Primastuti; Nur Sodiq
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1253

Abstract

There is a phenomenon where one parent takes care of their child (single parent). Even though legally the parents are obliged to care for children. So how can the existence of one parent caring for their child (single parent) survive? This research examines the existence of one parent caring for their child using Talcot Parson's AGIL theory. This type of research is field research with qualitative methods. The subject and locus of this research are single parent families in Samirono Village, District. Getasan District. Semarang. Researchers used primary data through in-depth interviews with perpetrators and secondary data obtained from literature. The research results show that the adaptation function can be seen from adaptation with the family or in society, the integration function is in the form of maximum child care from single parents, and the integration function includes good time management between child care and domestic household work. Meanwhile, the function of latency is that there is no intention from single parents to live in a household with a new person because they want to focus on caring for and educating their children. Keyword: Existence, Samirono, Single parent
Eksitensi Pos Bantuan Hukum Dalam Menjamin Perlindungan Hak Perempuan Dan Anak Pasca Perceraian Studi Kasus Pengadilan Agama Makassar Klas 1 A. Andi Agung Mallongi; Muh. Alghifari; Muhammad Rizal
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1324

Abstract

This study aims to analyze the existence of Legal Aid Posts (Posbakum) at the Makassar Religious Court Class 1 A in ensuring the protection of women's and children's rights after divorce. Specifically, the study identifies the role of Posbakum in providing legal services related to women’s and children's rights such as alimony and child custody, as well as reviewing the effectiveness of Posbakum in drafting cumulative lawsuits, enabling the realization of fast, simple, and low-cost justice. This study also explores the challenges faced by Posbakum in carrying out its functions, particularly in divorce cases. The research method used is non-doctrinal (normative-empirical), where law is analyzed as an object linked to real-world conditions. This study examines legal provisions related to Posbakum and its implementation in society, with an applied research law approach, where applicable positive law is combined with the actual conditions in society. Research data sources are obtained from literature reviews, legal regulations, and direct interviews with Posbakum personnel at the Makassar Religious Court Class 1 A. The results of this discussion show that Posbakum plays a vital role in providing legal services to women and children after divorce but still faces various challenges. Some of these include limited budget, inadequate facilities, and low public awareness of the rights they can claim. The research results also indicate that other obstacles such as social stigma and low education levels affect the effectiveness of Posbakum services. Keywords: Divorce, Legal Aid Post, Makassar Religious Court Class 1 A ,Women's and Children's Rights,  
Tinjauan Yuridis terhadap Dispensasi Pernikahan Dibawah Umur dalam Perspektif Hukum Islam Indonesia Ageng Subekti
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1344

Abstract

In Indonesia, the social phenomenon of underage marriage has difficulties in enforcing the law. This is related to the application for marriage through dispensation. Underage children should be protected and their rights and obligations as children should be fulfilled. So there needs to be synergy between the government, law enforcement, and the wider community in an effort to prevent child marriage at a young age for a better future for the next generation, this study uses a normative research method, In positive Indonesian law, the minimum age limit for marriage has been regulated in Article 7 paragraph 1 of Law No. 1 of 1974 concerning amendments to Law No. 16 of 2016 but there are still many people who violate these limits so that they apply for dispensation, In Islamic law a person can marry if they are considered baligh or an adult, Islam does not prohibit someone from marrying a minor if the person has reached baligh and meets various aspects such as physical, psychological and knowledge maturity as indicators of maturity in forming a household, the impact of early marriage dispensation has positive and negative impacts such as preventing free association and the negative impacts given are domestic violence, disharmony in the household which results in divorce Keywords: Dispensation, Early Childhood Marriage, Islamic Perspective, and Review of Law
PEMBAHARUAN HUKUM KELUARGA ISLAM DALAM MENGHADAPI TANTANGAN SOSIAL KONTEMPORER PERSEPEKTIF MAQASHID SYARIAH La Harisi, Isnain; M. Wahid Abdullah
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1358

Abstract

This study examines the necessity of reforming Islamic family law in response to contemporary social challenges from the perspective of Maqashid Syariah. The rapid changes in social norms, particularly regarding gender roles, divorce, and women's rights, call for a flexible approach to Islamic law that remains rooted in the principles of justice and welfare. Maqashid Syariah, or the higher objectives of Islamic law, provide a theoretical framework that focuses on preserving religion, life, intellect, lineage, and wealth. Through qualitative research, particularly literature review and content analysis, this study identifies key areas where Islamic family law can be reformed to better address contemporary issues without compromising core Islamic values. The findings reveal that gender roles within the family should be more equitable, with greater recognition of women's roles both inside and outside the household. In the area of divorce, the law must ensure justice and protection for women and children, aligning with the objectives of Maqashid Syariah to safeguard life and lineage. Additionally, women’s rights in inheritance and financial matters should be strengthened. This study demonstrates that the principles of Maqashid Syariah offer a robust and adaptable framework for reforming Islamic family law to meet the needs of contemporary society while maintaining the integrity of Islamic teachings. Keywords: contemporary challenges, Islamic family law, legal reform,Maqashid Syariah.
Dampak Pernikahan Dini Terhadap Manajemen Keuangan Keluarga Dalam Islam Kamila, Nurul; Sunariyah, Anik; Hipni, Mohammad; Mawardi, Imam
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1363

