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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 237 Documents
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RELASI EMOSIONAL NON-FISIK PEREMPUAN DALAM MASA IDDAH DI ERA MEDIA SOSIAL ANALISIS MAQASID AL-SYARI’AH DAN SADD AL-DZARI’AH Yusita Tri Andani; Muhammad Zainuddin Sunarto
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/drw5ad29

Abstract

This study examines the phenomenon of non-physical infidelity through social media among women undergoing the iddah period, an issue that has developed along with the rapid development of digital technology. The purpose of this study is to analyze the forms of non-physical infidelity of women during the iddah period, the Islamic legal perspective on this phenomenon, and its impact on the objectives of iddah and the chances of reconciliation. This study is a normative-maqasid legal study with a textual approach, using secondary data analyzed through descriptive-analytical content analysis methods. The results show that women undergoing the iddah period are not permitted to interact digitally with non-mahram men without urgent reasons, because it can damage honor and reduce the chances of reconciliation. Non-physical infidelity, even though it does not involve physical contact, can damage the moral values ​​and sanctity of the iddah period. This study presents a methodological novelty by linking the phenomenon of non-physical emotional relationships on social media with the sadd al-dzari'ah approach as a preventive instrument in Islamic law.
PENGESAHAN ANAK ZINA MENURUT PUTUSAN MAHKAMAH KONSTITUSI DALAM PERSPEKTIF MAQASHID SYARIAH Hamdah Faridah; Muhamad Mustahal; Fathudin
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/aqvsdf30

Abstract

Constitutional Court Decision Number 46/PUU-VIII/2010 is the state's legal response to the need for legal protection for children born out of wedlock. This decision expands the civil relationship between illegitimate children and their biological fathers based on scientific evidence, without being intended as a validation of Islamic lineage. This study aims to analyze the legal implications of this decision in the national legal system and examine it through the perspective of Maqashid Syariah, specifically the balance between the protection of the child's life and rights (hifz al-nafs) and the protection of descendants (hifz al-nasl). The method used is normative legal research with a statutory and conceptual approach, accompanied by an analysis of the ratio decidendi of the Constitutional Court decision. The results of the study indicate that the expansion of civil relationships is a form of legal responsibility of biological fathers and is not identical to the determination of lineage in Islamic law. Through the Maqashid Syariah approach, this decision can be understood as a state legal ijtihad to protect children's rights without violating the basic principles of Islamic lineage..
INTERNALISASI NILAI TEPUK SAKINAH DALAM MEMBANGUN KEHARMONISAN KELUARGA: STUDI PADA PASANGAN BARU MENIKAH DI JEMBER Abdurrahman Mahmud; Emha Aminullah
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/h9qm3h29

Abstract

This study investigates the implications of Tepuk Sakinah premarital education for family harmony among newly married couples in Jember City. Employing a qualitative approach with a case study design, data were obtained through in-depth interviews with couples who had attended premarital counseling programs and were analyzed using thematic analysis. The results reveal that Tepuk Sakinah does not merely serve as an ice-breaking activity, but functions as a medium for internalizing core Islamic marital values, namely zawaj, mitsaqan ghaliza, mu’asyarah bil ma’ruf, deliberation (musyawarah), and tarāḍhīn. These values are internalized in early marital life through dialogical communication, emotional bonding, heightened awareness of marital commitment, and mutual acceptance of spousal differences. The primary implication of this internalization is the strengthening of family harmony, which is conceptualized not as the absence of conflict, but as couples’ ability to manage relational dynamics and conflicts constructively. The novelty of this study lies in demonstrating that a symbolic and participatory premarital education method, integrated with a meaningful communication (deep talk) approach, can generate sustainable effects on early marital relationships. This study underscores the need to develop premarital education models that are communicative, contextual, and grounded in religious values
OPTIMALISASI PERLINDUNGAN HAK EKONOMI ISTRI PASCA PERCERAIAN MELALUI KEWENANGAN EX OFFICIO HAKIM: STUDI KASUS DI PENGADILAN AGAMA SURABAYA Ahmad Ifril Aufia Shonhaji; Bashori Alwi
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/skbv7v29

