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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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MANAJEMEN KONFLIK DALAM PERNIKAHAN ENDOGAMI DAN EKSOGAMI: ANALISIS PERSPEKTIF ISLAM DAN PSIKOLOGI KELUARGA Mahmudah, Nadhira; Bahar, Alexsander
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/e1mvbq13

Abstract

The number of divorces in Indonesia due to arguments and disputes has been increasing every year, caused by the lack of awareness among couples in understanding household conflict management before marriage. North Bontang ranks first in terms of the number of Muslim residents, migrants, and divorces in Bontang. The purpose of this study is to compare endogamous and exogamous marriage conflict management that survives amid high divorce rates in North Bontang and analyze its compatibility with Islamic law. This study uses a qualitative approach with a descriptive-comparative analysis method through interviews via Google Forms and literature studies. The results of the study show that there is no significant difference between the patterns of managing conflicts in endogamous and exogamous marriages in North Bontang, even though exogamous marriages have a different cultural background. The results of the analysis also prove the compatibility of the conflict management patterns of both marriages with Islamic law principles, which include responses to conflict, conflict resolution, and sustainable preventive strategies. Both of these show that Islamic values can be a universal alternative in domestic conflict management, regardless of cultural differences. This study contributes to the development of Islamic value-based domestic conflict management that can be internalized by married couples in dealing with domestic dynamics.
TINJAUAN MAQASID AL-SYARI‘AH TERHADAP BATAS USIA PERKAWINAN DALAM HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN INDONESIA Suryantoro, Dwi Dasa; A. Mansur
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/e9zacz90

Abstract

This study aims to analyze the relevance of the determination of the marriage age limit in Indonesian positive law with the principle of maqasid al-shari'ah in Islamic law. This study is motivated by the still high rate of child marriage which has an impact on poverty, low education levels, and increasing reproductive health risks. This study uses a normative legal method with a conceptual approach and a legislative approach. The analysis was carried out on Law Number 16 of 2019 concerning Marriage, classical fiqh literature, and the thought of contemporary scholars, by placing maqasid al-shari'ah as the main framework of analysis. The focus of the study is directed to the goals of the protection of the soul (ḥifẓ al-nafs), intellect (ḥifẓ al-'aql), heredity (ḥifẓ al-nasl), and property (ḥifẓ al-mal). The original contribution of this research lies in the argument that the setting of the minimum age of marriage of 19 years is a form of ijtihad jama'i based on maqasid al-shari'ah, not solely state administrative policy. The results of the study show that this provision does not contradict Islamic teachings, but is in line with the purpose of sharia in maintaining the welfare of the family and protecting the younger generation. Thus, this study emphasizes the importance of harmonization between Islamic law and positive Indonesian law through a contextual and benefit-oriented approach to maqasid al-shari'ah.
EFEKTIVITAS PROGRAM FAMILY CORNER BERBASIS MASJID DALAM MEMBANGUN KETAHANAN KELUARGA: ANALISIS TEORI EFEKTIVITAS HUKUM SOERJONO SOEKANTO Abdur Rohman Baihaqy; Burhanuddin Susamto; Miftahul Huda
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/kh1xzr71

Abstract

The high divorce rate in Malang City, which reached 1,706 cases in 2024, has also triggered an increase in broken homes and disrupted children's socio-psychological development. To address these issues, the Family Corner Program is offered as a mosque-based family consultation, education, and mentoring service. This study aims to analyze the program's effectiveness in strengthening family resilience using Soerjono Soekanto's theory of legal effectiveness. The method used is empirical legal research with a sociological approach through observation, interviews, and documentation studies, and analyzed using the Miles and Huberman model. The results indicate that Family Corner is quite socially effective through the synergy between the Ministry of Religious Affairs, DMI, UIN Malang, and the local government, and has received a positive response from the community. This program increases family awareness of the importance of communication, harmony, and religious values. However, its effectiveness is not optimal due to limitations in the legal basis, human resources, facilities, funding, and the community's culture of shame in consulting. Based on Soekanto's five factors of legal effectiveness, this program is categorized as moderate. Regulatory strengthening, capacity building for implementers, and ongoing outreach are needed to make the program more professional and sustainable.
ANALISIS PERSEPSI PEREMPUAN GEN Z TERHADAP TREN “MARRIAGE IS SCARY”  DALAM PERSPEKTIF MAQASID SYARIAH  (STUDI KASUS MAHASISWI UIN RADEN MAS SAID SURAKARTA) hidayati, lutfiyah; Hermawan , Sulhani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/a076ag11

