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USRATY : Journal of Islamic Family Law
Published by Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
ISSN : -     EISSN : 30267404     DOI : 10.30983/usraty
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
FOCUS Usraty focuses to provide a scientific article on Islamic family law that developed in attendance through the article publications. SCOPE Usraty welcomes papers from academicians on theories, philosophy, conceptual paradigms, academic research, as well as religious practices. In particular, papers that consider the following general topics are invited. 1. Marriage 2. Inheritance 3. Testament (washiah) 4. Divorce 5. Property in marriage 6. Childcare, 7. Women and children rights 8. The rights and obligations of family 9. Endowments (wakaf) 10. Marriage and Gender
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2024): Juni 2024" : 8 Documents clear
Peluang dan Tantangan Pemenuhan Hak Perempuan Pasca Cerai Gugat di Pengadilan Agama Nurhasnah, Nurhasnah
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.7646

Abstract

Divorce is the dissolution of a marriage carried out through a court decision or at the request of one party in the marriage, often involving various legal and social considerations. PERMA No. 3 of 2017 concerning Guidelines for Judges in Adjudicating Cases Involving Women in Conflict with the Law serves as a legal foundation and an important reference for judges in the Religious Courts. This study employs the method of Empirical Legal Research, allowing the researcher to observe and evaluate the implementation of this regulation in the field. In addition to PERMA No. 3 of 2017, there are also supporting regulations such as SEMA No. 3 of 2018, SEMA No. 2 of 2019, and SEMA No. 5 of 2021. These regulations require judges to order the husband to pay maintenance to the wife before pronouncing the divorce declaration and issuing the divorce certificate. This aims to ensure that women's rights are protected and fulfilled, even in often complicated divorce situations. The research findings indicate that opportunities for fulfilling women's rights are increasingly open, creating legal equality based on the principle of justice and providing protection for women after divorce, which may not have been guaranteed previously. However, the lack of legal awareness from both parties, the husband and wife, has led to the implementation of these regulations not running efficiently and effectively. Therefore, this study is expected to contribute to the development of policies and legal practices that are more supportive of women in the divorce process.
Evolution of the Minangkabau Inheritance System and its Relevance to Gender Justice in Islamic Law Saprina, Nelna; Rahmi, Yulia
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8377

Abstract

The inheritance system in Minangkabau, known for its matrilineal lineage, offers a unique perspective on property distribution, especially when contrasted with the patrilineal structure of Islamic inheritance law. This research delves into the historical and cultural evolution of the Minangkabau inheritance system, examining how it has adapted over time due to various social, legal, and religious influences. While Minangkabau customary law (adat) traditionally prioritizes female heirs, particularly through maternal lines, Islamic inheritance law advocates a more balanced approach, emphasizing the rights of both male and female heirs based on predetermined shares. The contrast between these two systems raises important questions about gender justice and the equitable distribution of wealth. Through a detailed exploration of Minangkabau customs and Islamic jurisprudence, this study investigates how these systems have coexisted and the efforts made by scholars and legal authorities to reconcile the differences. A significant focus is placed on the role of reformist thinkers within the Minangkabau community, who have sought to align local practices with the broader principles of Islamic inheritance law while preserving cultural identity. The research also examines the practical implications of these reform efforts, particularly in light of the evolving role of women in Minangkabau society and the growing calls for gender equality. The findings offer valuable insights into the potential for developing an inheritance model that respects both cultural traditions and Islamic values of justice, ultimately contributing to a broader discourse on gender equity in inheritance laws across diverse Muslim societies.
Tinjauan Sosiologi Hukum Islam Terhadap Larangan Nikah Sasuku dalam Adat Minangkabau Al Amin, Muhamad; Demiral, Ferik; Palevi, Reza; Mahyuzi, Indra
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8378

