cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Tuhfatul Janan
Contact Email
tuhfatuljanan4@gmail.com
Phone
+6281233001121
Journal Mail Official
usrah.staimpro@gmail.com
Editorial Address
Jl. Soekarno - Hatta No. 94B, Sukabumi, Kecamatan Mayangan, Kota Probolinggo
Location
Kota probolinggo,
Jawa timur
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 270 Documents
 23   24   25   26   27 
ANALISIS METODOLOGIS PERAN KAIDAH FIQIH DALAM INTERPRETASI HADIS AHKAM DAN IMPLIKASINYA TERHADAP HUKUM KELUARGA ISLAM Mohamad Sar'an; Sahril Sidik
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/nfmf9v84

Abstract

Hadith Ahkam (legal hadiths) are the second primary source in Islamic law, particularly in the field of Family Law (Ahwal Syakhsiyyah). However, understanding Hadith Ahkam cannot always be done literally, given the diversity of wording, context (asbab al-wurud), and potential ta'arudh (contradictions) between arguments. Fiqh principles (Al-Qawa'id al-Fiqhiyyah), as general principles derived from the Qur'an and Sunnah, serve as a crucial methodological tool (manhaj) in the process of istinbath (derivation) and interpretation of law. This study aims to analyse the function and role of Fiqh Principles in understanding Hadith Ahkam and their implications for the establishment of contemporary Islamic Family Law. Using qualitative research methods through library research and the usul fiqh approach, this study found that Fiqh Rules such as Al-Masyaqqah Tajlib at-Taysir (Difficulty brings ease), Ad -Dhararu Yuzal (harm must be eliminated), and Al-'Adah Muhakkamah (customs can become law) function as instruments of tarjih (strengthening one argument over another), takhsis (specifying a general argument), and contextualisation. Its implementation in family law is evident in issues such as marriage guardianship (wali 'adhal), divorce rights, alimony, and child custody (hadhanah), where the application of these principles allows Islamic law to remain relevant, adaptive, and oriented towards public interest (maqasid al-syari'ah
PERGESERAN NILAI-NILAI KESETIAAN DI ERA APLIKASI KENCAN: STUDI ETNOGRAFI FENOMENA TINDER DI MASYARAKAT DESA SUMBERDANTI JEMBER Rifqi Maulana; Tasya Dwi Safitri
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/b6zbtd32

Abstract

Tinder is one of the most popular online dating apps used by many people in Indonesia. Tinder opens up opportunities for broad, fast, and personal communication. In the context of rural communities, especially in Sumberdanti Village, Sukowono District, the use of this app by married couples is an interesting social phenomenon to study because it can influence the values ​​of loyalty, trust, and integrity in the household. The focus of this research is: 1) How is the use of the Tinder app by married couples in Sumberdanti Village, Sukowono District? 2) What is the view of Islamic law and Article 1 of Law Number 1 of 1974 regarding the use of the Tinder app by married couples and its impact on family harmony? This research uses a qualitative approach and empirical legal research methods, data collected through in-depth interviews with several informants. Data were obtained through observation, interviews, and documentation of informants. The results of the study indicate that although the use of Tinder in Sumberdanti Village is not yet widespread, there are already several married couples who use it secretly. This has negative impacts on household harmony, such as decreased communication. According to Islamic law and Article 1 of Law No. 1 of 1974.
PENERAPAN KAIDAH ADH-DHARARU YUZALU DALAM PENENTUAN NASAB BAYI TERTUKAR MENGGUNAKAN TES DNA: STUDI HUKUM ISLAM KONTEMPORER Wirna; Hendri Sayuti
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/k9ggme46

Abstract

This study discusses the application of the fiqh principle of al-dhararu yuzalu in determining the lineage of switched babies by utilizing DNA testing technology as a means of proof. The issue of switched babies in hospitals poses a major dilemma in terms of identity, human rights, and Sharia law, as it has the potential to cause errors in lineage that affect inheritance rights, the validity of marriage guardians, and mahram status. This study uses a literature-based qualitative method, examining the limitations of traditional methods of determining lineage (al-firasy, al-iqrar, al-bayyinah, and al-qiyafah) and the caution of Islamic law in accepting new technology. The results of the study show that some religious authorities, such as NU and Darul Ifta Egypt, agree that DNA testing can be used as an aid in determining lineage, but not as the sole legal basis. The application of the principle of al-dhararu yuzalu that harm must be eliminated becomes an integrative basis for addressing this issue fairly and in accordance with the objectives of Sharia law, in order to prevent greater social, psychological, and Sharia harm resulting from errors in lineage identification.
EKSISTENSI SURAT PERSETUJUAN TOKOH ADAT DALAM PROSES PERNIKAHAN: ANALISIS PERSPEKTIF HUKUM ISLAM DI DESA SEI SALAK Andiki Andiki; Arya Ramadhan
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/d5abyr63

