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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
STRATEGI PENGADILAN AGAMA SOREANG DALAM MENGOPTIMALKAN PELAYANAN SIDANG KELILING PASCA IMPLEMENTASI INPRES NO. 1 TAHUN 2025 TENTANG EFESIENSI Ahmad Rojak Lahabato; Aden Rosadi; Burhanuddin
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/m2gktw44

Abstract

This study aims to examine the implementation of Presidential Instruction No. 1 of 2025 on the allocation and realization of the mobile court budget, analyze the factors that support and hinder efficiency, and develop strategies for the Soreang Religious Court in supporting the quality of the mobile court program. This research uses an empirical juridical approach and descriptive methods, with primary data from interviews with court officials and secondary data from institutional documents and legal literature. This research found that the efficiency policy has resulted in a reduction in the frequency of mobile court sessions and a more efficient schedule. Mobile court sessions were successfully implemented due to supporting factors, including leadership commitment, information technology integration, and inter-agency synergy, while the obstacle was the lack of community participation in mobile court sessions, with people preferring to attend sessions at the court building. Cooperation with local governments and the Religious High Court has created a strategy that balances administrative efficiency and substantive justice, which is a finding of this study, particularly in court governance based on public interest.
ANTARA FORMALITAS DAN REALITAS BIMBINGAN PERKAWINAN DALAM MEMBANGUN RUMAH TANGGA BERKUALITAS ANALISIS TEORI SISTEM HUKUM LAWRENCE M. FRIEDMAN DI KUA KECAMATAN WEDI Anisa Fitri Rohimah; Andi Wicaksono
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: 10.46773/4eftq953

Abstract

Marriage Guidance (Bimwin) is a premarital guidance program designed to equip prospective brides and grooms in building a quality household. This study analyzes the implementation of Bimwin at the Religious Affairs Office (KUA) in Wedi District, Klaten Regency, by examining the gap between the program's objectives and the reality of its implementation. The study used a descriptive qualitative approach through observation, interviews with organizers, facilitators, participants, and alumni of Bimwin, as well as documentation studies. Data analysis was conducted using the Miles and Huberman model within the framework of Lawrence M. Friedman's legal system theory. The results indicate that Bimwin has been implemented, but has not been running optimally due to time constraints, participant work permit constraints, and material compression, so it tends to function as a policy formality. This study enriches the discourse on the effectiveness of family policy by emphasizing that Bimwin's effectiveness is determined by the integration of legal structure, policy substance, and participants' legal culture. The implications of this study indicate the need for reformulation of Bimwin's implementation that is more oriented towards strengthening substantive aspects and internalizing family guidance values.
FASHAKH NIKAH DUE TO DEFECTS (‘AIB): ANALYSIS OF CRITERIA AND LEGAL IMPLICATIONS ACCORDING TO WAHBAH AZ-ZUHAILI Berliano Arrasyid; Irfan Zulfikar; Muhammad Hafis; Mardiana
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: 10.46773/31t65t69

Abstract

This study analyzes Wahbah Al-Zuhaili's views on defects (‘aib) as grounds for fasakh (annulment of marriage) and their relevance to the Compilation of Islamic Law (KHI). A literature review of Al-Fiqh al-Islami wa Adillatuhu reveals that Al-Zuhaili rejects limiting ‘aib to the traditional list. He innovatively develops two criteria: functional (defects that hinder the essential objectives of marriage, such as conjugal relations) and harmonization (defects that cause harm, revulsion, or destroy marital tranquility/sakinah). This maqasid-based approach implies an expansion of the right to khiyar al-‘aib and clarity in legal consequences, including the status of irrevocable divorce (talak bain), stipulations on dowry, and the possibility of compensation. In a contemporary context, this framework is relevant for accommodating modern chronic illnesses such as HIV/AIDS or severe mental disorders that undermine the foundation of marriage. A comparative analysis with the KHI reveals a principled alignment in Article 75, yet a procedural divergence: the KHI emphasizes formal court proceedings, whereas Al-Zuhaili prioritizes restorative justice. These findings recommend employing Al-Zuhaili's thought as an analytical lens for the progressive interpretation of the KHI, enabling Indonesian Islamic family law to be more responsive and equitable in resolving contemporary marital disputes arising from defects.
PRAKTIK PENGANGKATAN ANAK DI KABUPATEN PACITAN: IMPLIKASI ADMINISTRASI KEPENDUDUKAN TERHADAP PERWALIAN NIKAH DALAM PERSPEKTIF FIQH MUNAKAHAT Doni Isroyan; Izzul Mutho`
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: 10.46773/34k46t59

