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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 169 Documents
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PENDAPAT TOKOH NAHDLATUL ULAMA DAN MUHAMMADIYAH PROBOLINGGO TENTANG KUA SEBAGAI TEMPAT PERNIKAHAN SEMUA AGAMA Nanang Suhartono; Ana Billah
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/usrah.v5i1.1343

Abstract

Marriage regulations in Indonesia are regulated in Marriage Law Number 1 of 1974. Article 2 states that "every marriage is recorded in accordance with applicable laws and regulations" meaning that every marriage must be recorded in accordance with applicable regulations. However, in practice, marriage registration at the KUA is only assigned to Muslims. Meanwhile, registration of non-Muslim marriages is not regulated in detail. So, the Minister of Religion has a discourse that KUA will be a wedding venue for all religions. From this description, this research focuses on the views or opinions of Nahdlatul Ulama and Muhammadiyah figures in Dringu District in responding to this discourse. The research method used in this research uses empirical research methods, namely a type of research that is oriented to an empirical field approach. This research uses a qualitative approach, namely collecting data to obtain new understanding from sources regarding the issues that occur. The location of this research was carried out in Dringu District, Probolinggo. The results obtained in this research were that NU figures thought that this discourse was a good breakthrough because it made it easier for non-Muslims to register their marriages. Meanwhile, Muhammadiyah figures are of the opinion that the discourse must be reviewed by considering problems that will arise such as technical and implementation readiness as well as non-Muslim experts for non-Muslim minority areas. Keywords: Opinion; Nahdlatul Ulama; Muhammadiyah; KUA; Marriage of All Religions
EKSISTENSI KELUARGA SINGLE PARENT (Analisis Keluarga Single Parent Di Desa Samirono Perspektif Struktural Fungsional) Fikri, Sariatul; Nur Fitria Primastuti; Nur Sodiq
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1253

Abstract

There is a phenomenon where one parent takes care of their child (single parent). Even though legally the parents are obliged to care for children. So how can the existence of one parent caring for their child (single parent) survive? This research examines the existence of one parent caring for their child using Talcot Parson's AGIL theory. This type of research is field research with qualitative methods. The subject and locus of this research are single parent families in Samirono Village, District. Getasan District. Semarang. Researchers used primary data through in-depth interviews with perpetrators and secondary data obtained from literature. The research results show that the adaptation function can be seen from adaptation with the family or in society, the integration function is in the form of maximum child care from single parents, and the integration function includes good time management between child care and domestic household work. Meanwhile, the function of latency is that there is no intention from single parents to live in a household with a new person because they want to focus on caring for and educating their children. Keyword: Existence, Samirono, Single parent
Eksitensi Pos Bantuan Hukum Dalam Menjamin Perlindungan Hak Perempuan Dan Anak Pasca Perceraian Studi Kasus Pengadilan Agama Makassar Klas 1 A. Andi Agung Mallongi; Muh. Alghifari; Muhammad Rizal
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1324

Abstract

This study aims to analyze the existence of Legal Aid Posts (Posbakum) at the Makassar Religious Court Class 1 A in ensuring the protection of women's and children's rights after divorce. Specifically, the study identifies the role of Posbakum in providing legal services related to women’s and children's rights such as alimony and child custody, as well as reviewing the effectiveness of Posbakum in drafting cumulative lawsuits, enabling the realization of fast, simple, and low-cost justice. This study also explores the challenges faced by Posbakum in carrying out its functions, particularly in divorce cases. The research method used is non-doctrinal (normative-empirical), where law is analyzed as an object linked to real-world conditions. This study examines legal provisions related to Posbakum and its implementation in society, with an applied research law approach, where applicable positive law is combined with the actual conditions in society. Research data sources are obtained from literature reviews, legal regulations, and direct interviews with Posbakum personnel at the Makassar Religious Court Class 1 A. The results of this discussion show that Posbakum plays a vital role in providing legal services to women and children after divorce but still faces various challenges. Some of these include limited budget, inadequate facilities, and low public awareness of the rights they can claim. The research results also indicate that other obstacles such as social stigma and low education levels affect the effectiveness of Posbakum services. Keywords: Divorce, Legal Aid Post, Makassar Religious Court Class 1 A ,Women's and Children's Rights,  
Tinjauan Yuridis terhadap Dispensasi Pernikahan Dibawah Umur dalam Perspektif Hukum Islam Indonesia Ageng Subekti
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1344