Abstract

This study aims to analyze the existence of letters of consent from traditional leaders in the marriage process in Sei Salak Village and examine them from the perspective of Islamic law and customary law. The focus of the study includes the social and administrative functions of letters of consent from traditional leaders, the application of social and customary sanctions for violations, and their relevance to the concepts of ‘urf, maslahah, and hajjiyāt in Islamic law. This study uses a qualitative method with an empirical juridical approach and field research. Data were collected through in-depth interviews with traditional leaders, religious leaders, village officials, and the community, and supported by documentation studies and literature reviews. Data analysis was conducted using descriptive qualitative methods. The results show that letters of consent from traditional leaders function as an instrument of social control to maintain community harmony and prevent family conflict, although they do not determine the validity of marriages according to Islamic law. The customary sanctions applied are social and moral in nature, such as reprimands and social exclusion. From an Islamic legal perspective, this practice can be categorized as ‘urf sahih which contains maslahah values ​​and falls within the realm of hajjiyāt, as long as it does not conflict with sharia principles. This research emphasizes the importance of synergy between customary law and Islamic law in marriage practices.
KAIDAH FIQH AL-UMURU BI MAQASIDIHA  DALAM PENYELESAIAN SENGKETA HARTA BERSAMA DALAM PERKAWINAN MENURUT HUKUM ISLAM DI INDONESIA Dwi Dasa Suryantoro; A. Mansur
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/mhb4fw80

Abstract

This study aims to analyze the application of the Al-Umuru Bi Maqasidiha rule as a normative basis in the arrangement of joint property of a couple according to Islamic family law in Indonesia. This rule emphasizes that the application of the law must always pay attention to the purpose of sharia, namely justice, benefit, and protection of individual rights, so that it is not only formalistic but also substantive. The research uses a normative approach by analyzing classical and contemporary fiqh literature, the provisions of the Compilation of Islamic Law (KHI), and related laws and regulations. The analysis focused on the position and function of fiqh rules in assessing the appropriateness of property distribution, including formal and non-formal contributions, as well as the protection of the rights of women and vulnerable parties. The results of the study show that the rules of Al-Umuru Bi Maqasidiha function as a normative guideline that bridges classical law with the socio-economic dynamics of the modern family. This rule ensures that the arrangement of joint property is in harmony with maqasid al-shari'ah, provides direction for a fair, proportionate, and contextual interpretation of law, and reinforces the relevance of contemporary Islamic family law. This research confirms that the normative application of fiqh rules can be an important instrument in realizing substantive justice and benefits for all parties in the framework of Islamic family law in Indonesia.
APOSTASY AND MARRIAGE DISSOLUTION IN INDONESIA: A CRITICAL ANALYSIS OF JUDICIAL REASONING IN RELIGIOUS COURT DECISION NO. 7938/PDT.G/2020/PA.SOR Rizky Kurniawan; Isnain La Harisi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/2n73km68

Abstract

This study aims to analyze the dissolution of marriage due to apostasy in the practice of religious courts in Indonesia through a case study of the Soreang Religious Court Decision Number 7938/Pdt.G/2020/PA.Sor. This research employs a normative juridical method with statutory, conceptual, and case approaches. The findings reveal that the dissolution of marriage due to religious conversion is carried out through the mechanism of fasakh, with the Compilation of Islamic Law serving as the primary legal basis, despite the absence of explicit regulation in Law Number 1 of 1974 on Marriage. Judges apply an interpretative approach by linking apostasy to marital disharmony, reflecting the active role of religious courts in addressing legal gaps and harmonizing Islamic law with national law. From a theoretical perspective, the findings highlight the tension between legal certainty and substantive justice (legal certainty versus justice tension) and emphasize the relevance of procedural justice theory in assessing judicial decisions. From the perspective of Islamic law, differences exist among schools of thought regarding the mechanism of marital dissolution due to apostasy; however, Indonesian practice tends to adopt a judicial approach requiring court decisions. Practically, this study identifies the potential for inconsistent rulings due to the absence of explicit legal norms and standardized guidelines. Therefore, this study recommends revising the Marriage Law and establishing judicial guidelines by the Supreme Court to enhance legal certainty and consistency in similar cases.
REKONSTRUKSI KONSEP KAFA’AH DALAM PERKAWINAN ADAT MINANGKABAU: ANALISIS MAQASID AL-SYARIAH Vicky Aprilian; Muhammad Yassir
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/3c0bq469

Abstract

This study aims to analyze the concept of kafa'ah in Islamic jurisprudence and its relevance to marriage compatibility practices in Minangkabau society through the perspective of maqasid al-shari'ah. The research employs a qualitative approach through field research in Batusangkar conducted in November-December 2025. Data were collected through in-depth interviews with 12 informants consisting of ninik mamak (traditional elders), religious leaders, married couples, and local academics, then analyzed descriptively-qualitatively using a thematic approach. Results indicate that all respondents (100%) prioritize religion and morals as the primary compatibility criteria, followed by economy (91.7%), lineage and ethnicity (83.3%), mental readiness (58.3%), and education (58.3%). These findings demonstrate strong compatibility between the concept of kafa'ah in Islamic jurisprudence and Minangkabau customary practices. Maqasid al-shari'ah analysis reveals that Minangkabau compatibility practices reflect efforts to preserve the five fundamental objectives of shari'ah: hifz al-din, hifz al-nafs, hifz al-'aql, hifz al-nasl, and hifz al-mal. The philosophy "Adat basandi syarak, syarak basandi Kitabullah" proves to be not merely a slogan but a principle genuinely manifested in partner selection practices, despite shifts in customary values such as weakening ninik mamak authority and reduced emphasis on lineage factors.
UANG PANAI DALAM PERSPEKTIF HUKUM ISLAM: DAMPAK TERHADAP KESIAPAN FINANSIAL PASANGAN MUDA Rafidah; Ahyat Habibi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/de5var26

