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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
KETIDAKEFEKTIFAN PENCEGAHAN PERNIKAHAN DINI DI INDONESIA: ANALISIS SISTEM HUKUM LAWRENCE M. FRIEDMAN Muhammad Affan; 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/gxf5zd52

Abstract

This study examines the effectiveness of efforts to prevent early marriage in Indonesia, which remains a serious problem due to its impact on social, health, educational, and child rights protection aspects. Although the government has implemented regulatory reforms through revisions to the Marriage Law and strengthened prevention policies, the practice of child marriage continues to occur in various regions. The analysis was conducted using Lawrence M. Friedman's Legal System Theory perspective, which emphasizes the relationship between legal substance, legal structure, and legal culture. This study is a normative legal study with a conceptual approach supported by a literature review of primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials in the form of scientific literature, journals, and official reports. Data were analyzed qualitatively and prescriptively by assessing the alignment between legal norms, the performance of law enforcement agencies, and the condition of the legal culture of society. The results of the study indicate that the legal substance has developed progressively through the establishment of a minimum age for marriage and supporting regulations. However, the effectiveness of its implementation is still hampered by weaknesses in the legal structure, particularly in the inconsistent practice of granting marriage dispensations, as well as the legal culture of society that still tolerates early marriage. The lack of synchronization of these three elements has resulted in prevention efforts not being optimal
PENERAPAN NORMA HUKUM NAFKAH IDDAH DALAM PERKARA CERAI GUGAT: ANALISIS RATIO DECIDENDI PUTUSAN HAKIM PENGADILAN AGAMA Nur Aini Asri Devi; Ali Khosim; Riyan Ramdani
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: 10.46773/8m06zy16

Abstract

Iddah alimony is a post-divorce right received by the wife. Iddah alimony due to talaq is specifically regulated in Article 149 of the Compilation of Islamic Law (KHI), while the regulations on ifdah alimony for divorce have not been explicitly contained in a regulation. Because of this gap, the government issued SEMA No. 3 of 2018 as a regulation to protect the rights of wives in divorce lawsuits. However, instead of applying SEMA a quo in legal considerations, the council of judges in several judgments of iddah alimony divorce prefer to use articles 149 of the Code of Civil Code or 152 of the Code of Civil Procedure, even though the two articles normatively only apply to the consequences of talaq. The purpose of this study is to find out the practice of applying the norm of iddah alimony by judges in the Religious Court in the divorce decree and analyze its conformity with the applicable positive law. The research method used is normative legal research that focuses on examining the rules and norms of law in positive law. The results of the study show that the application of articles 149 and 152 of the KHI is not appropriate in adjudicating the maintenance of the divorce lawsuit, and has violated the principle that the decision must contain a correct and appropriate legal basis or reason as contained in article 50 paragraph 1 of Law Number 48 of 2009 concerning Judicial Power. This research is expected to be an input for judges in religious courts regarding the application of legal norms of alimony, and as a new breakthrough for lawmakers to form regulations regarding the legal consequences of divorce lawsuits.
PERLINDUNGAN HUKUM TERHADAP PERKAWINAN TIDAK TERCATAT DALAM ADMINISTRASI KARTU KELUARGA DI INDONESIA Umilia Zakiatuz Zahro Umilia; 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/q1gzr061

Abstract

Marriage registration is a crucial legal mechanism to ensure legal certainty and protection for Indonesian citizens as mandated by Law Number 1 of 1974. However, in practice, unregistered marriages remain widespread due to social and economic factors, leading to legal problems particularly for wives and children concerning rights to maintenance, inheritance, and population documents. This study aims to analyze the urgency of marriage registration and evaluate the policy of including the "Unregistered Marriage" status on the Family Card as regulated by the Minister of Home Affairs Regulation Number 108 of 2019. Using a normative juridical method with a literature review approach, this research identifies between administrative policies that facilitate the inclusion of unregistered marriage status through a Statement of Absolute Responsibility (SPTJM) on one hand, while on the other hand, such policies have not yet guaranteed substantive legal protection for women and children. Critical analysis of the normative disharmony between the administrative convenience offered by Minister of Home Affairs Regulation Number 108 of 2019 and the principle of legal certainty in the Marriage Law, as well as its impact on long-term protection for wives and children. The findings reveal that although this policy facilitates access to public services administratively, the research implications emphasize the need for more comprehensive regulatory reinforcement so that legal protection is not merely administrative in nature.
FENOMENA CHILDFREE DAN IMPLIKASINYA TERHADAP MAQASHID SYARIAH Hazmi Naufal Rosyad; 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/byrada59

