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Tuhfatul Janan
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usrah.staimpro@gmail.com
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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 14 Documents
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Search results for , issue "Vol. 6 No. 1 (2025): Januari" : 14 Documents clear
WALI NON MUSLIM DALAM PERKAWINAN PERSPEKTIF MAQASHID SYARI’AH Wafda Muhammad
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

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Abstract

This article discusses the prohibition for non-Muslims to be marriage guardians in the marriage of their Muslim children, focusing on the maqasid sharia perspective. The background of this research stems from the complexity of social life in multicultural Indonesia, where there are often non-Muslim parents who have Muslim children. The research aims to review the law on non-Muslim marriage guardians and its implications for the welfare and harmony of Muslim families. The method used is normative research with a qualitative approach, collecting data from the fiqh literature of the four madhhabs as well as studies of marriage phenomena. The findings show that this prohibition is based on the consensus of scholars and aims to maintain the integrity of the Islamic religion, avoid conflict, and ensure appropriate moral guidance in marriage, which is the maqasid sharia of prohibiting non-Muslims from becoming marriage guardians of Muslim daughters. In conclusion, the prohibition of non-Muslims as marriage guardians is not just a legal rule, but has a purpose behind it, namely a strategic step to protect the identity and honour of the Muslim community in the midst of social diversity, which is hifdzu al-diin in maqasid sharia. Keywords: Non-Muslim Guardian; Marriage; Maqasid Syariah
TINJAUAN HUKUM TERHADAP KEBIJAKAN DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA Musa Darwin Pane; Rahim, Alvina
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1639

Abstract

The policy of diversion in the juvenile criminal justice system is a step forward in criminal law that aims to shift the resolution of children's cases from the formal judicial path to a restorative approach. This policy is based on the principle of the best protection for children and children's rights as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study aims to analyse the legal basis, implementation, and challenges faced in the application of diversion in Indonesia. The research method used is a normative approach with a study of legislation and legal concepts. The results show that diversion is an effective mechanism for reducing the adverse effects of the judicial system on children and supports the achievement of restorative justice. However, in practice, obstacles are still found, such as a lack of understanding on the part of law enforcement officials, differences in the interpretation of legal provisions, and limitations in supporting facilities and infrastructure. Therefore, cooperation between various parties, including law enforcement officials, the community, and families, is needed to ensure the effectiveness of the diversion policy in the child criminal justice system in Indonesia. Keywords:  Diversion; Juvenile Criminal Justice System; Restorative Justic
Eksistensi Hak Anak Perempuan dalam Pewarisan Rumah: Studi Kasus di Desa Panreng Muh. Ahsan
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

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Abstract

Islamic law establishes a 2:1 inheritance ratio between sons and daughters. However, in Desa Panreng, Kecamatan Baranti, Kabupaten Sidenreng Rappang, local customs take a different approach. In this community, daughters receive the family home, land, and its contents as a special portion of the inheritance. This practice suggests that daughters may inherit a larger share than what is prescribed in Islamic law.This study aims to explore the reality behind this inheritance distribution, particularly within the Bugis community of Desa Panreng, which grants daughters a privileged inheritance. Using a qualitative research method with a sociological approach, the study gathers data through observations, interviews with community leaders, and documentation.The findings reveal that the inheritance of the house, land, and its contents is indeed granted to daughters for specific reasons one of the most significant being their role in caring for their parents in old age. This inheritance practice is deeply rooted in longstanding customs passed down through generations and is based on family consensus. The distribution of inheritance is often arranged before the passing of the parents to prevent conflicts.Ultimately, this study highlights that the inheritance system in Desa Panreng prioritizes fairness based on a child’s contribution to parental care rather than strictly following the standard principles of Islamic inheritance law. Keywords:  Inheritance; Daughters; Customary Law; Bugis Ethnic Group; Sociology of Law.
PERAN PEREMPUAN DALAM PENGAMBILAN KEPUTUSAN KELUARGA DI ERA MODERN PERSEPKTIF HUKUM KELUARGA ISLAM Suryantoro, Dwi Dasa
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1688