Abstract

The trend of “Marriage is Scary” among Generation Z women reflects a changing perspective on marriage. Many young women feel afraid to marry due to concerns about conflict, domestic violence, economic challenges, and the loss of personal freedom. This study aims to understand the perceptions of Gen Z women toward the “Marriage is Scary” trend and to examine them through the perspective of Maqasid Syariah. This research uses a qualitative descriptive method involving ten Muslim female respondents aged 18–25 years. The findings show that social media, family experiences, and economic conditions are the main factors that shape fear toward marriage. From the perspective of Maqasid Syariah, marriage is an act of worship aimed at preserving religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-aql), lineage (hifz al-nasl), and wealth (hifz al-mal). Therefore, strengthening religious literacy, mental readiness, and financial preparation is essential so that the young generation can view marriage as a path to peace, happiness, and overall well-being.
HARMONISASI HUKUM WARIS ISLAM DAN HUKUM ADAT: ANALISIS TRADISI PEMBAGIAN DAMAI DALAM KERANGKA MAQASHID SYARIAH Hafazhah Ar Ra'd; Muhammad Yassir
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/5hrykg12

Abstract

This study aims to analyze the harmonization between Islamic inheritance law and customary law in the practice of (peaceful distribution) among the Muslim community in Pontianak City, as well as to assess its conformity with the fundamental principles of maqashid syariah. Using a qualitative descriptive approach, data were obtained through in depth interviews with relevant participants. The findings reveal that (peaceful distribution) represents a form of social adaptation driven by the desire to maintain family harmony, where customary norms and Islamic law interact flexibly. Although the practice does not always follow the formal provisions of faraidh, it emphasizes justice and public welfare through family consensus. Within the framework of maqashid syariah, this practice is relatively strong in preserving hifz al-nafs and hifz al-nasl, but remains weak in hifz al-din, hifz al-aql, and hifz al-mal. Due to limited understanding of inheritance law and the weak role of religious institutions. Overall, the study concludes that the flexibility of Islamic law enables adaptations to local cultural contexts, yet requires normative strengthening to ensure that the essential values of the syariah remain intact within customary practices.
LEGALITAS DAN IMPLEMENTASI PERJANJIAN PRA NIKAH DALAM PERLINDUNGAN HARTA PERKAWINAN MENURUT HUKUM ISLAM Widya Firgina; Riyan Ramdani; Lena Ishelmiany Ziaharah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/501k4e73

Abstract

Prenuptial agreements are legal instruments used to regulate the status and management of marital assets, particularly amidst the increasing complexity of modern household economies. Despite having a clear normative basis, their legality and implementation still face several obstacles, including a lack of public understanding and disparate interpretations in judicial practice. This study aims to examine the legal basis, validity according to Islamic law, and the implementation of prenuptial agreements in protecting marital assets. The approach used is normative juridical research with a qualitative analysis of laws and regulations, the Compilation of Islamic Law (KHI), fiqh literature, and religious court decisions. The results show that prenuptial agreements have strong legitimacy in positive law through Article 29 of the Marriage Law and Constitutional Court Decision No. 69/PUU-XIII/2015, and are based on sharia through the principles of al-wafā’ bil ‘uqūd and maqāṣid al-syarī‘ah. Their implementation includes regulating the separation of inherited assets, mechanisms for managing joint assets, protecting family assets, and regulating financial responsibility. The challenges that arise relate to social resistance and a lack of unified interpretation among legal authorities. This research's original contribution lies in formulating a harmonized framework between the concept of agreements in Islamic law and Indonesian positive law as a basis for strengthening mechanisms for protecting marital property.
HAK ASUH ANAK BAGI IBU BEKERJA: ANALISIS MAQASID AL-SYARI’AH DAN HUKUM POSITIF INDONESIA Azfa Rasyad; Riyan Ramdani; Ahmad Maula Hadi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/6cq13516

Abstract

The determination of child custody for working mothers is a critical issue in Indonesian family law, particularly given the dual roles women assume in modern society. This study examines from a normative juridical perspective how the principles of Maqasid al-Shari’ah and positive law in Indonesia regulate and respond to the determination of child custody when the mother is employed. Employing a literature review and legal analysis of relevant legislation and case studies, the findings reveal that Maqasid al-Shari’ah emphasizes the best interests and protection of the child, while Indonesian positive law provides comprehensive legal frameworks. However, practical application requires balancing maternal caregiving responsibilities with economic roles. This research recommends responsive policies and supportive implementations to harmonize working mothers' rights with optimal child custody arrangements, ensuring children’s welfare in accordance with religious and state norms.
STATUS HUKUM HIBAH MU'ALLAQAH BI AL-MAUT ANALISIS KOMPARATIF FIKIH EMPAT MAZHAB Yusdi Haq; Muhammad Tsalis Ramadlani; Oki Anggara Saputra; Azfar ihsanu naufal
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/9v8psy58

