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Tuhfatul Janan
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usrah.staimpro@gmail.com
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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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SINTESIS SOLUSI ISLAM TERHADAP POLA KOMUNIKASI DESTRUKTIF ‘THE FOUR HORSEMEN’ DALAM PERNIKAHAN: KAJIAN TEORETIS DAN PRAKTIS Muhammad Fariq Firdaus; Akhmad Husaini
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2340

Abstract

Destructive communication in marriage is one of the main causes of damaged relationships between spouses. John Gottman identified four negative communication patterns known as The Four Horsemen: criticism, contempt, defensiveness, and stonewalling, which have been proven to predict divorce. This study aims to analyze and synthesize the solutions offered by Gottman through The Antidotes with the principles of communication in Islam. Using a qualitative descriptive approach and a library research method, this study analyzes primary sources from Gottman's theory and widely recognized Islamic references. The findings show that Islamic solutions not only align with Gottman's psychological approach but also reinforce it with spiritual values such as self-reflection (muhasabah), emotional regulation, and mutual consultation (shura). This synthesis offers a more holistic approach to building healthy marital communication that is also spiritually meaningful. The study is expected to enrich the literature on marital communication by integrating modern psychology with Islamic values.
ANALISIS FIKIH TERHADAP HAKIKAT OPEN MARRIAGE DAN STATUS HUKUMNYA Tresna Samudra; Akhmad Husaini
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2355

Abstract

This study examines the practice of open marriage from the perspective of Islamic jurisprudence as a form of consensual non-monogamous relationship between legally married spouses. The method employed is qualitative, using a library research approach with descriptive-analytical analysis and textual criticism within the framework of uṣūl al-fiqh. The analysis follows several methodological stages: taṣwīr al-mas’alah (conceptual framing), takyīf al-fiqhī (legal classification), taḥqīq al-manāṭ (validation of legal cause), and istinbāṭ al-ḥukm (derivation of ruling), based on sources from the Qur’an, ḥadīth, scholarly consensus (ijmāʿ), and both classical and contemporary fiqh literature. The findings indicate that open marriage does not fulfill the essential conditions of lawful intimate relations in Islam and resembles pre-Islamic marriage practices abrogated by the Prophet ﷺ. Based on legal maxims such as al-aṣl fī al-abḍāʿ al-taḥrīm and al-ḍarar lā yuzāl bi al-ḍarar, it is classified as zinā muḥarram and al-fawāḥish. Within the framework of maqāṣid al-sharīʿah, it contradicts the preservation of dignity (ḥifẓ al-ʿird), lineage (ḥifẓ al-nasl), and religion (ḥifẓ al-dīn). Academic arguments supporting CNM, emphasizing freedom and consent, are critically assessed as inconsistent with Islamic values. Therefore, open marriage is deemed absolutely prohibited under Islamic law.
AHLI WARIS PENGGANTI DALAM KHI PASAL 185: INOVASI HUKUM YANG BERTENTANGAN DENGAN PRINSIP HIJAB DAN HUKUM ISLAM (Studi Analisis Putusan Mahkamah Agung Nomor 26/Pst.G/2014/PA.JS) Muhammad Haula Fiqri; Sabilul Muhtadin
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2366

Abstract

This study examines the position of substitute heirs (ahli waris pengganti) under Article 185 of the Compilation of Islamic Law (KHI) concerning inheritance rights for grandchildren, focusing on its compliance with Islamic legal sources. The objectives are: (1) to analyze Supreme Court Decision No. 190 K/Ag/2016 on grandchildren’s inheritance, and (2) to evaluate grandchildren’s legal status in Islamic inheritance law. Using a normative juridical method with statutory (KHI) and case approaches, data was drawn from primary sources (Quran, hadith), secondary sources (classical fiqh texts, journals), and court rulings. Findings reveal that the substitute heir concept contradicts classical fiqh principles: (a) absence in Quran/hadith texts, (b) violation of hijab (exclusion) mechanisms as grandchildren are barred by the deceased’s children, and (c) incompatibility with scholarly consensus (ijma’) of major madhhabs. The study proposes obligatory bequest (wasiat wajibah, max. 1/3 of estate) referring to the Hanafi school as a Sharīʿah-compliant solution to ensure justice while preserving fixed inheritance shares (faraid).
DEPRESI POSTPARTUM DAN KEHARMONISAN RUMAH TANGGA: ANALISIS HUKUM KELUARGA ISLAM BERBASIS STUDI KASUS Lathifah Zahrah, Shafa’; Kumaini, Ruston
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2379