Abstract

Early marriage is often a choice for some couples, either due to social, cultural or economic factors. However, getting married without financial readiness and adequate understanding of financial management can have a significant impact on family welfare. In Islam, family financial management must comply with sharia principles which emphasize balance, responsibility and avoidance of usury. This research aims to analyze the impact of early marriage on family financial management in Islam. The method used in this research is a qualitative method with a descriptive approach. The results of this research show that early marriage can cause unstable income, difficulty in controlling expenses and difficulty in saving. Couples who marry at a young age also tend not to carry out good financial planning and thus become trapped in debt. This is due to their young age and lack of experience and education. In the context of financial management in Islam, early marriage can lead to excessive consumption patterns and low sharia financial literacy.   Keywords: Early Marriage, Family Financial Management, Islam.
Problematika Pernikahan Dini Terhadap Kesejahteraan Ekonomi Keluarga Dalam Perspektif Ekonomi Syariah layyinah, Khoiriyatul; Sunariyah, Anik; Hipni, Mohammad; Mawardi, Imam
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1364

Abstract

Early marriage is a marriage under age, where there is no mature readiness to carry out married life. Teenagers will experience difficulties because the reason they are getting married is not because they are ready so that early marriage can occur for various reasons. Marriage is a highly valued institution, where family economic stability is one of the main goals. However, when marriage is carried out at a too young age, the couple is often not ready physically and mentally. Therefore, the aim of this research is to analyze the problems that occur in families who engage in early marriage in the community in Burneh District and their relationship to the family's economic welfare from a sharia perspective. This research was conducted using descriptive qualitative methods, the data collection techniques used were observation, interviews and documentation related to the problems of early marriage. The research results show that early marriage has a negative impact on the family's economic well-being, causing an inability to manage the family economy effectively, thereby triggering dependence on debt and a lack of long-term savings. From a sharia economic perspective, this problem is contrary to the principles of justice in the distribution of wealth and the obligation to fulfill basic needs within the family. Keywords: Early-age marriage; Economic Welfare; Family.
MEDIASI NON LITIGASI OLEH TOKOH MASYARAKAT PADA PERKARA POLIGAMI Primastuti, Nur Fitria; Roikhatul Jannah; Nur Isna Fitriani; Zunaeni; Siti Zumrotun
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1416

Abstract

This study aims to determine the effectiveness of the role of community leaders in non-litigation mediation of polygamy cases in Parakan District, Temanggung Regency. Non-litigation mediation is an alternative conflict resolution that is often faced by couples who want to practice polygamy, especially in the context of Islamic law and local socio-culture. Community leaders, including religious leaders and traditional leaders, play an important role as mediators in helping couples and families reach agreements without going through the court process. This study uses a qualitative approach with a case study method, involving observation and in-depth interviews with community leaders, couples involved, and families. The study results indicate that community leaders have a significant success in mediating polygamy cases using personal and religious approaches that are by local values. The effectiveness of this non-litigation mediation is determined by community trust in the integrity of the leader, a good understanding of legal and religious aspects, and communication skills used in conflict resolution. However, the challenges faced include differences of opinion between couples and families, as well as the limited authority of community leaders in making binding decisions. In conclusion, the role of community leaders in non-litigation mediation of polygamy cases in Parakan District has proven effective in reducing domestic conflict, although it requires further support and cooperation from various parties to ensure the sustainability and continuity of the mediation results. Keywords:  : Community Leaders, Non-Litigation Mediation,  Polygamy
EFEKTIVITAS PERLINDUNGAN HUKUM TERHADAP KORBAN PEMERKOSAAN DALAM UNDANG-UNDANG TINDAK PIDANA KEKERASAN SEKSUAL (UU TPKS) Suryantoro, Dwi Dasa
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1427

Abstract

With the enactment of the Sexual Violence Crime Law (UU TPKS) in 2022, the legal framework for addressing rape in Indonesia has undergone significant development. This legislation provides improved protection for rape victims, including victims' rights, legal safeguards, and measures for the prevention of sexual violence. The objective of this study is to evaluate the effectiveness of legal protection for rape victims under the UU TPKS. This research adopts a normative method with a conceptual and legislative approach. Secondary data, obtained indirectly through literature reviews, is used as the primary source for examining how the provisions of the UU TPKS are applied in relation to victims' rights, reporting mechanisms, and the obstacles hindering the implementation of legal protections for victims. The findings indicate that although the UU TPKS provides a robust legal foundation, its implementation faces numerous challenges, including a lack of understanding regarding victims' rights. Keywords: effectiveness, Rape, sexual violence,
ANALISIS SOSIAL-BUDAYA TERHADAP EKSISTENSI PERKAWINAN ANAK DI MASYARAKAT SUMENEP Muhammad Nafis
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1689

Abstract

Child marriage remains a social phenomenon in various regions of Indonesia, including Sumenep Regency, Madura. Despite the revision of Marriage Law No. 16 of 2019, which sets the minimum age for marriage, this practice continues to persist in several areas, including Sumenep.This study aims to analyze the persistence of child marriage traditions in Sumenep Regency by examining the underlying socio-cultural factors and their impact on adolescents' lives. This research employs a qualitative method with an ethnographic approach. Data were collected through in-depth interviews with adolescents who married at a young age, parents, traditional leaders, and local policymakers, as well as through participatory observations within the community.The findings reveal that child marriage in Sumenep Regency is driven by various factors, including strong traditions and customs within the patrilineal Madurese society. Economic conditions and low levels of education also contribute to the high prevalence of child marriage. Additionally, interpretations of religious values are often used to justify this practice.The consequences of child marriage are significant, affecting physical health, psychological well-being, and socio-economic conditions. Young girls who marry early are vulnerable to reproductive health complications, dropping out of school, and mental distress. Socio-economically, this practice reinforces the cycle of poverty and deepens gender inequality.To address this issue, interventions from the government and non-governmental organizations are essential through a holistic and contextual approach. Prevention efforts must consider local cultural values and involve collaboration between the government, traditional leaders, religious figures, and the community. Increasing access to education and economic empowerment is a crucial strategy to tackle the root causes of child marriage in Sumenep Regency. Keywords: Child marriage, patrilineal culture, health impact, poverty cycle

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