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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 270 Documents
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KONTEN ‘MARRIAGE IS SCARY’ DI MEDIA SOSIAL DAN IMPLIKASINYA TERHADAP KRITERIA MAHASISWA STDI DALAM MEMILIH PASANGAN Farhan Akbar Pangestu; Akhmad Husaini
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: 10.46773/46tree24

Abstract

The "Marriage is Scary" phenomenon on social media reflects the young generation's collective anxiety regarding marriage due to negative narratives of domestic violence and economic instability. This study aims to analyze the implications of this phenomenon on the transformation of partner selection criteria among STDI Imam Syafi’i Jember students from the perspective of the sociology of Islamic law. Employing a qualitative method with thematic analysis, data were collected through in-depth interviews and digital content documentation. The findings reveal that student responses vary across a spectrum ranging from resistance based on religious literacy to increased rational caution. Digital fear narratives drive a shift toward more selective standards, where emotional maturity and the trait of qana’ah (contentment) are now prioritized alongside ritual piety. The concept of kafa’ah has expanded in meaning to include psychological compatibility and financial vision as strategies for conflict risk mitigation. This study concludes that integrating Sharia understanding with psychological readiness functions as a crucial filter in transforming fear into mature readiness, emphasizing the urgency of a pre-marital guidance curriculum adaptive to digital era challenges.
FASAKH DAN KHULU’ SEBAGAI SOLUSI HUKUM ATAS PERNIKAHAN PAKSA: ANALISIS NORMATIF-USHULI DAN RELEVANSINYA DALAM PRAKTIK PERADILAN AGAMA Muhammad Verdy Ardiansyah; Dr. Muhsan Syarifuddin, Lc., M.H.I.
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/j1gmra37

Abstract

This study examines the relevance of fasakh and khulu' as legal solutions to forced marriage through normative-ushuli analysis and its relevance in the practice of religious justice in Indonesia. The method used is qualitative through literature study in normative legal research with legislative, conceptual, case, and uṣūl al-fiqh approaches. The analysis is carried out through the stages of problem description, legal classification, 'illat verification, and legal determination. Data sources include the Qur'an, hadith, ijma', laws and regulations, classical and contemporary fiqh literature, works of salaf scholars, academic books, journal articles, legal dictionaries, encyclopedias, and credible online sources. The results of the study show that forced marriage is a defective contract because the element of willingness is not fulfilled, so it is included in the category of the fāsid contract. Fasakh and khulu' proved to be relevant as instruments of its solution. Fasakh can be filed to cancel the contract due to coercion, while khulu' gives the wife the right to apply for a marriage termination through the court by giving a reward ('iwadh) without waiting for the husband's talaq. Both have a strong shari'i basis through the Qur'an, hadith, ijma' ulama, and fiqh rules such as lā ḍarar wa lā ḍirār and ad-dhararu yuzāl, and are strengthened by the positive legal provisions that apply in Indonesia. Thus, the novelty of this research lies in the integration of the analysis of uṣūl al-fiqh and Indonesian positive law in the settlement of forced marriage.
STIGMA DAN RESILIENSI ANAK LUAR NIKAH: ANALISIS NARATIF MEDIA SOSIAL BERBASIS MODEL TODOROV DAN PERSPEKTIF MAQĀṢID AL-SYARĪ‘AH Ridwan; Muhsan
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/h8y8h591

Abstract

This research aims to explore the transformation of identity and resilience of children born out of wedlock amid social stigma through the perspective of Islamic law and Maqāṣid al-Syarī‘ah. Using a qualitative method with a Mixed Deductive-Inductive Narrative Analysis approach, this study dissects ten authentic narratives from the Quora digital platform using Tzvetan Todorov's five-stage structural framework. The results show that the transformation of the subjects' identities moves consistently from a state of assumed normality towards a new equilibrium marked by residual trauma due to collective stigma. A disconnect was found between protective normative legal texts and a sociological reality that tends to be discriminatory. The stigma of being an “illegitimate child” and misconceptions about lineage law trigger self-stigma that hinders the subject's access to civil rights. As a solution, this study formulates a resilience model that integrates the reconstruction of a legal paradigm based on jalb al-maṣāliḥ, empathetic administrative reform of law enforcement institutions, and the strengthening of a social support system based on fiṭrah values. The study concludes that protecting the dignity of children born out of wedlock within the framework of Maqāṣid al-Syarī‘ah must go beyond biological certainty towards substantive justice that guarantees the well-being, honor, and social rights of children without discrimination.
KETAHANAN PEREMPUAN KORBAN KDRT DENGAN PENDEKATAN SOCIO-LEGAL DALAM PERSPEKTIF HUKUM ISLAM : STUDI KUALITATIF DI NAGARI TALANG Fhuja Putri Okta minal; Yusrial; Ade Daharis
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/vneve837

