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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 31 Documents
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Search results for , issue "Vol. 6 No. 4 (2025): Oktober" : 31 Documents clear
PERNIKAHAN BEDA AGAMA: KAJIAN NORMATIF DAN PSIKOLOGIS DALAM KONTEKS MASYARAKAT URBAN Dul Jalil
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2437

Abstract

Marriage is a fundamental aspect of human life, governed by religion, custom, and state law. In Indonesia, where five religions are officially recognized, interfaith social interactions are common, including in marriage. Although most religions in Indonesia prohibit interfaith marriages, such unions still occur, particularly in urban communities. This study aims to examine the dynamics of interfaith marriage and the reasons behind couples choosing to marry despite religious and legal prohibitions. Using a case study method with normative and psychological approaches, data were collected through interviews with interfaith couples. The findings show that these couples often proceed with marriage based on emotional and spiritual compatibility. They consider interfaith marriage a khilafiyah issue—open to interpretation (ijtihad)—and believe such unions are morally and spiritually valid. This perspective contrasts with the dominant views of religious scholars and Indonesia’s legal framework, which generally do not recognize interfaith marriages.
ANALISIS HUKUM ISLAM DAN HUKUM PERDATA ATAS PUTUSAN PEMBATALAN PERKAWINAN: STUDI PUTUSAN NOMOR 2981/PDT.G/2024/PA.JS Harvi Muhammad Fathiariq; Teguh Dwi Cahyadi
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2441

Abstract

This study analyzes the legal implications of the withdrawal of a marriage annulment lawsuit in Decision Number 2981/Pdt.G/2024/PA.JS, particularly concerning the legal status of a marriage conducted based on an alleged fictitious guardian (wali) and document forgery. Employing a normative juridical research method with a case study approach, the analysis is conducted from a multidisciplinary perspective, examining Islamic law, positive civil law, and criminal law. The findings reveal a fundamental discrepancy: under Islamic law, the marriage is considered void ab initio (fasakh), yet, following the lawsuit's withdrawal, under positive law, the marriage remains formally and administratively valid. This condition creates a procedural deadlock and long-term legal uncertainty susceptible to abuse of law. Furthermore, it does not nullify the separate criminal liability for document forgery under Article 263 of the Indonesian Criminal Code (KUHP).
KERETAKAN RUMAH TANGGA AKIBAT PERILAKU MEROKOK: ANALISIS PUTUSAN PENGADILAN AGAMA DEPOK NO. 4245/PDT.G/2018/PA.DPK DALAM PERSPEKTIF MAQASHID SYARIAH Fadhilah Khairul Anam; Musyafi Usman
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2474

Abstract

An ideal marriage is one that can create a harmonious, loving, and merciful family. However, this goal can be hindered when behaviors arise that disrupt comfort and harmony, such as the habit of smoking. Smoking by one of the spouses has the potential to cause conflicts that may trigger divorce, as seen in the Depok Religious Court Decision No. 4245/Pdt.G/2018/PA.Dpk. This study aims to analyze the trial facts and the judge’s considerations in the decision from the perspective of maqashid sharia, in order to identify the extent to which the decision reflects the protection of public interest, prevention of harm, and fulfillment of the main objectives of marriage. The study uses a qualitative method with a normative juridical approach. The results indicate that the juridical basis for divorce in this case refers to broken marriage, in accordance with Article 116 letter f of the Compilation of Islamic Law. The trial facts show relevance to this juridical basis and are also related to maqashid sharia, as they contain elements of harm threatening the five aspects of sharia protection. The judge’s consideration to grant the divorce appears aligned with the essence of maqashid sharia, namely promoting benefit and preventing greater harm. The loss of tranquility, affection, and mercy due to smoking behavior has damaged the primary objectives of marriage, making divorce an appropriate step to restore the benefit.
IMPLIKASI PERNIKAHAN DINI TERHADAP POLA ASUH ANAK: STUDI KASUS DI DESA SUMBERPINANG KABUPATEN JEMBER Kusuma Wiranata; Winning Son Ashari
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2479