Abstract

Postpartum depression is a serious psychological disorder experienced by some mothers after giving birth and has the potential to disrupt family harmony. This study aims to analyze the effect of postpartum depression on family harmony and explore prevention efforts in the context of Islamic family law. This study employs a qualitative approach using a case study method involving six postpartum mothers and one clinical psychologist as expert informants. Data collection techniques include literature review and in-depth interviews. The results indicate that postpartum depression is triggered by insufficient mental preparedness, limited social support, and cultural and family environmental pressures. Symptoms include sleep disturbances, unstable emotions, and self-harm impulses. The absence of the husband in providing emotional support is a crucial factor exacerbating the mother's psychological condition. Conversely, spiritual approaches such as dzikir, prayer, and self-reflection have proven to bring inner peace and aid in the recovery process. Islamic Family Law emphasizes the importance of the husband's role in supporting his wife physically and emotionally, as well as upholding the principles of mawaddah wa rahmah within the household. This study recommends the importance of premarital and prenatal education, the husband's involvement in child-rearing, fulfilling the wife's right to support and protection within the household, and collaboration between medical and religious approaches in supporting postpartum mothers.
NARSISME ORANG TUA DAN KESEHATAN MENTAL ANAK: ANALISIS MAQASHID SYARIAH Julian Putri, Sinta Hapsari; Kumaini, Ruston
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2380

Abstract

This study aims to examine the impact of parenting styles influenced by Narcissistic Personality Disorder (NPD) on children's mental health through the framework of maqashid sharia. Narcissistic parenting is often marked by excessive control, emotional manipulation, and a lack of empathy, all of which can lead to psychological disturbances in children. Using a qualitative approach, this study reveals that children raised by narcissistic parents are at risk of damage in their emotional, social, and cognitive development. this research promotes a more empathetic and constructive parenting model. Furthermore, muhasabah (self-reflection) is presented as a spiritual solution for parents with narcissistic tendencies, helping them to become more aware, responsible, and emotionally present caregivers. This study contributes to developing a parenting framework that aligns not only with psychological well-being but also with the ethical and spiritual values of Islam, aiming to preserve the overall well-being and moral integrity of children.
ANALISIS YURIDIS TERHADAP DISPENSASI KAWIN KARENA HAMIL DI LUAR NIKAH (Studi Putusan Pengadilan Agama Kota Padangsidimpuan Nomor: 7/Pdt.P/2024/PA.Pspk) Hasibuan, Rosari Damayanti; Ibrahim Siregar; Putra Halomoan Hsb
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2403

Abstract

Marriage regulations establish a minimum age requirement to reduce the prevalence of early marriages, one of which is implemented through the marriage dispensation mechanism. Premarital pregnancy frequently becomes the primary basis for requesting such dispensations, as it is perceived as an urgent circumstance. This study aims to evaluate the effectiveness of legal provisions governing marriage dispensation in the context of non-marital pregnancy. A descriptive empirical-juridical approach was employed, utilizing secondary data from literature review and document analysis of the Religious Court Decision of Padangsidimpuan No. 7/Pdt.P/2024/PA.Pspk, complemented by primary data obtained through interviews with relevant stakeholders. The findings reveal that marriage dispensation due to pregnancy outside wedlock holds legal legitimacy under Article 53 of the Compilation of Islamic Law, which permits marriage without postponement until childbirth. In its ruling, the panel of judges granted the petition while imposing litigation costs of Rp510,000.00 on the applicant. These results underscore that the granting of marriage dispensation requires both valid evidence and the confirmation of an urgent situation.
PEMBATALAN PERKAWINAN KARENA PAKSAAN ORANGTUA DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA (Studi Kasus Putusan Nomor 50/Pdt.G/2025/PA.Btl) rosikhun_17r; irsan
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2405