Abstract

This study examines the legal status of conditional hibah specifically, gifts that are stipulated to be received only after the donor’s death based on the analysis of the four major Sunni schools of Islamic jurisprudence. The research is motivated by the widespread practice of conditional hibah in Muslim communities, which is often confused with the concept of wasiyyah (bequest). This study employs a qualitative method using a normative-comparative approach and library research, drawing from primary sources such as classical fiqh texts and secondary literature including academic journals and scholarly works. The findings reveal that hibah is a transfer-of-ownership contract that must take effect during the donor’s lifetime, making immediacy (tanjīz) and certainty of ownership essential for its validity. The majority of jurists reject conditional hibah because it contradicts the nature of hibah as an immediate act of giving, whereas some scholars, such as Ibn Taymiyyah and Ibn al-Qayyim, permit it when the condition is clear and does not contravene Islamic principles. The study also shows that most jurists require qabd (physical possession) as a condition for the completion of hibah. Furthermore, a hibah conditioned upon the donor’s death is invalid as hibah and instead becomes a wasiyyah, subject to the rules of bequests, including the prohibition of bequeathing to heirs unless all other heirs consent. These findings highlight the importance of public awareness regarding the distinction between hibah and wasiyyah to prevent legal disputes
SADD ADZ-DZARI’AH SEBAGAI TINDAKAN PREVENTIF: ANALISIS PRAKTIK MAHAR MENGGUNAKAN UANG KERTAS YANG TIDAK LAGI BEREDAR DI INDONESIA Nafiah, Niswah; Julijanto, Muhammad
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/wt0y9m28

Abstract

The phenomenon of giving a dowry including small denominations or antique money is common in society, such as in Delingan Village, Karanganyar District, but is hampered by the availability of some that are no longer in circulation and are simply stored and cannot be used. This practice has the potential to deviate from the principles of Islamic law, especially regarding benefit, simplicity, and the prohibition of waste. This study aims to analyze the dowry from an Islamic legal perspective, using the concept of sadd adz-dzari’ah as an effort to prevent the harm that arises from this practice. This study uses a qualitative research design with an empirical approach. Data collection through unstructured interviews and documentation. Data analysis includes data reduction, data presentation, and verification. The results of the study in the analysis of motifs (al-baits) create an impression of uniqueness, aesthetic beauty, and a reminder of the sacred time of marriage. The maslahah aspect represents emotional reinforcement of happiness, but more dominant is the mafsadah in the form of difficulty in finding ancient money, loss of usefulness (ancient money is only stored and cannot be used for transactions), potential waste of exchanging useful cash for useless assets, and violation of the principle of simplicity. The motive of giving a dowry by following trends also gives rise to subtle mafsadah that has the potential to shift the value of the dowry from a symbol of sincerity to an arena for aesthetic proof, making the tendency to judge a dowry from its attractive appearance
IMPLIKASI PENERAPAN PARENTING TERHADAP KEHARMONISAN KELUARGA: STUDI KASUS PADA JEMAAH KAJIAN MASJID IMAM ASY-SYAFI’I DEPOK Mahmudin, Mohamad Adam; Syafiq Riza Hasan
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/1c9rnx09

Abstract

Parenting refers to the  attitudes, behaviors, and caregiving strategies implemented by parents toward their children. It is a dynamic process subject to change according to the era’s development and the family environment, which plays a vital role in shaping a child’s character and behavior. A lack of parental attention is occasionally caused by work-related busyness, social environmental influences, and a limited understanding of parenting, thereby constraining quality time with the children. This situation is also experienced by  the congregation members of the Imam Asy-Syafi'i Mosque study group in Depok. The study aims to analyze and describe the level of family harmony, the types of parenting styles implemented, the supporting and inhibiting factors, and the Islamic values applied by the congregation members. This research employed a qualitative approach with a case study design, utilizing in-depth interviews and participatory observation. The findings indicate that family harmony is characterized by three primary indicators: fulfilling rights and responsibilities, open communication and positive conflict resolution, and comfort in performing worship and adherence to rules. Furthermore, the applied parentin include democratic, authoritarian, and a combination of the two. Supporting factors encompass spousal support, continuous learning, consistency in implementing rules, and a positive educational and social environment. Conversely, inhibiting factors include a lack of knowledge and patience, inconsistency, and rejection from the child. The Islamic values implemented to enhance family harmony are the early inculcation of Tawhid (monotheism), regular reading of the Qur'an, active participation in religious studies, and providing a good role model.

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