Abstract

In Indonesia, the social phenomenon of underage marriage has difficulties in enforcing the law. This is related to the application for marriage through dispensation. Underage children should be protected and their rights and obligations as children should be fulfilled. So there needs to be synergy between the government, law enforcement, and the wider community in an effort to prevent child marriage at a young age for a better future for the next generation, this study uses a normative research method, In positive Indonesian law, the minimum age limit for marriage has been regulated in Article 7 paragraph 1 of Law No. 1 of 1974 concerning amendments to Law No. 16 of 2016 but there are still many people who violate these limits so that they apply for dispensation, In Islamic law a person can marry if they are considered baligh or an adult, Islam does not prohibit someone from marrying a minor if the person has reached baligh and meets various aspects such as physical, psychological and knowledge maturity as indicators of maturity in forming a household, the impact of early marriage dispensation has positive and negative impacts such as preventing free association and the negative impacts given are domestic violence, disharmony in the household which results in divorce Keywords: Dispensation, Early Childhood Marriage, Islamic Perspective, and Review of Law
PEMBAHARUAN HUKUM KELUARGA ISLAM DALAM MENGHADAPI TANTANGAN SOSIAL KONTEMPORER PERSEPEKTIF MAQASHID SYARIAH La Harisi, Isnain; M. Wahid Abdullah
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1358

Abstract

This study examines the necessity of reforming Islamic family law in response to contemporary social challenges from the perspective of Maqashid Syariah. The rapid changes in social norms, particularly regarding gender roles, divorce, and women's rights, call for a flexible approach to Islamic law that remains rooted in the principles of justice and welfare. Maqashid Syariah, or the higher objectives of Islamic law, provide a theoretical framework that focuses on preserving religion, life, intellect, lineage, and wealth. Through qualitative research, particularly literature review and content analysis, this study identifies key areas where Islamic family law can be reformed to better address contemporary issues without compromising core Islamic values. The findings reveal that gender roles within the family should be more equitable, with greater recognition of women's roles both inside and outside the household. In the area of divorce, the law must ensure justice and protection for women and children, aligning with the objectives of Maqashid Syariah to safeguard life and lineage. Additionally, women’s rights in inheritance and financial matters should be strengthened. This study demonstrates that the principles of Maqashid Syariah offer a robust and adaptable framework for reforming Islamic family law to meet the needs of contemporary society while maintaining the integrity of Islamic teachings. Keywords: contemporary challenges, Islamic family law, legal reform,Maqashid Syariah.
Dampak Pernikahan Dini Terhadap Manajemen Keuangan Keluarga Dalam Islam Kamila, Nurul; Sunariyah, Anik; Hipni, Mohammad; Mawardi, Imam
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1363

Abstract

Early marriage is often a choice for some couples, either due to social, cultural or economic factors. However, getting married without financial readiness and adequate understanding of financial management can have a significant impact on family welfare. In Islam, family financial management must comply with sharia principles which emphasize balance, responsibility and avoidance of usury. This research aims to analyze the impact of early marriage on family financial management in Islam. The method used in this research is a qualitative method with a descriptive approach. The results of this research show that early marriage can cause unstable income, difficulty in controlling expenses and difficulty in saving. Couples who marry at a young age also tend not to carry out good financial planning and thus become trapped in debt. This is due to their young age and lack of experience and education. In the context of financial management in Islam, early marriage can lead to excessive consumption patterns and low sharia financial literacy.   Keywords: Early Marriage, Family Financial Management, Islam.
Problematika Pernikahan Dini Terhadap Kesejahteraan Ekonomi Keluarga Dalam Perspektif Ekonomi Syariah layyinah, Khoiriyatul; Sunariyah, Anik; Hipni, Mohammad; Mawardi, Imam
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1364

