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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 36 Documents
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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.
TINJAUAN KETIDAKHARMONISAN DALAM HUBUNGAN KELUARGA TERHADAP NUSYUZ ISTRI: PERSPEKTIF SOSIOLOGI DAN ANTROPOLOGI Naufal
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 4 No. 01 (2026): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v4i01.915

Abstract

Marital disharmony remains a recurring issue in family life and often develops into more complex relational problems, including wives’ nusyuz. This study examines the factors underlying marital disharmony that lead to wives’ nusyuz in Mudalrejo Village, Loano District, Purworejo Regency. It adopts a descriptive qualitative design with a field research approach. Data analysis follows the Miles and Huberman model, encompassing data reduction, data presentation, and conclusion drawing. Primary data were obtained through interviews with community leaders, village officials, and family members, while secondary data were derived from relevant documents and literature. The findings reveal that disharmony is mainly caused by inadequate communication, husbands’ infidelity, and economic difficulties that generate wives’ dissatisfaction. Persistent unresolved conflicts often result in wives leaving their husbands and returning to their parental homes. Overall, marital disharmony emerges as the principal factor contributing to wives’ nusyuz, highlighting the importance of strengthening spousal communication to improve marital relationships.
IMPLIKASI HUKUM PENIPUAN MAHAR (GHURUR AL-MAHR) TERHADAP KEABSAHAN IKATAN PERKAWINAN: ANALISIS YURIDIS-NORMATIF ATAS KASUS MAHAR CEK PALSU DALAM PERSPEKTIF KHI David Riendra; Muhammad Hidayat
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 4 No. 01 (2026): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v4i01.944

Abstract

Mahr constitutes a fundamental right of a wife and plays a significant role in marriage under Islamic law and Indonesian positive law. However, in practice, deviations continue to occur in the form of mahr fraud, particularly through the use of invalid financial instruments such as forged checks. This phenomenon raises legal issues concerning the validity of mahr, its implications for the marital relationship, and the protection of wives’ rights. This study employed a normative juridical method using statutory and conceptual approaches based on library research involving legislation, the Compilation of Islamic Law (KHI), and contemporary Islamic jurisprudence. The findings indicate that mahr in the form of a forged check does not fulfill the legal requirements of a valid mahr under Islamic jurisprudence and the KHI, as it lacks real economic value and cannot be validly transferred to the wife. Such a practice constitutes Ghurur Al-mahr (Mahr Fraud), which may undermine the wife's free and informed consent at the time of the marriage contract and has legal implications for the validity of the marriage, as regulated in Article 27 of Law Number 1 of 1974 on Marriage. In terms of legal protection, the wife is entitled to a substitute Mahr (Mahr Al-mithl) as a means of restoring her economic rights, in accordance with the principles of Maqasid Al-shari‘ah.
KEDUDUKAN KAIDAH FIQHIYAH DALAM SISTEM EPISTIMOLOGI HUKUM ISLAM Berliano Arrasyid; Zul Ikromi; Muhammad Hafis
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 4 No. 01 (2026): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v4i01.971

Abstract

This research is motivated by the tension between the limited nature of revealed texts and the dynamic reality of social change, which positions qawa’id fiqhiyyah (Islamic legal maxims) as a vital epistemological instrument to bridge partial rulings (furu’) with the universal objectives of Sharia (maqasid). The purpose of this study is to dissect the epistemological structure of Islamic law through the lens of legal maxims, analyze their authority within the Hanafi and Shafi'i traditions, and reconstruct their relevance using Jasser Auda’s systems approach. The research method employed is normative legal research based on a library study. Data were collected through documentation of primary and secondary literature, which were then processed using descriptive-analytical and hermeneutic techniques to deconstruct the Naqli-Aqli-Systemic reasoning. The results indicate that qawa’id fiqhiyyah represent an integration of bayani (textual), burhani (rational), and irfani (ethical-spiritual) epistemologies. There is a significant methodological distinction where the Shafi'i School employs a deductive approach, while the Hanafi School tends toward an inductive approach. Furthermore, through the features of Jasser Auda’s systems approach such as cognitive nature, openness, and multi-dimensionality legal maxims are transformed from mere products of past jurisprudence into a progressive and responsive ijtihad methodology facing global challenges. In conclusion, the reconstruction of legal maxims through a systems approach enables Islamic law to remain relevant as a mercy to all creation (rahmatan lil-alamin) by prioritizing human welfare and human rights as the primary orientations.
ANALISIS TUJUAN DAN FUNGSI HUKUM DALAM MEWUJUDKAN KETERTIBAN DAN KEADILAN SOSIAL Hartono Hartono; Achmad Fahruddin; Ajis Supangat
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 4 No. 01 (2026): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v4i01.975

Abstract

Mahr constitutes a fundamental right of a wife and plays a significant role in marriage under Islamic law and Indonesian positive law. However, in practice, deviations continue to occur in the form of mahr fraud, particularly through the use of invalid financial instruments such as forged checks. This phenomenon raises legal issues concerning the validity of mahr, its implications for the marital relationship, and the protection of wives’ rights. This study employed a normative juridical method using statutory and conceptual approaches based on library research involving legislation, the Compilation of Islamic Law (KHI), and contemporary Islamic jurisprudence. The findings indicate that mahr in the form of a forged check does not fulfill the legal requirements of a valid mahr under Islamic jurisprudence and the KHI, as it lacks real economic value and cannot be validly transferred to the wife. Such a practice constitutes Ghurur Al-mahr (Mahr Fraud), which may undermine the wife's free and informed consent at the time of the marriage contract and has legal implications for the validity of the marriage, as regulated in Article 27 of Law Number 1 of 1974 on Marriage. In terms of legal protection, the wife is entitled to a substitute Mahr (Mahr Al-mithl) as a means of restoring her economic rights, in accordance with the principles of Maqasid Al-shari‘ah.
PERAN GANDA ISTRI DALAM PEMENUHAN KEBUTUHAN RUMAH TANGGA PERSPEKTIF SOSIOLOGI HUKUM ISLAM Nurhasmi Nurhasmi; Arisman Arisman
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 4 No. 01 (2026): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v4i01.984

Abstract

This study aims to examine the dual role of wives in fulfilling household needs from the perspective of the sociology of Islamic law. The research uses a literature-based normative legal research method, this study connects Islamic family law, social change, and maqāṣid al-syarī'ah. The results of the study show that the economic participation of wives can be understood as an adaptive practice that is permissible if it is based on deliberation, does not transfer the main maintenance obligation from the husband, and maintains family harmony. Within the framework of maqāṣid, the role supports the protection of property (ḥifẓ al-māl), soul (ḥifẓ al-nafs), heredity (ḥifẓ al-nasl), and intellect (ḥifẓ al-'aql). This article offers an integrative reading between Islamic legal norms and contemporary family realities.

Page 4 of 4 | Total Record : 36

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