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Tuhfatul Janan
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usrah.staimpro@gmail.com
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Jl. Soekarno - Hatta No. 94B, Sukabumi, Kecamatan Mayangan, Kota Probolinggo
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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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REAKTUALISASI KONSEP MU'ASYARAH BIL MA'RUF DALAM HUKUM KELUARGA ISLAM: KONSTRUKSI MODEL NORMATIF PENCEGAHAN KEKERASAN DALAM RUMAH TANGGA DI INDONESIA Achmad Suhaili; Muhammad Fauzan
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/rsg0g866

Abstract

Domestic violence (KDRT) poses a serious challenge to family resilience in Indonesia. This article aims to examine the re-actualization of mu'asyarah bil ma'ruf as a prevention strategy against domestic violence in Indonesia through the integration of Islamic family law, maqasid al-syari'ah, the ethics of reciprocity, and positive law, using a normative legal method with a qualitative-descriptive character, alongside conceptual, statutory, and integrative-analytical approaches to legal materials. The findings indicate that mu'asyarah bil ma'ruf is not a unilateral obligation, but rather an ethical-legal reciprocal framework encompassing non-violence, dignity, fair communication, and sexual integrity, wherein this study formulates a five-layer prevention model as a normative synthesis rather than an empirically proven model. In terms of discussion and implications, the theoretical contribution of this study broadens the concept of marital reciprocity ethics based on theological-normative integration, while its practical implication offers an operational framework for policymakers and religious institutions by positioning religious norms and positive law complementarily, where Islamic ethics builds preventive awareness, while state law provides protection and accountability.
STATUS HUKUM PEMBEKUAN SEL TELUR (EGG FREEZING) BAGI PEREMPUAN MUSLIM DALAM PERSPEKTIF HUKUM KELUARGA ISLAM DAN REGULASI KESEHATAN INDONESIA Fayza Latifa; Toha Andiko
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/qrq7jj70

Abstract

Egg freezing as a fertility preservation technology raises Islamic family law concerns, particularly regarding marital status, lineage, and the use of stored reproductive material following changes in family circumstances. This study examines the legal status of egg freezing for Muslim women and its relationship to the regulation of assisted reproduction in Indonesia. It employs a normative legal method based on library research, using conceptual, statutory, and maqāṣid al-sharī‘ah approaches. The findings indicate that the legal status of egg freezing cannot be determined categorically but must be assessed in light of the purpose of preservation, the stage of reproductive use, and the continuation of the marital relationship. Medically indicated egg freezing has a relatively stronger basis in public benefit, whereas non-medical egg freezing requires more careful assessment without being automatically deemed prohibited. Its subsequent use for reproduction must take into account marital validity, the origin of gametes, the site of embryo transfer, and applicable storage requirements. This study proposes a staged normative assessment distinguishing oocyte retrieval and storage, fertilization and embryo transfer, and the continuation of storage or use after marriage ends. This framework reconciles the protection of women’s health and reproductive potential with the principle of ḥifẓ al-nasl and Indonesian health regulations. It also identifies that elective egg freezing before marriage is not separately regulated for every possible scenario under the current framework governing assisted reproduction.
PERNIKAHAN BEDA MANHAJ DALAM PERSPEKTIF HUKUM KELUARGA ISLAM: KONSEP KAFĀ’AH DAN PENGELOLAAN KONFLIK RUMAH TANGGA Liza Raihani Pohan; Akhmad Husaini
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/xw29ps14

Abstract

This article examines the legal standing of marriage between Muslims who follow different religious methodologies (manhaj) under Islamic family law, its implications for household harmony, and the principles Islamic family law offers for managing resulting conflicts. The study is normative legal research based on library materials, using statutory, conceptual, and comparative fiqh approaches. Primary materials consist of the Marriage Law, the Compilation of Islamic Law (KHI), and classical fiqh works on kafā’ah, while published field studies on cross-organisational and Salafi families serve as secondary materials. The analysis shows that a difference of manhaj between two Muslims does not affect the validity of marriage: positive law confines the religious impediment to difference of religion, and most jurists treat kafā’ah as a condition of bindingness (luzūm) rather than validity, which the bride and her guardian may waive. Similarity of manhaj is therefore better understood as an ethical and preventive consideration in assessing marital readiness. Reviewed studies indicate that its effect on harmony is not deterministic, depending on communication, mutual respect, parenting agreements, and conflict management. The article contributes a staged framework linking educative kafā’ah, mu’āsyarah bi al-ma’rūf, deliberation and ḥakam mediation, and the mīṡāqan ghalīẓan covenant, with divorce as a last resort.
ETIKA PENGUNGKAPAN KONFLIK RUMAH TANGGA DI MEDIA SOSIAL: REKONSTRUKSI PERSPEKTIF HUKUM KELUARGA ISLAM Qonita Najmah Fairusah; Haikal Balya Hafidzal Bahroin; Nabiela Rafa Calliysta; Nasrulloh
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/xgkxmj61

