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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 202 Documents
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PENELANTARAN ANAK PASCA PERCERAIAN MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2014 (Studi Kasus: Desa Bantayan Kecamatan Simpang Ulim Kabupaten Aceh Timur) Hadi, M Naufal; Zubaidi, Zaiyad; Mustaqim, Riza Afrian
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.v6i3.1886

Abstract

This study aims to determine the factors of child neglect after divorce, review legal protection based on Law Number 35 of 2014 concerning Child Protection, and identify solutions and prevention of such cases in Bantayan Village, Simpang Ulim District, East Aceh Regency. This study uses a normative-empirical legal approach, with qualitative methods and data collection techniques through interviews, observations, and documentation of child victims, caregivers, and village officials. The results of the study indicate that the main factors of child neglect after divorce include economic problems, parental remarriage, parents who migrate and lose contact, lack of responsibility and communication between parents, and minimal intervention from the village government or related institutions. Based on Law Number 35 of 2014 Article 26 paragraph (1), it was found that children's rights to care, protection, and education were not fulfilled. Reviewed from the Best Interest of the Child theory by John Eekelaar, the condition of these children does not reflect the fulfillment of the child's best interests. Therefore, an active role is needed from all parties to prevent and handle similar cases, including through increasing legal awareness and collaboration between village governments and child protection agencies.
TINJAUAN MASLAHAH TERHADAP PRAKTIK PEMBERIAN NAFKAH SUAMI DALAM PERNIKAHAN SIRI (Studi Kasus pada Alumni Pesantren di Kecamatan Bumiayu, Kabupaten Brebes) Fauzi, Muhammad Farkhan; Syawaludin; Takdir Hardani La ajiri
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.v6i3.1892

Abstract

This study discusses the practice of providing alimony by husbands in serial marriages carried out by three couples of Islamic boarding school alumni in Bumiayu District, Brebes Regency. Although their marriage has not been officially recorded by the state, they remain committed to fulfilling their obligation to provide for their wives in the form of birth and mental support. This study aims to analyze the practice through a normative approach with maslahah theory, in order to see the extent to which the fulfillment of the sustenance reflects the benefits from an Islamic perspective. The method used is qualitative which is descriptive-analytical. The approach used in this study is normative using maslahah theory.  Primary data were generated from interviews with three married couples in series about alimony practices and secondary data from related literature. The results of the study show that the practice of providing sustenance has included aspects of maslahah daruriyah and tahsiniyah, but has not fully fulfilled the maslahah hajiyah, especially in the provision of housing. Judging from the existence of the evidence in maslahah shows that this practice is not entirely in line with the principle of the benefit of Islamic law because it is carried out in the context of marriage that is not recognized by the state which can cause harm, especially to the wife. In addition, in some postulates mention the need to announce his marriage. Thus, this practice is categorized as maslahah al-mulghah, which is a benefit based on individual prejudice.
PENETAPAN ASAL USUL ANAK HASIL POLIGAMI DI BAWAH TANGAN PERSPEKTIF MAQASID SYARIAH (Studi Terhadap Penetapan Pengadilan Agama Sibuhuan Nomor: 81/Pdt.G/2020/PA.Sbh) Mala, Revita; Harahap, Ikhwanuddin; Halomoan Hsb, Putra
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.v6i3.1989

Abstract

Determination of the origin of children plays a very significant role in family law, especially from the perspective of Islamic law which emphasizes the importance of protecting children's rights. The main focus of this study is the Determination of the Sibuhuan Religious Court with Number: 81/Pdt.G/2020/PA.Sbh which is analyzed through the maqasid sharia approach according to Jasser Auda's thinking. This study uses a library research method with a normative approach. The results of the study show that the judge's considerations in the decision cover three main aspects. From a legal perspective, the judge adheres to the applicable legal provisions. From a philosophical perspective, the importance of maintaining harmony in the family structure of Indonesian society is considered. Meanwhile, sociologically, this decision also takes into account the norms that live in society, the need for legal certainty, and efforts to reduce social stigma against children. Analysis based on Jasser Auda's maqasid sharia version shows that the decision reflects the application of six interconnected maqasid elements. First, the application of the al-idrakiyah principle (cognitive), which shows legal awareness of children's rights. Second, al-kulliyyah (comprehensiveness), which is a comprehensive consideration of all aspects of a child's life. Third, al-infitahiyyah (openness), which is the courage to adapt the law to the social context. Fourth, al-harakiyyah (dynamic hierarchical structure), which is seeing the relationship between legal principles. Fifth, ta'addud al-ab'ad (multidisciplinary dimension), which is the integration between law, social, culture, and religion. Finally, the principle of al-maqasidiyyah (goal orientation), which is ensuring that the decisions taken are truly directed towards the welfare of the child as a whole.
PEMBAGIAN PERAN DALAM PENGASUHAN ANAK (Studi Kasus Pada Generasi X dan Generasi Millenial di Kabupaten Lampung Tengah) Winda Oktaviani; Dri Santoso; Aliyandi A. Lumbu; Afifuddin Ahmad Robbani
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.v6i3.2043

