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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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INTEGRASI HUKUM ISLAM DAN HUKUM POSITIF DALAM DISPENSASI KAWIN: ANALISIS YURISPRUDENSI ATAS ALASAN KHAWATIR ZINA DI PENGADILAN AGAMA TASIKMALAYA Amrullah, Thoriq Rahmat; Muhsan Syarafuddin
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/jrydt769

Abstract

Marriage through the process of marriage dispensation on the grounds of concern about adultery is still a social phenomenon in the Tasikmalaya Religious Court. This condition shows the tension between Sharia values, which emphasize the prevention of adultery and positive law, which prioritizes protection of children from the negative effects of early marriage. This study aims to analyze the application of marriage dispensation from the perspective of Islamic law and positive law. This study uses a qualitative method with a normative-empirical juridical approach through analysis of court decisions and in-depth interviews with judges. The results show that the practice of marriage dispensation due to concerns about adultery in the Tasikmalaya Religious Court reflects the integrative application of Islamic law and positive law. The reason of “concerns about adultery” can be taken into consideration, but can only be considered urgent if proven legally through valid documents or statements. From an Islamic law perspective, judges apply the principle of maqasid al-syari'ah to prevent harm, while positive law is guided by the Marriage Law and PERMA Number 5 of 2019, which emphasizes best interests of the child. Thus, the judges' decisions reflect contextual ijtihad oriented towards justice, benefit, and legal protection for children.
REKONTRUSKSI PERAN AYAH DALAM PENDIDIKAN KELUARGA ANALISIS GENDER ISLAM TERHADAP KONSEP MADRASAH PERTAMA Arkhetafaza, Ulfa; Antoro, Ardi; Ifada, M. Zakian
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: 10.46773/9pdz0286

Abstract

The family is the primary educational institution for children, playing a significant role in shaping their character and values. In Islam, the phrase “al-umm madrasatul ula” highlights the mother as the child's first school. This paradigm often places the mother as the main educator while the father is seen merely as a breadwinner. As a result, the father's role in family education receives less attention, even though his involvement is crucial for a child’s development. This study aims to reconstruct the father's role as an educator within the family from an Islamic gender perspective, emphasizing the equal responsibility between father and mother. The method used is a qualitative-interpretative literature study, analyzing classical and contemporary literature related to family education, parental roles, and gender perspectives in Islam. The findings indicate that Islam advocates for a fair and balanced division of parenting roles. The father, in addition to being the head of the family, is also responsible for educating, providing spiritual guidance, modeling good character, and meeting the emotional needs of children. The Islamic gender perspective emphasizes equality and justice in parental roles, making both the father and mother equally responsible as the child's "first madrasa." Active father involvement in family education positively contributes to the child’s confidence, emotional intelligence, and moral development.
TOXIC RELATIONSHIP SEBAGAI DASAR PERCERAIAN: ANALISIS KEKERASAN PSIKIS DALAM HUKUM KELUARGA ISLAM DAN UU PKDRT wahyu
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: 10.46773/79kxyt41

Abstract

This study aims to analyze divorce caused by toxic relationships as a form of psychological violence within the framework of Islamic family law and its relevance to Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT). This research employs a qualitative approach through library research using primary sources such as classical Islamic jurisprudence texts, religious court decisions, and statutory regulations, supported by secondary sources including books and scholarly articles. The data were analyzed descriptively and analytically through a normative-sociological approach. The findings show that psychological violence in toxic relationships constitutes darar ma‘nawi, which contradicts the principles of mu‘asyarah bi al-ma‘ruf and the objectives of maqasid al-syari‘ah. Decisions from the Religious Courts of Jember and Malang demonstrate that judges increasingly consider emotional harm and mental suffering as legitimate grounds for divorce, aligning with the provisions of UU PKDRT. This study highlights the convergence between Islamic jurisprudence and positive law in protecting victims of non-physical violence and underscores the need to strengthen legal understanding and evidentiary mechanisms that are responsive to psychological abuse.
INTEGRASI PRINSIP ISLAM DAN HAM DALAM MEWUJUDKAN EKOSISTEM E-COMMERCE BERKEADILAN DI ERA DIGITAL Ahdian, Khulafi; Alhaq; Suhibbullah; Suweknyo
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/r3khbm60