Abstract

The development of social media has changed how husbands and wives disclose domestic conflicts, including by sharing private conversations, photos, videos, and narratives of marital disputes with the public. This phenomenon raises ethical concerns regarding the protection of privacy and a spouse’s honor. This study aims to analyze the ethics of disclosing domestic issues on social media from the perspectives of the Qur’an, Hadith, and Islamic Family Law. This qualitative study employs library research using thematic Qur’anic exegesis (maudhu‘i), thematic Hadith studies, and descriptive-analytical and integrative analysis. The analysis connects Islamic sources with Communication Privacy Management theory, the principle of ḥifẓ al-‘irḍ (protection of honor), and the concept of satr al-‘uyūb (concealment of faults). The findings indicate that disclosure of domestic issues should be assessed based on its purpose, the substance of the information, the intended recipients, and its impact. Disclosure intended to humiliate a spouse or expose private secrets to the public contradicts the principle of preserving honor. Conversely, limited disclosure to seek advice, protection, or justice should be distinguished from exposing personal faults. This study proposes an ethical framework for disclosing domestic issues that balances privacy protection with the need to seek assistance and justice in digital spaces.
PLURALISME HUKUM ISLAM DAN TRANSFORMASI SOSIAL: ANALISIS KONSEPTUAL KRITIS TERHADAP MASYARAKAT MUSLIM KONTEMPORER Ana Billah; Ninda Dwi Anggraeni
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/rcrjr176

Abstract

The interaction of Islamic law, state law, and customary norms creates persistent questions of authority, adaptation, and justice in contemporary Muslim societies. This article examines how plural legal orders are conceptually constituted, how transformations in social expectations challenge legal interpretation, and which normative conditions make pluralism compatible with substantive justice. The study employs normative legal research using exclusively a conceptual approach, examining legal doctrines and academic arguments published principally between 2013 and 2026. It distinguishes sharia, juristic interpretation, positive law, and socially practiced norms, thereby avoiding the assumption that these categories have equivalent institutional force. Three forms of legal interaction are conceptualized: accommodation, normative negotiation, and contestation. Social transformation is understood through interpretive, institutional, and cultural dimensions rather than as a linear movement from tradition to modernity. The principal contribution is a provisional evaluative framework of justice-oriented Islamic legal pluralism, consisting of institutional coordination, accountable interpretation, substantive rights protection, and effective access to remedies. The framework offers criteria for assessing plural legal authority without claiming empirically measured effects across societies. The analysis concludes that normative plurality should be judged through the reasons, procedures, and protections by which competing legal claims are recognized and resolved.
ANTARA NORMATIVITAS DAN REALITAS SOSIAL: MENINJAU KEMBALI HUKUM ISLAM MELALUI PERSPEKTIF SOSIOLOGI AGAMA Rifqi Khairul Anam; Ubaidila Ubaidila
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/tj0gnr03

Abstract

The relationship between Islamic law and social reality in Indonesia cannot always be adequately explained through a direct opposition between religious norms and state law. Conceptual distinctions among nasab (juridico-religious lineage), biological paternity, civil legal relationships, and marital status often result in legal instruments with different objects and institutional mandates being interpreted as though they were mutually contradictory. This article examines the normative construction of child protection through Constitutional Court Decision No. 46/PUU-VIII/2010, Indonesian Council of Ulama (MUI) Fatwa No. 11 of 2012, and Supreme Court Circular Letter (SEMA) No. 3 of 2018 by integrating doctrinal legal analysis with the sociology of religious authority. The study employs normative legal research using statutory and conceptual approaches, complemented by document-based socio-legal interpretation. The analysis draws on Max Weber’s typology of legitimacy, Pierre Bourdieu’s concept of the juridical field, and a limited evaluative application of maqāṣid al-sharīʿah. The findings demonstrate that the three legal instruments do not address entirely identical legal objects. The Constitutional Court decision concerns civil legal relationships established through evidentiary mechanisms; the MUI fatwa maintains the doctrinal distinction concerning the nasab of children born as a result of zina while simultaneously prescribing protective responsibilities; and SEMA No. 3 of 2018 restricts the route of itsbat nikah for unregistered polygamous marriages while identifying the determination of a child’s origin as a possible procedural avenue. The article contributes a Negotiated Legal Authority Framework (NLAF), consisting of a sequential examination of authorization, classification, procedural translation, and protection, together with corresponding indicators and limits of application. The framework enables a distinction between genuine normative conflicts and differences in institutional competence without equating the establishment of biological paternity with the full juridical consequences of nasab. The findings are conceptual in nature and do not establish the empirical effectiveness of judicial mechanisms.
MELAMPAUI TEKS NORMATIF: REKONSTRUKSI HUKUM ISLAM DALAM PERSPEKTIF SOSIOLOGI PERUBAHAN SOSIAL Muhammad Alfi Syahrin; Muhammad Agus Salim
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/v0n17560

