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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 23 Documents
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Search results for , issue "Vol. 6 No. 2 (2025): April" : 23 Documents clear
DASAR PENETAPAN ISTRI NUSYUZ DI PENGADILAN AGAMA REMBANG DAN AKIBATNYA SETELAH PERCERAIAN DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Akhyar, Mustofinal
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1796

Abstract

The term nusyuz in Article 84 of Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) is used to refer to a condition when a wife does not carry out her obligations as stipulated in Article 83 paragraph (1), without valid reasons. In this condition, the husband is no longer burdened with obligations towards his wife as stated in Article 80 paragraph (4), except those related to children. The interpretation of nusyuz in general is still centered on the wife, while the husband is not considered to be able to commit nusyuz, although this view has begun to be questioned by modern Islamic legal thinkers. This article aims to analyze how the concept of nusyuz is applied in the practice of Islamic law in Indonesia and review its relevance and fairness in the contemporary context. This research uses qualitative methods with normative juridical and empirical juridical approaches, based on literature data and case studies. The results of the analysis of case number 456/Pdt.G/2023/PA.Rbg at the Rembang Religious Court show that allegations of infidelity made by the wife against her neighbor became the main basis for divorce filed by the husband. The incident also caused them to live apart for nine months. This finding shows that the concept of nusyuz is still applied unilaterally against women, giving rise to the need for a fairer re-interpretation of husband and wife relations in Islamic law
NIKAH MISYAR DALAM PRESPEKTIF HUKUM PROGRESIF DAN UNDANG-UNDANG PERKAWINAN DI INDONESIA Khiyaroh, Khiyaroh
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1852

Abstract

This study discusses the practice of misyar marriage which is still one of the contemporary issues. Some scholars allow the practice of misyar marriage as long as the conditions and pillars of marriage are met. But in practice, misyar marriage is carried out because of a problem, such as infidelity, covering up the marriage of the previous wife, etc. In the implementation of misyar marriage, some of the wife's rights were deliberately not given. But if the wife is happy in this case, it will be a reward in itself. With the development of the times and the number of women who are able to meet their needs independently, whether in the future misyar marriage can be used as an alternative in national marriage law or not. The author will conduct research with a type of literature research. The author will collect data from various sources, both books, articles and rules related to misyar marriage. The author will analyze with a Normative Juridical approach. The theory used is the Progressive Law of Sadjipto Rahardjo and with the Marriage Law in Indonesia. The result of this study is that nikah misyar although legally valid is religious but not justified according to the view of progressive law and the marriage law in Indonesia. Because Nikah misyar is not in line with the principle of substantive justice, it does not protect the vulnerable and is also not in accordance with the principles in the Marriage Law because it does not pay attention to the position of women.
HUKUM ASAL TALAK DALAM ISLAM : KOMPARASI PENDAPAT IBNU TAIMIYAH DAN JUMHUR ULAMA Raja Asyad Vatanen; Muhamad Arifin
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1854

Abstract

This study examines the foundational ruling of divorce (talak) in Islam through a comparative analysis of the views of Ibn Taymiyyah and the majority of scholars (jumhur). Ibn Taymiyyah argues that the original ruling of talak is prohibited unless there is a legitimate shar’i reason, such as irreparable marital conflict. In contrast, the jumhur scholars maintain that talak is permissible (mubah) as a right granted by Islamic law, though its use must consider benefit and harm (maslahat wa mafsadat).The study explores the evidences supporting both views, sourced from the Qur’an and Hadith, as well as their implications in modern society. Ibn Taymiyyah’s perspective emphasizes protecting marital harmony and discouraging unnecessary divorces. Meanwhile, the jumhur approach provides flexibility, offering solutions for various marital circumstances.In conclusion, these differing opinions reflect the richness of Islamic legal thought while aligning with the overarching objectives of shari’ah: ensuring justice, promoting welfare (maslahat), and safeguarding the institution of marriage. This research highlights the relevance of these perspectives for addressing contemporary challenges in Islamic family law.
Ketimpangan Hak Dan Kewajiban Pasangan Mahasiswa Prespektif Kompilasi Hukum Islam: Studi Kasus Pasangan Suami Istri Mahasiswa Universitas Nurul Jadid Ainul Yakin; Syamsul Ma'arif
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1995