Abstract

The prohibition of same-clan marriage in Minangkabau customs is still enforced by the Minangkabau community today, despite various differences in the application of leniencies and sanctions established in different nagari (villages) for those who engage in same-clan marriages. This prohibition was set by customary institutions at that time to address the social conditions of the community. Although the social conditions that led to this prohibition have changed, it remains upheld by the Minangkabau people to this day. In examining this phenomenon, this research utilizes an Islamic legal sociology approach to observe the shifts in social conditions that have occurred. This study aims to explore how the prohibition of same-clan marriage has maintained its existence within the Minangkabau community and continues to be practiced today. The research is primarily library-based, collecting various supporting literary sources. In Minangkabau customs, the prohibition of same-clan marriage is enforced to prevent various harms that may arise from such unions for their clans, making it considered taboo and bringing shame to their kin. This belief reinforces the community's perception of avoiding these marriages. The perception built within the Minangkabau community can be understood through the Islamic legal sociology approach as a means to prevent potential harms arising from this marriage (sad adz-dzari'ah). Additionally, the societal perception of the taboo surrounding this marriage can serve as a social control mechanism that strengthens the Minangkabau people's conviction to avoid such unions, allowing this custom to endure.
Dialog Hukum Adat dan Islam: Kritik Syeikh Ahmad Khatib Al-Minangkabawi Terhadap Sistem Waris di Minangkabau Arif, Muhammad Fahmil; Rahmi, Melvi; Endriyenti, Endriyenti
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8379

Abstract

This research discusses the two main forces influencing Minangkabau society, namely custom and religion. The matrilineal system practiced in Minangkabau has significant differences compared to the Islamic kinship system, particularly in terms of inheritance distribution. These differences often become a source of conflict and academic interest, especially among scholars of Islamic law. One figure who firmly opposes the customary inheritance system in Minangkabau is Sheikh Ahmad Khatib al-Minangkabawi, a prominent scholar who served as Imam, Khatib, and teacher in Mecca. This study employs a library research approach with a descriptive analytical method to explore Sheikh Ahmad Khatib's critiques of the prevailing inheritance system. Sheikh Ahmad Khatib argues that customary practices that divert inheritance to nephews rather than biological children contradict Islamic principles. He even equates this action with consuming the wealth of orphans, a deed prohibited in Islam. During his time, there was ambiguity regarding the ownership status of property in Minangkabau society whether it belonged to a father or was property of the clan managed by the niniak mamak. When a father passed away, the inheritance that should rightfully go to biological children often ended up with nephews, leading to injustice. Sheikh Ahmad Khatib's sharp criticism emphasizes the need for reform in the customary inheritance system to align it with Islamic law and protect the rights of children, thereby reducing conflict and injustice in Minangkabau society in the future.
Konflik dan Resolusi dalam Pembagian Harta Pasca Perceraian di Tanah Pusaka Minangkabau Agung Setiawan, M.; Zola Efendi, Hendri
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8380

Abstract

This research describes a case study from Nagari Koto Tangah, Kecamatan Tilatang Kamang, where the clash between customary law and individual rights became the focal point in resolving shared assets following a divorce. The case involves an intercultural marriage—a husband of Javanese descent and a wife from Minangkabau. After years of marriage and building a house on the wife's ancestral land (Tanah Pusaka Tinggi), their marriage ended in divorce. Although the house was built together, the land, according to Minangkabau custom, could not be sold or transferred to an outsider, including the former husband. During mediation, the wife's family offered compensation to the former husband, but he found the compensation inadequate, leaving lingering dissatisfaction on his part. This study highlights the importance of understanding customary law and individual rights in intercultural marriages. Through a humanistic approach, the research illustrates how Minangkabau customary law protects Tanah Pusaka Tinggi as an integral part of the family's ancestral heritage while also revealing the limitations of legal frameworks in addressing the emotional dissatisfaction that often follows a divorce. By analyzing the perspectives of traditional leaders, religious scholars, and civil law experts, the study proposes a mediation solution that respects customary practices while addressing individual rights. In conclusion, while the conflict is formally considered resolved, the former husband's emotional dissatisfaction indicates that material compensation alone may not achieve full justice. This research recommends the use of prenuptial agreements and legal education on intercultural marriages to prevent similar conflicts in the future.
Diskursus Penafsiran Milkul Yamin di Kalangan Ulama Klasik dan Kontemporer: Teks dan Konteks Firdaus Eka Putra, Andi
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8385