Abstract

The role of women in Islamic families is often seen as limited by traditional norms that prioritize male dominance in decision-making. However, as time progresses, the role of women in the family is getting more and more attention, especially in the modern era that demands equality and a fairer distribution of roles. The purpose of this research is to analyze the role of women in family decision-making in the modern era, as well as to see how the perspective of Islamic family law provides space for women to participate more actively in important family decisions. The method of this research is to use a qualitative method with a library or literature study approach (library research). This method was chosen because the focus of the research is to understand the role of women in family decision-making in the modern era from the perspective of Islamic family law. The results of the research show that the principle of deliberation in Islamic families teaches the importance of collective and inclusive decision-making, which is in line with the value of gender equality. Islamic family law encourages consultation in family matters, where every member of the family, whether male or female, should have equal rights to give their opinion as long as it does not conflict with religious values ​​or Sharia. Keywords: Women's Role, Decision Making, Islamic Family,
Implikasi Media Sosial dalam Ketahanan Rumah Tangga: Tinjauan Putusan Cerai Talak No. 0064/Pdt.G/2021/PA.Adl Sri Afri Delia; Bahar, Muchlis; Elfia
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1522

Abstract

This study aims to analyze how social media usage affects marital discord, focusing on the case of Decision Number 0064/Pdt.G/2021/PA.Adl at the Andoolo Religious Court. The research employs a normative juridical approach and qualitative methods, with primary data sourced from the court decision and supporting references from Islamic legal literature and related journals. The findings reveal that improper use of social media, such as excessive communication with third parties, can undermine trust and harmony within a household. Based on Article 39 Paragraph (2) of Law Number 1 of 1974, Article 19 letter (f) of Government Regulation Number 9 of 1975, and Article 116 letter (f) of the Compilation of Islamic Law (KHI), the Religious Court granted the divorce suit in this instance, citing continuous disputes with no hope of reconciliation. The judges also considered the Islamic principle that preventing harm takes precedence over pursuing benefit. This study emphasizes the value of digital literacy as a safeguard against family disputes brought on by social media use.  
CHILDFREE MENURUT PANDANGAN BAHTSUL MASAIL NU DAN MAJELIS TARJIH MUHAMMADIYAH Asfiyah, Siti; Fikri, Sariatul
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1673

Abstract

Childfree is a social phenomenon that is currently an interesting topic of discussion. This deserves attention from Islamic law. In the context of Islam in Indonesia, there are several important institutions that provide religious views on various contemporary issues. These institutions include the Bahtsul Masail Nahdlatul Ulama Institute (LBM-NU), and the Muhammadiyah Tarjih Council. This study aims to explore the legal views of the Bahtsul Masail NU Institute and the Muhammadiyah Tarjih Council regarding childfree. This study is a type of library research with a qualitative descriptive approach. The results of the study state that LBM-NU has issued four fatwas regarding refusing to have children. Meanwhile, the Muhammadiyah Tarjih and Tajdid Council in conducting ijtihad uses three approaches, namely Bayani, Burhani and Irfani. Keywords: Childfree, LBM-NU and Muhammadiyah Tarjih Council  
PENGARUH PENCATATAN PERNIKAHAN BERBASIS SIMKAH WEBSITE DI KUA KECAMATAN DELANGGU Rahmanda, Safira
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1750

Abstract

Since 2007, the Directorate General of Islamic Community Guidance has been trying to improve the quality of services of the Religious Affairs Office (KUA) through the application of information technology, in line with the times. One of the modernization steps taken is to implement the Marriage Management Information System (SIMKAH) application which is integrated with e-marriage at the Sub-district KUA, replacing the manual system previously used. The main objective of SIMKAH is to improve the efficiency and quality of marriage administration at the Sub-district KUA. SIMKAH is a special application used for marriage registration at all KUAs in Indonesia, which utilizes internet facilities to ensure a more accurate, fast, and secure marriage registration process. This study aims to examine the direct impact of the implementation of SIMKAH as a modern marriage registration administration system in the field. Using empirical methods, this study focuses on identifying the effects of changes in the marriage registration administration system at the Delanggu Sub-district KUA, using a purposive sampling technique. The results of the study indicate that although the SIMKAH application has been implemented well at the Delanggu Sub-district KUA, there are still challenges in the understanding and use of the application by the community. However, the use of this application also supports the implementation of laws and regulations regarding the minimum age limit for marriage. Keywords:  SIMKAH; Marriage Registration; Implications
IMPLIKASI PERUBAHAN SOSIAL TERHADAP PERILAKU PERNIKAHAN SEJENIS DI MEDIA SOSIAL Rahma, Fataqia; Salma
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1773