Abstract

In Islamic family law, childcare (hadhanah) is a shared responsibility that emphasizes the best interests of the child and the principle of justice. Where the responsibility for care is not only borne by the mother, but is a shared task that must be carried out. This is clearly regulated in the Qur'an, Sunnah, or in positive law in Indonesia. However, in reality, the role of the mother is more dominant in childcare, while the father mostly focuses on meeting economic needs. So that with this phenomenon, questions arise regarding the division of parenting roles applied by Generation X and the Millennial Generation in Central Lampung, by reviewing the factors behind the division of parenting roles, and how they are in accordance with the principles of Islamic family law. This type of research is field research on Generation X and the Millennial Generation in four sub-districts in Central Lampung Regency. This research is descriptive, with data collection techniques, namely observation, interviews, and documentation. Data analysis uses an inductive thinking framework. The results of the study show that Generation X still tends to use traditional parenting, with the dominance of the mother's role in the domestic sphere. Meanwhile, the Millennial Generation is starting to show a more equal pattern, with increased involvement of fathers in parenting, although there are some families that still use the mother's domestic role. Differences in child care are influenced by several factors, namely, changes in social and cultural, economic and educational, residential environment, and special conditions/situations. A review of Islamic law shows that flexibility in parenting roles is justified as long as it is based on the principles of justice, responsibility, and protection of children. This study emphasizes the need for a contextual understanding of Islamic family law so that it can be applied adaptively in the dynamics of modern families.
PRAKTEK ABORSI KORBAN PEMERKOSAAN MENURUT ANALISIS QAWAIDH FIQHIYYAH FURU’IYYAH AL MUSYAQQAH TAJLIB AT TAISIR Fitriani, Nur Isna
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.v6i3.2055

Abstract

In cases where continuing a pregnancy resulting from rape is considered to carry significant risks, it is often due to the fact that the act of rape itself already causes lifelong trauma. This trauma is further compounded by the presence of an unwanted pregnancy. In addition to the psychological burden, victims often face social stigma and are blamed for failing to protect themselves or their honor, which is perceived as the reason they became victims of such violence. In this study, the author uses a specific branch of fiqhiyyah principles (qawāʿid fiqhiyyah furūʿiyyah) as an analytical tool to examine this issue. The research method applied is a descriptive qualitative approach through library research. The study finds that the fiqhiyyah principle al-Masyaqqah Tajlib at-Taisir, meaning "When a matter becomes difficult, the ruling becomes easier," can serve as a basis for legal consideration in permitting abortion for victims of sexual violence.
ANALISIS TERHADAP KESIAPAN FINANSIAL SEBELUM MENIKAH STUDI KASUS PADA MAHASISWA STDI IMAM SYAFI’I JEMBER Abdul Munir; M. Hafid Mahmudi
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.v6i3.2127

Abstract

Financial readiness before marriage is a crucial aspect that is often overlooked by prospective couples, particularly among university students. Many assume that economic issues can be resolved after marriage, whereas financial problems are in fact one of the main triggers of conflict in household life. A lack of preparedness in dealing with household financial needs can lead to stress, arguments, and even divorce. Therefore, understanding and preparing financially before marriage is essential to building a stable and harmonious family. This study aims to examine the financial readiness of students at STDI Imam Syafi’i Jember in facing marriage through a case study approach. This research uses a qualitative method with a case study approach. The results of the study show that: (1) there are two levels of financial readiness before marriage, namely: (a) Ready-for-marriage level, which includes three contributing factors, and (b) Not-yet-ready-for-marriage level, which also includes three contributing factors; (2) there are seven strategies applied by STDI Imam Syafi’i Jember students to prepare for financial aspects prior to marriage.
MAHAR DALAM PERSPEKTIF YUSUF AL-QARDHAWI DAN RELEVANSINYA TERHADAP PRAKTIK SOSIAL PERNIKAHAN DI INDONESIA Makin, Makin; Hidayati, Tri Wahyu
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.v6i3.2170