Abstract

This study aims to analyze the inequality in the fulfillment of rights and responsibilities in married couples who are still students, and to understand this phenomenon based on the perspective of the Compilation of Islamic Law (KHI). The background of this study is the increasing number of marriages among students, which raises challenges in balancing academic and household roles. Using a qualitative method with a descriptive approach, data were collected through interviews and observations of student couples at Nurul Jadid University. The study results show inequality where the husband focuses more on financial responsibility, while the wife is dominant in managing the household. In general, fulfilling these rights and obligations is in line with the principles in the KHI, but is not optimal, especially in the division of domestic tasks. Factors causing inequality include academic pressure, lack of social support, and cultural expectations of the roles of husband and wife. This study emphasizes the importance of building equality of rights and responsibilities to achieve household harmony. These findings provide insight into the dynamics of student couples within the framework of Islamic law and offer recommendations so that married students can carry out academic and household roles in a balanced manner.
PERLINDUNGAN HAK ANAK DALAM KELUARGA SEBAGAI IMPLIKASI ISBAT NIKAH Fardlillah, Qonita; Candrawati, Siti Dalilah
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2011

Abstract

Unregistered marriages cannot be recognized as valid by the state and will experience obstacles when dealing with marriage documents as evidence of marriage so that they will not get a marriage certificate and have an impact on the rights of the wife and children that should be received in the marriage. If the marriage is not registered in order to be registered in order to fulfill the rights of children in the family, a legal procedure is required through an application for marriage confirmation to the Religious Court. Marriage confirmation is carried out in order to obtain legal certainty so that the marital status can be registered at the Religious Affairs Office as well as an effort to protect the legal rights of children born from their marriage. This literature study aims to determine the importance of marriage confirmation for unregistered marriages with all their reasons in order to guarantee legal certainty, especially the fulfillment of children's rights that are material and non-material. The findings of this literature study show that the application for marriage confirmation granted by the Religious Court provides legal certainty for married couples and children. In the context of married couples, ownership of a marriage certificate can then be used to take care of personal documents such as family cards, child birth certificates and related documents. In the context of children's rights, unregistered marriages that are confirmed will potentially provide protection for children's rights including children's identity rights, children's rights to become heirs, rights to welfare and child protection.
ISLAMIC LAW'S VIEW OF THE IDDAH OF WOMEN WHO ARE ENSNARED IN ADULTERY ACCORDING TO THE HANABILAH MADZHAB Sofian Syaiful Rizal; Indah Firdausi
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2021

Abstract

Iddah is a waiting period that a woman is obliged to undergo after divorce or the death of her husband in Islamic law, which aims to ensure the purity of the bloodline and gives the woman time to consider her life decisions. Even though iddah is a common problem, problems arise when faced with women who commit adultery. There are differences of opinion among scholars regarding the obligation of iddah for women who commit adultery, whether they are pregnant or not, because the Qur'an and Hadith do not explicitly regulate this matter. This ambiguity gives rise to legal consequences that influence whether or not the marriage contract between the woman who committed adultery and the man who impregnated her is valid. In this context, the Hanabilah school of thought has a firm view that women who commit adultery are obliged to undergo iddah just like women who are divorced. This research uses the legal istinbat method to analyze Hanabilah's view which equates the iddah of an adulterous woman with the iddah of a woman who is divorced. This research is library research, using literature such as books, scriptures, and relevant notes to compare the views of scholars regarding the issue of iddah for women who commit adultery. The findings show that Hanabilah's opinion has a strong basis, although it differs from the views of other scholars. The conclusion of this study is that the obligation of iddah for women who commit adultery must be viewed as a form of justice and legal certainty in Islam.
Pandangan Criminal Justice System Terhadap Peran Aparat Penegak Hukum Dalam Pencegahan Tindak  Pidana Narkotika Di Dki Jakarta Sahrul, Farhan Ananda; Firmansyah, Hery
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2122

Abstract

Narcotics are one of the most serious crimes faced by almost every country in the world, including Indonesia. In 2023, the number of drug users in Indonesia reached 3.3 million people, or approximately 1.73% of the total population. The province of DKI Jakarta was recorded as the most vulnerable area, contributing around 12.73% of the total narcoticsrelated crimes that year. This situation requires serious attention, particularly from law enforcement officers as part of the criminal justice system. Preventive actions taken by law enforcement should demonstrate effectiveness through a decrease in prevalence rates in 2024. This study uses a qualitative method through literature review by analyzing various sources such as journals, theses, and other scientific works. The approach used is normative, by examining the implementation of established legal principles. The results of this study show that law enforcement officers have taken several preventive measures to reduce narcotics use, including socialization, education, rehabilitation, and coaching for inmates. The coaching involves vocational training for convicts to prevent recidivism. However, the effectiveness of these efforts has yet to yield positive results, as the number of drug users in 2024 increased by 29.10%.
Efektivitas Pengawasan Pemerintah Daerah Terhadap Kualitas Air Sungai: Studi Kasus Pencemaran Sungai Brantas Jawa Timur Rivaldi Rizky; Rahayu, Mella Ismelina Farma
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2123

