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Tuhfatul Janan
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usrah.staimpro@gmail.com
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Jl. Soekarno - Hatta No. 94B, Sukabumi, Kecamatan Mayangan, Kota Probolinggo
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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 CONCEPT OF FIVE BREASTFEEDING IN DETERMINING MAHRAM RELATIONSHIPS AND ITS RELEVANCE IN THE MODERN ERA Widia Astuti; Ruslan Sangaji; Rika Afrinia Wulandari Syam; Hafilah Ramadani; Erzy Aurelia Maharani
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/p7j8g863

Abstract

The formation of a mahram relationship through breastfeeding is a fundamental aspect of Islamic family law, carrying significant legal consequences, especially in relation to marital restrictions. This study aims to explore the notion of five instances of breastfeeding as a condition for establishing a mahram bond from a fiqh-based perspective and to assess its applicability in contemporary society. A combination of normative and sociological legal approaches is employed, utilizing a literature-based method that examines classical fiqh sources, Indonesian legal frameworks, and scholarly publications. The findings indicate that although the concept of five breastfeeding instances is broadly accepted among Islamic Mazhab, its practical application in modern settings remains complex, particularly regarding documentation and legal verification. Thus, a comprehensive legal framework that harmonizes Shariah principles with national legal systems is essential to ensure the legal clarity of breastfeeding-based mahram relationships, while also safeguarding lineage, marital regulations, and core family values.
REKONSTRUKSI KONSEP NUSYUZ DALAM HUKUM KELUARGA ISLAM: ANALISIS TASYRI’ DAN IMPLIKASINYA TERHADAP RELASI SUAMI-ISTRI Luluk; Rahmat Hidayat
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/xt7vkx08

Abstract

This study discusses Tasyri’nusyuz and the analysis of 'illat and maqashid shari'ah on the proof of nusyuz in the decision of the Sleman Religious Court, namely Number 1775/Pdt.G/2023/PA. Smn, Number 576/Pdt.G/2024/PA. Smn, and Number 1223/Pdt.G/2023/PA. Smn with the aim of knowing the legal considerations in assessing 'illat nusyuz and how the decision is reviewed using maqashid shari'ah. This research uses a qualitative method with a normative juridical approach and case studies. The data source used a copy of the Sleman Religious Court Decision Number 1775/Pdt.G/2023/PA. Smn, Number 576/Pdt.G/2024/PA. Smn, Number 1223/Pdt.G/2023/PA. Smn, Compilation of Islamic Law, the Qur'an, and literature related to titles. The results of the study show that the application of 'illat in proving nusyuz is strictly carried out by the judge, so that the status of nusyuz is only determined when the element of reinforcement of the wife's obligations is legally proven at trial. Based on the analysis of the sharia maqashid, in the decision of the Sleman Religious Court, namely Number 1775/Pdt.G/2023/PA. Smn, Number 576/Pdt.G/2024/PA. Smn, and Number 1223/Pdt.G/2023/PA. Smn achieved three maqashid shari'ah, namely hifz al-Nafs, hifz al-ird, and hifz al-Māl. Theoretically, in these findings the judge shows a form of ijtihad through limiting arbitrary nusyuz claims, through 'illat testing and the maqasid approach, so that nusyuz is not used as punishment, but rather as a form of justice.
MULTIPERAN PEREMPUAN DAN KETAHANAN RUMAH TANGGA: ANALISIS HUKUM ISLAM TERHADAP PRAKTIK PEREMPUAN MODERN Hanifah Vemilia Zia Azizah Sartono; Arif Husnul Khuluq
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/n3a6dz46

Abstract

Women are a key factor in maintaining household resilience. However, social developments in the modern era have given rise to the phenomenon of multiple roles among married women with children, which is often viewed as potentially disruptive to family stability. This study aims to analyze the impact of multiple roles on household resilience, the strategies employed to achieve household resilience, and the perspectives of Islamic law on this practice. This study employed a descriptive qualitative approach, with data collection techniques including interviews, observation, and literature review. The results indicate that women's multiple roles are not always detrimental to household integrity; instead, they can strengthen household stability provided they manage their roles effectively, manage their time effectively, and receive family support. From an Islamic legal perspective, multiple roles are permissible (mubah) as long as household obligations are met and in accordance with sharia. This research provides a legal basis for modern women to balance social and family roles. The primary contribution of this research lies in its empirically based study of modern women's practices, analyzed from an Islamic legal perspective, with a focus on strengthening household resilience.
FAMILY LAW REFORM IN TURKEY: ANALYSIS OF THE ROLE OF MUSTAFA KEMAL ATATÜRK THROUGH PIERRE BOURDIEU'S HABITUS THEORY FRAMEWORK Taufiq Ikram Ash Syidiqi; Rafi’aturrahman; Johari
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/yg8ace33