Abstract

This article explores the concept of marriage dower (mahar) through the lens of Yusuf al-Qordhawi’s thought and its relevance to contemporary practices in Indonesia. In Islamic tradition, mahar is an essential component of marriage contracts, encompassing legal, symbolic, moral, and socio-economic dimensions. Al-Qordhawi advocates for simplicity and affordability in mahar, emphasizing that it should not become a burden, but rather a source of blessings and commitment in marriage. In Indonesia, the practice of mahar is often shaped by cultural traditions and social pressure, leading to economic strain and reinforcing gender inequality. The emergence of unique and unconventional forms of mahar among young people reflects a symbolic resistance to materialistic interpretations. Using a qualitative, library-based approach, this study analyzes al-Qordhawi’s works and the social context in Indonesia. The findings suggest that al-Qordhawi’s wasathiy (moderate) approach offers a viable alternative for addressing contemporary marital issues by promoting justice, simplicity, and a spiritual reinterpretation of marriage values. His thought presents a framework for reforming Islamic family law in a way that is ethical, inclusive, and socially responsive to the needs of modern Indonesian society
TINJAUAN HUKUM ISLAM TERHADAP PERILAKU ISTIMNA’ DAN IMPLIKASINYA TERHADAP KUALTIAS RUMAH TANGGA: STUDI PADA KARYAWAN PT PERTAMINA DURI Almadjid, Juvan Pabuka
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.v6i3.2174

Abstract

This study aims to analyze the implications of masturbation behavior on the quality of marital relationships and household stability among employees of PT. Pertamina Duri, as well as to examine the Islamic legal perspective on this phenomenon. This research employs a qualitative approach with a descriptive method, utilizing in-depth interviews and document studies. The sample was selected purposively, consisting of married employees with experiences related to masturbation behavior. The findings reveal that the primary factors driving masturbation behavior in marriage include pre-marital habits, physical distance from one’s spouse, stress, emotional pressure, and a lack of education about reproductive health. The impact of masturbation on marital relationships varies; in some cases, excessive masturbation can reduce sexual desire towards a spouse and trigger conflicts, whereas for others, masturbation within reasonable limits does not negatively affect household harmony if supported by good communication between partners. From an Islamic legal perspective, the majority of scholars prohibit masturbation except in cases of necessity to prevent adultery. However, within the context of marriage, masturbation assisted by a spouse is more acceptable compared to self-masturbation. Islam emphasizes the importance of open communication in marriage to maintain a balance between biological needs and household harmony.
PENDEKATAN MAQASHID SYARIAH DALAM MENCEGAH PERCERAIAN DI ERA MEDIA SOSIAL Muhammad Abyan Fariedza; Misbahuzzulam
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.v6i3.2180

Abstract

This study examines the effectiveness of the Maqashid Syariah approach—hifzh al-din (religion), hifzh al-nafs (soul), hifzh al-‘aql (mind), hifzh al-mal (wealth), and hifzh al-nasl (progeny)—in preventing divorce in the social media era, using a descriptive qualitative approach based on literature review. The literature analysis includes Islamic premarital modules and Sharia mediation to strengthen family commitment; Sharia digital literacy and gadget-free zones to reduce virtual jealousy; online psychosocial counseling and Islamic support forums to reduce stress and psychological isolation; Sharia financial management training to mitigate consumerist pressure caused by flexing on social media; and digital da'wah programs, prayer reminder apps, and negative content filtering to enhance spiritual discipline and redirect focus away from harmful content. The research findings confirm that the integrated Maqaṣhid Sharia intervention significantly builds the foundation of religious values, sound reasoning, mental well-being, economic stability, and generational sustainability. Therefore, it is recommended that Religious Courts, da'wah institutions, and Islamic counseling practitioners integrate these five pillars into divorce prevention programs in the digital age.  
ANALISIS YURIDIS TERHADAP PEMENUHAN HAK ISTRI DAN ANAK PASCA PERCERAIAN: STUDI PUTUSAN PENGADILAN AGAMA SUKOHARJO NOMOR 573/PDT.G/2024/PA.SKH Arkan, Miftahul; Muhammad Kurniawan Budi Wibowo; Aditya Fajri Kurnia Pradana
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.v6i3.2187

Abstract

Divorce not only ends the marriage bond, but also has significant legal consequences, especially regarding the fulfilment of the rights of women and children. Problems that often arise include the provision of maintenance, housing, mut'ah, and child custody (hadhanah) after divorce. This study aims to analyse the fulfilment of the rights of wives and children based on Sukoharjo Religious Court Decision Number 573/Pdt.G/2024/PA.Skh, by reviewing the extent to which the considerations and rulings of the decision are in line with Islamic law and Indonesian positive law. This research uses a normative juridical method with a case study approach. Data were obtained through reviewing the decision documents and analysed using the theory of distributive justice and maqashid sharia. The results showed that there was still a discrepancy between what the judge decided and its implementation in the field, especially in terms of providing maintenance and executing children's rights. In addition, it was found that the legal considerations in the decision did not fully reflect the principle of protection of vulnerable parties as mandated in maqashid sharia. Therefore, this study recommends the need for reformulation of the judges' consideration approach in divorce cases as well as strengthening the implementing regulations to ensure the effectiveness of post-divorce rights fulfilment.

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