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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 237 Documents
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THE EXISTENCE OF THE TRADITION OF THE PROHIBITION OF NGIDUL-NGETAN MARRIAGE: AN ANALYSIS OF LIVING LAW AND ʿURF IN ISLAMIC LAW Fattaah, Abdul; Rahmawati, Pebry
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/jhc5qt71

Abstract

This study aims to analyze the acceptance, response, and practice of the Ngidul Ngetan marriage prohibition in Bangunrejo Village and examine its position from the perspectives of Eugen Ehrlich's Living Law theory and the Islamic legal concept of ʿUrf. The Ngidul Ngetan tradition prohibits marriage between residents of Bangunrejo and Sekaralas villages based on the belief that the south-east directional alignment resembles a sickle shape, symbolizing misfortune. This research employs a qualitative approach with a juridical-empirical design. Data were collected through in-depth interviews with four categories of informants: customary leaders, religious figures, marriageable-age residents, and couples who violated the tradition. Data were analyzed using descriptive-analytical methods through data reduction, categorization, theoretical interpretation, and source triangulation. The findings reveal that the normative strength of the Ngidul Ngetan tradition has significantly weakened, shifting from a sacred norm to a symbolic social norm maintained through respect for ancestors and social harmony rather than fear of supernatural consequences. From the Living Law perspective, this tradition represents living law as it operates without formal enforcement and adapts dynamically. From the ʿUrf perspective, this tradition is categorized as ʿurf ṣaḥīḥ (valid custom) as it does not contradict Islamic principles and promotes social welfare. This research contributes to understanding the harmonious synergy between customary law and Islamic law in shaping legal consciousness in Indonesian society.
STEREOTIP MAHASISWI BERCADAR DAN REAKSINYA TERHADAP  MAHASISWI STAI MUHAMMADIYAH PROBOLINGGO Rahman, Aulia; Abil Fida, Imanuddin; Luayyin, Reza Hilmy
USRAH: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2023): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/14wh9z64

Abstract

This paper aims to find out the forms of stereotypes obtained by students as well as to be able to understand the reactions of niqab students due to the negative stereotypes they get. There are some students who wear the niqab but almost all niqab students have received negative stereotypes both from internal campus and from external campus. The methodology used in this research uses a descriptive qualitative approach that describes the nature of something that is happening at the time of research and examines the cause of two symptoms. The data obtained from observations and interviews show that the negative stereotypes that female students get vary in form, including being said to be pretentious, said to look like ninjas, like terrorists, radical jama'ah, just following the trend, and following their parents. The reactions of veiled female students due to negative stereotypes also vary, including the majority of those who wear the veil being ordinary and indifferent to the negative stereotypes labeled to them. Although there is a slight sense of disappointment and sadness, they are even mature and positive thinking while still praying for those who label negatively so that they will soon realize and understand.
INTENSITAS PERNIKAHAN DINI DAN PERCERAIAN DINI DI DESA ROWOGEMPOL KECAMATAN LEKOK KABUPATEN PASURUAN TAHUN 2022-2023 Fida , Imanuddin Abil; Sulihiyah
USRAH: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2023): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v4i2.1021

Abstract

Marriage is crucial for fulfilling human biological needs. Often, couples opt for early marriage, which unfortunately may end in early divorce. In Indonesia, these cases are not uncommon, with an increase observed in 2023 compared to previous years. The quality of children, family, family harmony, and divorce are all influenced by these issues, leading to school dropout rates. In Desa Rowogempol, Kecamatan Lekok, Kabupaten Pasuruan, early marriages are prevalent despite the enactment of Law No. 16 of 2019, which sets the minimum marriage age at 19 for both genders. This context sets the basis for this study, aiming to understand the intensity, factors, and impacts of early marriage and divorce in Desa Rowogempol. The research employs qualitative methods (field research). Quantitative data on early marriages are collected from the Office of Religious Affairs (KUA) in Kecamatan Lekok, while data on divorces resulting from early marriage are obtained from the Religious Court (PA) in Kabupaten Pasuruan. Qualitative data are gathered through face-to-face interviews and online media with relevant parties. The study reveals an increase in early marriage intensity from 2022-2023, while early divorce shows a decline. Generally, early marriages occur due to arranged marriages or inappropriate social interactions, often leading to early divorces due to frequent conflicts stemming from the arranged nature of the marriage. keywords: Early Marriage, Early Divorce, Intensity of Marriage and Divorce
ANALISIS DAMPAK POLIGAMI DALAM KEHARMONISAN RUMAH TANGGA: STUDI KASUS DI KECATAMAN KANIGARAN KOTA PROBOLINGGO Fida , Imanuddin Abil; Hoiriyah, Rosidatul
USRAH: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2023): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v4i2.1044

