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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 32 Documents
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Search results for , issue "Vol. 7 No. 1 (2026): Januari" : 32 Documents clear
STRATEGI HAKIM DALAM MENGATASI KEGAGALAN MEDIASI PADA PERKARA PERCERAIAN: STUDI PADA PA AMBARAWA KELAS I.B Nuradi, Rudi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/etgw4e78

Abstract

Dissolution of marriage due to divorce can occur due to talaq or based on a divorce lawsuit (divorce lawsuit). Divorce can only be carried out before a Religious Court hearing, after the Religious Court has attempted and failed to reconcile the two parties. This research is a field research, namely a method to obtain the perceptions, arguments and opinions of the research object. This research also uses an empirical juridical approach research that intends to investigate the application of law to individuals, groups, communities and legal institutions. The primary data source in this research is the Judge of the Ambarawa Religious Court, the secondary data source is data sources from 3 Judges of the Ambarawa Religious Court and PERMA No. 1 of 2016. The results of this study are the judge's strategy in finding solutions to the failure of mediation in divorce cases in the Ambarawa Religious Court. That the main factors behind the failure of mediation in divorce cases are caused by two main factors, namely internal factors and external factors. Of course, with these two main factors will increase the number of divorces that occur in the Ambarawa Religious Court every month, but the mediator continues to strive for peace for the parties with various strategies. It should be noted that the Court itself has prepared and provided space for conflicting parties to resolve their conflicts without going through the judicial process, namely through mediation
ADOPSI ANAK OLEH KOMUNITAS LGBTQ+ DALAM PERSPEKTIF HUKUM KELUARGA ISLAM TELAAH KOMPARATIF FIQH KLASIK DAN PENDEKATAN HUMANIS KONTEMPORER ahmad, Ahmad; Agus Muchsin
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v7i1.2603

Abstract

This study examines child fostering (tabanni) by the LGBTQ+ community from the perspective of Islamic family law through a comparative analysis of classical fiqh and contemporary humanistic approaches. Its objective is to formulate an inclusive tabanni framework that balances Sharia principles with modern social dynamics in Indonesia. Employing a qualitative normative-empirical design, the research integrates textual analysis of classical fiqh documents from the four major Sunni schools (Hanafi, Maliki, Shafi'i, Hanbali)-such as Al-Mughni, Bidayat al-Mujtahid, and Fath al-Qarib-with semi-structured interviews and focus group discussions involving 8-15 progressive Muslim respondents in Jakarta and Yogyakarta (2023-2025). Classical fiqh emphasizes child welfare without altering nasab status, within a heteronormative framework that prohibits full inheritance or mahram rights. In contrast, the contemporary humanistic approach, advocated by progressive Muslims, reinterprets tabanni through maqasid al-shariah (hifz al-nas and hifz al-ird), prioritizing verified caregiver suitability, transparent mechanisms, and cross-community dialogue. The integration of these approaches yields an inclusive tabanni framework encompassing caregiver verification criteria, preservation of the child's nasab, Sharia-based formal processes, and educational programs to address conservative resistance. These findings enhance child protection while offering contextual recommendations for more equitable and responsive Islamic family law in Indonesia's pluralistic society.
IMPLEMENTASI PROGRAM RT KEREN DALAM PERSPEKTIF HUKUM KELUARGA ISLAM: IMPLIKASI TERHADAP TERWUJUDNYA KELUARGA SAKINAH DI KOTA BLITAR Nuzul Inayah, Robiah; Wardani, Fina; Aisyatul Azizah; Mustika Ramadhani, Fahmi; Khodijah Nurul Aula, Siti
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/kj69sc04

Abstract

This article analyzes the implementation of the RT Keren Program from the perspective of Islamic family law and its implications for the realization of sakinah families in Blitar City. The RT Keren Program is a local government innovation that promotes community participation based on the Rukun Tetangga (RT) in strengthening the social, economic, and spiritual resilience of families. This study aims to analyze how the implementation of this program affects the achievement of sakinah families for the community in Blitar City. This study uses a qualitative descriptive method, based on Edward's implementation theory and the indicators of sakinah families according to Yusuf Al-Qardawi. The results show that the RT Keren program has been implemented well but is not yet running optimally. This study emphasizes the integration between decentralization policies and the concept of sakinah families from an Islamic law perspective, which shows that the RT Keren program has a positive impact on the achievement of sakinah families at the local level. These findings recommend that the RT Keren model be used as a national prototype for strengthening Islamic value-based family welfare policies.
DAMPAK NEGATIVE WALIMATUL 'URS BERLEBIHAN TERHADAP KESTABILAN NAFKAH KELUARGA: ANALISIS HUKUM ISLAM DAN SOSIAL Elkana, Jeni; Yoga Purnama
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/0a8rbp93

