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Tuhfatul Janan
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INDONESIA
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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KONSTRUKSI SOSIAL PERNIKAHAN ANTAR SUKU DALAM MASYARAKAT MUSLIM INDONESIA ANALISIS HUKUM ISLAM DAN BUDAYA LOKAL Najmus Shobah Al-mutanaffas; 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/zhnpdj29

Abstract

The social construction of interethnic marriage by analyzing how customary norms, cultural practices, Islamic law, and principles of legal philosophy interact in shaping the social legitimacy of such marriages in Indonesia. The purpose of this research is to understand how society interprets values, norms, and cultural identities in interethnic marriage practices, as well as how the philosophical foundations of law such as justice, freedom, and public benefit provide normative support for their acceptance. Using a qualitative approach through literature analysis, the study finds that interethnic marriage produces a dual social construction: it is viewed both as a form of social integration and as a source of cultural resistance related to lineage, adherence to customary norms, and group identity. Customary law functions as a strong social regulator through rituals, symbolic values, and social sanctions, while Islamic law permits interethnic marriage as long as the fundamental legal conditions of marriage are fulfilled. Philosophically, however, law requires a balance between respecting tradition, ensuring substantive justice, and protecting individual rights to choose a spouse. Field findings show that value conflicts regarding gender roles, communication patterns, and childrearing practices demand continuous social and ethical negotiation. Overall, interethnic marriage represents an arena where traditional values and legal philosophical principles converge, requiring harmony between culture, legal norms, and family welfare.
KEHAMILAN REMAJA DI FILIPINA: PERSPEKTIF HIFZ AN-NASL TENTANG KEGALALAN STRUKTURAL DAN HUKUM Abdul Fatah
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/ftca6q43

Abstract

This article critically examines whether the national legal framework and prevailing social structure in the Philippines align with the principle of protecting future generations as a fundamental objective of law, viewed through the lens of hifz an-nasl. It argues that teenage pregnancy constitutes a concrete indicator of systemic failure in safeguarding future generations and cannot be sufficiently addressed through reproductive health interventions or formal legal reforms alone. The study employs a library research method with a socio-legal approach, drawing on data from 2020-2025 published by the Philippine Statistics Authority, the Commission on Population and Development, the World Health Organization, the United Nations Population Fund, relevant national regulations, and academic literature on socio-economic conditions and child protection. The findings identify structural disparities and weak law enforcement as core determinants of early pregnancy. Poverty, gender inequality, unequal power relations, and limited access to education and reproductive health services generate layered vulnerabilities, including a shift toward child pregnancy that signals the dysfunction of state preventive mechanisms against sexual violence and exploitation. Despite existing legal frameworks, weak implementation and institutional fragmentation reveal a significant policy gap. From a hifz an-nasl perspective, this reflects an intergenerational protection failure with multidimensional consequences. Theoretically, this study contributes by repositioning hifz an-nasl as a normative-critical framework for evaluating contemporary public policies related to child protection and reproductive health.
KEBIJAKAN PENUNDAAN PERNIKAHAN SUAMI DALAM MASA IDAH ISTRI: STUDI IMPLEMENTASI DI KUA MASARAN DALAM PERSPEKTIF MAQĀṢID JASSER AUDA Sindi Septiana; Suciyani
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/abzab413

Abstract

The issuance of Circular Letter Number P-005/DJ.III/HK.00.7/10/2021 concerning Marriage during the Wife's Waiting Period has caused legal uncertainty due to inconsistent implementation in various Religious Affairs Offices (KUA). This study seeks to examine how the circular letter is implemented in the Masaran Subdistrict KUA and review it from the perspective of Jasser Auda's contemporary Maqāṣid al-syarī‘ah. This study uses a qualitative method with a legal-empirical orientation, in which data is obtained directly from the field through interviews, document reviews, and literature exploration. This study found that the Masaran Subdistrict KUA consistently implements this circular letter as an administrative guideline for marriage registration, even though it realizes that this policy has no legal binding force. From the perspective of Jasser Auda's Maqāṣid al-syarī‘ah, this implementation reflects an orientation towards purposefulness and efforts to maintain public interest, particularly in realizing administrative order and legal certainty in marriage. This research contributes theoretically to the development of contemporary maqāṣid studies in administrative law, as well as providing practical contributions to policymakers regarding the legitimacy of administrative policies within the framework of Islamic law.
PENYEBAB PENUNDAAN PERNIKAHAN PADA KALANGAN MILENIAL ANALISIS MASLAHAH MURSALAH M. Habib Fadhila; Eko Hidayat; Ahmad Burhanudin
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/dcpty652