Abstract

This study analyzes the effectiveness of regional government supervision over river water quality, focusing on the case of Brantas River pollution in East Java. Using normative juridical research methods with a case study approach, this research examines the role of regional government in monitoring and controlling river water quality through regulatory frameworks and institutional coordination. The study utilizes primary data from the Surabaya District Court Decision No. 08/Pdt.G/2019/PN.Sby and secondary data from relevant legislation and literature. The findings reveal significant weaknesses in inter-agency coordination and law enforcement mechanisms. The research concludes that regional government supervision effectiveness remains low due to limited human resources, weak institutional coordination, and insufficient political will. The study recommends strengthening inter-agency coordination, enhancing supervisory capacity, and implementing stricter sanctions to improve environmental protection.
Analisis Yuridis Perlindungan Hukum Bagi Korban Salah Tangkap Ditinjau Dari Ketentuan Hukum Positif Di Indonesia Setyawan, Gerald Febrian; Prasetyo, Boedi
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2124

Abstract

The judicial process in Indonesia must be carried out or implemented based on the provisions of the laws in Indonesia. The criminal justice process was born in order to resolve problems that arise from criminal acts. Although the procedures for the judicial process have been regulated by law, we still find many cases of errors in the judicial process that occur in Indonesia. One case of error in the judicial process can be found in cases of mistaken arrest by law enforcement officers. Wrongful arrests or mistakes in arrest generally occur due to procedural errors and also errors in the investigation process carried out by law enforcement officers. In order to protect the interests and rights of victims that are lost during the judicial process, a form of protection is needed that can be given to victims of mistaken arrest. Legal protection for victims of mistaken arrest was born in order to provide protection for victims or innocent people who were arrested illegally or mistakenly by law enforcement officers. Including provisions for victim protection aims to increase the government's focus on the plight of victims and can restore the conditions and rights of victims that are lost from the act of mistaken arrest considering that the act of mistaken arrest is a form of gross human rights violation that greatly tarnishes human dignity
PERAN AMIL ZAKAT DALAM MENINGKATKAN PELAYANAN DAN PROGRAM BANTUAN KEPADA KELUARGA MUSLIM DI LAZISMU PONORGO Bonaji, Bonaji; Adib Khusnul Rois; Zakiy Atha Nurshalahuddin
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2688

Abstract

Amil Zakat di LAZISMU Ponorogo berperan sebagai pengumpul dan penyalur zakat, infak, dan sedekah (ZIS) dengan meningkatkan pelayanan melalui program pendistribusian dana zakat secara konsumtif dan produktif, seperti pemberian modal dan pendampingan usaha untuk pengentasan kemiskinan dan pemberdayaan masyarakat. Selain itu, amil zakat juga memiliki peran dalam membangun kepercayaan masyarakat dan meningkatkan citra positif lembaga untuk mengoptimalkan penghimpunan dana ZIS, sehingga tujuan untuk meningkatkan kesejahteraan masyarakat dapat tercapai. Penelitian ini menggunakan pendekatan deskriptif kualitatif melalui wawancara, observasi, dan dokumentasi, penelitian ini menganalisis penerapan prinsip-prinsip pemasaran Amil zakat di LAZISMU Ponorogo. Hasil penelitian menunjukkan bahwa Lazismu Ponorogo adalah lembaga filantropi yang profesional, transparan, dan terdaftar dalam mengelola dana Zakat, Infaq, dan Sedekah (ZIS) dengan laporan keuangan yang terperinci, serta memiliki berbagai program penyaluran dana untuk membantu masyarakat di bidang kesehatan, pendidikan, sosial, dan ekonomi. Pembinaan amil zakat di LAZISMU Ponorogo mencakup peningkatan literasi zakat, pemanfaatan teknologi, pelatihan manajemen modern, serta pengembangan pengetahuan dan keterampilan teknis agar amil mampu mengelola dan menyalurkan dana Zakat, Infaq, dan Shadaqah (ZIS) secara profesional, amanah, dan produktif.

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