Abstract

The application of the ex officio authority of Religious Court Judges (PA) is a progressive effort to optimize the protection of wives' economic rights post-divorce, particularly nafkah iddah (maintenance during the waiting period), responding to the empirical gap where wives often fail to claim their rights. This study analyzes the implementation of ex officio authority by PA Surabaya Judges, focusing on a comparative mechanism of imposing nafkah iddah in both cerai talak (husband-filed divorce) and cerai gugat (wife-filed divorce) cases, including an analysis of case number 5221/pdt. G/2025/PA. Sby. An empirical juridical approach is used to examine the philosophical basis of Article 4 Paragraph (2) of the Judicial Power Law as an exception to the conventional ultra petitum principle. The findings indicate that in cerai talak, ex officio functions as the enforcement of the husband’s absolute obligation. Conversely, in the cerai gugat case 5221/pdt. G/2025/PA. Sby, the application of ex officio represents a form of judicial activism based on SEMA Number 3 of 2018 to grant economic rights (including nafkah iddah IDR 1,500,000.00 and mut’ah IDR 500,000.00) even though the Plaintiff did not claim them, after confirming she was not nusyuz. PA Surabaya also integrated an innovative execution mechanism through the suspension of Surabaya City Government public services. It is concluded that this practice successfully bridges the legal and empirical gaps, but the optimization of protection requires standardizing the SEMA 3/2018 jurisprudence into a PERMA to ensure stronger legal certainty.
HOBI REKREASIONAL DAN KETAHANAN KELUARGA MUSLIM: ANALISIS FUN FOOTBALL DALAM PERSPEKTIF HUKUM KELUARGA ISLAM STUDI KASUS JUVENTUS BOYOLALI Muhammad Ayub Afiffudin; Kurniadi
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/wp7d0k25

Abstract

This study examines the relationship between the hobby of recreational football and household harmony among Muslim families in the Juventus Boyolali community. The primary concern lies in the potential distortion of domestic relationships resulting from unmanaged recreational activities. Using a qualitative case study approach, data were collected through interviews, observations, and documentation, then analyzed using Miles and Huberman’s model and validated through triangulation. The findings indicate that recreational football does not inherently have a negative impact. On the contrary, the activity can support physical health, mental well-being, and family emotional stability when managed through proportional time allocation, open communication, and clear prioritization of obligations. The novelty of this research lies in exploring contemporary amateur sports as a tool for strengthening family resilience, rather than merely as a physical activity. The theoretical contribution enriches studies in Islamic Family Law and Muslim Family Sociology by integrating the values of mas’ūliyyah (responsibility) and mu‘āsyarah bi al-ma‘rūf (proper social conduct) in managing the husband’s private space (third space). The study concludes that household harmony is determined by relational maturity and internalization of Islamic values, rather than the mere presence of hobbies.
MULTI PERAN PEREMPUAN GENERASI SANDWICH DALAM MENJAGA KEHARMONISAN RUMAH TANGGA PERSPEKTIF MAQASHID SYARIAH Fatimah Azzahra Pardiani; Muhsan Syarafuddin
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/dx9pad39

Abstract

Women are increasingly active in both public and domestic spheres in the modern family. This condition is driven by increasing family living costs, including the responsibility of supporting parents. Such circumstances are closely related to the “sandwich generation” phenomenon, which refers to individuals who simultaneously care for their parents and children. This study aims to identify the factors influencing the multiple roles of sandwich generation women and to analyze the contribution of Islamic values in maintaining household harmony. This research employs a descriptive  qualitative method. This study reveals that economic pressures are the primary factor underlying the multiple roles assumed by women within the sandwich generation. To maintain harmony within the household, sandwich generation apply various strategies, including practicing religious principles, maintaining open communication,  flexibility in role distribution, managing emotions, and resolving conflicts. Furthermore, an analysis based on maqashid al-shari’ah shows that the multiple roles performed by sandwich generation women are consistent with the objectives of Sharia, namely hifz al-din, hifz al-nafs, hifz al-mal, hifz al-‘aql, and hifz al-nasl. Normatively, these findings indicate that the multi-role practices of sandwich generation women align with the goals of Sharia in achieving benefit and preventing harm, thereby supporting household harmony.
KETIDAKEFEKTIFAN PENCEGAHAN PERNIKAHAN DINI DI INDONESIA: ANALISIS SISTEM HUKUM LAWRENCE M. FRIEDMAN Muhammad Affan; Muhammad Zainuddin Sunarto
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/gxf5zd52

Abstract

This study examines the effectiveness of efforts to prevent early marriage in Indonesia, which remains a serious problem due to its impact on social, health, educational, and child rights protection aspects. Although the government has implemented regulatory reforms through revisions to the Marriage Law and strengthened prevention policies, the practice of child marriage continues to occur in various regions. The analysis was conducted using Lawrence M. Friedman's Legal System Theory perspective, which emphasizes the relationship between legal substance, legal structure, and legal culture. This study is a normative legal study with a conceptual approach supported by a literature review of primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials in the form of scientific literature, journals, and official reports. Data were analyzed qualitatively and prescriptively by assessing the alignment between legal norms, the performance of law enforcement agencies, and the condition of the legal culture of society. The results of the study indicate that the legal substance has developed progressively through the establishment of a minimum age for marriage and supporting regulations. However, the effectiveness of its implementation is still hampered by weaknesses in the legal structure, particularly in the inconsistent practice of granting marriage dispensations, as well as the legal culture of society that still tolerates early marriage. The lack of synchronization of these three elements has resulted in prevention efforts not being optimal
PENERAPAN NORMA HUKUM NAFKAH IDDAH DALAM PERKARA CERAI GUGAT: ANALISIS RATIO DECIDENDI PUTUSAN HAKIM PENGADILAN AGAMA Nur Aini Asri Devi; Ali Khosim; Riyan Ramdani
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: 10.46773/8m06zy16

