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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 206 Documents
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REKONSTRUKSI PEMAHAMAN HUKUM ISLAM TERHADAP PERNIKAHAN BEDA AGAMA: KAJIAN KRITIS ATAS KHI DAN FATWA MUI Jannah, Roikhatul; Nurcahyo, Satria Avianda
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1793

Abstract

This study aims to analyze the juridical-sociological review of the Compilation of Islamic Law (KHI) and ulama fatwas related to interfaith marriages in Indonesia. The method used is qualitative with a descriptive-analytical approach, combining legal document review and in-depth interviews with scholars, legal practitioners, and couples involved in interfaith marriages. Primary data were obtained from MUI fatwas, related articles in the KHI, and interviews with relevant informants. Secondary data were collected from related literature, legal journals, and previous research results. This study found that the KHI, which is the main guideline in Islamic family law in Indonesia, strictly prohibits interfaith marriages, as regulated in Article 40 letter c and Article 44 of the KHI. MUI Fatwa Number 4 of 2005 emphasizes the impermissibility of marriage between Muslims and non-Muslims, on the grounds of maintaining the sanctity of Islamic teachings. However, from a sociological perspective, the study shows that there are various challenges and social dynamics that influence the practice of interfaith marriages. Interviews with informants indicate that factors such as social policies, family pressure, and personal commitment are the main considerations in deciding on interfaith marriages. This study concludes that the development of laws and fatwas of ulama need to consider aspects of humanity and social diversity, in order to create a balance between adherence to religious teachings and the needs of an increasingly pluralistic society. The recommendations of this study include the importance of interfaith dialogue and the improvement of the KHI to include more inclusive guidelines in dealing with the dynamics of interfaith marriage in Indonesia.
DASAR PENETAPAN ISTRI NUSYUZ DI PENGADILAN AGAMA REMBANG DAN AKIBATNYA SETELAH PERCERAIAN DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Akhyar, Mustofinal
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1796

Abstract

The term nusyuz in Article 84 of Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) is used to refer to a condition when a wife does not carry out her obligations as stipulated in Article 83 paragraph (1), without valid reasons. In this condition, the husband is no longer burdened with obligations towards his wife as stated in Article 80 paragraph (4), except those related to children. The interpretation of nusyuz in general is still centered on the wife, while the husband is not considered to be able to commit nusyuz, although this view has begun to be questioned by modern Islamic legal thinkers. This article aims to analyze how the concept of nusyuz is applied in the practice of Islamic law in Indonesia and review its relevance and fairness in the contemporary context. This research uses qualitative methods with normative juridical and empirical juridical approaches, based on literature data and case studies. The results of the analysis of case number 456/Pdt.G/2023/PA.Rbg at the Rembang Religious Court show that allegations of infidelity made by the wife against her neighbor became the main basis for divorce filed by the husband. The incident also caused them to live apart for nine months. This finding shows that the concept of nusyuz is still applied unilaterally against women, giving rise to the need for a fairer re-interpretation of husband and wife relations in Islamic law
TRADISI PERAWATAN ORANG TUA OLEH ANAK PEREMPUAN BUNGSU: DAMPAKNYA TERHADAP PEMBAGIAN WARISAN DI DESA SUNGAI TONANG Ghufron, Muhammad Rojil
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1824

Abstract

This research aims to examine the influence of the tradition of caring for parents by the youngest daughter on the practice of inheritance distribution in Sungai Tonang Village. In this context, the division of inheritance does not always follow the textual provisions of Islamic law, but is influenced by local values that live and develop in the community. This research uses a field research method with a legal anthropology approach to examine the law not only as a written norm, but also as a social practice that is accepted and carried out by the community. The data sources obtained are primary data obtained through direct interviews with traditional leaders and local families while secondary data comes from related literature, such as books and scientific journals. The results show that the youngest daughter in Sungai Tonang Village often gets a larger share of inheritance than other heirs such as houses or land, as a form of appreciation for their role in caring for their parents in old age. This decision is motivated by emotional closeness, social responsibility, and the economic condition of the youngest daughter who is considered not fully independent. The contribution of this research lies in revealing the local dynamics in inheritance distribution that emphasizes the value of family devotion and responsibility, as well as showing the importance of legal flexibility in responding to the socio-cultural needs of the community.
NIKAH MISYAR DALAM PRESPEKTIF HUKUM PROGRESIF DAN UNDANG-UNDANG PERKAWINAN DI INDONESIA Khiyaroh, Khiyaroh
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1852