Abstract

The main objective of this research is to analyze the negative impact of excessive walimah celebrations on the fulfillment of family livelihood (nafkah) from the perspective of Islamic law. This study utilizes qualitative field methods employing interviews and documentation, and its analysis is conducted using a descriptive-analytical approach. The findings reveal that extravagant walimah creates long-term debt burdens, disrupts the fulfillment of primary needs, limits secondary necessities, and may lead to emotional pressures within the household. Although society often views elaborate walimah positively, in practice such conduct contradicts the principle of simplicity, la dharar wa la dhirar, as well as the obligation to provide livelihood as stipulated in Article 80 paragraph (4) of the Compilation of Islamic Law. Therefore, walimah should be held in accordance with the family’s financial capacity so that it remains a medium for gratitude and social bonding without sacrificing family welfare.
RELEVANSI PEMIKIRAN MUHAMMAD SYAHRUR PADA PENINGKATAN PERCERAIAN ASN DAN P3K DI KABUPATEN BLITAR SEBAGAI PEMBELAJARAN TERHADAP SANTRIWATI PONDOK PESANTREN ULIL ALBAB bahrun, yusron hanafi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/5d57yn64

Abstract

This study investigates the applicability of Muhammad Syahrur's progressive Islamic thought to address the escalating divorce rates among civil servants and contract-based government employees (P3K) in Blitar Regency, Indonesia. The research aims to extract pertinent lessons from Syahrur's interpretations, particularly concerning gender roles and marital dynamics, for the female students of Ulil Albab Islamic Boarding School It employs a qualitative research methodology, analyzing Syahrur's philosophical and linguistic approaches to religious texts to reinterpret traditional views on marriage and divorce, which can contribute to a more nuanced understanding of contemporary marital challenges Specifically, this study examines how Syahrur's emphasis on gender equality and justice within Islamic frameworks can offer practical guidance for young Muslim women navigating modern societal pressures and marital complexities Furthermore, it explores how a deeper understanding of Syahrur's methodology can empower these students to critically engage with prevailing patriarchal norms that often contribute to marital instability, offering an alternative framework for fostering resilient and equitable marital relationships The findings are expected to provide insights into developing an educational curriculum that integrates Syahrur's progressive interpretations, thereby equipping santriwati with the intellectual tools to address the root causes of divorce, such as financial instability, unequal gender roles, and dysfunctional communication, prevalent in contemporary Indonesian society .
SINKRETISME HUKUM ISLAM DAN HUKUM ADAT DALAM TRADISI MAHAR SEKATI MESA TEDONG DI KALUKKU SULAWESI BARAT safriani, laela
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/hzs99707

Abstract

This article examines the syncretism between Islamic law and local customary norms in the dowry tradition of Sekati Mesa Tedong in Kalukku District, West Sulawesi. This dowry practice serves not only as a symbol of responsibility and respect toward the bride but also as a reflection of the community’s cultural identity, with its form and value shaped by inherited customary norms. The study aims to analyze the forms of Sekati Mesa Tedong, explore the perspectives of the community and religious leaders on the integration of customary values and Islamic legal principles within the tradition, and evaluate its conformity with Islamic law. The research employs a qualitative approach using a juridical-empirical method through observation, interviews, and documentation.The findings indicate that Sekati Mesa Tedong is practiced in two forms: the original form, consisting of a roll of kaci cloth and a buffalo, and an adapted form involving money, land, or other valuable items agreed upon by both parties. Community members and religious leaders view this tradition as a harmonious blend of adat and Islamic teachings, as long as it is based on sincerity and does not impose an excessive burden on the groom. From the perspective of Islamic law, the Sekati Mesa Tedong tradition does not conflict with the Sharia, as it upholds the principles of mutual consent (taradhi), fairness, and deliberation, thereby illustrating a form of legal syncretism that reflects the integration of religious values and local cultural norms.
DAMPAK KERJA LEMBUR SUAMI PADA PEMENUHAN NAFKAH BATIN ISTRI MASYARAKAT BATU LAYAR: ANALISIS HUKUM KELUARGA ISLAM BERBASIS STUDI KASUS Cahyadi, Goliz; Husaini, Akhmad
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/vpd4yv61