Abstract

This article aims to examine the concept of the impact of polygamy on household harmony which is currently, widespread in people’s lives today. The family, as a unit formed from marriage, creates a relationship that is Sakinah, Mawadah, Warahmah. Polygamy, is a process in which a man has more than one wife at the same time, Islam allows it with certain conditions.       However, the psychological impact on wives and children includes family conflict, competition between wives, as well as negative impacts on children’s development, including lack of love and trauma. Justice in polygamy is the key to preventing these negative impacts. Keywords:  Polygamy; Impact of Polygamy; Family.
INTENSITAS PERCERAIAN DI PENGADILAN AGAMA KABUPATEN PASURUAN TAHUN 2022-2023 Fida, Imanuddin Abil; Sabaruddin, Haidir
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i1.1045

Abstract

Marital relationships are the most important thing in fulfilling human biological needs. However, domestic life after marriage is not as easy as imagined In Indonesia, divorce cases are still widespread. Especially in Pasuruan Regency in 2022 the intensity of cases found was 2,428 and in 2023 at the beginning of January there were 299 divorce cases. Most of these divorce cases are lawsuit divorces. The reason given by the plaintiff was the economic crisis. This context serves as the basis for the study conducted. The aim is to determine the intensity of divorce in Pasuruan Regency. The research uses the library research method. The data obtained by researchers uses a quantitative approach, namely quantitative data collecting divorce data at the Pasuruan Regency Religious Court (PA) through online media, namely through news reports from the Pasuruan Regency Religious Court. Keywords: Intensity; Divorce; Religious Courts.
ANALISIS PERAN WAKAF LAHAN DALAM PENGEMBANGAN INFRASTRUKTUR SOSIAL: STUDI KASUS PEMBANGUNAN MASJID-MUSHOLA DI KECAMATAN LECES Fida , Imanuddin Abil; Fasil, Maulana Rihdo Al
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i1.1049

Abstract

This research aims to analyze the role of waqf land in the development of social infrastructure, with a focus on the construction of mosques and prayer halls in the Leces District. A mixed-methods research methodology is employed to gain a comprehensive understanding of the perspectives, motivations of waqf donors, influencing factors, and the utilization process of waqf land for mosques and prayer halls. Quantitative data is obtained through surveys and statistical analysis, while qualitative data is gathered through interviews and observations. The results of this research are expected to provide in-depth insights into the potential and contribution of waqf land to social development in the Leces District and serve as a foundation for the development of more effective policies in managing waqf land. Keyword: waqf; social infrastructure; mosque musalla.
KELALAIAN SUAMI DALAM MENAFKAHI ISTRI KARENA PERILAKU KONSUMTIF: ANALISIS HUKUM ISLAM DI KELURAHAN LANGKAPURA BARU,KOTA BANDAR LAMPUNG Sherina Kairunnisa Rusman; Zikri; Ahmad Ikhwani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/r4nc1x50