Abstract

This study discusses the practice of misyar marriage which is still one of the contemporary issues. Some scholars allow the practice of misyar marriage as long as the conditions and pillars of marriage are met. But in practice, misyar marriage is carried out because of a problem, such as infidelity, covering up the marriage of the previous wife, etc. In the implementation of misyar marriage, some of the wife's rights were deliberately not given. But if the wife is happy in this case, it will be a reward in itself. With the development of the times and the number of women who are able to meet their needs independently, whether in the future misyar marriage can be used as an alternative in national marriage law or not. The author will conduct research with a type of literature research. The author will collect data from various sources, both books, articles and rules related to misyar marriage. The author will analyze with a Normative Juridical approach. The theory used is the Progressive Law of Sadjipto Rahardjo and with the Marriage Law in Indonesia. The result of this study is that nikah misyar although legally valid is religious but not justified according to the view of progressive law and the marriage law in Indonesia. Because Nikah misyar is not in line with the principle of substantive justice, it does not protect the vulnerable and is also not in accordance with the principles in the Marriage Law because it does not pay attention to the position of women.
HUKUM ASAL TALAK DALAM ISLAM : KOMPARASI PENDAPAT IBNU TAIMIYAH DAN JUMHUR ULAMA Raja Asyad Vatanen; Muhamad Arifin
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1854

Abstract

This study examines the foundational ruling of divorce (talak) in Islam through a comparative analysis of the views of Ibn Taymiyyah and the majority of scholars (jumhur). Ibn Taymiyyah argues that the original ruling of talak is prohibited unless there is a legitimate shar’i reason, such as irreparable marital conflict. In contrast, the jumhur scholars maintain that talak is permissible (mubah) as a right granted by Islamic law, though its use must consider benefit and harm (maslahat wa mafsadat).The study explores the evidences supporting both views, sourced from the Qur’an and Hadith, as well as their implications in modern society. Ibn Taymiyyah’s perspective emphasizes protecting marital harmony and discouraging unnecessary divorces. Meanwhile, the jumhur approach provides flexibility, offering solutions for various marital circumstances.In conclusion, these differing opinions reflect the richness of Islamic legal thought while aligning with the overarching objectives of shari’ah: ensuring justice, promoting welfare (maslahat), and safeguarding the institution of marriage. This research highlights the relevance of these perspectives for addressing contemporary challenges in Islamic family law.
PERAN MATA KULIAH PSIKOLOGI KELUARGA DALAM MEMBANGUN KESIAPAN MENIKAH MAHASISWA STDIIS JEMBER Ari Widodo; Khoirul Ahsan
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1897

Abstract

Marriage is a noble act of worship; therefore, it requires thorough preparation before it is undertaken. One way to prepare for marriage is by studying family psychology. Family psychology is a field that explores the mental and emotional aspects within the family unit. Sekolah Tinggi Dirasat Islamiyah Imam Syafi’i (STDIIS) is a private Islamic higher education institution located in Jember Regency, East Java. The Family Psychology course is one of the core courses offered in the academic program at STDIIS Jember.This study aims to examine the role of the Family Psychology course in preparing students for marriage. A qualitative research method with a case study approach was used in this study. The results indicate the following; 1. The family psychology course plays a role in two main areas: (a) Emotional and mental readiness, and (b) Cognitive and attitudinal preparedness. 2. There are two aspects that play a role in the Family Psychology course: (a) Personality and motivation, and (b) Communication patterns and conflict management. 3. STDIIS students perceive the Family Psychology course as having an important role in preparing them for marriage, with course materials that are highly relevant and appropriate.
PENGARUH PERKEMBANGAN CRYPTOCURRENCY SEBAGAI OBJEK HARTA WARISAN PERSPEKTIF ULAMA KONTEMPORER Firdaus Fika Ananda; Irsan
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1906