Abstract

Iddah alimony is a post-divorce right received by the wife. Iddah alimony due to talaq is specifically regulated in Article 149 of the Compilation of Islamic Law (KHI), while the regulations on ifdah alimony for divorce have not been explicitly contained in a regulation. Because of this gap, the government issued SEMA No. 3 of 2018 as a regulation to protect the rights of wives in divorce lawsuits. However, instead of applying SEMA a quo in legal considerations, the council of judges in several judgments of iddah alimony divorce prefer to use articles 149 of the Code of Civil Code or 152 of the Code of Civil Procedure, even though the two articles normatively only apply to the consequences of talaq. The purpose of this study is to find out the practice of applying the norm of iddah alimony by judges in the Religious Court in the divorce decree and analyze its conformity with the applicable positive law. The research method used is normative legal research that focuses on examining the rules and norms of law in positive law. The results of the study show that the application of articles 149 and 152 of the KHI is not appropriate in adjudicating the maintenance of the divorce lawsuit, and has violated the principle that the decision must contain a correct and appropriate legal basis or reason as contained in article 50 paragraph 1 of Law Number 48 of 2009 concerning Judicial Power. This research is expected to be an input for judges in religious courts regarding the application of legal norms of alimony, and as a new breakthrough for lawmakers to form regulations regarding the legal consequences of divorce lawsuits.
PERLINDUNGAN HUKUM TERHADAP PERKAWINAN TIDAK TERCATAT DALAM ADMINISTRASI KARTU KELUARGA DI INDONESIA Umilia Zakiatuz Zahro Umilia; Bashori Alwi
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/q1gzr061

Abstract

Marriage registration is a crucial legal mechanism to ensure legal certainty and protection for Indonesian citizens as mandated by Law Number 1 of 1974. However, in practice, unregistered marriages remain widespread due to social and economic factors, leading to legal problems particularly for wives and children concerning rights to maintenance, inheritance, and population documents. This study aims to analyze the urgency of marriage registration and evaluate the policy of including the "Unregistered Marriage" status on the Family Card as regulated by the Minister of Home Affairs Regulation Number 108 of 2019. Using a normative juridical method with a literature review approach, this research identifies between administrative policies that facilitate the inclusion of unregistered marriage status through a Statement of Absolute Responsibility (SPTJM) on one hand, while on the other hand, such policies have not yet guaranteed substantive legal protection for women and children. Critical analysis of the normative disharmony between the administrative convenience offered by Minister of Home Affairs Regulation Number 108 of 2019 and the principle of legal certainty in the Marriage Law, as well as its impact on long-term protection for wives and children. The findings reveal that although this policy facilitates access to public services administratively, the research implications emphasize the need for more comprehensive regulatory reinforcement so that legal protection is not merely administrative in nature.
FENOMENA CHILDFREE DAN IMPLIKASINYA TERHADAP MAQASHID SYARIAH Hazmi Naufal Rosyad; Muhammad Zainuddin Sunarto
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/byrada59

Abstract

The childfree phenomenon, defined as the deliberate decision not to have children, has emerged as a significant discourse within modern society, particularly in Indonesia, where cultural and religious values emphasize the importance of family and offspring. In Islamic thought, procreation serves not only a biological function but also plays a crucial role in ensuring the continuity of faith, morality, and the civilization of the Muslim community. This study aims to analyze the childfree choice through the lens of maqāṣid al-sharī‘ah, with a specific focus on the principle of ḥifẓ al-nasl (preservation of lineage). This research employs a qualitative-normative method with a descriptive-analytical approach, examining classical Islamic jurisprudence sources and contemporary scholarly works. The findings indicate that the childfree decision may be considered permissible in Islam when justified by valid reasons, such as safeguarding life, protecting mental health, and addressing rational family welfare considerations, provided that such decisions are temporary. However, permanent rejection of procreation without legitimate reasons, particularly when driven by individualistic or hedonistic ideologies, contradicts maqāṣid al-sharī‘ah, especially the principle of ḥifẓ al-nasl, as it undermines generational continuity and the foundational structure of the Muslim family. Therefore, the Islamic perspective emphasizes a balance between individual autonomy and moral–social responsibility in maintaining the sustainability of the ummah.

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