Abstract

This research is motivated by the phenomenon of neglecting livelihood in households when husbands prioritize consumptive behavior such as collecting luxury goods over meeting family needs. This study aims to analyze the forms of neglect of livelihood that arise due to disproportionate use of assets, and examine the consequences and status from an Islamic legal perspective. The study was conducted using a descriptive qualitative approach to understand the social, economic, and dynamic conditions of families experiencing neglect of livelihood due to consumptive behavior. The results show neglect of basic family needs, a gap in perception between husband and wife regarding the fulfillment of livelihood, and the emergence of psychological stress and household disharmony. From an Islamic legal perspective, these actions fall into the categories of taqsir (negligence) and isrāf (wastefulness), which contradict the principle of qiwāmah and the objectives of sharia in protecting life and property. In conclusion, consumptive behavior that results in neglect of livelihood not only violates religious provisions but also has the potential to harm family welfare. Therefore, understanding livelihood priorities and strengthening education on financial management according to Islamic values ​​is essential
KONTEKSTUALISASI MENJAGA KETURUNAN DALAM PERNIKAHAN TERHADAP FENOMENA CHILDFREE Ai Samrotul Fauziah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/7nkn1c67

Abstract

This study analyzes the childfree phenomenon in relation to the Islamic concept of preserving lineage (ḥifẓ al-nasl) as one of the main purposes of marriage. The research employs a qualitative method with a library research approach and descriptive–narrative analysis. Data were obtained from scholarly literature, accredited journals, and relevant Islamic legal documents. The findings indicate that the decision to be childfree is influenced by economic, social, cultural, and psychological factors that often contradict religious teachings and social norms in Indonesian society. From an Islamic perspective, preserving lineage is part of the maqāṣid al-sharī‘ah, which emphasizes the continuity of the ummah and demographic balance. This study recommends strengthening social policies, Islamic-based family education, and psychological support for productive-age couples to enhance their readiness for parenthood and maintain generational sustainability in the future.
The DYNAMICS AND SCIENTIFIC VISUALIZATION IN GENDER EQUALITY RESEARCH BASED ON ISLAMIC LAW: A BIBLIOMETRIC STUDY Muchammad Rosyiid; Lismawati Lismawati
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/t0hev192

Abstract

This study aims to analyze the dynamics and scientific visualization of gender equality research based on Islamic law using bibliometric methods. Drawing on data from Scopus comprising 144 documents, the research employs a quantitative approach to identify publication trends, author collaboration patterns, geographic distribution, institutional affiliations, and the main emerging themes in the literature. The analytical methods include co-authorship, co-occurrence, and bibliometric coupling, visualized using VOSviewer and Microsoft Excel. The findings reveal a significant increase in publication volume beginning in 2018, peaking in 2024. Indonesia emerges as the leading contributor to this field, followed by the United Kingdom, Malaysia, and the United States. The research focuses on themes such as gender equality, Islamic law, and family law, with strong connections to human rights issues and legal reform. Thematic mapping indicates that normative issues and women's rights are dominant topics, while areas such as Islamic inheritance and gender mainstreaming are positioned as either emerging or declining. This study contributes to the mapping of scientific publications and offers strategic recommendations to strengthen interdisciplinary collaboration, expand data coverage, and promote Islamic legal reforms that are more responsive to gender equality.
PERWALIAN ANAK DI LUAR PERKAWINAN DALAM PERSPEKTIF MAZHAB SYAFI’I DAN HANAFI: ANALISIS FIQH PERBANDINGAN DAN IMPLIKASINYA TERHADAP HUKUM KELUARGA ISLAM Aniqotul Fitriyah; Ita Rahmania Kusumawati
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/8fth4179

Abstract

Marriage according to Islam is an act of worship with a very strong contract to obey God's commands and carry them out with a chosen partner. This study discusses the guardianship of children born out of wedlock to determine whether they are related to their father or not by comparing the differences of opinion between the Shafi'i and Hanafi schools of thought. Using descriptive literature research and a qualitative approach, the researcher attempts to explain the differences between the Shafi'i and Hanafi schools of thought regarding the guardianship of children born out of wedlock. The Shafi'i school considers a guardianship as a valid pillar of marriage. Therefore, an illegitimate child who does not have a guardian through his father requires a legal guardian to marry him because he does not have a lineage to his biological father. On the other hand, the Hanafi school of thought states that a guardian is not an absolute requirement, so an adult and sane woman can marry herself without a guardian.

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