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Al-Usroh : Jurnal Hukum Keluarga Islam
Published by Sekolah Tinggi Agama Islam Sangatta Kutai Timur
ISSN : 30255872     EISSN : 29887488     DOI : https://doi.org/10.55799/alusroh.v1i02.285
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum Keluarga Islam Fikih Munakahat Pemikiran Hukum Islam Hukum Perdata Islam Kajian Ushuliyah di bidang hukum domestic Ilmu Falaq Hukum Perkawinan Islam dan Gender Fikih keluarga
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 3 No. 02 (2025): Desember" : 5 Documents clear
KETEGANGAN ANTARA SYARIAT DAN NORMA SOSIAL DALAM PRAKTIK POLIGAMI: STUDI KUALITATIF ATAS PERSEPSI, STIGMA, DAN REPRESENTASI MEDIA Putri, Nadia; Rahmat, Aulia
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 02 (2025): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i02.741

Abstract

This study examines the tension between the religious legitimacy of Islamic sharia and contemporary social norms in the practice of polygamy in Indonesia. While polygamy is permitted in Islam under the fundamental condition of justice among wives, its practice frequently encounters social resistance rooted in values of gender equality and family integrity. Employing a descriptive qualitative approach, this research combines field studies and literature review methods. Data were collected through semi-structured interviews involving women in polygamous marriages, religious leaders, women’s rights activists, and members of the general public. The findings indicate that polygamy is predominantly perceived negatively by Indonesian society, largely due to prevailing social constructions, collective experiences associated with marital conflict, and biased representations in mass media. Women who become second wives often experience social stigma in the form of negative labeling and social exclusion, which adversely affects their psychological well-being and social standing. Moreover, mass media tends to reinforce narratives of injustice and conflict within polygamous households, producing a monolithic image that fails to capture the diversity of lived experiences. This study concludes that polygamy constitutes a complex and multidimensional social phenomenon that cannot be assessed solely on the basis of religious permissibility. Accordingly, a more equitable, contextual, and gender-sensitive approach is necessary for understanding and evaluating the practice of polygamy within Indonesian society.
ANALISIS METODE BURHANI, BAYANI, DAN IRFANI DALAM PERNIKAHAN DINI YANG TIDAK TERCATAT DI PENGADILAN Winarni, Winarni; Ghazali; Tuti Harwati
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 02 (2025): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i02.763

Abstract

Indonesian marriage law ideally stipulates that marriage should be entered into by men aged 21 and women aged 19, reflecting the assumption that individuals at this stage have reached sufficient maturity to assume marital responsibilities and roles. However, in practice, marriages involving minors—many of whom are still in school—remain prevalent. Early marriage has increasingly become a normalized phenomenon within society and has even emerged as a trend among younger generations. This study employs field research with an empirical approach to examine the factors influencing early marriage and its impacts. Primary data were obtained through direct interviews with individuals who entered into early marriage, while secondary data were collected from academic articles and relevant literature, including analyses based on the burhani, irfani, and bayani methodological perspectives. The findings identify several key factors contributing to early marriage, including economic pressure, low educational attainment, family and parental influence, individual motivation, exposure to technology and social media, as well as customary and cultural norms. The study further reveals that early marriage generates significant negative impacts, particularly on adolescents and children. Married adolescents, especially those who become pregnant at a young age, face heightened health risks such as anemia, which contribute to increased maternal and infant mortality rates. Early marriage also limits access to education, restricts employment opportunities, accelerates the loss of adolescence, and ultimately contributes to higher unemployment rates. Children born from early marriages are more likely to experience low birth weight, premature birth, and increased health vulnerabilities. Based on the perspectives of the interviewed participants, early marriage is considered better avoided due to its extensive negative consequences, despite the presence of limited perceived benefits.
FENOMENA MARRIAGE IS SCARY: TANTANGAN KONTEMPORER TERHADAP IMPLEMENTASI UU PERKAWINAN DI INDONESIA Imam Faishol
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 02 (2025): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i02.813