Abstract

This study aims to analyse the role of Mustafa Kemal Atatürk in the radical reform of family law in Turkey, which shifted from an Islamic legal system to a secular one. Using a normative-qualitative approach with a legislative and conceptual approach, data was collected from primary legal documents, historical archives, and relevant academic literature. Research findings indicate that Atatürk's success in enacting the Turkish Civil Code of 1926, which replaced the Ottoman Law of Family Rights (1917) and adopted the Swiss Civil Code, cannot be understood merely as an individual political decision. Using Pierre Bourdieu's theory of practice, formulated as (Habitus × Capital) + Arena = Practice, this study argues that Atatürk's reforms were a social practice shaped by the interaction between his personal disposition (habitus), accumulated capital (military, cultural, and symbolic), and the unique historical-political arena following the collapse of the Ottoman Empire. Substantive elements of reform included a total ban on polygamy, the institutionalisation of divorce through the courts, and the enforcement of equal inheritance rights between men and women. The study concluded that the secularisation of Turkish family law was a planned social engineering project, made possible by the convergence of Atatürk's modernist agency and a transformative historical arena.
LAVENDER MARRIAGE SEBAGAI KEKERASAN SEKSUAL PSIKIS DALAM HUKUM INDONESIA: REINTERPRETASI PASAL 4 UU TPKS MELALUI PERSPEKTIF HUKUM PROGRESIF Mufatihatuttaubah Rorom Ika Putri; Umi Sumbulah; Ahmad Izzuddin
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: 10.46773/1b9nqa87

Abstract

The practice of lavender marriage, which is motivated by one party's dishonesty regarding their sexual orientation, has significant psychological and social consequences for the couple. However, to date, there are no regulations that explicitly govern and provide legal protection against this practice, so it has not been dealt with optimally. This article aims to review legal regulations related to psychological sexual violence in order to formulate a direction for legal reform that can respond to the practice of lavender marriage. This study uses a normative-qualitative method with a document study approach to interpret Article 4 paragraph (2) letter d of the Sexual Violence Criminal Law (TPKS Law) through a progressive legal perspective. The results of the study show that this article can be interpreted more broadly as a form of psychological sexual violence that includes the practice of lavender marriage and various other forms of non-conventional sexual violence. Thus, the application of progressive law encourages the law not to stop at normative texts, but to function adaptively and humanistically in responding to the needs of substantive justice and realising justice and community welfare
ANALISIS MAQASID SYARIAH AL-SYATHIBI TENTANG KEWARISAN ANAK PEREMPUAN DALAM PERKAWINAN ADAT MISAN Ita Rahmania Kusumawati; Fahrurrozi
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/p2texd96

Abstract

This study examines the practice of daughters' inheritance in the customary misan (endogamous) marriage in the Ssasak Tribe's aristocratic community using the perspective of the maqasid sharia of Imam al-Syathibi. The main focus of this study is to analyze the legality of customary misan marriage and its implications for daughters' inheritance rights, particularly restrictions on access to the family's principal assets. This study uses a qualitative approach with a literature study combined with a conceptual normative analysis of customary law, Islamic inheritance law, and the concept of maqasid sharia in the book al-Muwafaqat. The results show that customary misan marriage does not conflict with Islamic law because it is not included in the category of prohibited marriages. The practice of limiting the inheritance rights of noble daughters is understood as a customary mechanism to maintain the honor, lineage, and family assets so that they remain within one kinship line. From the perspective of maqasid sharia, this practice can be categorized as an effort to maintain the public interest which is included in the dharuriyyat needs, even though it has individual consequences. Thus, the inheritance system in customary marriages can be accepted as long as it does not violate the principles of Islamic law and remains oriented towards the welfare of the community
STRATEGI PENGADILAN AGAMA SOREANG DALAM MENGOPTIMALKAN PELAYANAN SIDANG KELILING PASCA IMPLEMENTASI INPRES NO. 1 TAHUN 2025 TENTANG EFESIENSI Ahmad Rojak Lahabato; Aden Rosadi; Burhanuddin
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/m2gktw44

