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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. 2 (2026): April" : 32 Documents clear
KELALAIAN SUAMI DALAM MENAFKAHI ISTRI KARENA PERILAKU KONSUMTIF: ANALISIS HUKUM ISLAM DI KELURAHAN LANGKAPURA BARU,KOTA BANDAR LAMPUNG Sherina Kairunnisa Rusman; Zikri; Ahmad Ikhwani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/r4nc1x50

Abstract

This research is motivated by the phenomenon of neglecting livelihood in households when husbands prioritize consumptive behavior such as collecting luxury goods over meeting family needs. This study aims to analyze the forms of neglect of livelihood that arise due to disproportionate use of assets, and examine the consequences and status from an Islamic legal perspective. The study was conducted using a descriptive qualitative approach to understand the social, economic, and dynamic conditions of families experiencing neglect of livelihood due to consumptive behavior. The results show neglect of basic family needs, a gap in perception between husband and wife regarding the fulfillment of livelihood, and the emergence of psychological stress and household disharmony. From an Islamic legal perspective, these actions fall into the categories of taqsir (negligence) and isrāf (wastefulness), which contradict the principle of qiwāmah and the objectives of sharia in protecting life and property. In conclusion, consumptive behavior that results in neglect of livelihood not only violates religious provisions but also has the potential to harm family welfare. Therefore, understanding livelihood priorities and strengthening education on financial management according to Islamic values ​​is essential
KONTEKSTUALISASI MENJAGA KETURUNAN DALAM PERNIKAHAN TERHADAP FENOMENA CHILDFREE Ai Samrotul Fauziah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/7nkn1c67

Abstract

This study analyzes the childfree phenomenon in relation to the Islamic concept of preserving lineage (ḥifẓ al-nasl) as one of the main purposes of marriage. The research employs a qualitative method with a library research approach and descriptive–narrative analysis. Data were obtained from scholarly literature, accredited journals, and relevant Islamic legal documents. The findings indicate that the decision to be childfree is influenced by economic, social, cultural, and psychological factors that often contradict religious teachings and social norms in Indonesian society. From an Islamic perspective, preserving lineage is part of the maqāṣid al-sharī‘ah, which emphasizes the continuity of the ummah and demographic balance. This study recommends strengthening social policies, Islamic-based family education, and psychological support for productive-age couples to enhance their readiness for parenthood and maintain generational sustainability in the future.
The DYNAMICS AND SCIENTIFIC VISUALIZATION IN GENDER EQUALITY RESEARCH BASED ON ISLAMIC LAW: A BIBLIOMETRIC STUDY Muchammad Rosyiid; Lismawati Lismawati
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/t0hev192

Abstract

This study aims to analyze the dynamics and scientific visualization of gender equality research based on Islamic law using bibliometric methods. Drawing on data from Scopus comprising 144 documents, the research employs a quantitative approach to identify publication trends, author collaboration patterns, geographic distribution, institutional affiliations, and the main emerging themes in the literature. The analytical methods include co-authorship, co-occurrence, and bibliometric coupling, visualized using VOSviewer and Microsoft Excel. The findings reveal a significant increase in publication volume beginning in 2018, peaking in 2024. Indonesia emerges as the leading contributor to this field, followed by the United Kingdom, Malaysia, and the United States. The research focuses on themes such as gender equality, Islamic law, and family law, with strong connections to human rights issues and legal reform. Thematic mapping indicates that normative issues and women's rights are dominant topics, while areas such as Islamic inheritance and gender mainstreaming are positioned as either emerging or declining. This study contributes to the mapping of scientific publications and offers strategic recommendations to strengthen interdisciplinary collaboration, expand data coverage, and promote Islamic legal reforms that are more responsive to gender equality.
PERWALIAN ANAK DI LUAR PERKAWINAN DALAM PERSPEKTIF MAZHAB SYAFI’I DAN HANAFI: ANALISIS FIQH PERBANDINGAN DAN IMPLIKASINYA TERHADAP HUKUM KELUARGA ISLAM Aniqotul Fitriyah; Ita Rahmania Kusumawati
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/8fth4179