Abstract

Marriage under the Indonesian legal system is a civil institution that requires the free and voluntary consent of both prospective spouses as a fundamental requirement for its validity. However, social realities reveal that parental coercion remains prevalent, leading to violations of individual autonomy in choosing a life partner. This article analyzes the decision of the Bantul Religious Court, Case Number 50/Pdt.G/2025/PA.Btl, as a case study of marriage annulment due to family pressure. The study aims to examine the ruling from the perspective of Indonesian positive law and Islamic law. Using a qualitative approach through literature review and legal document analysis, the findings indicate that the marriage was annulled because it lacked genuine consent from the petitioner, thereby violating Article 6(1) of the Marriage Law and Article 71 letter f of the Compilation of Islamic Law. In Islamic jurisprudence, fasakh is a legitimate mechanism for annulling marriages conducted under coercion, as the absence of ridha renders the contract invalid. The court's decision reflects not only legal validity but also a strong commitment to safeguarding individual rights, particularly women’s autonomy. This study emphasizes the importance of legal education, institutional support, and social advocacy in preventing forced marriages
TINJAUAN HUKUM POSITIF DAN MAQOSID SYARIAH TERHADAP PEMBATALAN PERNIKAHAN KARENA SUAMI HOMOSEKSUAL DALAM PUTUSAN PENGADILAN AGAMA NOMOR 2395/Pdt.G/2024/PA.JT Bafadal, Ahmad Anwar; Badri , Muhammad arifin
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2420

Abstract

This study examines the annulment of marriage due to the concealment of sexual orientation by the husband, based on the decision of the East Jakarta Religious Court Number 2395/Pdt.G/2024/PA.JT. The main focus of this research is to assess the validity of the ruling from the perspective of Indonesian positive law and maqāṣid al-sharī‘ah. The research method employed is normative-juridical, using a case study approach, statutory analysis, and the framework of maqāṣid al-sharī‘ah. The contributions of this study include: strengthening the concept of victim protection through the fasakh mechanism as a just legal solution. The findings show that the husband's concealment of his sexual identity constitutes substantial fraud, thus fulfilling the legal grounds for annulment as stipulated in Article 27 of Law No. 1 of 1974 and Article 72 of the Compilation of Islamic Law (KHI). From the perspective of maqāṣid al-sharī‘ah, this condition violates the five fundamental principles (al-ḍarūriyyāt): ḥifẓ al-dīn (protection of religion), al-nafs (life), al-‘aql (intellect), al-nasl (lineage), and al-māl (wealth). The court's decision to grant the annulment is regarded as upholding substantive justice and the protection of women's dignity. The results of this research serve as a critical reference for judges, legal practitioners, and the public in understanding the complexities of marriage annulment caused by sexual deviation.
WAKAF BERJANGKA DALAM MAZHAB SYAFI’I DAN MAZHAB MALIKI: ANALISIS KOMPARATIF DAN RELEVANSINYA TERHADAP HUKUM WAKAF DI INDONESIA Junaidi, Muhammad Teguh; Saifulloh, Kholid
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2428

Abstract

Temporary endowment (wakaf berjangka) is a contemporary form of Islamic endowment that remains a subject of debate in classical Islamic jurisprudence. In Indonesia, this practice has gained legal recognition through Law Number 41 of 2004, despite the fact that the majority of its Muslim population follows the Shafi’i school, which rejects the concept. This study aims to analyze the perspectives of the Shafi’i and Maliki schools regarding temporary endowment and assess its relevance to Indonesia’s endowment law. The research employs a library research method with a normative-comparative approach, examining textual evidences, legal maxims, and scholarly opinions from both schools. The findings reveal that the Shafi’i school prohibits temporary endowments due to its requirement of perpetuity as a condition for validity. Conversely, the Maliki school allows it, offering a more flexible interpretation. In the context of Indonesian positive law, the Maliki view is deemed more applicable and relevant. The study recommends further empirical research on the practice of temporary endowment in Indonesia and comparative analysis with other schools, such as Hanafi and Hanbali, to enrich the development of adaptive and contextual endowment law.
ANALISIS PRAKTIK MAHAR SEDERHANA DAN IMPLIKASINYA TERHADAP ISTRI PERSPEKTIF MAQASHID AL-SYARIAH: STUDI KASUS DI KECAMATAN MUMBULSARI, JEMBER Umeir hudzaifah; Anas Burhanuddin
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2429

Abstract

This research analyzes the practice of simple mahr in marriages within the Mumbulsari district, Jember Regency, and its implications for wives from a maqashid al-syariah perspective. Employing a qualitative approach with field studies, data was collected through in-depth interviews with the head of the Office of Religious Affairs (KUA) and married couples. Research findings indicate that simple mahrs, such as prayer tools and the Quran, dominate practices in Mumbulsari. This practice, when mutually agreed upon, actualizes the values of hifz al-din, hifz al-nafs, and hifz al-maal. The simplicity of mahr not only strengthens marital bonds spiritually and emotionally but also streamlines the marriage process, preventing burdensome practices. These findings suggest that the giving of simple mahr, based on sincerity and mutual agreement, aligns with the fundamental principles of maqashid al-syariah as articulated by al-Syatibi.

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