Abstract

This study aims to analyze the impact of husbands’ overtime work on the fulfillment of wives’ emotional and spiritual needs (nafkah batin) from the perspective of Islamic family law, with a case study in Batu Layar Village, West Lombok Regency. The social dynamics in this tourism-based community show that the high frequency of overtime work affects the emotional harmony of families. Using a qualitative descriptive method, data were collected through field observation and in-depth interviews with seven respondents. The findings reveal that overtime work has a dual effect: it strengthens the family’s economic stability but reduces emotional attention, communication, and marital intimacy. From the standpoint of Islamic law, this situation constitutes taqsir (relative neglect) when the husband fails to maintain a balance between material and spiritual obligations, in accordance with the principle of mu‘āsyarah bil ma‘ruf (living together in kindness) in QS. An-Nisa’: 19. Indonesian positive law, through Law No. 1 of 1974 and the Compilation of Islamic Law, likewise obliges husbands to fulfill both material and spiritual needs proportionally. This research recommends religious and communicative solutions grounded in spiritual awareness to preserve marital harmony amid modern economic pressures
PANDANGAN MAQASHID SYARIAH TERHADAP PENGGUNAAN APLIKASI KENCAN ONLINE TINDER DALAM MENENTUKAN PASANGAN HIDUP: STUDI KASUS REMAJA MUSLIM JEMBER Nurhakim, Ghufron; Wicaksono, Triadi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/6rxnh114

Abstract

The development of digital technology has changed the way Muslim teenagers look for life partners, including through online dating apps such as Tinder. This study aims to analyze the concept of partner selection in Islam, the practice of using the Tinder app by Muslim teenagers in Jember, and the views of Maqashid Syariah on this phenomenon. The study uses a qualitative method with a descriptive case study approach through surveys, interviews, observation, and literature studies. The results show that Islam teaches partner selection through ta'aruf by considering religion, morals, family, and environment. Muslim teenagers in Jember use Tinder to expand their social network and find partners through stages of self-introduction, sharing personal information, getting to know each other deeply, and finally determining the relationship. However, the Maqasid Syariah analysis shows that the use of Tinder contradicts the five basic principles of Sharia: Hifz ad -Din (preserving religion), Hifz an-Nafs (preserving the soul), Hifz al-Aql (preserving reason), Hifz an-Nasl (preserving offspring), and Hifz al-Mal (preserving wealth). The study concludes that Muslim teenagers in Jember should avoid this application and choose methods that are in line with Islamic values in finding a life partner.
ECONOMIC DETERMINANTS OF DIVORCE IN KUDUS REGENCY: A SOCIO-JURIDICAL ANALYSIS OF ISLAMIC FAMILY LAW Mutho`, Izzul; Rozak , Abdul; Muhammad Rizal Khoirul Umam3
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/17arn337

Abstract

Divorce cases in Kudus Regency show a worrying upward trend, primarily driven by economic factors. Economic hardship contributes significantly to the annual increase in divorce cases. This study examines the high divorce rate in Kudus Regency with a specific focus on analyzing economic factors as the main determinant. This research employs a qualitative field study method with a socio-juridical approach, collecting data through interviews, observations, and analysis of case documents at the Kudus Religious Court. The findings delineate two categories of economic causes: internal factors (husband's failure to provide support, debt burden, and wife's excessive demands) and external factors (slowdown in the raw material processing industry leading to unemployment and unstable income). The study concludes that economic factors are a critical determinant of divorce in Kudus. The findings contribute significantly to the discourse of Islamic family law by proposing that strengthening household economic resilience is a crucial policy recommendation for divorce prevention.
REINTERPRETING THE HADITH OF ‘AISYAH IN THE CONTEXT OF EARLY MARRIAGE: A MAQĀṢID AL-SHARĪ‘AH AND LEGAL ANALYSIS IN INDONESIA Yusuf, Waliyuddin; Nur Laili Hidayati; Masruhan; Nurlailatul Musyafaah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/zk28y336

Abstract

The phenomenon of early marriage remains a complex social and legal issue in Indonesia, reflecting the gap between religious texts, legal regulations, and societal realities. This research departs from the debate on the hadith of the Prophet Muhammad's marriage to 'Aisha ra. which is often used as a justification for the practice of child marriage. The purpose of this research is to critically analyze the hadith through a socio-historical approach and maqāṣid al-sharī‘ah, and review its conformity with the provisions of Indonesian positive law. The research method used is normative legal research - perspective and qualitative study through literature analysis of the hadiths in Kutub al-Sittah, the views of classical fuqaha, and national legal policies such as Law No. 16 of 2019. The results of the study show that classical scholars permit al-saghirah marriage based on historical context, but contemporary scholars emphasize the need for contextual interpretation for the sake of child protection. The maqāṣid al-sharī‘ah approach emphasizes the importance of principles and maslahah to prevent physical and social harm. From a positive legal perspective, changing the marriageable age limit to 19 represents a harmonization of Islamic law and the principle of children's rights. This study concludes that the hadith of 'Aisyah should be understood as historical fact, not normative legitimacy, and emphasizes the need for adaptive and just Islamic legal ijtihad regarding the protection of children and families

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