Abstract

Early marriage is a marriage under age, where there is no mature readiness to carry out married life. Teenagers will experience difficulties because the reason they are getting married is not because they are ready so that early marriage can occur for various reasons. Marriage is a highly valued institution, where family economic stability is one of the main goals. However, when marriage is carried out at a too young age, the couple is often not ready physically and mentally. Therefore, the aim of this research is to analyze the problems that occur in families who engage in early marriage in the community in Burneh District and their relationship to the family's economic welfare from a sharia perspective. This research was conducted using descriptive qualitative methods, the data collection techniques used were observation, interviews and documentation related to the problems of early marriage. The research results show that early marriage has a negative impact on the family's economic well-being, causing an inability to manage the family economy effectively, thereby triggering dependence on debt and a lack of long-term savings. From a sharia economic perspective, this problem is contrary to the principles of justice in the distribution of wealth and the obligation to fulfill basic needs within the family. Keywords: Early-age marriage; Economic Welfare; Family.
MEDIASI NON LITIGASI OLEH TOKOH MASYARAKAT PADA PERKARA POLIGAMI Primastuti, Nur Fitria; Roikhatul Jannah; Nur Isna Fitriani; Zunaeni; Siti Zumrotun
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1416

Abstract

This study aims to determine the effectiveness of the role of community leaders in non-litigation mediation of polygamy cases in Parakan District, Temanggung Regency. Non-litigation mediation is an alternative conflict resolution that is often faced by couples who want to practice polygamy, especially in the context of Islamic law and local socio-culture. Community leaders, including religious leaders and traditional leaders, play an important role as mediators in helping couples and families reach agreements without going through the court process. This study uses a qualitative approach with a case study method, involving observation and in-depth interviews with community leaders, couples involved, and families. The study results indicate that community leaders have a significant success in mediating polygamy cases using personal and religious approaches that are by local values. The effectiveness of this non-litigation mediation is determined by community trust in the integrity of the leader, a good understanding of legal and religious aspects, and communication skills used in conflict resolution. However, the challenges faced include differences of opinion between couples and families, as well as the limited authority of community leaders in making binding decisions. In conclusion, the role of community leaders in non-litigation mediation of polygamy cases in Parakan District has proven effective in reducing domestic conflict, although it requires further support and cooperation from various parties to ensure the sustainability and continuity of the mediation results. Keywords:  : Community Leaders, Non-Litigation Mediation,  Polygamy
EFEKTIVITAS PERLINDUNGAN HUKUM TERHADAP KORBAN PEMERKOSAAN DALAM UNDANG-UNDANG TINDAK PIDANA KEKERASAN SEKSUAL (UU TPKS) Suryantoro, Dwi Dasa
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1427

Abstract

With the enactment of the Sexual Violence Crime Law (UU TPKS) in 2022, the legal framework for addressing rape in Indonesia has undergone significant development. This legislation provides improved protection for rape victims, including victims' rights, legal safeguards, and measures for the prevention of sexual violence. The objective of this study is to evaluate the effectiveness of legal protection for rape victims under the UU TPKS. This research adopts a normative method with a conceptual and legislative approach. Secondary data, obtained indirectly through literature reviews, is used as the primary source for examining how the provisions of the UU TPKS are applied in relation to victims' rights, reporting mechanisms, and the obstacles hindering the implementation of legal protections for victims. The findings indicate that although the UU TPKS provides a robust legal foundation, its implementation faces numerous challenges, including a lack of understanding regarding victims' rights. Keywords: effectiveness, Rape, sexual violence,
PENYELESAIAN SENGKETA WALI ADHOL DENGAN MEDIASI NON-LITIGASI OLEH PEGAWAI PENCATATAN NIKAH DI KUA KEDU wardah hayya, yustika; Mujib, Mishbachul; Hidayat, Nabil Malik; Rifqiyanto, Agus Ilham; zumrotun, siti
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1439

Abstract

The aim of this research is to describe and analyze the non-litigation mediation process carried out by marriage registration officers at KUA Kedu in resolving guardian adhol dispute cases.  The research method uses a descriptive-qualitative approach which provides an overview of marriage problems related to guardian adhol and the role of the Kedu Religious Affairs Office (KUA) in resolving guardian adhol problems through non-litigation mediation. The data used is primary data sourced from field research. The data collection technique uses a direct observation approach and documentation. Data analysis uses narrative analysis which is analyzed using mediation theory, namely understanding conflict resolution effectively through communication and collaboration.  Research results on the role of KUA Kedu in resolving problems related to adhol guardians through non-litigation mediation attended by marriage guardians, prospective brides and grooms. The prospective bride's marriage guardian finally agreed to become the marriage guardian and carried out taukil wali bilkitabah (handing over the guardian's authority in writing) before the Head of the Kedu District KUA.  Keywords: Role, Resolving Adhol, Office of Religious Affairs

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