Abstract

The purpose of this study is to thoroughly describe the coping mechanisms used by female victims of domestic violence in Nagari Talang and to examine this phenomenon by reviewing Islamic law. The descriptive qualitative methodology in this study uses in-depth interviews and observations of victims of domestic violence in communities that uphold the values of Adat Basandi Syarak and Syarak Basandi Kitabullah. According to the results of the study, despite the imbalance of power, women in Nagari Talang demonstrate mental and spiritual resilience, which is based on the ideas of patience and responsibility for the future of their children. From an Islamic legal perspective, it was found that while the victims prioritized the ideal of ishlah (peace), their acceptance of ongoing violence contradicted the principles of Maqashid Syariah, particularly the protection of life (hifdzun nafs) and honor (hifdzun 'irdh). Islam allows women to demand their rights to security and justice through the mechanisms of nusyuz or khulu' from their husbands if the welfare of the household is no longer achieved, so this steadfastness should not be misinterpreted as acceptance of injustice. The findings of this study show that, in order to break the cycle of domestic violence without neglecting religious principles, an emancipatory religious understanding and support are needed.
DEEP TALK AS A MODEL OF ISLAMIC FAMILY COMMUNICATION: A CASE STUDY OF SYAFIQ RIZA BASALAMAH Umar Ali; M. Wahid Abdullah
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: 10.46773/1085vd05

Abstract

Deep talk is a form of in-depth communication that emphasizes openness, empathy, and reflective dialogue within family relationships. Family harmony refers to a relational condition characterized by tranquility (sakinah), love (mawaddah), and compassion (rahmah) through healthy and mutual communication. This study aims to analyze the implementation of deep talk in fostering family harmony based on the da'wah practices of Syafiq Riza Basalamah as the main respondent. The research employs a qualitative approach with a case study method, involving one primary informant and 8 supporting informants (husbands/fathers and children). Data were collected through in-depth interviews, documentation, and source triangulation. The findings indicate that deep talk is implemented through the principle of “connection before correction,” the use of strategic moments such as before bedtime and during travel, and a dialogical and non-judgmental approach in marital and parent-child relationships. This practice effectively enhances openness, emotional closeness, empathy in practicing birrul walidain (filial piety), and constructive conflict resolution. Deep talk is also aligned with Islamic values and the objectives of Islamic law (maqashid al-shariah) in establishing a sakinah, mawaddah, wa rahmah family, although its effectiveness depends on emotional readiness and the consistency of family members.
REKONSTRUKSI MAKNA ISTITHA’AH PADA GENERASI Z DALAM MENUNDA PERKAWINAN:STUDI SOSIOLOGI HUKUM ISLAM DI KECAMATAN SEMEN KABUPATEN KEDIRI Lilik Mutaharoh; Ulin Na’mah; Husnul Yaqin; Muhammad Ullin Nuha
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/cq130e58

Abstract

This study aims to analyze how Generation Z in Semen District, Kediri Regency, reconstructs the meaning of istitha'ah in their decision to maintain a marriage. The meaning of istitha'ah is not only understood from the biological aspect but are also influenced by economic demands and social changes in society. This empirical legal research uses a qualitative approach, collecting data through in-depth interviews with Generation Z who choose to postpone marriage. The data obtained are explained using the Miles and Huberman model through the stages of data reduction, data presentation, and conclusion drawing. The results show that Generation Z has developed a new understanding of istitha'ah. While previously the ability to marry was more associated with biological readiness, they now consider financial independence and mental maturity as important requirements for marriage. This preparation includes a stable income, the ability to meet household needs, ownership of a residence, and guaranteeing children's future education. Postponing marriage is not seen as a form of ignoring religious advice, but rather as a preventative measure to avoid divorce and marital failure. This study concludes that there is a meeting point between religious values ​​and the realities of modern life in determining standards of readiness for marriage.
INTEGRASI PENDEKATAN PSIKOLOGI KELUARGA DALAM FAKTOR-FAKTOR PENENTU KEBERHASILAN MEDIASI PERKARA PERCERAIAN DI PENGADILAN AGAMA BINJAI Wahyuni Firnanda; Khairul Mufti Rambe
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/nt1c0s22

