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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 299 Documents
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TAKKO BINOTO SEBAGAI STRATEGI PENYELESAIAN HAMBATAN PERKAWINAN ADAT MANDAILING: ANALISIS ‘URF PADA MASYARAKAT SIRAISAN, PADANG LAWAS Ahmad Roihan Nst
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: 10.46773/4a2s7954

Abstract

This study aims to analyze the implementation, societal views, and position of Takko Binoto from an urf perspective in the Siraisan community, Padang Lawas Regency. This study uses a qualitative approach with field research through interviews and observations, as well as library research to support the analysis. The results show that Takko Binoto is an alternative mechanism used by couples when their desire to marry faces obstacles due to customary demands and economic constraints. Women are generally aware of and agree to the plan, but their decision-making space becomes limited once the issue enters family and customary mechanisms. Subsequent resolution takes place through the Dalihan Na Tolu structure, family deliberation, fulfillment of tuor and customary obligations, and can result in customary debt, the consequences of which, under certain conditions, impact across generations. The community displays diverse views, particularly between acceptance of Takko Binoto's function as a socio-economic solution and criticism from the younger generation regarding aspects of equality and women's dignity. From an urf perspective, this practice is acceptable as long as its implementation does not conflict with sharia principles, leads to a valid marriage, and maintains the welfare and social relations. Thus, Takko Binoto represents a form of negotiation between the wishes of the couple, the interests of the family, and the continuity of customary order in the face of changing social conditions in society.
REINTERPRETASI HAK WARIS PEREMPUAN DALAM ISLAM: PENDEKATAN HERMENEUTIKA DAN MAQĀṢID AL-SYARĪ‘AH Apriani Asnaye
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/7azxbs73

Abstract

This study examines women’s inheritance rights in Islam by integrating Fazlur Rahman’s contextual hermeneutics and maqāṣid al-sharī‘ah. Previous studies tend to be normative or limited to critiques of the 2:1 inheritance rule, with little integration of both approaches. This research uses a qualitative library research method with an interpretive-constructivist approach. Data include Qur’anic verses on inheritance, classical and contemporary tafsir, and relevant literature, analyzed through content and contextual analysis. The findings show that inheritance provisions, including the 2:1 ratio, are rooted in specific socio-historical contexts and aimed at achieving justice. From the maqāṣid perspective, inheritance law emphasizes substantive justice rather than fixed numerical shares. The study integrates hermeneutics and maqāṣid as a combined framework for interpretation. This research contributes to Islamic legal thought by offering a contextual approach that aligns textual authority with contemporary social realities.
FENOMENA FATHERLESSNESS DAN MARRIAGE ANXIETY DALAM PERSPEKTIF FIKIH MUNAKAHAT Muhammad Syafiq; Yusdi Haq
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/2sp7wx43

Abstract

This study addresses a gap in previous literature where fatherlessness has been examined predominantly within psychological and family sociology frameworks, while fiqh munakahah studies remain largely normative and have not integrated psychological dimensions related to marriage anxiety among early adult Muslims. This study aims to analyze the relationship between fatherlessness and marriage anxiety in early adulthood and to examine its implications within fiqh munakahah. A qualitative library research design was employed using content analysis of the Qur’an, hadith, classical Islamic jurisprudence, and relevant academic sources. The findings show that fatherlessness is associated with the emergence of marriage anxiety in early adulthood, characterized by heightened relational insecurity, reduced trust in intimate relationships, and avoidance tendencies toward marital commitment. This condition reflects a weakened internal readiness for marriage due to the absence of stable paternal relational modeling during development. From the perspective of fiqh munakahah, these findings indicate that psychological readiness constitutes an integral consideration within the objectives of marriage, as reflected in the concepts of qawwaam, hadhanah, mu’asyarah bil-ma’ruf, maqasid al-shari’ah, and the principle of la darar wa la dirar. These frameworks collectively affirm that marriage in Islamic law is not only a juridical contract but also a relational institution that requires psychological and emotional preparedness to achieve its intended objectives.
HARMONISASI HUKUM ISLAM DAN HUKUM POSITIF DALAM PENCATATAN PERKAWINAN AKIBAT KEHAMILAN DI LUAR NIKAH Mohammad Hendy Musthofa; Muhammad Faiq
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/szc0jd26