Abstract

This study examines marriage delay among Millennials in Bandar Lampung City through the lens of maslahah mursalah. Globalization fosters individualistic values, prioritizing career, financial independence, and personal achievement, alongside economic pressures like high living costs, inflation, and post-pandemic uncertainty. Statistics Indonesia (BPS) data reveals rising average marriage ages, clashing with Islamic sunnah's goals of tranquility (sakinah) and pious offspring.Employing qualitative methods interviews, observations, and Miles-Huberman analysis the research identifies marriage delay as potential maslahah hajiyyah, safeguarding family well-being (hifẓ al-māl) and rational self-determination (hifẓ al-‘aql), provided it remains moderate and avoids endangering lineage preservation (hifẓ an-nasl). Prolonged delays, however, risk harms like declining birth rates and loneliness. The study concludes a tension between Islamic teachings and modern realities demanding holistic readiness. Maslahah mursalah resolves this by balancing jalb al-maṣāliḥ (benefits of independence) and dar’ al-mafāsid (averting long-term harms). This contributes to contemporary ijtihad in Indonesia, reinforcing marriage as a sacred, peaceful institution amid globalization's dynamics.
PROBLEMATIKA HUKUM TANAH MASJID TANPA SERTIFIKAT DAN IKRAR WAKAF: STUDI KASUS MASJID AL UKHUWWAH PANYILEUKAN. Fajri Rizki Fathony; Lena Ishelmiany Ziaharah; Ahmad Damiri
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/a9tt2585

Abstract

The use of land as a mosque in community practice is often carried out without a clear legal status regarding ownership, transfer of rights, or a valid waqf pledge (ikrar wakaf), which may lead to legal uncertainty and potential disputes, particularly when the land originates from third parties or private legal entities. This study aims to analyze the juridical status of the land of Al Ukhuwwah Mosque in Panyileukan, which has factually been used as a public place of worship but is not supported by a Waqf Pledge Deed (Akta Ikrar Wakaf) or a valid legal basis for the transfer of land rights. The analysis is based on the theory of legal certainty to assess the extent to which the absence of a legal basis for the transfer of rights affects the legal protection and recognition of mosque land, both under positive law and Islamic law. This research employs an empirical juridical approach with a descriptive analytical method. Data were collected through interviews, field observations, and documentation studies, and were analyzed by linking empirical facts with the legal provisions on waqf and the principles of Islamic family law. The results show that the land of Al Ukhuwwah Mosque is legally not categorized as waqf land and is still recorded as an asset of a private legal entity, indicating that its control is de facto rather than de jure. The main issue lies in the absence of a legal basis for the transfer of land rights, resulting in the lack of legal certainty over the mosque land and the potential for disputes in the future.
METODOLOGI PEMIKIRAN KEWARISAN MAULANA SYEKH ZAINUDDIN ABDUL MADJID: INTEGRASI BAYANI DAN MAQASIDI DALAM KONTEKS SOSIAL MASYARAKAT SASAK Tuti Munawarah; Andi St Nur Azizah Akram
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: 10.46773/79qrx853

Abstract

This study examines the methodology of the inheritance of Maulana Sheikh Zainuddin Abdul Madjid in the context of the Sasak Lombok community. The focus of the research is directed at methodological character analysis that combines the bayani approach that relies on the text of the Qur'an, hadith, and ijma' with a maqasidi approach that considers social benefits. This research uses a qualitative method with a library research approach, through an analysis of the main works of Maulana Sheikh, especially Tuhfah al-Zainiyyah and other supporting literature. The results of the study show that normatively Maulana Shaykh affirmed the distribution of inheritance based on furudh al-muqaddarah as stated in Surah An-Nisa verses 11–12. However, in social practice, Maulana Sheikh offers a grant pattern as a transitional solution for people who have not fully accepted the faraidh system formally. This pattern reflects the integration between textual legitimacy (bayani) and consideration of benefits (maqasidi) applied contextually in Sasak society. The contribution of this research lies in the affirmation of the methodological character of Maulana Shaykh's inheritance thought as an integrative model between normative texts and local social realities, which enriches the study of Islamic family law based on local wisdom. 
DISPARITAS PUTUSAN ISBAT NIKAH DALAM PERNIKAHAN YANG MENGGUNAKAN WALI MUHAKKAM : ANALISIS PERBANDINGAN PENETAPAN PENGADILAN AGAMA Zahra Suryana; Ramdani Wahyu Sururie; 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: 10.46773/1t04ah14

Abstract

The Absence of explicit regulation governing wali muhakkam in Indonesian marriage law has produced inconsistent judicial outcomes in isbat nikah proceedings before Religious Courts. This study analyzes divergent legal reasoning in two comparable cases: Decision No.10/Pdt.P/2023/PA.Wkb (Waikabubak Religious Courts, granted) and Decision No. 49/Pdt.p/2021/PA.Mkm (Mukomuko Religious Courts, rejected), and identifies the factors underlying the disparity between these decisions. This research employs normative juridical methods through library research, with content analysis applied to both decisions, relevant legislation, and legal literature. The findings show that the two judges adopted fundamentally different approaches. The Waikabubak judge applied a contextual approach integrating classical fiqh doctrine, sociological conditions, and the principle of maslahah. Whereas the Mukomuko judge strictly adhered to positive law. Four factors drive this disparity: a legal vacuum and regulatory ambiguity regarding wali muhakkam; differences in the circumstances of the wali nasab and petitioners; divergent judicial paradigms and methods of legal interpretation; and differences in local legal culture and access to justice. This study calls for clearer and more explicit regulation of wali muhakkam to ensure legal certainty and uniformity in Religious Court adjudication

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