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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 30 Documents
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Search results for , issue "Vol. 6 No. 3 (2025): July" : 30 Documents clear
KULTUR KELUARGA ISLAM DENGAN FENOMENA PERNIKAHAN DIBAWAH UMUR (Studi Kasus di Desa Pai Kecematan Wera Kabupaten Bima) Ifan; Jainuddin; Syarif Hidayatullah
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.v6i3.1956

Abstract

In addition to exploring the impact of Islamic family culture on the societal phenomena of underage marriage, this research seeks to ascertain the legal ramifications of making underage marriages lawful.  This research takes a descriptive qualitative tack, gathering information by methods such as participant observation, in-depth interviews, and document reviews.  The study's findings show that underage marriage in PAI Village, Wera District, Bima Regency, is a multi-faceted issue affected by many economic, social, cultural, and legal viewpoints. This practice has multidimensional impacts, including the breakdown of education, economic hardship, and health risks for mothers and babies. A holistic approach that integrates economic empowerment, religious education, and changes in social norms is needed to address this issue and build a sakinah family.  
PERKAWINAN DINI DAN DAMPAKNYA TERHADAP PERLINDUNGAN ANAK DALAM HUKUM PERKAWINAN INDONESIA SEBAGAI TINJAUAN KOMPREHENSIF Suryantoro, Dwi Dasa
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.v6i3.1968

Abstract

Early marriage in Indonesia remains a significant issue even though there has been a regulation that regulates the age limit for marriage through Law No. 16 of 2019. This study aims to examine the impact of early marriage on the rights of children, especially women, and evaluate the effectiveness of existing legal protections. The research method used is a qualitative approach with literature study and normative analysis of laws and regulations governing early marriage, especially Law No. 16 of 2019. The results of the study show that despite the age limit of marriage, the dispensation policy given by the religious court allows for early marriage. This has an impact on children's limited access to education, health, and economic opportunities. This study recommends the need to evaluate and strengthen dispensation policies and increase public awareness about the dangers of early marriage. Stricter policy changes and stricter oversight are needed to strengthen the protection of children's rights.
POLIGAMI DAN KEADILAN DALAM PERSPEKTIF HUKUM POSITIF: TINJAUAN LITERATUR TERHADAP PRAKTIK DI SUKU SASAK LOMBOK NTB Kabir, Fauzul
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.v6i3.1969

Abstract

This study discusses the practice of polygamy and justice as its main requirement, as well as how positive law in Indonesia perceives polygamy through the lens of legal validity theory. Polygamy is a complex issue as it touches upon religious, social, and legal aspects, and often sparks controversy in modern society. In Islam, polygamy is permitted under strict conditions such as justice and financial capability, which are accommodated in Law Number 1 of 1974 and the Compilation of Islamic Law. This research employs a qualitative-descriptive method based on literature study to examine the legal validity of polygamy from both normative and sociological perspectives. The findings reveal that polygamy regulations in Indonesia are legally valid; however, their enforcement is highly influenced by public acceptance and practical effectiveness. Therefore, regulations on polygamy must be continuously evaluated to remain relevant and responsive to social developments, while also upholding the values of justice within family life.  
KONSTRUKSI HUKUM POLIGAMI DALAM PEMIKIRAN K.H. HUSEIN MUHAMMAD: TELAAH NORMATIF-KONTEKSTUAL Mutho`, Izzul
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.v6i3.1985

Abstract

This article discusses the thoughts of K.H. Husein Muhammad on polygamy in Islam, focusing on the legal construction and argumentative foundations behind his critical stance toward the practice. In contrast to the majority of classical scholars who permit polygamy broadly, K.H. Husein views justice as an absolute requirement that is extremely difficult to fulfill in practice. This study aims to analyze the legal construction and fundamental reasoning of K.H. Husein Muhammad regarding polygamy in Islam. It employs a normative-contextual approach using library research and direct interviews as methods of data collection, with descriptive-qualitative analysis. The findings indicate that K.H. Husein Muhammad considers polygamy not as a normative teaching recommended in Islam, but rather as a rukhṣah (legal concession) for certain situations. In the context of modern society, he argues that polygamy tends to result in injustice—especially toward women—and contradicts the principles of maqāṣid al-sharī‘ah and the legal maxim sad al-dharī‘ah. Therefore, he concludes that the permissibility of polygamy may shift to being discouraged (makrūh) or even prohibited (ḥarām) if it fails to uphold substantive justice. His thought reflects a form of progressive ijtihād that prioritizes contextual interpretation of religious texts and advocates for reform in Islamic family law that promotes social justice and gender equality.
COPING STRESS SEBAGAI PEMULIHAN PSIKOLOGIS ANAK USIA DINI AKIBAT PERCERAIAN ORANG TUA Wicaksono, Falih Akmal Wicaksono; Lidia Sandy Kartika; Mufidah Ch
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.v6i3.1999