Abstract

The phenomenon of premarital pregnancy presents complex legal challenges in Indonesia, particularly in marriage registration at the Office of Religious Affairs (KUA). This article examines the harmonization of Islamic law and positive law, particularly in the dimensions of Islamic legal legislation and the practice of registering marriages resulting from premarital pregnancies. Using a normative-juridical and conceptual approach, this study analyzes the perspectives of four main schools of thought (madhhab) (Hanafi, Maliki, Shafi'i, and Hanbali), the provisions of Article 53 of the Compilation of Islamic Law (KHI), and Constitutional Court Decision No. 46/PUU-VIII/2010. The results of the study indicate significant normative tensions, particularly on the issue of child lineage, between classical fiqh doctrine and contemporary Indonesian positive law. This article recommends a dialogical-epistemological harmonization model based on the maqashid sharia, which views fiqh munakahat and positive law as equal epistemological partners in an ongoing dialogue, with the protection of children, women, and legal certainty as top priorities. Implications for the reform of the KHI and the operational procedures of the KUA are also discussed.
MODEL KEADILAN RESTORATIF BERBASIS MAQASHID SYARIAH DALAM PENYELESAIAN KASUS KEKERASAN DALAM RUMAH TANGGA DI INDONESIA Muhammad Habib Adi Putra; Mohammad lukman chakim
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/ch3sgp97

Abstract

Domestic violence (DV) in Indonesia has shown a significant increase, with 330,097 cases in 2024, representing a 14.17% rise from the previous year. The dominant approach to resolution still focuses on retributive justice, emphasizing the punishment of perpetrators, but tends to overlook victim recovery, the reconstruction of family relationships, and social reintegration. This study aims to formulate a restorative justice model based on maqashid sharia as an integrative solution for addressing domestic violence in Indonesia. The method employed is normative legal research with a conceptual approach, conducted through a literature review of primary, secondary, and tertiary legal materials, and analyzed qualitatively using descriptive-analytical methods. The research results indicate that the proposed model integrates five principles of the protection of maqashid sharia with three procedural stages: repentance, deliberation, and reconciliation. This model involves law enforcement, religious, and social institutions with Sharia mediators as key actors. These findings confirm that the resolution of domestic violence is not only legal but also moral and spiritual, oriented towards the greater good. The study recommends strengthening the Restorative-Maqashid framework in national legal policy.
REKONSTRUKSI INDIKATOR KELUARGA SAKINAH DALAM PERSPEKTIF EMPAT MAZHAB DAN RELEVANSINYA TERHADAP KELUARGA MUSLIM KONTEMPORER Achmad Rizky Fauzi; Kholid Saifullah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/ej5ark27

Abstract

This study aims to reconstruct the indicators of a sakinah family from the perspectives of the four schools of Islamic jurisprudence (Hanafi, Maliki, Shafi‘i, and Hanbali) and to examine their relevance to contemporary Muslim families. The study is motivated by the lack of research integrating the indicators of a sakinah family from the four schools into a comprehensive conceptual framework. This research employs a qualitative method with a normative-comparative approach through library research based on classical fiqh texts, academic books, and scholarly journals on Islamic family law. Data were analyzed using content analysis, comparative legal analysis, and thematic analysis. The findings reveal that all schools agree that a sakinah family is founded upon the fulfillment of spouses’ rights and obligations, justice, financial support, and mu‘āsyarah bi al-ma‘rūf (good marital relations). However, each school places different emphases: the Hanafi school highlights balanced family relations, the Maliki school emphasizes family welfare, the Shafi‘i school integrates legal and spiritual aspects, while the Hanbali school stresses adherence to Islamic law. This study reconstructs an integrative framework of sakinah family indicators and demonstrates its continuing relevance in addressing contemporary challenges faced by Muslim families
ORIENTASI MATERIALISME DAN MINAT PERNIKAHAN GENERASI Z DALAM PERSPEKTIF FIKIH KELUARGA KONTEMPORER : STUDI KASUS DI KECAMATAN CIPUTAT TIMUR Hairotul Ummah; Ruston Kumaini
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/2rqpc860

Abstract

This study aims to analyze the materialistic orientation developing among Generation Z and its influence on their perspectives on and interest in marriage, as well as to examine this phenomenon from the perspective of contemporary family fiqh. This study employed a qualitative method with a descriptive approach, using interviews with seven informants in East Ciputat District. Data were analyzed using thematic analysis through the stages of coding, data categorization, theme development, data presentation, and conclusion drawing. The results show that Generation Z tends to view financial aspects as a primary consideration in determining marriage readiness. This influences their perception of marriage as a major responsibility that requires stable economic preparedness, leading many Generation Z individuals to postpone marriage until they achieve a certain level of financial stability. From the perspective of contemporary family fiqh, economic readiness for marriage is not understood as achieving a high level of material prosperity, but rather as the ability to fulfill basic needs. Therefore, the tendency to postpone marriage due to materialistic orientation should be understood proportionally so that it does not conflict with the objectives of marriage in Islam
PERLINDUNGAN HUKUM ANAK DALAM PERKAWINAN TIDAK TERCATAT: ANALISIS KOMPILASI HUKUM ISLAM DAN KONVENSI HAK ANAK PBB Al mubassyir; Syarwan
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/tareck27