Abstract

The widespread phenomenon of “Marriage is Scary” on social media represents a shift in the perception of Indonesian Generation Z towards the institution of marriage. This study aims to analyze the implications of this phenomenon on the implementation of Law Number 1 of 1974 concerning Marriage. Through a socio-legal approach, the study reveals that the fear of marriage triggered by economic, psychological, and socio-cultural factors has created structural challenges for marriage law, which is built on normative assumptions about marriage as a desirable social norm. Data from the Central Statistics Agency shows a significant and sustained decline in the number of marriages from 2,110,776 (2014) to around 1,478,302 (2024), confirming the real impact of this phenomenon and signaling a change in social paradigm. The research findings reveal three main challenges: (1) the irrelevance of the Ministry of Religious Affairs' marriage guidance function, (2) disruption to the marriage registration system and population projections, and (3) regulatory gaps that do not accommodate the phenomenon of delayed and reluctant marriage. The study concludes that the Marriage Law requires a paradigmatic reorientation that is responsive to social change and recommends a holistic, integrative approach that encompasses legal, economic, and psychological aspects.
ANALISIS PERLINDUNGAN HAK ANAK PADA KASUS PENGASUHAN KINSHIP CARE BERDASARKAN TEORI JUSTICE DI SEMAMPIR SURABAYA Amalia, Vanessa; Afriska Ramadhani, Olivia; Al-Mutashim Billah, Muhammad
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 02 (2025): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i02.841

Abstract

Kinship care constitutes an important alternative form of childcare when biological parents are unable to provide adequate protection and meet their children’s needs due to factors such as divorce, poverty, or death. In the Semampir area of Surabaya, kinship care is widely practiced; however, the fulfillment of children’s rights remains suboptimal. Many children living under kinship care arrangements experience unequal access to education, healthcare services, psychological support, and adequate housing, while also facing social stigma that exacerbates both their vulnerability and the burden placed on caregivers. This study examines the protection of children’s rights within the context of kinship care through the lens of John Rawls’s theory of distributive justice. Employing an empirical socio-legal method, data were collected through in-depth interviews, participatory observation, and documentation analysis of divorce-related cases. The findings reveal that economic constraints, social discrimination, and weak legal support mechanisms contribute to the unequal distribution of resources and inadequate protection afforded to children in kinship care settings. The study concludes that the application of social justice principles is essential to strengthening child protection mechanisms and ensuring the fair and equitable fulfillment of children’s rights. Accordingly, policy interventions should actively involve the government, social institutions, and community actors to create an integrated and justice-oriented kinship care framework.
ASAS BEST INTEREST OF THE CHILD SEBAGAI PARAMETER UTAMA HAK ASUH DI PENGADILAN AGAMA (ANALISIS NORMATIF DAN YURISPUDENSI) Abdul Basir, Muchammad; Anwari, Zanuar; Hartono
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 02 (2025): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i02.843

Abstract

The application of the Best Interest of the Child principle in custody determinations is a critical issue, as it directly affects children’s welfare and the quality of legal protection in family disputes. Variations in judicial practices and inconsistencies between legal norms and judicial considerations indicate the need for a more in-depth examination of the principle’s effectiveness. This paper aims to evaluate the consistency of the application of the best interests principle in the Religious Courts through a normative–empirical approach, while also identifying gaps between regulatory frameworks, judicial practices, and the actual conditions experienced by children following custody decisions. This study employs a qualitative method, including normative analysis of child protection regulations, a jurisprudential review of court decisions, limited interviews, and an examination of empirical data concerning children’s conditions. The findings reveal that although the best interests principle serves as a strong legal foundation, its implementation remains influenced by the absence of objective assessment standards, variations in judicial reasoning, and the limited involvement of professional assessors. The study further confirms that custody decisions prioritizing children’s needs have a positive impact on their physical, emotional, and social development. Therefore, the formulation of technical guidelines and the involvement of relevant experts are necessary to ensure more consistent and child-centered custody rulings.

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