Abstract

This study analyzes child adoption practices in Pacitan Regency and its implications for marriage guardianship from a Fiqh Munakahat perspective. The primary focus is the administrative recording of adoptive parents' names in birth certificates, which potentially obscures a child's lineage (nasab). Through qualitative field research at the Pacitan Civil Registration Office, Religious Court, and Arjosari Religious Affairs Office, it was found that the Civil Registration Office employs a "marginal note" (catatan pinggir) policy to maintain the authenticity of the child's origins based on court decrees. Sociologically, legal awareness for formalizing adoption remains low in Pacitan, as most cases are handled informally due to economic or educational factors. In Fiqh Munakahat, adoption does not automatically grant marriage guardianship rights to adoptive parents; these rights remain with the biological guardian (wali nasab) as stipulated in Surah Al-Ahzab verse 5. The marginal note policy is considered a form of maslahah mursalah that upholds the principle of hifdz al-nasab for the validity of marriage under Sharia law. Keywords:  Child Adoption; Birth Certificate; Marriage Guardianship; Fiqh Munakahat; Pacitan Regency.  
RELASI EMOSIONAL NON-FISIK PEREMPUAN DALAM MASA IDDAH DI ERA MEDIA SOSIAL ANALISIS MAQASID AL-SYARI’AH DAN SADD AL-DZARI’AH Yusita Tri Andani; Muhammad Zainuddin Sunarto
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/drw5ad29

Abstract

This study examines the phenomenon of non-physical infidelity through social media among women undergoing the iddah period, an issue that has developed along with the rapid development of digital technology. The purpose of this study is to analyze the forms of non-physical infidelity of women during the iddah period, the Islamic legal perspective on this phenomenon, and its impact on the objectives of iddah and the chances of reconciliation. This study is a normative-maqasid legal study with a textual approach, using secondary data analyzed through descriptive-analytical content analysis methods. The results show that women undergoing the iddah period are not permitted to interact digitally with non-mahram men without urgent reasons, because it can damage honor and reduce the chances of reconciliation. Non-physical infidelity, even though it does not involve physical contact, can damage the moral values ​​and sanctity of the iddah period. This study presents a methodological novelty by linking the phenomenon of non-physical emotional relationships on social media with the sadd al-dzari'ah approach as a preventive instrument in Islamic law.
PENGESAHAN ANAK ZINA MENURUT PUTUSAN MAHKAMAH KONSTITUSI DALAM PERSPEKTIF MAQASHID SYARIAH Hamdah Faridah; Muhamad Mustahal; Fathudin
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/aqvsdf30

Abstract

Constitutional Court Decision Number 46/PUU-VIII/2010 is the state's legal response to the need for legal protection for children born out of wedlock. This decision expands the civil relationship between illegitimate children and their biological fathers based on scientific evidence, without being intended as a validation of Islamic lineage. This study aims to analyze the legal implications of this decision in the national legal system and examine it through the perspective of Maqashid Syariah, specifically the balance between the protection of the child's life and rights (hifz al-nafs) and the protection of descendants (hifz al-nasl). The method used is normative legal research with a statutory and conceptual approach, accompanied by an analysis of the ratio decidendi of the Constitutional Court decision. The results of the study indicate that the expansion of civil relationships is a form of legal responsibility of biological fathers and is not identical to the determination of lineage in Islamic law. Through the Maqashid Syariah approach, this decision can be understood as a state legal ijtihad to protect children's rights without violating the basic principles of Islamic lineage..
INTERNALISASI NILAI TEPUK SAKINAH DALAM MEMBANGUN KEHARMONISAN KELUARGA: STUDI PADA PASANGAN BARU MENIKAH DI JEMBER Abdurrahman Mahmud; Emha Aminullah
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/h9qm3h29

Abstract

This study investigates the implications of Tepuk Sakinah premarital education for family harmony among newly married couples in Jember City. Employing a qualitative approach with a case study design, data were obtained through in-depth interviews with couples who had attended premarital counseling programs and were analyzed using thematic analysis. The results reveal that Tepuk Sakinah does not merely serve as an ice-breaking activity, but functions as a medium for internalizing core Islamic marital values, namely zawaj, mitsaqan ghaliza, mu’asyarah bil ma’ruf, deliberation (musyawarah), and tarāḍhīn. These values are internalized in early marital life through dialogical communication, emotional bonding, heightened awareness of marital commitment, and mutual acceptance of spousal differences. The primary implication of this internalization is the strengthening of family harmony, which is conceptualized not as the absence of conflict, but as couples’ ability to manage relational dynamics and conflicts constructively. The novelty of this study lies in demonstrating that a symbolic and participatory premarital education method, integrated with a meaningful communication (deep talk) approach, can generate sustainable effects on early marital relationships. This study underscores the need to develop premarital education models that are communicative, contextual, and grounded in religious values
OPTIMALISASI PERLINDUNGAN HAK EKONOMI ISTRI PASCA PERCERAIAN MELALUI KEWENANGAN EX OFFICIO HAKIM: STUDI KASUS DI PENGADILAN AGAMA SURABAYA Ahmad Ifril Aufia Shonhaji; Bashori Alwi
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/skbv7v29