Abstract

Early marriage remains a social reality in several rural areas of Indonesia, including Sumberpinang Village, Pakusari District, Jember Regency. Parenting in early-married families tends to be less optimal due to unbalanced caregiving roles, limited attention to children’s needs, and the lack of emotional readiness among young parents. This study aims to examine the implications of early marriage on parenting using a qualitative case study approach involving couples who married before the age of 19. Data were collected through in-depth interviews, limited observation, and documentation, then analyzed interactively using the Miles, Huberman, and Saldaña model. The findings indicate that early marriage leads to neglectful and authoritarian parenting styles, while democratic parenting is rarely found and permissive parenting was not identified. These conditions are closely related to economic instability, limited parenting knowledge, and the intergenerational transmission of early marriage practices. As a result, children are at risk of neglect, lack emotional support, face stunting, and grow up with fear and low self-confidence. This study contributes academically by enriching the literature on the relationship between rural cultural structures and parenting practices among young families. Practically, it provides a foundation for interventions such as parenting education, economic empowerment, and reproductive health literacy to improve parenting quality and break the cycle of early marriage in rural communities
PERAN BIMBINGAN PERKAWINAN PRANIKAH DALAM MENCEGAH PERNIKAHAN DINI Studi Kasus Kantor Urusan Agama Kecamatan Sawangan Kabupaten Magelang Bagas Alfansyah; Triadi Wicaksono
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2484

Abstract

Marriage is an important milestone in family life. However, in Sawangan Subdistrict, Magelang Regency, marriage often occurs at an age below the legal requirement or prior to achieving psychological and biological maturity. The contributing factors include cultural traditions, low levels of education, parental pressure, and limited knowledge of legal and reproductive health issues. This study aims to analyze the role of the Premarital Marriage Guidance Program organized by the Sawangan Office of Religious Affairs (KUA) in preventing early marriage. A qualitative approach with a case study design was employed, using interviews, observations, and documentation. The findings indicate that early marriage is still found in several villages such as Wonolelo, primarily due to social and economic pressures. The Sawangan KUA implements Premarital Marriage Guidance in a structured and collaborative manner in cooperation with community health centers (Puskesmas) and family planning field officers (PLKB), integrating religious, health, and demographic perspectives. The program’s effectiveness is reflected in the significant decrease in applications for marriage dispensation, from 47 cases in 2023 to 23 cases in 2024. This research benefits society by enhancing understanding of the risks of early marriage, thereby encouraging behavioral change toward marriage at an ideal age. For the KUA and related institutions, these findings provide a basis for strengthening premarital guidance programs, developing more relevant educational materials, and expanding cross-sector collaboration to maximize the program’s reach and effectiveness.
REKONSTRUKSI HUKUM KELUARGA ISLAM DALAM PERSPEKTIF MAQASID AL-SYARI’AH UPAYA PREVENTIF PERNIKAHAN DINI DI INDONESIA Ahmad, Ahmad Fauzi; Taufiq Ikram Ash Syidiqi, Taufiq; Peni Alyanita; Yogi Sopian Haris
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2528

Abstract

Child marriage remains a prevalent issue in Indonesia, despite the legal minimum age of 19 for both males and females. This practice is not only influenced by economic, cultural, and educational factors but also by misinterpretations of religious teachings that are often used as justification. This study aims to analyze early marriage from the perspective of Islamic family law through the lens of maqasid al-syari’ah as a preventive effort. The research method employed is library research with a qualitative approach by examining Islamic legal literature, statutory regulations, fatwas, and religious court decisions on marriage dispensation, then analyzed using content analysis and critical analysis techniques. The findings reveal that child marriage contradicts the higher objectives of Islamic law, particularly in protecting life (hifz al-nafs), intellect (hifz al-‘aql), and lineage (hifz al-nasl). The dispensation system still creates legal loopholes that weaken child protection. Therefore, reconstructing Islamic family law based on maqasid al-syari’ah is necessary to strengthen child rights protection, postpone marriage until individuals reach physical and psychological maturity, and promote the development of healthy, just, and sustainable families.
INTEGRASI HUKUM KEWARISAN ISLAM DAN KEARIFAN LOKAL DALAM PENYELESAIAN SENGKETA WARIS BERBASIS MUSYAWARAH ADAT (STUDI KASUS DESA SIMPANG SARI KECAMATAN LAWANG WETAN KABUPATEN MUSI BANYUASIN) Ariansyah, Jeri
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2543