Abstract

This study develops an integrative conceptual framework for constructing a just e-commerce ecosystem by synthesizing maqasid al-shariah principles and contemporary human rights standards. Employing a normative legal approach with systematic comparative analysis, the study identifies substantive convergence between Islamic principles of justice truthfulness (ṣidq), transparency (tabligh), prohibition of exploitation, and orientation toward maṣlaḥah and human rights principles emphasizing human dignity, non-discrimination, and access to justice. The scholarly contribution of this article lies in proposing a five-pillar model of just e-commerce, consisting of adaptive regulation, effective enforcement mechanisms, voluntary industry standards, public empowerment, and accessible dispute resolution mechanisms. This model addresses structural challenges in digital commerce, including information asymmetry, algorithmic discrimination, and inadequate protection for vulnerable stakeholders, while underscoring the need for e-commerce governance grounded in Islamic values and human rights norms.
NIKAH HAMIL DALAM PASAL 53 KHI: ANALISIS IMPLEMENTASI DAN PROBLEMATIKA MAQASHID ASY-SYARI’AH DI KECAMATAN KOTA AGUNG Natika Audy; Marwin; Agus Hermanto
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: 10.46773/16spvv56

Abstract

This study analyzes the application of Article 53 of the Compilation of Islamic Law (KHI) regarding the marriage of pregnant women as a result of adultery in the perspective of maqāṣid asy-syarī'ah, with a case study in Kota Agung District, Tanggamus Regency. The phenomenon of pregnancy outside of marriage not only presents moral issues, but also raises legal issues related to the protection of women, the certainty of the status of the child, and social approval. Article 53 KHI is presented as a legal solution by allowing marriage between a pregnant woman and the man who impregnated her without waiting for the child to be born. This study uses a descriptive qualitative approach through interviews, observations, and documentation studies, and is analyzed using source and method triangulation techniques. The results of the study show that the normative application of Article 53 of the KHI is in line with the objectives of maqāṣid of asy-syarī'ah, particularly in protecting women's honor (ḥifẓ al-'irḍ), lineage (ḥifẓ an-nasl), and safety of life (ḥifẓ an-nafs). This policy is considered capable of minimizing social stigma and providing administrative legal certainty for women and children. However, at the practical level, its implementation still faces moral and administrative challenges, as well as the risk of normalizing marriage during pregnancy if it is not accompanied by preventive training. Therefore, this study emphasizes the importance of repositioning maqāṣid asy-syarī'ah not only as the basis for legal permissibility, but also as an evaluative and preventive instrument in Islamic family law policy.
REKONSTRUKSI KONSEP KAFĀ’AH SEBAGAI FONDASI KELUARGA SAKINAH: ANALISIS SOSIOLOGIS PANDANGAN KH AHMAD ZABIDI MARZUQI Darmawan, Muhammad Adib
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/kgxjbc04

Abstract

This article examines the concept of kafā’ah in Islamic marriage through an analysis of KH Ahmad Zabidi Marzuqi’s thought using a family sociology approach. The study aims to reconstruct the meaning of kafā’ah as a foundation for building a sakinah family and to assess its relevance within modern social contexts and Indonesian positive law. This research employs a qualitative approach in the form of a biographical study of a religious figure. Primary data were obtained through in-depth interviews with KH Ahmad Zabidi Marzuqi, while secondary data were collected from relevant literature on Islamic family law and family sociology. Data were analyzed interpretatively using Talcott Parsons’ structural-functional theory, particularly the AGIL framework (Adaptation, Goal Attainment, Integration, and Latency). The findings reveal that KH Ahmad Zabidi Marzuqi conceptualizes kafā’ah as a mechanism of functional balance within the family, emphasizing value compatibility, the husband’s moral leadership, and functional differentiation of spousal roles. However, critical analysis indicates that an excessive emphasis on hierarchical structures may limit relational flexibility in contemporary societies characterized by changing gender relations and increasing demands for marital partnership. Within the framework of Indonesian positive law, kafā’ah does not possess binding legal authority and functions primarily as an ethical and sociological consideration. Therefore, this article argues for the reconstruction of kafā’ah as a functional–participatory principle that is adaptive, equitable, and responsive to contemporary social dynamics.
PROHIBITING DIVORCE, PRESERVING HARMONY : A MAQĀṢIDI AND GENDER JUSTICE ANALYSIS OF THE MAK DIJUK SIANG TRADITION IN LAMPUNG PEPADUN COMMUNITY, INDONESIA Hanifah Nur Qotrunnada; Qosim Khoiri Anwar; hanifahnur
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: 10.46773/31fp8650