Abstract

This study aims to examine the extent to which the development of cryptocurrency influences its status as an object of inheritance from the perspective of contemporary Islamic scholars. Utilizing a qualitative approach and literature review, the research explores the concept of māl in Islamic jurisprudence according to the Hanafī school and the majority of scholars (jumhūr), while assessing the eligibility of various types of cryptocurrency, such as payment tokens, utility tokens, and asset-backed tokens—as inheritable assets. The study also compares fatwas issued by different religious institutions and contemporary scholars, both those who support and those who oppose the legitimacy of cryptocurrency under Islamic law. The findings reveal two dominant viewpoints: one group strictly prohibits cryptocurrency, citing the presence of gharar (uncertainty), qimār (speculation), and the absence of underlying real assets; the other group permits its use within specific conditions, provided it has clear value, utility, and lawful ownership. This divergence directly affects the technical practices of digital estate planning and highlights the urgent need for a more comprehensive Islamic legal framework to govern crypto-assets in the context of contemporary Islamic inheritance and financial transactions.
REKONSTRUKSI KONSEP NAFKAH DALAM HUKUM KELUARGA ISLAM: PERSPEKTIF GENDER DAN OTONOMI PEREMPUAN Hardianti; Nurchaliq Majid
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1908

Abstract

This research examines the concept of nafkah and women's autonomy from gender and Islamic family law perspectives by investigating the dynamics of nafkah interpretation and its implications for women's independence in Muslim families. Using qualitative research methods with a literature study approach, this research analyzes the thoughts of classical and contemporary scholars, especially Murtaḍhā Muṭhahhari and Faqihuddin Abdul Kodir, and contextualizes them with the social reality of Indonesian Muslim society. The results show that traditional interpretations of nafkah tend to limit women's autonomy through the construction of economic dependency, while contemporary approaches offer a more inclusive understanding that accommodates women's financial independence. Contextualization of the nafkah concept through the principle of "mubādalah" (reciprocity) proves to be more aligned with the objectives of sharia in realizing justice and benefit, while opening space for women's autonomy without negating shared responsibility in building a sakinah family. This research contributes to the development of gender-responsive Islamic family law that accommodates social change without abandoning principles.
URGENSI SIGHAT TAKLIK SEBAGAI UPAYA MENCEGAH DISHARMONI DALAM KELUARGA Padlianor
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1909

Abstract

Islamic marriage aims to establish a harmonious family; however, the high rates of divorce and Domestic Violence (KDRT) in Indonesia indicate the frequent neglect of wives’ rights. Sighat Taklik, a husband’s conditional pronouncement of divorce post-marriage contract (akad nikah), is an instrument within Indonesian Islamic law to protect wives’ rights. However, husbands’ understanding of its consequences is often minimal. This research aims to examine the urgency of sighat taklik in preventing family disharmony, analyze its concept, legal basis, and implications, and propose solutions to enhance its effectiveness. The method employed is descriptive-analytical, based on a literature review of the Al-Qur’an, Hadith, Compilation of Islamic Law (KHI), Marriage Law, journals, and statistical data. The findings indicate that sighat taklik is a declaration of divorce contingent upon specific conditions such as abandoning the wife, failing to provide maintenance, inflicting physical harm, or neglecting the wife, the violation of which grants the wife the right to file for divorce by paying iwad (compensation). Its legal foundation is derived from Articles 45-46 of the KHI and Surah An-Nisa verse 128. Its urgency lies in protecting wives’ rights and serving as a reminder of spousal responsibilities, although husbands’ lack of understanding hinders its effectiveness. Proposed solutions include pre-marital socialization, educational modules, religious studies, and public campaigns to increase awareness..
PERAN PEREMPUAN TULANG PUNGGUNG KELUARGA : STUDI KASUS PEKERJA PANTI PIJAT MIGRAN DI BATAM ANA LINDATUS SHOLEHA; YUNITA WULANDARI
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1915

Abstract

This study explores the role of women as the backbone of the family through a case study of massage parlor workers from Karangsemanding Village who migrated to Batam. The primary aim of this research is to understand their social background, life dynamics, and the social impact of their role as the main breadwinners. Using a qualitative approach and in-depth interviews, the study finds that most of these women come from economically disadvantaged families, have low levels of education, and are compelled by financial needs to support their families. In their work at massage parlors, they face social stigma, psychological pressure, and challenges in maintaining relationships with their families back home. Nevertheless, they demonstrate resilience and survival strategies that reflect their central role in sustaining family life. These findings highlight the need for greater attention to the condition of female workers in the informal sector and the importance of more inclusive and humane public policies.

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