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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 30 Documents
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Search results for , issue "Vol. 6 No. 3 (2025): July" : 30 Documents clear
KEDUDUKAN HUKUM PERTUNANGAN ANAK DALAM HUKUM PERKAWINAN INDONESIA DAN KONVENSI HAK ANAK: STUDI KASUS DI SAMPANG, MADURA Amara, Nikita Vitra; Sa’adah, Karomatu; Putri, Riska Widia; Setiawasih, Eva; Zendhy, Dhenya Myrelta; Putri, Desty Amanda; Hidayah, Astika Nurul
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1683

Abstract

Child engagement is still a common practice in Indonesia, especially in areas with strong social and cultural norms. This article aims to analyze the legal status of child engagement in Indonesian marriage law and its compliance with the Convention on the Rights of the Child, with a case study in Sampang, Madura. This study uses a normative legal method with a legislative approach and case study. The results of the study show that although engagement does not have binding legal consequences in the national legal system, this practice is often the basis for submitting marriage dispensations, which ultimately increases the number of child marriages. This is contrary to Law Number 16 of 2019 which sets the minimum age for marriage at 19 years and the principle of the best interests of the child in the Convention on the Rights of the Child. This study emphasizes the need to strengthen regulations and public education to prevent the practice of child engagement and the negative impacts it causes, including the risk of exploitation and disruption of child development. Keywords:  Child Engagement; Marriage Law; Marriage Dispensation; Convention on the Rights of the Child; Child Protection.
PERAN MATA KULIAH PSIKOLOGI KELUARGA DALAM MEMBANGUN KESIAPAN MENIKAH MAHASISWA STDIIS JEMBER Ari Widodo; Khoirul Ahsan
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1897

Abstract

Marriage is a noble act of worship; therefore, it requires thorough preparation before it is undertaken. One way to prepare for marriage is by studying family psychology. Family psychology is a field that explores the mental and emotional aspects within the family unit. Sekolah Tinggi Dirasat Islamiyah Imam Syafi’i (STDIIS) is a private Islamic higher education institution located in Jember Regency, East Java. The Family Psychology course is one of the core courses offered in the academic program at STDIIS Jember.This study aims to examine the role of the Family Psychology course in preparing students for marriage. A qualitative research method with a case study approach was used in this study. The results indicate the following; 1. The family psychology course plays a role in two main areas: (a) Emotional and mental readiness, and (b) Cognitive and attitudinal preparedness. 2. There are two aspects that play a role in the Family Psychology course: (a) Personality and motivation, and (b) Communication patterns and conflict management. 3. STDIIS students perceive the Family Psychology course as having an important role in preparing them for marriage, with course materials that are highly relevant and appropriate.
PENGARUH PERKEMBANGAN CRYPTOCURRENCY SEBAGAI OBJEK HARTA WARISAN PERSPEKTIF ULAMA KONTEMPORER Firdaus Fika Ananda; Irsan
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1906

Abstract

This study aims to examine the extent to which the development of cryptocurrency influences its status as an object of inheritance from the perspective of contemporary Islamic scholars. Utilizing a qualitative approach and literature review, the research explores the concept of māl in Islamic jurisprudence according to the Hanafī school and the majority of scholars (jumhūr), while assessing the eligibility of various types of cryptocurrency, such as payment tokens, utility tokens, and asset-backed tokens—as inheritable assets. The study also compares fatwas issued by different religious institutions and contemporary scholars, both those who support and those who oppose the legitimacy of cryptocurrency under Islamic law. The findings reveal two dominant viewpoints: one group strictly prohibits cryptocurrency, citing the presence of gharar (uncertainty), qimār (speculation), and the absence of underlying real assets; the other group permits its use within specific conditions, provided it has clear value, utility, and lawful ownership. This divergence directly affects the technical practices of digital estate planning and highlights the urgent need for a more comprehensive Islamic legal framework to govern crypto-assets in the context of contemporary Islamic inheritance and financial transactions.
REKONSTRUKSI KONSEP NAFKAH DALAM HUKUM KELUARGA ISLAM: PERSPEKTIF GENDER DAN OTONOMI PEREMPUAN Hardianti; Nurchaliq Majid
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1908