Abstract

This study aims to explain the practice of the Mak Dijuk Siang tradition  as a prohibition of divorce in the indigenous people of Lampung Pepadun Ratu Buay Semenguk and assess its relevance through the perspective  of maqāṣid al-syarī'ah and gender justice theory. This tradition places marriage as a social institution that must be maintained through multi-layered conflict resolution mechanisms, ranging from the nuclear family to traditional contractors, so that divorce is seen as an act that undermines clan honor and social stability. The study used a descriptive-analytical qualitative method by combining primary data from interviews and secondary data from Islamic family law literature, maqāṣid al-syarī'ah, and gender studies. The results of the study show that Mak Dijuk Siang is in line with the principles of Islamic family law which emphasizes family reconciliation and mediation before divorce is taken. Within the framework of maqāṣid al-syarī'ah Jasser Auda, this tradition functions to comprehensively protect honor, descent, and social welfare. Gender analysis shows the potential for inequality due to patrilineal structures, but customary practices also contain protective mechanisms through the role of traditional leaders that function to maintain balance and justice. This tradition can be maintained as long as it is interpreted adaptively and remains oriented towards family justice.
PERNIKAHAN DINI DALAM PERSPEKTIF HUKUM KELUARGA ISLAM DAN HUKUM POSITIF INDONESIA: IMPLIKASI TERHADAP PEMENUHAN HAK DAN KEWAJIBAN SUAMI ISTRI(Studi Kasus di Desa Lubuk Betung) Misbahuzzulam; Alwi Hidayat
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: 10.46773/7rmb8081

Abstract

This study examines the practice of early marriage from the perspective of Islamic family law and Indonesian positive law, focusing on its implications for the fulfillment of the rights and obligations of husbands and wives. The main issue analyzed is the tension between the legality of marriage dispensations and the reality of young couples' unpreparedness to carry out household responsibilities. This study uses a normative juridical approach combined with an empirical approach through a review of legislation, Islamic family law literature, and field data from interviews in Lubuk Betung Village. The results show that early marriage leads to failure to fulfill physical and emotional needs, imbalance in husband-wife relations, weak family economic resilience, and increased conflict and divorce. These findings indicate that early marriage tends to fail to achieve the objectives of marriage in Islamic family law. Therefore, this study emphasizes the importance of the maqāṣid al-syarī‘ah approach, particularly ḥifẓ al-nafs and ḥifẓ al-nasl, as the basis for reconstructing marriage dispensation policies oriented towards the welfare of the family.
KETAHANAN RUMAH TANGGA MAHASISWA BERKELUARGA: STUDI FENOMENOLOGIS DAN ANALISIS MAQĀṢID SHARĪ’AHDI STDI IMAM SYAFI’I JEMBER Muhammad Zakki; Nelud Darajaatul Aliyah; Nur Baiti Hidayah
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/q0rst515

Abstract

Marriage is a solemn act of worship for the perfection of religion, as is education in Islamic law. Combining these two acts of worship is not easy; in fact, it is fraught with challenges. This study aims to identify the factors of resilience in the households of married students at STDI Imam Syafi'i Jember and their relevance to the values of maqāṣid sharī'ah. This study is a qualitative study with a phenomenological approach, which is an approach to reveal the phenomena experienced by a group of individuals clearly. The results of this study found that there are two types of household resilience factors, namely positive factors, such as piety to Allah Ta'ala, open communication, ability in time and role management, sufficient economy, and commitment to study in Jember. Then there are negative factors, such as difficulties in time management, difficulties in earning a living, difficulties in managing emotions, and intervention from the extended family. These factors are closely related to the core values of maqāṣid sharī’ah: hifz al-dīn, hifz al-nafs, hifz al-nasl, hifz al-‘aql, and hifz al-māl. This study is expected to provide a deep understanding of the concept of maqāṣid sharī’ah in the context of household resilience and harmony.
KETIDAKPASTIAN HUKUM SYIBHUL IDDAH BAGI MANTAN SUAMI: STUDI EMPIRIS ATAS IMPLEMENTASI EDARAN DIRJEN BIMAS ISLAM DI KABUPATEN BATU BARA Muhammad Iqbal Irham; M. Syahnan; Rahma, Putri
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/ryazm284

Abstract

This study examines the implementation of the Director General of Islamic Guidance Circular No. P-005/DJ.III/HK.00.7/10/2021 on recording the iddah period for women in KUA Medang Deras District, Batu Bara Regency, focusing on the legal uncertainty of syibhul iddah for former husbands. Using empirical legal research with qualitative methods, data were collected through in-depth interviews, participatory observation, and documentation analysis from KUA staff, former spouses, and community figures. Findings reveal consistent administrative recording of women's iddah but significant social pressure on former husbands to delay remarriage, creating normative confusion unsupported by fiqh or positive law. Through maqāṣid al-sharī'ah analysis, the practice is deemed redundant for nasab protection, disproportionate for honor safeguarding, and contrary to psychological well-being. Recommendations include revising the circular to clarify former husbands' status, enhancing KUA verification procedures, and maqasid-based socialization to achieve post-divorce legal certainty.

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