Abstract

This article examines how social change influences the interpretation and application of Islamic law and proposes a procedural reconstruction of legal reasoning, with Islamic family law as its analytical focus. Using normative legal research with conceptual and sociological perspectives, the study compares recent scholarship on legal pluralism, maqāṣid, ijtihad, and family-law reform. The analysis identifies three channels of social influence: changes in legal objects, factual circumstances, and legal institutions. It develops a three-stage framework consisting of sociological diagnosis, normative assessment, and contextual formulation. Unlike a general appeal for legal adaptation, the framework requires explicit identification of relevant facts, normative authority, reasoning limits, and foreseeable effects. A worked illustration of post-divorce child care distinguishes shared parental responsibility from an automatic equal-time arrangement, emphasizing children’s welfare and legally defensible responsibilities. The framework is presented as a conceptual synthesis rather than an empirically tested reform model. Further examination of case law and administrative practice is recommended.
HUKUM ISLAM YANG HIDUP: PRAKTIK SOSIAL, NEGOSIASI BUDAYA, DAN OTORITAS HUKUM DALAM MASYARAKAT MUSLIM Imanuddin Abil Fida; M. Tosen
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/wchb1q88

Abstract

Islamic inheritance law in Indonesia operates within a plural normative environment in which farāʾiḍ provisions, the Compilation of Islamic Law (KHI), local customary norms, familial practices, and judicial mechanisms interact. This article examines how inheritance is distributed beyond the formal calculation of farāʾiḍ, how cultural values are translated into family-based settlements, and how families, religious scholars, judges, and the state construct claims of authority over distributive outcomes. The study employs normative legal research using statutory, case, and conceptual approaches, supplemented by a socio-legal interpretation of previously published empirical studies. The primary materials include Qur’anic provisions on inheritance, Articles 176, 183, 188, and 209 of the KHI, as well as Supreme Court jurisprudence concerning compulsory bequests and customary inheritance law. The analysis distinguishes inheritance arising after the death of the decedent from inter vivos gifts, voluntary redistribution from coerced relinquishment of rights, and customary compromise from unjustifiable displacement of legally protected entitlements. The article develops a Practice–Culture–Authority (PCA) Framework, operationalized through five evaluative stages: transaction classification, knowledge of entitlements, consent and vulnerability, authority, and access to remedies. The findings indicate that normative plurality can produce defensible inheritance settlements only where the legal classification is accurate, original entitlements are known, consent is genuinely voluntary, vulnerable heirs are protected, and the resulting arrangement remains open to mechanisms of review or challenge. The article’s contribution lies in connecting the concept of living law with the doctrinal boundaries of Islamic inheritance law without romanticizing family harmony or treating all local practices as legally legitimate.
COMPARATIVE STUDY OF ISLAMIC FAMILY LAW AND MUSLIM FAMILY RESILIENCE IN SOUTHEAST ASIA: INDONESIA–MALAYSIA PERSPECTIVES Imanuddin Abil Fida; Tajulasikin bin Jumaat
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 1 (2024): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/26bh7n17

Abstract

Islamic family law recognises protections for family members, yet their relevance to Muslim family resilience requires examination beyond formal entitlements. This study examines how legal recognition, procedural accessibility, and enforcement inform family protection in Indonesia and Malaysia. A qualitative, literature-based comparative approach synthesises published research on post-divorce rights, institutional support, and family adaptation. The synthesis identifies procedural differences in addressing women’s claims and highlights the distinction between obtaining judicial awards and receiving effective remedies. Institutional assistance and sociocultural resources emerge as potentially complementary conditions of adaptation, although the reviewed evidence does not establish causal relationships or national superiority. The study proposes a framework linking entitlement recognition, procedural accessibility, and remedy realisation to resilience-relevant protection. Its contribution lies in connecting comparative family-law analysis with adaptive functioning without equating resilience with marital continuity. Future research should test this framework using jurisdiction-specific implementation evidence and longitudinal household data.

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