Abstract

This research examines the concept of nafkah and women's autonomy from gender and Islamic family law perspectives by investigating the dynamics of nafkah interpretation and its implications for women's independence in Muslim families. Using qualitative research methods with a literature study approach, this research analyzes the thoughts of classical and contemporary scholars, especially Murtaḍhā Muṭhahhari and Faqihuddin Abdul Kodir, and contextualizes them with the social reality of Indonesian Muslim society. The results show that traditional interpretations of nafkah tend to limit women's autonomy through the construction of economic dependency, while contemporary approaches offer a more inclusive understanding that accommodates women's financial independence. Contextualization of the nafkah concept through the principle of "mubādalah" (reciprocity) proves to be more aligned with the objectives of sharia in realizing justice and benefit, while opening space for women's autonomy without negating shared responsibility in building a sakinah family. This research contributes to the development of gender-responsive Islamic family law that accommodates social change without abandoning principles.
URGENSI SIGHAT TAKLIK SEBAGAI UPAYA MENCEGAH DISHARMONI DALAM KELUARGA Padlianor
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1909

Abstract

Islamic marriage aims to establish a harmonious family; however, the high rates of divorce and Domestic Violence (KDRT) in Indonesia indicate the frequent neglect of wives’ rights. Sighat Taklik, a husband’s conditional pronouncement of divorce post-marriage contract (akad nikah), is an instrument within Indonesian Islamic law to protect wives’ rights. However, husbands’ understanding of its consequences is often minimal. This research aims to examine the urgency of sighat taklik in preventing family disharmony, analyze its concept, legal basis, and implications, and propose solutions to enhance its effectiveness. The method employed is descriptive-analytical, based on a literature review of the Al-Qur’an, Hadith, Compilation of Islamic Law (KHI), Marriage Law, journals, and statistical data. The findings indicate that sighat taklik is a declaration of divorce contingent upon specific conditions such as abandoning the wife, failing to provide maintenance, inflicting physical harm, or neglecting the wife, the violation of which grants the wife the right to file for divorce by paying iwad (compensation). Its legal foundation is derived from Articles 45-46 of the KHI and Surah An-Nisa verse 128. Its urgency lies in protecting wives’ rights and serving as a reminder of spousal responsibilities, although husbands’ lack of understanding hinders its effectiveness. Proposed solutions include pre-marital socialization, educational modules, religious studies, and public campaigns to increase awareness..
PERAN PEREMPUAN TULANG PUNGGUNG KELUARGA : STUDI KASUS PEKERJA PANTI PIJAT MIGRAN DI BATAM ANA LINDATUS SHOLEHA; YUNITA WULANDARI
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1915

Abstract

This study explores the role of women as the backbone of the family through a case study of massage parlor workers from Karangsemanding Village who migrated to Batam. The primary aim of this research is to understand their social background, life dynamics, and the social impact of their role as the main breadwinners. Using a qualitative approach and in-depth interviews, the study finds that most of these women come from economically disadvantaged families, have low levels of education, and are compelled by financial needs to support their families. In their work at massage parlors, they face social stigma, psychological pressure, and challenges in maintaining relationships with their families back home. Nevertheless, they demonstrate resilience and survival strategies that reflect their central role in sustaining family life. These findings highlight the need for greater attention to the condition of female workers in the informal sector and the importance of more inclusive and humane public policies.
DEVELOPMENT OF VARIOUS MODERATION-ORIENTED COUNSELING A: CASE STUDY AT THE AJUNG RELIGIOUS AFFAIRS OFFICE, JEMBER Lailatus Safitri, Novia; Abdul Halim; Riski Ramadhan
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1926

