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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 206 Documents
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KEBERHASILAN MEDIASI DALAM PENYELESAIAN CERAI TALAK DI PENGADILAN AGAMA SALATIGA : STUDI KASUS PERKARA NOMOR 353/PDT.G/2023/PA.SAL Kurniawan, Adhi; Mustolich, Muhammad; Nor Hidayati, ST; Sodiq, Nur; 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.v6i1.1450

Abstract

ABSTRACT Talaq divorce cases in the Religious Courts often become a challenge in maintaining a balance between the rights and obligations of husband and wife and the interests of children. Mediation is an alternative dispute resolution instrument used in the divorce process, including divorce and divorce, which aims to reach a peaceful agreement through the judicial process (litigation). In Supreme Court Regulation (Perma) 1 of 2016 concerning Mediation Procedures in Court, this regulation requires every civil case submitted to court to go through a mediation process first before proceeding to the further trial stage. The aim is to encourage peaceful, faster and cheaper dispute resolution through dialogue between the parties facilitated by a mediator. This article aims to examine the role of mediation in resolving talak divorce cases, as well as the factors that influence its success. A case study of a talak divorce case which succeeded in reaching an agreement through mediation will be used as material for analysis, namely case Number 353/Pdt.G/2023/PA.Sal. This research highlights the importance of mediation as a solution approach to minimize the negative impacts of divorce, especially for women and children. Keywords: Mediation; Divorce Divorce; Religious Court; Agreement  
PERBANDINGAN SISTEM PEMBAGIAN WARIS DALAM HUKUM INDONESIA DAN MALAYSIA bero, Suripto; Fikri, Sariatul; Mujib, Mishbachul
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.v6i1.1467

Abstract

This research focuses on examining more specifically the comparison of inheritance distribution systems in Indonesian and Malaysian law. Both are Muslim-majority countries that apply Islamic law in the distribution of inheritance, but each has different legal systems and policies in regulating inheritance. This research method is a type of qualitative research using the Library Research method. The research results show that Indonesia adopts a pluralistic legal system which includes Islamic law, customary law and civil law in the division of inheritance, while Malaysia implements a dualistic legal system with a separation between Sharia law for Muslims and civil law for non-Muslims. The similarities between the two countries lie in the basis of Sharia law which guides the distribution of Muslim inheritance, including the application of the faraid principle.
WALI NON MUSLIM DALAM PERKAWINAN PERSPEKTIF MAQASHID SYARI’AH Wafda Muhammad
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article discusses the prohibition for non-Muslims to be marriage guardians in the marriage of their Muslim children, focusing on the maqasid sharia perspective. The background of this research stems from the complexity of social life in multicultural Indonesia, where there are often non-Muslim parents who have Muslim children. The research aims to review the law on non-Muslim marriage guardians and its implications for the welfare and harmony of Muslim families. The method used is normative research with a qualitative approach, collecting data from the fiqh literature of the four madhhabs as well as studies of marriage phenomena. The findings show that this prohibition is based on the consensus of scholars and aims to maintain the integrity of the Islamic religion, avoid conflict, and ensure appropriate moral guidance in marriage, which is the maqasid sharia of prohibiting non-Muslims from becoming marriage guardians of Muslim daughters. In conclusion, the prohibition of non-Muslims as marriage guardians is not just a legal rule, but has a purpose behind it, namely a strategic step to protect the identity and honour of the Muslim community in the midst of social diversity, which is hifdzu al-diin in maqasid sharia. Keywords: Non-Muslim Guardian; Marriage; Maqasid Syariah
PERAN KELUARGA DALAM PEMBENTUKAN IDENTITAS GENDER DAN BUDAYA DI ERA GLOBALISASI Hasibuan, Rosari Damayanti; H, Kurniawan; Sampurna Siregar; Nursania Dasopang
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.v6i1.1554