Abstract

This study analyzes the influence of family psychology on the factors determining the success of mediation in divorce cases at the Binjai Religious Court. Recent BPS data show that divorce cases in Indonesia remained high, reaching 394,608 cases in 2024, which reinforces the urgency of examining mediation effectiveness in family disputes. This research employs a normative juridical method with statutory, conceptual, and case approaches by examining divorce case documents and mediation reports from the Binjai Religious Court in 2024. The findings indicate that the success of mediation is influenced by several interrelated factors, including the good faith of the disputing parties, the competence of the mediator, the availability of adequate mediation facilities, and the psychological conditions of the parties involved. In family disputes, conflicts are not merely legal in nature but are also shaped by emotional dynamics, ineffective communication patterns, and psychological wounds that often hinder the achievement of mutual agreements. Therefore, integrating a family psychology approach into the mediation process becomes a strategic step to enhance the effectiveness of family dispute resolution. This approach enables mediators to better understand the emotional conditions of the disputing parties, facilitate more constructive communication, and consider the best interests of all family members, particularly children. Consequently, mediation functions not only as a legal dispute resolution mechanism but also as a means to minimize the psychological impact of divorce and promote a more humane and sustainable conflict resolution process
HARMONISASI TRADISI RUWATAN PRANIKAH DALAM PERSPEKTIF HUKUM KELUARGA ISLAM: STUDI KASUS MASYARAKAT KEBONSARI, KEBUMEN Annisa Maulidiyah; Mahsun Mahfudz; Fitrohtul Khasanah
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/f1cg7367

Abstract

The prenuptial ruwatan tradition is part of the Javanese cultural heritage that is still practiced in Kebonsari Village, Petanahan District, Kebumen Regency. However, this practice often sparks debates between cultural values and Islamic teachings. Some community members believe that without ruwatan, marriage may bring misfortune, while others argue that the tradition contains elements of superstition and contradicts the principle of monotheism (tauhid). This issue reflects the tension between cultural preservation and the application of Islamic family law. This study aims to examine the practice of prenuptial ruwatan and assess its compatibility with the principles of Islamic family law. The research employs a qualitative approach through observation, interviews with traditional leaders, religious scholars, engaged couples, local residents, and literature review. The findings show that ruwatan in Kebonsari is not considered a requirement for a valid marriage but rather a symbolic social and spiritual tradition, such as the siraman ritual, which symbolizes self-purification before entering marital life. Local religious figures emphasize that the practice is acceptable as long as it does not contain elements of shirk (polytheism). Therefore, the prenuptial ruwatan can be harmonized with Islamic family law through educational and contextual approaches.
FENOMENA PENUNDAAN PERNIKAHAN PADA GENERASI Z AKIBAT ORIENTASI PENGEMBANGAN DIRI: KAJIAN HUKUM KELUARGA ISLAM Achmad Adnan; Teguh Dwi Cahyadi
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/q7x3pk88

Abstract

The self priority phenomenon has shifted Generation Z's marriage readiness from spiritual-collective values toward psychological-materialistic standards driven by social media pressure. This normative legal research aims to analyze this phenomenon using a conceptual approach and a maqasid al-syari‘ah perspective. The findings indicate that delaying marriage for education and career pathways yields substantial benefits based on the maxim of averting harm. Through the maqasid al-syari‘ah framework, this self prioritization fulfills the pillars of hifz al-din (spirituality), hifz al-nafs (mental health), hifz al-nasl (lineage), and hifz al-mal (wealth) to minimize divorce risks. Theoretically, this study aligns the transition characteristics of emerging adulthood by formulating "Contemporary Pre-Marital Jurisprudence based on Self-Actualization." Practically, it recommends a new counseling model within the KUA that integrates a digital literacy curriculum (digital relationship wellbeing) and pre-marital mental health screening to foster adaptive family resilience.
KETIMPANGAN EKONOMI DALAM PERNIKAHAN : ANALISIS HUKUM ISLAM TERHADAP RELASI KUASA DAN QIWAMAH Muhamad Ikram Shiddik Kusnadi; Teguh Dwi Cahyadi
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/chxcnj35

Abstract

Women's financial independence in the modern era often triggers a masculinity identity crisis in men due to traditional gender ideology clashes. This study aims to analyze men's perceptions and anxieties regarding domestic economic inequality through contemporary Islamic Family Law. This qualitative thematic study utilized in-depth interviews with three Muslim men selected via purposive sampling until data saturation was reached. The findings reveal that men's anxieties stem from fears of losing domestic authority, reduced appreciation, and social pressure. However, Islamic law through independent property rights, proportional maintenance (nafkah), and a functional qiwāmah affirms that a husband's leadership is not automatically invalidated by income disparities. The novelty lies in shifting the gender studies focus from a female-centered view to male psychological burdens, demonstrating that men's concerns toward more established women are heavily influenced by patriarchal social constructions rather than normative Islamic principles. Implicitly, this study offers an equal partnership resolution for dual-earner couples and serves as a contextual guide for marriage counselors in applying nafkah and qiwāmah.

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