Abstract

The childfree phenomenon, defined as the deliberate decision not to have children, has emerged as a significant discourse within modern society, particularly in Indonesia, where cultural and religious values emphasize the importance of family and offspring. In Islamic thought, procreation serves not only a biological function but also plays a crucial role in ensuring the continuity of faith, morality, and the civilization of the Muslim community. This study aims to analyze the childfree choice through the lens of maqāṣid al-sharī‘ah, with a specific focus on the principle of ḥifẓ al-nasl (preservation of lineage). This research employs a qualitative-normative method with a descriptive-analytical approach, examining classical Islamic jurisprudence sources and contemporary scholarly works. The findings indicate that the childfree decision may be considered permissible in Islam when justified by valid reasons, such as safeguarding life, protecting mental health, and addressing rational family welfare considerations, provided that such decisions are temporary. However, permanent rejection of procreation without legitimate reasons, particularly when driven by individualistic or hedonistic ideologies, contradicts maqāṣid al-sharī‘ah, especially the principle of ḥifẓ al-nasl, as it undermines generational continuity and the foundational structure of the Muslim family. Therefore, the Islamic perspective emphasizes a balance between individual autonomy and moral–social responsibility in maintaining the sustainability of the ummah.
KONSTRUKSI SOSIAL PERNIKAHAN ANTAR SUKU DALAM MASYARAKAT MUSLIM INDONESIA ANALISIS HUKUM ISLAM DAN BUDAYA LOKAL Najmus Shobah Al-mutanaffas; 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/zhnpdj29

Abstract

The social construction of interethnic marriage by analyzing how customary norms, cultural practices, Islamic law, and principles of legal philosophy interact in shaping the social legitimacy of such marriages in Indonesia. The purpose of this research is to understand how society interprets values, norms, and cultural identities in interethnic marriage practices, as well as how the philosophical foundations of law such as justice, freedom, and public benefit provide normative support for their acceptance. Using a qualitative approach through literature analysis, the study finds that interethnic marriage produces a dual social construction: it is viewed both as a form of social integration and as a source of cultural resistance related to lineage, adherence to customary norms, and group identity. Customary law functions as a strong social regulator through rituals, symbolic values, and social sanctions, while Islamic law permits interethnic marriage as long as the fundamental legal conditions of marriage are fulfilled. Philosophically, however, law requires a balance between respecting tradition, ensuring substantive justice, and protecting individual rights to choose a spouse. Field findings show that value conflicts regarding gender roles, communication patterns, and childrearing practices demand continuous social and ethical negotiation. Overall, interethnic marriage represents an arena where traditional values and legal philosophical principles converge, requiring harmony between culture, legal norms, and family welfare.
KEHAMILAN REMAJA DI FILIPINA: PERSPEKTIF HIFZ AN-NASL TENTANG KEGALALAN STRUKTURAL DAN HUKUM Abdul Fatah
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/ftca6q43

Abstract

This article critically examines whether the national legal framework and prevailing social structure in the Philippines align with the principle of protecting future generations as a fundamental objective of law, viewed through the lens of hifz an-nasl. It argues that teenage pregnancy constitutes a concrete indicator of systemic failure in safeguarding future generations and cannot be sufficiently addressed through reproductive health interventions or formal legal reforms alone. The study employs a library research method with a socio-legal approach, drawing on data from 2020-2025 published by the Philippine Statistics Authority, the Commission on Population and Development, the World Health Organization, the United Nations Population Fund, relevant national regulations, and academic literature on socio-economic conditions and child protection. The findings identify structural disparities and weak law enforcement as core determinants of early pregnancy. Poverty, gender inequality, unequal power relations, and limited access to education and reproductive health services generate layered vulnerabilities, including a shift toward child pregnancy that signals the dysfunction of state preventive mechanisms against sexual violence and exploitation. Despite existing legal frameworks, weak implementation and institutional fragmentation reveal a significant policy gap. From a hifz an-nasl perspective, this reflects an intergenerational protection failure with multidimensional consequences. Theoretically, this study contributes by repositioning hifz an-nasl as a normative-critical framework for evaluating contemporary public policies related to child protection and reproductive health.
KEBIJAKAN PENUNDAAN PERNIKAHAN SUAMI DALAM MASA IDAH ISTRI: STUDI IMPLEMENTASI DI KUA MASARAN DALAM PERSPEKTIF MAQĀṢID JASSER AUDA Sindi Septiana; Suciyani
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/abzab413