Abstract

Abstract The family plays a crucial role in shaping a child's gender and cultural identity from an early age. As the first social unit, the family teaches values, norms, and expectations related to gender roles and culture, which influence how children perceive themselves. In the context of globalization, the family's role becomes increasingly complex due to the influence of media, technology, and cross-cultural interactions that introduce new perspectives and norms. This study aims to investigate how families contribute to shaping children's gender and cultural identity amid the influences of globalization. The research employs a qualitative approach with a descriptive design. The findings indicate that children's gender identity is formed through parenting styles, communication, and social expectations imposed by parents. However, global media exposure often introduces foreign cultures that may blur local values. To address this, families need to play an active role by fostering critical thinking in children, strengthening local identity through arts and traditions, and creating space for healthy discussions on changing gender and cultural norms. By doing so, families can help children integrate traditional and modern values, enabling them to navigate the challenges of globalization without losing their sense of identity. Keywords: Family, Gender Identity and Culture, Globalization
The BLOCKHAIN UNTUK TRANSPARANSI DAN EFISIENSI DISTRIBUSI ZAKAT DALAM PERSPEKTIF HUKUM ISLAM Jinoto, Devin
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.v6i1.1555

Abstract

Enhancing transparency and efficiency in zakat management is an urgent necessity, considering challenges such as non-transparent reporting, regulatory uncertainty, and societal resistance. This study aims to explore the application of blockchain technology as a solution to these challenges. The main questions addressed in this research are how blockchain technology can improve the transparency, accountability, and efficiency of zakat distribution and the extent to which this technology aligns with Islamic legal principles. The research methodology employs a normative juridical approach by analyzing relevant zakat regulations. Data were collected through literature studies. The results show that blockchain features such as decentralization, immutability, and audit trails can significantly enhance accountability and trust in zakat institutions. However, technical challenges such as inadequate infrastructure and training needs, as well as insufficient regulatory support, remain major obstacles. These findings provide important contributions to understanding how blockchain can be adapted to support sharia-compliant zakat management. In conclusion, the adoption of blockchain has the potential to revolutionize zakat management systems with better transparency and efficiency, but it requires regulatory support, training, and global collaboration. Future research is recommended to focus on developing technical standards and evaluating implementation in various local and international contexts. Keywords: Blockchain, Zakat, Islamic Law.
ANALISIS FATWA TARJIH MUHAMMADIYAH TENTANG ISTRI IKUT ORGANISASI DITINJAU DARI SADDU DZARI’AH DAN DAMPAKNYA TERHADAP KELUARGA Putra, Fajriman; Azwar, Zainal
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.v6i1.1581

Abstract

This study adopts a qualitative method with a literature review approach. The aim of this research is to understand the istinbath (derivation) method used by the Muhammadiyah Tarjih Council in issuing fatwas related to women’s participation in organizations. The findings of this study indicate that the Muhammadiyah Tarjih Council refers to the Qur'an and Hadith to explain the wife’s duties towards her husband, children, and parents, as well as guidelines regarding congregational prayer and women’s participation in organizations. In this context, women may participate in religious organizations if it brings benefit, but the impact on family harmony must be considered. The principle of Sadd al-Dzari'ah is applied to prevent negative consequences arising from the conflict between organizational and family interests, prioritizing based on urgency and maintaining a balance between both interests. Keywords:  Tarjih Fatwa; Wife Organization; Sadd al-Dzari'ah
RELEVANSI PENGATURAN MAHAR DAN DAMPAKNYA PADA KEHARMONISAN RUMAH TANGGA MASYARAKAT KONTEMPORER DI KECAMATAN TAMAN PERSPEKTIF MADZHAB SYAFI’I Muhammad Rifqy Fakhrul Hadi; Zaini, Muhammad Farid; Nelud Darajaatul Aliyah
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.v6i1.1611