Abstract

Modern society is currently experiencing rapid transformation as a result of the influence of communication technology, especially social media. The use of social media has brought about significant changes in various aspects of human existence, including the realm of same-sex marriage. This study aims to find out about same-sex marriage, factors that influence same-sex marriage, and the influence of same-sex marriage on social media on the development of same-sex marriage in Indonesia. This research uses a qualitative methodology with a focus on descriptive techniques, specifically designed to gather insights about same-sex marriage on social media. The findings from this analysis reveal that Indonesia is one of the countries with a substantial social media user base, associated with widespread adoption of digital trends. The profound impact of social media work, changing various dimensions of society, this can give rise to various reactions from social media users. On the one hand, the reaction of rejection is negative comments and discrimination. While on the other hand, the reaction of supporters expresses their appreciation for same-sex marriage, celebrating the courage of those who speak out on social media. Keywords:  Social Change, Same Sex Marriage, Social Media
IMPLEMENTASI KONSEP KAFA’AH TERHADAP KETAHANAN KELUARGA Muhamad Amrozi; Sofian Syaiful Rizal
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1779

Abstract

The concept of kafa'ah in marriage emphasizes equality and harmony between prospective husband and wife, especially in terms of religion, morals, education, and social status. This study aims to examine the views of the people of regency on the concept of kafa'ah and its application in choosing a life partner. Through qualitative methods by interviewing community leaders and several families, it was found that the majority of the community considered equality in educational background and religious values ​​as the main factors in building household harmony. In addition, they prioritize the same goals in life, especially in the spiritual aspect, compared to material factors. The results of the study also show that in some cases, marriages that are not based on the principle of kafa'ah tend to experience problems, such as disputes in the household. One example is the experience of Mr. Imron, who faced disharmony due to significant differences in religious values ​​and life vision with his partner. This study concludes that the application of the concept of kafa'ah in the aspects of religion, morals, and common goals in life has an important role in maintaining family resilience, reducing household conflicts, and achieving a harmonious and sustainable marriage. Keywords: Kafa’ah, Marriage, Family Resilience, Sociology of Law
REKONSTRUKSI PEMAHAMAN HUKUM ISLAM TERHADAP PERNIKAHAN BEDA AGAMA: KAJIAN KRITIS ATAS KHI DAN FATWA MUI Jannah, Roikhatul; Nurcahyo, Satria Avianda
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1793

Abstract

This study aims to analyze the juridical-sociological review of the Compilation of Islamic Law (KHI) and ulama fatwas related to interfaith marriages in Indonesia. The method used is qualitative with a descriptive-analytical approach, combining legal document review and in-depth interviews with scholars, legal practitioners, and couples involved in interfaith marriages. Primary data were obtained from MUI fatwas, related articles in the KHI, and interviews with relevant informants. Secondary data were collected from related literature, legal journals, and previous research results. This study found that the KHI, which is the main guideline in Islamic family law in Indonesia, strictly prohibits interfaith marriages, as regulated in Article 40 letter c and Article 44 of the KHI. MUI Fatwa Number 4 of 2005 emphasizes the impermissibility of marriage between Muslims and non-Muslims, on the grounds of maintaining the sanctity of Islamic teachings. However, from a sociological perspective, the study shows that there are various challenges and social dynamics that influence the practice of interfaith marriages. Interviews with informants indicate that factors such as social policies, family pressure, and personal commitment are the main considerations in deciding on interfaith marriages. This study concludes that the development of laws and fatwas of ulama need to consider aspects of humanity and social diversity, in order to create a balance between adherence to religious teachings and the needs of an increasingly pluralistic society. The recommendations of this study include the importance of interfaith dialogue and the improvement of the KHI to include more inclusive guidelines in dealing with the dynamics of interfaith marriage in Indonesia.

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