Abstract

This study discusses the influence of husband and wife when carrying out ongoing colonization. The dispute also turned out to be the main cause of divorce in Indonesia, this certainly affects the development of children's mindsets that are still in the process of growing both in mind, characteristics, or mental. This study uses a type of library research (library research) which is carried out by examining library materials or secondary data that focus on the object of research. The results of this study are that children can apply various coping strategies. Focused problem solving, involves active efforts to overcome problems such as seeking social support, or planning solutions. Then it can also be with Emotional focus coping, which can focus on regulating emotions such as trying to forget problems or blaming yourself. Lazaruz and Folkman's theory provides a useful framework for understanding how children cope with stress despite divorce from both parents. This theory identifies various coping strategies such as confrontation, seeking social support, and positive reappraisal.
Marginalisasi Perempuan Akibat Pernikahan Siri: Studi Kasus di Kabupaten Soppeng Muhammad Fadel Adhyputra; Musriadi
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.v6i3.1774

Abstract

This study raises the phenomenon of marginalization of women due to unregistered marriage in Soppeng Regency, focusing on the causes of unregistered marriage and its impact on women. The research uses a qualitative method with a case study approach and sociology of law, which is supported by two main theoretical frameworks, namely Social Construction of Law Theory and Feminist Legal Theory. Data were obtained through interviews with women who were victims of unregistered marriage, and supported by literature studies and relevant legal documents. The results show that unregistered marriages are triggered by a lack of legal awareness, economic pressure, infidelity, pregnancy outside of marriage, and weak state regulations. As a result, women involved in unregistered marriages experience forms of marginalization in psychological, social, legal and economic aspects. These findings show that patriarchal culture reinforces gender inequality and places women in a vulnerable position. Therefore, systematic interventions are needed through legal education, victim assistance, and strengthening the implementation of regulations to ensure the protection of women's rights in the context of marriage.
PENELANTARAN ANAK PASCA PERCERAIAN MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2014 (Studi Kasus: Desa Bantayan Kecamatan Simpang Ulim Kabupaten Aceh Timur) Hadi, M Naufal; Zubaidi, Zaiyad; Mustaqim, Riza Afrian
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.v6i3.1886

Abstract

This study aims to determine the factors of child neglect after divorce, review legal protection based on Law Number 35 of 2014 concerning Child Protection, and identify solutions and prevention of such cases in Bantayan Village, Simpang Ulim District, East Aceh Regency. This study uses a normative-empirical legal approach, with qualitative methods and data collection techniques through interviews, observations, and documentation of child victims, caregivers, and village officials. The results of the study indicate that the main factors of child neglect after divorce include economic problems, parental remarriage, parents who migrate and lose contact, lack of responsibility and communication between parents, and minimal intervention from the village government or related institutions. Based on Law Number 35 of 2014 Article 26 paragraph (1), it was found that children's rights to care, protection, and education were not fulfilled. Reviewed from the Best Interest of the Child theory by John Eekelaar, the condition of these children does not reflect the fulfillment of the child's best interests. Therefore, an active role is needed from all parties to prevent and handle similar cases, including through increasing legal awareness and collaboration between village governments and child protection agencies.
TINJAUAN MASLAHAH TERHADAP PRAKTIK PEMBERIAN NAFKAH SUAMI DALAM PERNIKAHAN SIRI (Studi Kasus pada Alumni Pesantren di Kecamatan Bumiayu, Kabupaten Brebes) Fauzi, Muhammad Farkhan; Syawaludin; Takdir Hardani La ajiri
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.v6i3.1892