Abstract

The increasing occurrence of inheritance disputes in rural communities, particularly in Simpang Sari Village, often triggers family conflicts and affects social relations. This is largely due to the the community's lack of knowledge regarding Islamic inheritance law and a lack of understanding of the applicable inheritance regulations, including statutory law, Islamic law, and customary law. This study aims to examine how Islamic inheritance law is applied in resolving inheritance disputes and how it is integrated with the local wisdom that has developed within the community. A qualitative research method with a descriptive approach was employed, using interviews, observations, and document analysis. The research informants included religious leaders, traditional leaders, village officials, and individuals who have been directly involved in inheritance disputes. The findings indicate that while Islamic inheritance law is acknowledged and respected, the practical resolution of disputes prioritizes values of local wisdom, such as deliberation, consensus, and a family-oriented approach. In conclusion, Islamic inheritance law can be effectively applied in resolving inheritance disputes in Simpang Sari Village; however, it must be implemented alongside local wisdom that has been passed down through generations, taking into account customary practices, family harmony, and deliberative decision-making.
IMPLIKASI PEMBIAYAAN HAJI TERHADAP STABILITAS EKONOMI DAN PSIKOLOGIS KELUARGA MUSLIM : KAJIAN HUKUM ISLAM DAN PSIKOLOGI KELUARGA Mustika, Fahmi; Kodri, Muh.; Sakti, Bagas; Ayu, Sekar; Fahmi, Rulia
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2560

Abstract

This article examines the implications of Hajj financing on the economic stability of Muslim families in Indonesia. As Hajj requires a significant financial commitment, many families rely on Islamic financial products such as qardh (benevolent loan) or Hajj bailout funds provided by Sharia financial institutions. This study aims to explore how such financing schemes affect family financial planning and psychological well-being. Using a qualitative descriptive method, this research draws on normative Islamic legal principles and family psychology theories. Findings indicate that while Hajj financing can accelerate religious obligations and elevate social status, it also introduces new economic pressures, particularly when repayments are burdensome. From the perspective of Islamic family law, the husband's financial responsibility is central, but contemporary practice shows shared decision-making within the household. Psychologically, families may experience stress or anxiety related to debt, affecting interpersonal dynamics. The study highlights the need for better financial literacy and legal awareness to ensure that Hajj remains both a spiritual and economically sustainable journey.
KRITERIA MEMILIH PASANGAN IDEAL DI ERA DIGITAL: PERSPEKTIF GEN Z Chaliza, Olifa; Oktaviani, Witia
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2586

Abstract

The digital era builds cross-cultural relationships, so there is a shift in choosing the ideal partner criteria. According to the Muslim community, this is a highlight in itself, Islam has long regulated the concept of choosing a partner by making religion the main foundation. The purpose of this study is to examine the extent to which the digital era influences the views of generation Z in choosing the ideal partner, knowing the criteria for couples who are considered ideal, and examining these preferences through a normative perspective sourced from Islamic law, Marriage Law, and sharia maqashid. This study uses a qualitative approach with field studies through interviews and open questionnaires, involving Muslim university students spread across Java, Kalimantan, and Medina as purposive subjects. The results of this study show that Gen Z who live in the digital era is influenced by various platforms and information accessed. The criteria for choosing the ideal partner based on the perspective of Gen Z in the digital era are; apply Islamic teachings in daily life, have a vision and mission that is in line with and be responsible, established, physically attractive, sekufu and able to establish healthy relationships. Gen Z not only prioritizes religious aspects, but also considers social factors, which reflects a shift from traditional norms. The results of the normative analysis indicate that despite the change in preferences, these criteria are still in line with religious teachings and national law. This study contributes in the form of fostering responsive Muslim families in the digital era.
NAFKAH ISTRI DALAM PERSPEKTIF KESETARAAN GENDER: ANALISIS KRITIS DENGAN PENDEKATAN MAQASHID AL-SYARIAH Ferdiansyah, Muhammad Ichsan; Wicaksono, Triadi; Lismawati, Lismawati
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2629

Abstract

This study aims to analyze the concept of wife maintenance from the perspective of gender equality using  the maqashid sharia approach  by examining the gap between the normative construction of classical fiqh. This research method uses a qualitative approach based on library research with a focus on classical and contemporary fiqh texts, the Qur'an, hadith, and academic literature related to wife's maintenance, sharia maqashid, and gender equality. The research population included the entire Islamic legal literature on alimony with purposive sampling samples on relevant works. The research procedure includes data collection, classification based on the main theme, critical analysis with the framework of sharia maqashid, and synthesis of new concepts. Analysis techniques are in the form of content analysis and critical hermeneutics. The results of the study show that the understanding of classical fiqh is rigid and less responsive to modern socio-economic changes. Through the sharia maqashid approach, alimony can be understood more broadly, not only as a material obligation of the husband, but also as a collective responsibility that includes emotional, spiritual, and social aspects, according to the principles of justice and benefit. The conclusion of this study confirms that Islamic law is dynamic and adaptive, so the concept of alimony must be reinterpreted to be relevant to the modern context and support the principle of gender equality. The follow-up plan of the research is directed at empirical studies through field research and comparisons between Muslim countries.

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