Abstract

Indonesia is a nation with rich cultural diversity, where customs continue to influence social and family life. One tradition is uang panai among the Bugis people of South Sulawesi, a sum of money given by the groom to the bride’s family as a symbol of respect and sincerity in marriage. In modern society, this practice is often influenced by social competition, affecting the economic readiness of young couple. This study aims to analyze the economic impact of uang panai on financial readiness, examine it from the perspective of Islamic law, and formulate solutions so the tradition can be preserved without economic burden. This research uses a descriptive qualitative approach based on literature and social analysis. The findings show that uang panai significantly affects financial readiness by encouraging discipline and planning. However, it can become a source of pressure when economic capacity is ignored. Therefore, balance between tradition and financial ability is necessary. From an Islamic law perspective, uang panai is permissible as long as it does not replace the mahar, does not cause harm, and upholds honor. With proportional application and mutual agreement between families, uang panai can remain a valid custom consistent with justice and ease in Islamic law.
ANALISIS HUKUM ISLAM DAN HUKUM POSITIF TERHADAP FAKTOR-FAKTOR PENYEBAB PENCERAIAN DI KALANGAN PASANGAN MUDA: STUDI KASUS DI KABUPATEN KLATEN Naufal Ahmad Fauzan; Muhammad Yassir
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/9x90k329

Abstract

The issue of increasing divorce rates among young couples in Klaten Regency indicates vulnerability in family resilience, particularly among couples married for less than five years. This study aims to analyze the factors causing divorce among young couples and examine them from the perspective of Islamic law and Indonesian positive law. The method used is qualitative research with a case study approach, through in-depth interviews with judges at the Klaten Religious Court and analysis of court decisions, laws and regulations, and literature on fikih munakahat. The results of the study show that internal factors include economic problems, constant disputes and arguments, and mental and emotional immaturity. External factors include infidelity influenced by social media, family interference, and dependence on parents. From an Islamic law perspective, these factors can be considered valid reasons for divorce after reconciliation efforts have failed, with divorce being considered a last resort. Meanwhile, positive law through Law No. 1 of 1974 and the Compilation of Islamic Law stipulates that divorce can only be carried out through the courts with sufficient reasons and valid evidence. In conclusion, divorce among young couples in Klaten is influenced by a combination of internal and external factors that are normatively recognized in Islamic law and positive law as valid grounds for divorce.
HIBAH ORANG TUA KEPADA ANAK SEBAGAI INSTRUMEN PENCEGAHAN SENGKETA WARIS PERSPEKTIF HUKUM ISLAM DI PONTIANAK KOTA HAFIDZ AL GHIFARI; MUHAMMAD YASSIR
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/w4bwtm98

Abstract

This study aims to analyze the normative provisions of hibah (inter vivos gift) in the Qur’an, Sunnah, and the Compilation of Islamic Law (KHI), to describe the practice of parental hibah to children in Pontianak Kota District, and to examine its conformity as an effort to prevent inheritance disputes. The research employs a qualitative approach with a socio-juridical method. Data were collected through in-depth interviews with five parents, five child recipients, and one notary, complemented by observation and document analysis. The findings indicate that hibah is normatively well-grounded in Islamic law and KHI, particularly regarding voluntariness, justice, and the protection of others’ rights. Empirically, community understanding of hibah is relatively adequate, yet its implementation remains limited and varies between informal and formal mechanisms. While most practices fulfill the essential pillars and conditions of hibah, deficiencies are found in transparency, fairness, and legal documentation. This study concludes that hibah can function as a preventive instrument against inheritance disputes, but its effectiveness is conditional upon consistent adherence to principles of justice, transparency, and legal certainty

Page 25 of 27 | Total Record : 270

 23   24   25   26   27 

Filter by Year

2020 2026


Reset
Filter By Issues
All Issue Vol. 7 No. 3 (2026): July Vol. 7 No. 2 (2026): April Vol. 7 No. 1 (2026): Januari Vol. 6 No. 4 (2025): Oktober Vol. 6 No. 3 (2025): July Vol. 6 No. 2 (2025): April Vol. 6 No. 1 (2025): Januari Vol. 5 No. 2 (2024): Oktober Vol. 5 No. 1 (2024): April Vol. 4 No. 2 (2023): Oktober Vol. 4 No. 1 (2023): April Vol. 3 No. 2 (2022): Oktober Vol. 3 No. 1 (2022): April Vol. 2 No. 2 (2021): Oktober Vol. 2 No. 1 (2021): April Vol. 1 No. 1 (2020): Oktober More Issue