Abstract

The concept of mahar is significant in marriage, representing the honor and dignity of the bride. In the perspective of the Syafi’i school of thought, mahar is seen as a symbol of agreement between the couple to build a harmonious household. This study aims to describe the relevance and impact of mahar on the harmony of contemporary marriages in Taman District. This research uses a qualitative method with a phenomenological approach to interpret in-depth experiences in contemporary society in Taman Subdistrict about the impact of dowry on marital harmony. The data sources in this study are religious leaders, couples who have been married for more than 10 years, and couples who have been married for less than 5 years. Data collection techniques were interviews and literature studies. Data were analyzed and then verified using the triangulation method. The results show that mahar is perceived as a personal right of the wife, a condition for the legitimacy of the marriage, and a symbol of the beginning of a happy marriage. The study also found that the concept of mahar payment varies between older and younger couples in the district, with the amount and timing of payment influenced by factors such as economic class, education, occupation, and family background. The study concludes that the impact of mahar on the harmony of contemporary marriages in Taman District is not significant, as mahar is seen as a symbolic gesture that is valued differently by each individual. Keywords:  Dowry, Harmony, Contemporary, Shafi’i Madhab
TRANSFORMASI HUKUM PERCERAIAN DALAM ISLAM DAN RELEVANSI HUKUM POSITIF DI INDONESIA Jufrianto, Rahmat Riyanda Agusta
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.v6i1.1620

Abstract

This study aims to analyze the forms of transformation in divorce law from the Jahiliyah era to Islamic law, as well as its relevance to positive law in Indonesia. In the Jahiliyah context, women were often treated as objects without rights in the divorce process, which was arbitrarily carried out by the husband. With the advent of Islam, significant changes occurred, emphasizing justice, the protection of women's rights, and a more regulated procedure for divorce, as outlined in the Qur'an and Hadith. The methodology employed is a literature review, examining Islamic legal sources and Indonesian legislation, including Law No. 1 of 1974 and the Compilation of Islamic Law. The findings reveal that Islamic law grants women the right to protection and justice in the divorce process, with an emphasis on the procedures that must be followed through the court to prevent arbitrary actions. Furthermore, this study finds that positive law in Indonesia seeks to integrate the principles of Sharia with the needs of modern society, thereby offering better protection for individuals, particularly women, in the divorce process. This research highlights the importance of understanding divorce law that is just and equitable in today's social context, as well as the necessity of consistent law enforcement to protect individuals' rights. Keywords:  Islamic Divorce; Law; Women's Rights.
TINJAUAN HUKUM TERHADAP KEBIJAKAN DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA Musa Darwin Pane; Rahim, Alvina
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.1639

Abstract

The policy of diversion in the juvenile criminal justice system is a step forward in criminal law that aims to shift the resolution of children's cases from the formal judicial path to a restorative approach. This policy is based on the principle of the best protection for children and children's rights as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study aims to analyse the legal basis, implementation, and challenges faced in the application of diversion in Indonesia. The research method used is a normative approach with a study of legislation and legal concepts. The results show that diversion is an effective mechanism for reducing the adverse effects of the judicial system on children and supports the achievement of restorative justice. However, in practice, obstacles are still found, such as a lack of understanding on the part of law enforcement officials, differences in the interpretation of legal provisions, and limitations in supporting facilities and infrastructure. Therefore, cooperation between various parties, including law enforcement officials, the community, and families, is needed to ensure the effectiveness of the diversion policy in the child criminal justice system in Indonesia. Keywords:  Diversion; Juvenile Criminal Justice System; Restorative Justic
AUTHORITY, HERMENEUTICS, AND BEAUTY, TELAAH GAGASAN KHALED ABOU EL FADL TENTANG METODOLOGI HUKUM ISLAM Toriqirrama, Faby
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.v6i1.1665

Abstract

This study aims to analyse the concepts of authority, hermeneutics, and beauty in the thought of Khaled Abou El Fadl and their implications for Islamic law in Indonesia. The research employs a qualitative approach with the library research method. Data is obtained from various literary sources, including books, scholarly journals, and relevant articles. The analysis is conducted using a descriptive-analytical method by describing and examining El Fadl’s thoughts and linking them to the context of Islamic law in the contemporary era. The findings indicate that the concept of authority in Islamic law should reflect ethical and moral values that prevent the monopolisation of religious understanding. El Fadl’s hermeneutics emphasise openness in interpreting sacred texts, while the concept of beauty highlights that Islamic legal rulings should embody justice and moral aesthetics. The study concludes that El Fadl’s ideas offer new insights into the development of a more contextual, humanistic, and responsive methodology of Islamic law. The concepts he proposes are relevant in constructing a more inclusive Islamic legal system that prioritises human values. Keywords:  El Fadl; authority; hermeneutics; beauty  

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