Abstract

The institutionalised ownership of slaves (milkul yamin) is one of the focuses of the Quranic critique of the culture of exploitation and domination in Arabia. The Quran views that it must be eliminated immediately even though it is done gradually, including through expiation in the form of freeing slaves and allowing masters to have sex with their personal slaves as stated in several verses of the Quran. The concept of milkul yamin is interpreted with various views by classical and contemporary scholars, even with interpretations that go beyond previous scholars towards non-marital sexual relations. This research will reveal how classical and contemporary scholars interpret the concept of milkul yamin found in the Quran and hadith both in text and context. This research is a qualitative type of library research with data derived from sources related to the concept of milkul yamin in the form of books, books, articles and various writings in online media then analysed using descriptive methods. The results showed that the majority of classical and contemporary scholars viewed the verses on slavery as Islam's attempt to raise the status of slaves from religious prisoners of war at that time. As well as a way for Islam to gradually abolish the practice of slavery that has been entrenched and rooted in jahiliyyah Arab society. Meanwhile, according to Muhammad Syahrur's reinterpretation, it is more subjective, influenced by modern culture and civilisation, and does not carefully consider the historical meaning of the verse and the main message contained in the verse.
Nafkah Anak dalam Perkara Cerai Pasca Sema No. 4 Tahun 2016 Pada Pengadilan Agama Bangkinang Mardhotillah, Dayu Annisa; Johari, Johari; Wahidin, Wahidin
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8416

Abstract

The determination of child support rights in the Bangkinang Religious Court following the issuance of SEMA Number 4 of 2016, as well as to evaluate the implementation of child support determinations according to the theory of legal certainty. This study is a field research conducted at the Bangkinang Religious Court, where the author gathers concrete data and information through observations and interviews. The focus of this research is on the implementation of SEMA Number 4 of 2016, particularly regarding the authority of judges in determining child support post-divorce in the divorce lawsuit cases of 2023 at the Bangkinang Religious Court. This is crucial because there are several rulings that do not specifically stipulate the father's obligation to provide for his child. Judges should have the ex officio right to determine the nominal amount of child maintenance that must be borne by the father, in accordance with the provisions outlined in SEMA No. 4 of 2016. The lack of clarity regarding the father's obligation towards children after divorce has the potential to cause legal uncertainty in the fulfilment of child maintenance, which in turn can interfere with the welfare of children after divorce. Therefore, this study recommends that judges provide clearer decisions regarding the amount of child maintenance, while still considering the father's financial capacity. In addition, any regulations or procedures relating to the implementation of court administration need to be carefully considered, given their impact on the welfare of children after the decision.
Tinjauan Filsafat Hukum Islam dalam Pembagian Ahli Waris Pengganti Afrizal, Afrizal; Fauzan, Fauzan
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8535

Abstract

This research examines the main question regarding the validity of substitute heirs from the perspective of Islamic legal philosophy, which has sparked debates among scholars concerning the application of justice and welfare principles in inheritance. The background of this issue stems from the absence of explicit provisions regarding substitute heirs in the Qur'an and hadith, while this phenomenon frequently occurs in modern inheritance practices. The novelty of this research lies in the legal-philosophical approach that links the concepts of justice, welfare, and continuity in inheritance distribution, exploring the views of both classical and contemporary scholars. This study uses a literature review method with a normative and comparative approach, analyzing Sharia principles and interpretations by Islamic jurists regarding substitute heirs. The findings reveal that while the concept of substitute heirs is not explicitly mentioned in the Qur'an, some scholars allow its practice based on principles of justice, welfare, and societal needs. This reflects the flexibility of Islamic law in addressing social dynamics without compromising core Sharia principles. The conclusion emphasizes the importance of considering social context and welfare in the application of Islamic inheritance law, while adhering to the justice principles taught by Sharia.

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