Abstract

This study aims to examine the implementation of Presidential Instruction No. 1 of 2025 on the allocation and realization of the mobile court budget, analyze the factors that support and hinder efficiency, and develop strategies for the Soreang Religious Court in supporting the quality of the mobile court program. This research uses an empirical juridical approach and descriptive methods, with primary data from interviews with court officials and secondary data from institutional documents and legal literature. This research found that the efficiency policy has resulted in a reduction in the frequency of mobile court sessions and a more efficient schedule. Mobile court sessions were successfully implemented due to supporting factors, including leadership commitment, information technology integration, and inter-agency synergy, while the obstacle was the lack of community participation in mobile court sessions, with people preferring to attend sessions at the court building. Cooperation with local governments and the Religious High Court has created a strategy that balances administrative efficiency and substantive justice, which is a finding of this study, particularly in court governance based on public interest.
ANTARA FORMALITAS DAN REALITAS BIMBINGAN PERKAWINAN DALAM MEMBANGUN RUMAH TANGGA BERKUALITAS ANALISIS TEORI SISTEM HUKUM LAWRENCE M. FRIEDMAN DI KUA KECAMATAN WEDI Anisa Fitri Rohimah; Andi Wicaksono
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: 10.46773/4eftq953

Abstract

Marriage Guidance (Bimwin) is a premarital guidance program designed to equip prospective brides and grooms in building a quality household. This study analyzes the implementation of Bimwin at the Religious Affairs Office (KUA) in Wedi District, Klaten Regency, by examining the gap between the program's objectives and the reality of its implementation. The study used a descriptive qualitative approach through observation, interviews with organizers, facilitators, participants, and alumni of Bimwin, as well as documentation studies. Data analysis was conducted using the Miles and Huberman model within the framework of Lawrence M. Friedman's legal system theory. The results indicate that Bimwin has been implemented, but has not been running optimally due to time constraints, participant work permit constraints, and material compression, so it tends to function as a policy formality. This study enriches the discourse on the effectiveness of family policy by emphasizing that Bimwin's effectiveness is determined by the integration of legal structure, policy substance, and participants' legal culture. The implications of this study indicate the need for reformulation of Bimwin's implementation that is more oriented towards strengthening substantive aspects and internalizing family guidance values.
FASHAKH NIKAH DUE TO DEFECTS (‘AIB): ANALYSIS OF CRITERIA AND LEGAL IMPLICATIONS ACCORDING TO WAHBAH AZ-ZUHAILI Berliano Arrasyid; Irfan Zulfikar; Muhammad Hafis; Mardiana
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: 10.46773/31t65t69

Abstract

This study analyzes Wahbah Al-Zuhaili's views on defects (‘aib) as grounds for fasakh (annulment of marriage) and their relevance to the Compilation of Islamic Law (KHI). A literature review of Al-Fiqh al-Islami wa Adillatuhu reveals that Al-Zuhaili rejects limiting ‘aib to the traditional list. He innovatively develops two criteria: functional (defects that hinder the essential objectives of marriage, such as conjugal relations) and harmonization (defects that cause harm, revulsion, or destroy marital tranquility/sakinah). This maqasid-based approach implies an expansion of the right to khiyar al-‘aib and clarity in legal consequences, including the status of irrevocable divorce (talak bain), stipulations on dowry, and the possibility of compensation. In a contemporary context, this framework is relevant for accommodating modern chronic illnesses such as HIV/AIDS or severe mental disorders that undermine the foundation of marriage. A comparative analysis with the KHI reveals a principled alignment in Article 75, yet a procedural divergence: the KHI emphasizes formal court proceedings, whereas Al-Zuhaili prioritizes restorative justice. These findings recommend employing Al-Zuhaili's thought as an analytical lens for the progressive interpretation of the KHI, enabling Indonesian Islamic family law to be more responsive and equitable in resolving contemporary marital disputes arising from defects.
PRAKTIK PENGANGKATAN ANAK DI KABUPATEN PACITAN: IMPLIKASI ADMINISTRASI KEPENDUDUKAN TERHADAP PERWALIAN NIKAH DALAM PERSPEKTIF FIQH MUNAKAHAT Doni Isroyan; Izzul Mutho`
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: 10.46773/34k46t59

Abstract

This study analyzes child adoption practices in Pacitan Regency and its implications for marriage guardianship from a Fiqh Munakahat perspective. The primary focus is the administrative recording of adoptive parents' names in birth certificates, which potentially obscures a child's lineage (nasab). Through qualitative field research at the Pacitan Civil Registration Office, Religious Court, and Arjosari Religious Affairs Office, it was found that the Civil Registration Office employs a "marginal note" (catatan pinggir) policy to maintain the authenticity of the child's origins based on court decrees. Sociologically, legal awareness for formalizing adoption remains low in Pacitan, as most cases are handled informally due to economic or educational factors. In Fiqh Munakahat, adoption does not automatically grant marriage guardianship rights to adoptive parents; these rights remain with the biological guardian (wali nasab) as stipulated in Surah Al-Ahzab verse 5. The marginal note policy is considered a form of maslahah mursalah that upholds the principle of hifdz al-nasab for the validity of marriage under Sharia law. Keywords:  Child Adoption; Birth Certificate; Marriage Guardianship; Fiqh Munakahat; Pacitan Regency.  

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