Abstract

This study discusses the practice of providing alimony by husbands in serial marriages carried out by three couples of Islamic boarding school alumni in Bumiayu District, Brebes Regency. Although their marriage has not been officially recorded by the state, they remain committed to fulfilling their obligation to provide for their wives in the form of birth and mental support. This study aims to analyze the practice through a normative approach with maslahah theory, in order to see the extent to which the fulfillment of the sustenance reflects the benefits from an Islamic perspective. The method used is qualitative which is descriptive-analytical. The approach used in this study is normative using maslahah theory.  Primary data were generated from interviews with three married couples in series about alimony practices and secondary data from related literature. The results of the study show that the practice of providing sustenance has included aspects of maslahah daruriyah and tahsiniyah, but has not fully fulfilled the maslahah hajiyah, especially in the provision of housing. Judging from the existence of the evidence in maslahah shows that this practice is not entirely in line with the principle of the benefit of Islamic law because it is carried out in the context of marriage that is not recognized by the state which can cause harm, especially to the wife. In addition, in some postulates mention the need to announce his marriage. Thus, this practice is categorized as maslahah al-mulghah, which is a benefit based on individual prejudice.
PENETAPAN ASAL USUL ANAK HASIL POLIGAMI DI BAWAH TANGAN PERSPEKTIF MAQASID SYARIAH (Studi Terhadap Penetapan Pengadilan Agama Sibuhuan Nomor: 81/Pdt.G/2020/PA.Sbh) Mala, Revita; Harahap, Ikhwanuddin; Halomoan Hsb, Putra
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.v6i3.1989

Abstract

Determination of the origin of children plays a very significant role in family law, especially from the perspective of Islamic law which emphasizes the importance of protecting children's rights. The main focus of this study is the Determination of the Sibuhuan Religious Court with Number: 81/Pdt.G/2020/PA.Sbh which is analyzed through the maqasid sharia approach according to Jasser Auda's thinking. This study uses a library research method with a normative approach. The results of the study show that the judge's considerations in the decision cover three main aspects. From a legal perspective, the judge adheres to the applicable legal provisions. From a philosophical perspective, the importance of maintaining harmony in the family structure of Indonesian society is considered. Meanwhile, sociologically, this decision also takes into account the norms that live in society, the need for legal certainty, and efforts to reduce social stigma against children. Analysis based on Jasser Auda's maqasid sharia version shows that the decision reflects the application of six interconnected maqasid elements. First, the application of the al-idrakiyah principle (cognitive), which shows legal awareness of children's rights. Second, al-kulliyyah (comprehensiveness), which is a comprehensive consideration of all aspects of a child's life. Third, al-infitahiyyah (openness), which is the courage to adapt the law to the social context. Fourth, al-harakiyyah (dynamic hierarchical structure), which is seeing the relationship between legal principles. Fifth, ta'addud al-ab'ad (multidisciplinary dimension), which is the integration between law, social, culture, and religion. Finally, the principle of al-maqasidiyyah (goal orientation), which is ensuring that the decisions taken are truly directed towards the welfare of the child as a whole.
PEMBAGIAN PERAN DALAM PENGASUHAN ANAK (Studi Kasus Pada Generasi X dan Generasi Millenial di Kabupaten Lampung Tengah) Winda Oktaviani; Dri Santoso; Aliyandi A. Lumbu; Afifuddin Ahmad Robbani
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.v6i3.2043

Abstract

In Islamic family law, childcare (hadhanah) is a shared responsibility that emphasizes the best interests of the child and the principle of justice. Where the responsibility for care is not only borne by the mother, but is a shared task that must be carried out. This is clearly regulated in the Qur'an, Sunnah, or in positive law in Indonesia. However, in reality, the role of the mother is more dominant in childcare, while the father mostly focuses on meeting economic needs. So that with this phenomenon, questions arise regarding the division of parenting roles applied by Generation X and the Millennial Generation in Central Lampung, by reviewing the factors behind the division of parenting roles, and how they are in accordance with the principles of Islamic family law. This type of research is field research on Generation X and the Millennial Generation in four sub-districts in Central Lampung Regency. This research is descriptive, with data collection techniques, namely observation, interviews, and documentation. Data analysis uses an inductive thinking framework. The results of the study show that Generation X still tends to use traditional parenting, with the dominance of the mother's role in the domestic sphere. Meanwhile, the Millennial Generation is starting to show a more equal pattern, with increased involvement of fathers in parenting, although there are some families that still use the mother's domestic role. Differences in child care are influenced by several factors, namely, changes in social and cultural, economic and educational, residential environment, and special conditions/situations. A review of Islamic law shows that flexibility in parenting roles is justified as long as it is based on the principles of justice, responsibility, and protection of children. This study emphasizes the need for a contextual understanding of Islamic family law so that it can be applied adaptively in the dynamics of modern families.

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