Abstract

This study examines the implementation of religious moderation at the Ajung Jember Religious Affairs Office (KUA), using a qualitative approach with a case study type, data obtained through key informants, including the head of KUA, the religious section, and the community section. Data collection through in-depth interviews, observation, and documentation. The results of the study indicate that the Ajung Jember KUA has successfully utilized the Bimwin program to educate prospective brides and grooms about the importance of respecting differences in marriage. The religious counseling program also targets various levels of society to overcome radicalism and strengthen national values. However, this study also identified several challenges, including limited human resources and resistance from some people to the idea of religious moderation. Opportunities found in this study include increased public awareness of the importance of social harmony and the use of information technology to expand the reach of the program. This study contributes to the understanding of the implementation of religious moderation at the local level, with recommendations for strengthening human resource capacity and cross-sector collaboration in supporting the sustainability of religious moderation programs. Keywords: Religious moderation, KUA, Counseling.
MENUNDA KEHAMILAN KARENA AKADEMIK DAN EKONOMI: TINJAUAN MAQASHID SYARIAH PADA MAHASISWA STDIIS JEMBER Muadz; Musyafi Usman
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1928

Abstract

Delaying pregnancy is a choice often made by young couples, especially students, who face economic and academic challenges. This study aims to identify the economic and academic considerations in the decision to delay pregnancy among student couples at STDI Imam Syafi’i Jember and to analyze this decision from the perspective of maqashid sharia. A qualitative method with in-depth interviews was used to explore the reasons and impacts of this decision. The results show that unstable economic conditions and academic burdens are the main factors influencing pregnancy postponement. Couples strive to balance their responsibilities as students and parents to maintain the quality of family life. From the maqashid sharia perspective, this decision aligns with the principles of preserving five main objectives of Islamic law, particularly the protection of life, wealth, intellect, and lineage. Delaying pregnancy does not imply permanently limiting offspring but managing birth spacing for the welfare of the family.
Anomalous Recognition of Sirri Marriage through the Status of 'Unrecorded Marriage' in Permendagri No. 108/2019 waton rosyit, achmad nasrul
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1933

Abstract

The Ministry of Domestic Affairs Regulation No. 108 of 2019, which recognizes the status of "unregistered marriage" in population documents, has sparked serious debate about legal consistency and the validity of public policy in Indonesia. This study aims to analyze the conflict between this regulation and Law No. 1 of 1974 on Marriage and Law No. 23 of 2006 on Population Administration, as well as to evaluate the social and legal impact of giving administrative recognition to relationships that are not legally valid. This research uses a qualitative normative approach through literature study and legal document analysis, applying deductive reasoning and theories of legal hierarchy and social legitimacy. The findings show that Permendagri No. 108/2019 creates legal ambiguity and weakens legal certainty and public trust by allowing administrative status without proper legal basis. This study expands the discourse on family law dualism by critically examining administrative legitimacy without substantive legality, and promotes the synchronization of regulations based on legal and social principles. The main contribution of this study is to highlight the urgent need to synchronize regulations and reform marriage registration policy using an integrative approach that combines legal norms, social values, and access to justice. In conclusion, marriage registration policy must be redesigned to balance legal formalities with social legitimacy, ensuring better legal protection for families and stronger public trust in the law.
ANALISIS YURIDIS KASUS HAK ASUH ANAK TSANIA MARWAH: TANTANGAN PERLINDUNGAN HAK IBU DAN ANAK DI INDONESIA Rofiah, Zulfa
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1833

Abstract

This study aims to analyze the case of Tsania Marwah as an illustration of the challenges in implementing legal protection for mothers and children in Indonesia. The research employs a normative juridical method with statutory and conceptual approaches, examining regulations such as Law No. 35 of 2014 on Child Protection, Law No. 1 of 1974 on Marriage, and Article 105 of the Compilation of Islamic Law (KHI). The findings reveal a significant gap between legal norms and actual practice. Although the court awarded child custody to the mother, enforcement of the decision proved difficult due to the absence of a strong enforcement mechanism, lack of strict sanctions for violators, and weak support from law enforcement institutions. Additionally, existing legal provisions fall short in addressing complex custody violations committed by biological parents and do not adequately safeguard the best interests of the child. The study underscores that weak institutional coordination, low public legal awareness, and insufficient governmental commitment are key barriers to the effective implementation of custody rights. Accordingly, this research recommends policy reforms that include strengthening enforcement mechanisms, applying stricter legal sanctions, improving cross-sectoral coordination, and developing sustainable legal education programs for the public.

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