Abstract

Marriage according to Islam is an act of worship with a very strong contract to obey God's commands and carry them out with a chosen partner. This study discusses the guardianship of children born out of wedlock to determine whether they are related to their father or not by comparing the differences of opinion between the Shafi'i and Hanafi schools of thought. Using descriptive literature research and a qualitative approach, the researcher attempts to explain the differences between the Shafi'i and Hanafi schools of thought regarding the guardianship of children born out of wedlock. The Shafi'i school considers a guardianship as a valid pillar of marriage. Therefore, an illegitimate child who does not have a guardian through his father requires a legal guardian to marry him because he does not have a lineage to his biological father. On the other hand, the Hanafi school of thought states that a guardian is not an absolute requirement, so an adult and sane woman can marry herself without a guardian.
THE CONCEPT OF FIVE BREASTFEEDING IN DETERMINING MAHRAM RELATIONSHIPS AND ITS RELEVANCE IN THE MODERN ERA Widia Astuti; Ruslan Sangaji; Rika Afrinia Wulandari Syam; Hafilah Ramadani; Erzy Aurelia Maharani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/p7j8g863

Abstract

The formation of a mahram relationship through breastfeeding is a fundamental aspect of Islamic family law, carrying significant legal consequences, especially in relation to marital restrictions. This study aims to explore the notion of five instances of breastfeeding as a condition for establishing a mahram bond from a fiqh-based perspective and to assess its applicability in contemporary society. A combination of normative and sociological legal approaches is employed, utilizing a literature-based method that examines classical fiqh sources, Indonesian legal frameworks, and scholarly publications. The findings indicate that although the concept of five breastfeeding instances is broadly accepted among Islamic Mazhab, its practical application in modern settings remains complex, particularly regarding documentation and legal verification. Thus, a comprehensive legal framework that harmonizes Shariah principles with national legal systems is essential to ensure the legal clarity of breastfeeding-based mahram relationships, while also safeguarding lineage, marital regulations, and core family values.
REKONSTRUKSI KONSEP NUSYUZ DALAM HUKUM KELUARGA ISLAM: ANALISIS TASYRI’ DAN IMPLIKASINYA TERHADAP RELASI SUAMI-ISTRI Luluk; Rahmat Hidayat
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/xt7vkx08

Abstract

This study discusses Tasyri’nusyuz and the analysis of 'illat and maqashid shari'ah on the proof of nusyuz in the decision of the Sleman Religious Court, namely Number 1775/Pdt.G/2023/PA. Smn, Number 576/Pdt.G/2024/PA. Smn, and Number 1223/Pdt.G/2023/PA. Smn with the aim of knowing the legal considerations in assessing 'illat nusyuz and how the decision is reviewed using maqashid shari'ah. This research uses a qualitative method with a normative juridical approach and case studies. The data source used a copy of the Sleman Religious Court Decision Number 1775/Pdt.G/2023/PA. Smn, Number 576/Pdt.G/2024/PA. Smn, Number 1223/Pdt.G/2023/PA. Smn, Compilation of Islamic Law, the Qur'an, and literature related to titles. The results of the study show that the application of 'illat in proving nusyuz is strictly carried out by the judge, so that the status of nusyuz is only determined when the element of reinforcement of the wife's obligations is legally proven at trial. Based on the analysis of the sharia maqashid, in the decision of the Sleman Religious Court, namely Number 1775/Pdt.G/2023/PA. Smn, Number 576/Pdt.G/2024/PA. Smn, and Number 1223/Pdt.G/2023/PA. Smn achieved three maqashid shari'ah, namely hifz al-Nafs, hifz al-ird, and hifz al-Māl. Theoretically, in these findings the judge shows a form of ijtihad through limiting arbitrary nusyuz claims, through 'illat testing and the maqasid approach, so that nusyuz is not used as punishment, but rather as a form of justice.
MULTIPERAN PEREMPUAN DAN KETAHANAN RUMAH TANGGA: ANALISIS HUKUM ISLAM TERHADAP PRAKTIK PEREMPUAN MODERN Hanifah Vemilia Zia Azizah Sartono; Arif Husnul Khuluq
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/n3a6dz46