Abstract

This study examines the legal protection of children born from unregistered marriages (nikah siri) in Indonesia through the framework of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) and the United Nations Convention on the Rights of the Child (CRC). Employing a normative juridical method with statutory, comparative, and conceptual approaches, this research identifies significant normative gaps between formal legal protection and the lived reality of children born outside registered unions. The findings show that such children face systemic legal discrimination, including denial of civil registration, restricted inheritance rights, and limited access to education, health, and social welfare services. Constitutional Court Decision Number 46/PUU-VIII/2010 marks an important step in recognising the civil relationship between a child born outside marriage and their biological father, yet its implementation across religious courts remains inconsistent and places a disproportionate evidentiary burden on mothers and children. This study argues that the maqasid al-shari'ah framework, particularly hifz al-nasl (protection of lineage) and hifz al-nafs (protection of life), offers a normative foundation for reconstructing Indonesian Islamic family law so that child protection no longer depends on the marital status of the parents. The article concludes with recommendations for legislative reform of the KHI, technical regulation to standardise judicial practice, and harmonisation between Islamic family law and international child-rights standards.
IMPLEMENTASI HAK EX-OFFICIO HAKIM DALAM PEMENUHAN NAFKAH IDDAH, MUT’AH DAN MADHIYAH DALAM CERAI GUGAT DI PENGADILAN AGAMA BAWEAN Yuliatul Fitria; Masruha
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/asbfk219

Abstract

The high rate of divorce by litigation triggers female impoverishment post-divorce due to low legal literacy. This empirical-qualitative study aims to explore the protection of the ex-wife's financial rights through the judge's ex-officio power at the Bawean Religious Court and analyze the determinant variables in maintenance assessment. Data were collected via interviews and court decision document studies. The results indicate that the application of ex-officio power stems from statutory mandates (obligatio ex lege) to uphold substantive justice for island communities with limited legal literacy, thereby not violating the ultra petitum partium principle. Judges also made a progressive breakthrough by requiring maintenance settlement before issuing the divorce certificate. Maintenance amounts are determined proportionally based on determinant variables: root causes of divorce, marriage duration, proof of past negligence (madhiyah), and the ex-husband's net income. Theoretical implications reinforce ex-officio power as a statutory instrument for substantive justice, while practical implications ensure executable decisions. Religious Courts are recommended to strengthen legal aid services and institutionalize the pre-divorce certificate payment scheme.
KONTESTASI HABITUS DALAM PEMBARUAN HUKUM KELUARGA ISLAM INDONESIA: R.A. KARTINI, MAHBUB DJUNAIDI, DAN DISKURSUS UUP 1974 nailul_husna; Raihan Qodrian, S.H
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/3ygg7r14

Abstract

This study examines the historical development of Islamic family law in Indonesia through three main periods: pre-colonial, colonial, and independence. The background of this study is the tendency of prior research to treat the 1974 Marriage Law and the Compilation of Islamic Law (KHI) as settled legal products, without tracing the social dynamics behind their formation. This study aims to trace the periodization of Islamic family law reform in Indonesia and to analyze the figures who shaped the discourse surrounding it. Through qualitative library research and Pierre Bourdieu’s habitus theory, the study explores the interaction of Islamic legal norms with local culture and the contributions of key public figures, both supportive and oppositional, to the discourse surrounding the reform of Islamic family law, as well as the codification process reflected in the KHI. The results show that the reform of Islamic family law in Indonesia developed gradually across three periods and was shaped not only by formal legislation but also by the social background, education, and networks of the figures who supported or opposed it. Further analysis shows that support for and resistance to the reform were not merely normative differences over Islamic law, but the outcome of a contestation of habitus, capital, and actor positions within the socio-political field of lawmaking: Kartini’s cultural and symbolic capital generated a reformist orientation from outside the legislative arena, whereas Mahbub Djunaidi’s religious habitus and his position in the parliamentary field generated resistance to the marriage bill. These findings suggest that a sociological reading of legal history offers a fuller picture than a purely normative-juridical approach, and can inform further study of contemporary Islamic family law reform in Indonesia.

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