Abstract

The issuance of Circular Letter Number P-005/DJ.III/HK.00.7/10/2021 concerning Marriage during the Wife's Waiting Period has caused legal uncertainty due to inconsistent implementation in various Religious Affairs Offices (KUA). This study seeks to examine how the circular letter is implemented in the Masaran Subdistrict KUA and review it from the perspective of Jasser Auda's contemporary Maqāṣid al-syarī‘ah. This study uses a qualitative method with a legal-empirical orientation, in which data is obtained directly from the field through interviews, document reviews, and literature exploration. This study found that the Masaran Subdistrict KUA consistently implements this circular letter as an administrative guideline for marriage registration, even though it realizes that this policy has no legal binding force. From the perspective of Jasser Auda's Maqāṣid al-syarī‘ah, this implementation reflects an orientation towards purposefulness and efforts to maintain public interest, particularly in realizing administrative order and legal certainty in marriage. This research contributes theoretically to the development of contemporary maqāṣid studies in administrative law, as well as providing practical contributions to policymakers regarding the legitimacy of administrative policies within the framework of Islamic law.
PENYEBAB PENUNDAAN PERNIKAHAN PADA KALANGAN MILENIAL ANALISIS MASLAHAH MURSALAH M. Habib Fadhila; Eko Hidayat; Ahmad Burhanudin
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/dcpty652

Abstract

This study examines marriage delay among Millennials in Bandar Lampung City through the lens of maslahah mursalah. Globalization fosters individualistic values, prioritizing career, financial independence, and personal achievement, alongside economic pressures like high living costs, inflation, and post-pandemic uncertainty. Statistics Indonesia (BPS) data reveals rising average marriage ages, clashing with Islamic sunnah's goals of tranquility (sakinah) and pious offspring.Employing qualitative methods interviews, observations, and Miles-Huberman analysis the research identifies marriage delay as potential maslahah hajiyyah, safeguarding family well-being (hifẓ al-māl) and rational self-determination (hifẓ al-‘aql), provided it remains moderate and avoids endangering lineage preservation (hifẓ an-nasl). Prolonged delays, however, risk harms like declining birth rates and loneliness. The study concludes a tension between Islamic teachings and modern realities demanding holistic readiness. Maslahah mursalah resolves this by balancing jalb al-maṣāliḥ (benefits of independence) and dar’ al-mafāsid (averting long-term harms). This contributes to contemporary ijtihad in Indonesia, reinforcing marriage as a sacred, peaceful institution amid globalization's dynamics.
PROBLEMATIKA HUKUM TANAH MASJID TANPA SERTIFIKAT DAN IKRAR WAKAF: STUDI KASUS MASJID AL UKHUWWAH PANYILEUKAN. Fajri Rizki Fathony; Lena Ishelmiany Ziaharah; Ahmad Damiri
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/a9tt2585

Abstract

The use of land as a mosque in community practice is often carried out without a clear legal status regarding ownership, transfer of rights, or a valid waqf pledge (ikrar wakaf), which may lead to legal uncertainty and potential disputes, particularly when the land originates from third parties or private legal entities. This study aims to analyze the juridical status of the land of Al Ukhuwwah Mosque in Panyileukan, which has factually been used as a public place of worship but is not supported by a Waqf Pledge Deed (Akta Ikrar Wakaf) or a valid legal basis for the transfer of land rights. The analysis is based on the theory of legal certainty to assess the extent to which the absence of a legal basis for the transfer of rights affects the legal protection and recognition of mosque land, both under positive law and Islamic law. This research employs an empirical juridical approach with a descriptive analytical method. Data were collected through interviews, field observations, and documentation studies, and were analyzed by linking empirical facts with the legal provisions on waqf and the principles of Islamic family law. The results show that the land of Al Ukhuwwah Mosque is legally not categorized as waqf land and is still recorded as an asset of a private legal entity, indicating that its control is de facto rather than de jure. The main issue lies in the absence of a legal basis for the transfer of land rights, resulting in the lack of legal certainty over the mosque land and the potential for disputes in the future.
METODOLOGI PEMIKIRAN KEWARISAN MAULANA SYEKH ZAINUDDIN ABDUL MADJID: INTEGRASI BAYANI DAN MAQASIDI DALAM KONTEKS SOSIAL MASYARAKAT SASAK Tuti Munawarah; Andi St Nur Azizah Akram
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: 10.46773/79qrx853

Abstract

This study examines the methodology of the inheritance of Maulana Sheikh Zainuddin Abdul Madjid in the context of the Sasak Lombok community. The focus of the research is directed at methodological character analysis that combines the bayani approach that relies on the text of the Qur'an, hadith, and ijma' with a maqasidi approach that considers social benefits. This research uses a qualitative method with a library research approach, through an analysis of the main works of Maulana Sheikh, especially Tuhfah al-Zainiyyah and other supporting literature. The results of the study show that normatively Maulana Shaykh affirmed the distribution of inheritance based on furudh al-muqaddarah as stated in Surah An-Nisa verses 11–12. However, in social practice, Maulana Sheikh offers a grant pattern as a transitional solution for people who have not fully accepted the faraidh system formally. This pattern reflects the integration between textual legitimacy (bayani) and consideration of benefits (maqasidi) applied contextually in Sasak society. The contribution of this research lies in the affirmation of the methodological character of Maulana Shaykh's inheritance thought as an integrative model between normative texts and local social realities, which enriches the study of Islamic family law based on local wisdom. 

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