Abstract

Women are a key factor in maintaining household resilience. However, social developments in the modern era have given rise to the phenomenon of multiple roles among married women with children, which is often viewed as potentially disruptive to family stability. This study aims to analyze the impact of multiple roles on household resilience, the strategies employed to achieve household resilience, and the perspectives of Islamic law on this practice. This study employed a descriptive qualitative approach, with data collection techniques including interviews, observation, and literature review. The results indicate that women's multiple roles are not always detrimental to household integrity; instead, they can strengthen household stability provided they manage their roles effectively, manage their time effectively, and receive family support. From an Islamic legal perspective, multiple roles are permissible (mubah) as long as household obligations are met and in accordance with sharia. This research provides a legal basis for modern women to balance social and family roles. The primary contribution of this research lies in its empirically based study of modern women's practices, analyzed from an Islamic legal perspective, with a focus on strengthening household resilience.
FAMILY LAW REFORM IN TURKEY: ANALYSIS OF THE ROLE OF MUSTAFA KEMAL ATATÜRK THROUGH PIERRE BOURDIEU'S HABITUS THEORY FRAMEWORK Taufiq Ikram Ash Syidiqi; Rafi’aturrahman; Johari
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/yg8ace33

Abstract

This study aims to analyse the role of Mustafa Kemal Atatürk in the radical reform of family law in Turkey, which shifted from an Islamic legal system to a secular one. Using a normative-qualitative approach with a legislative and conceptual approach, data was collected from primary legal documents, historical archives, and relevant academic literature. Research findings indicate that Atatürk's success in enacting the Turkish Civil Code of 1926, which replaced the Ottoman Law of Family Rights (1917) and adopted the Swiss Civil Code, cannot be understood merely as an individual political decision. Using Pierre Bourdieu's theory of practice, formulated as (Habitus × Capital) + Arena = Practice, this study argues that Atatürk's reforms were a social practice shaped by the interaction between his personal disposition (habitus), accumulated capital (military, cultural, and symbolic), and the unique historical-political arena following the collapse of the Ottoman Empire. Substantive elements of reform included a total ban on polygamy, the institutionalisation of divorce through the courts, and the enforcement of equal inheritance rights between men and women. The study concluded that the secularisation of Turkish family law was a planned social engineering project, made possible by the convergence of Atatürk's modernist agency and a transformative historical arena.
LAVENDER MARRIAGE SEBAGAI KEKERASAN SEKSUAL PSIKIS DALAM HUKUM INDONESIA: REINTERPRETASI PASAL 4 UU TPKS MELALUI PERSPEKTIF HUKUM PROGRESIF Mufatihatuttaubah Rorom Ika Putri; Umi Sumbulah; Ahmad Izzuddin
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/1b9nqa87

Abstract

The practice of lavender marriage, which is motivated by one party's dishonesty regarding their sexual orientation, has significant psychological and social consequences for the couple. However, to date, there are no regulations that explicitly govern and provide legal protection against this practice, so it has not been dealt with optimally. This article aims to review legal regulations related to psychological sexual violence in order to formulate a direction for legal reform that can respond to the practice of lavender marriage. This study uses a normative-qualitative method with a document study approach to interpret Article 4 paragraph (2) letter d of the Sexual Violence Criminal Law (TPKS Law) through a progressive legal perspective. The results of the study show that this article can be interpreted more broadly as a form of psychological sexual violence that includes the practice of lavender marriage and various other forms of non-conventional sexual violence. Thus, the application of progressive law encourages the law not to stop at normative texts, but to function adaptively and humanistically in responding to the needs of substantive justice and realising justice and community welfare
ANALISIS MAQASID SYARIAH AL-SYATHIBI TENTANG KEWARISAN ANAK PEREMPUAN DALAM PERKAWINAN ADAT MISAN Ita Rahmania Kusumawati; Fahrurrozi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/p2texd96

Abstract

This study examines the practice of daughters' inheritance in the customary misan (endogamous) marriage in the Ssasak Tribe's aristocratic community using the perspective of the maqasid sharia of Imam al-Syathibi. The main focus of this study is to analyze the legality of customary misan marriage and its implications for daughters' inheritance rights, particularly restrictions on access to the family's principal assets. This study uses a qualitative approach with a literature study combined with a conceptual normative analysis of customary law, Islamic inheritance law, and the concept of maqasid sharia in the book al-Muwafaqat. The results show that customary misan marriage does not conflict with Islamic law because it is not included in the category of prohibited marriages. The practice of limiting the inheritance rights of noble daughters is understood as a customary mechanism to maintain the honor, lineage, and family assets so that they remain within one kinship line. From the perspective of maqasid sharia, this practice can be categorized as an effort to maintain the public interest which is included in the dharuriyyat needs, even though it has individual consequences. Thus, the inheritance system in customary marriages can be accepted as long as it does not violate the principles of Islamic law and remains oriented towards the welfare of the community

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