Abstract

The application of the ex officio authority of Religious Court Judges (PA) is a progressive effort to optimize the protection of wives' economic rights post-divorce, particularly nafkah iddah (maintenance during the waiting period), responding to the empirical gap where wives often fail to claim their rights. This study analyzes the implementation of ex officio authority by PA Surabaya Judges, focusing on a comparative mechanism of imposing nafkah iddah in both cerai talak (husband-filed divorce) and cerai gugat (wife-filed divorce) cases, including an analysis of case number 5221/pdt. G/2025/PA. Sby. An empirical juridical approach is used to examine the philosophical basis of Article 4 Paragraph (2) of the Judicial Power Law as an exception to the conventional ultra petitum principle. The findings indicate that in cerai talak, ex officio functions as the enforcement of the husband’s absolute obligation. Conversely, in the cerai gugat case 5221/pdt. G/2025/PA. Sby, the application of ex officio represents a form of judicial activism based on SEMA Number 3 of 2018 to grant economic rights (including nafkah iddah IDR 1,500,000.00 and mut’ah IDR 500,000.00) even though the Plaintiff did not claim them, after confirming she was not nusyuz. PA Surabaya also integrated an innovative execution mechanism through the suspension of Surabaya City Government public services. It is concluded that this practice successfully bridges the legal and empirical gaps, but the optimization of protection requires standardizing the SEMA 3/2018 jurisprudence into a PERMA to ensure stronger legal certainty.
HOBI REKREASIONAL DAN KETAHANAN KELUARGA MUSLIM: ANALISIS FUN FOOTBALL DALAM PERSPEKTIF HUKUM KELUARGA ISLAM STUDI KASUS JUVENTUS BOYOLALI Muhammad Ayub Afiffudin; Kurniadi
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/wp7d0k25

Abstract

This study examines the relationship between the hobby of recreational football and household harmony among Muslim families in the Juventus Boyolali community. The primary concern lies in the potential distortion of domestic relationships resulting from unmanaged recreational activities. Using a qualitative case study approach, data were collected through interviews, observations, and documentation, then analyzed using Miles and Huberman’s model and validated through triangulation. The findings indicate that recreational football does not inherently have a negative impact. On the contrary, the activity can support physical health, mental well-being, and family emotional stability when managed through proportional time allocation, open communication, and clear prioritization of obligations. The novelty of this research lies in exploring contemporary amateur sports as a tool for strengthening family resilience, rather than merely as a physical activity. The theoretical contribution enriches studies in Islamic Family Law and Muslim Family Sociology by integrating the values of mas’ūliyyah (responsibility) and mu‘āsyarah bi al-ma‘rūf (proper social conduct) in managing the husband’s private space (third space). The study concludes that household harmony is determined by relational maturity and internalization of Islamic values, rather than the mere presence of hobbies.
MULTI PERAN PEREMPUAN GENERASI SANDWICH DALAM MENJAGA KEHARMONISAN RUMAH TANGGA PERSPEKTIF MAQASHID SYARIAH Fatimah Azzahra Pardiani; Muhsan Syarafuddin
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/dx9pad39

Abstract

Women are increasingly active in both public and domestic spheres in the modern family. This condition is driven by increasing family living costs, including the responsibility of supporting parents. Such circumstances are closely related to the “sandwich generation” phenomenon, which refers to individuals who simultaneously care for their parents and children. This study aims to identify the factors influencing the multiple roles of sandwich generation women and to analyze the contribution of Islamic values in maintaining household harmony. This research employs a descriptive  qualitative method. This study reveals that economic pressures are the primary factor underlying the multiple roles assumed by women within the sandwich generation. To maintain harmony within the household, sandwich generation apply various strategies, including practicing religious principles, maintaining open communication,  flexibility in role distribution, managing emotions, and resolving conflicts. Furthermore, an analysis based on maqashid al-shari’ah shows that the multiple roles performed by sandwich generation women are consistent with the objectives of Sharia, namely hifz al-din, hifz al-nafs, hifz al-mal, hifz al-‘aql, and hifz al-nasl. Normatively, these findings indicate that the multi-role practices of sandwich generation women align with the goals of Sharia in achieving benefit and preventing harm, thereby supporting household harmony.

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