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Firduas Annas
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Data Center Building, 2nd floor, State Islamic University of Sjech M. Djamil Djambek Bukittinggi. Gurun Aua St, Kubang Putih, Banuhampu, Agam - West Sumatra - Indonesia Tel. 0752 33136 | Fax 0752 22871
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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. 2 (2024): Desember 2024" : 8 Documents clear
Deduaian Tradition in Lampung Saibatin Traditional Marriage in Review of Islamic Law Saraswati, Annisa
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8688

Abstract

This research aims to analyze the practice of the deduaan tradition in traditional Lampung Saibatin marriages in Bandar Lampung City and to analyze the Islamic legal review of the practice of the deduaan tradition in traditional Lampung Saibatin marriages in Bandar Lampung City. This study employs a qualitative method with a descriptive-analytical approach through field research, analyzing data directly from the research site. The results of the research show that the practice of deduaan before the marriage in Bandar Lampung City first requires an agreement/permission to be made by the family who has the intention and asks permission from the inner traditional leaders. Second, notification to the entire community, traditional leaders, religious and government leaders door to door. Kegita, the implementation of the deduaan is carried out in the afternoon in Batanghari accompanied by the ladies/bodyguards called the Mena Tribe, Dukhi Tribe, Kanan Tribe and Kikhi Tribe, after completion the bride and groom are made up again and wear traditional clothes, then on the way to the wedding house they are paraded. wine. The deduaian tradition in Islam is grouped into authentic customs or urf, namely customs that are repeatedly carried out and accepted by many people. This research contributes to providing the people of Lampung with information about the deduaian process through stories and traditional ceremonies, ensuring the preservation of their traditions. It also emphasizes the importance of safeguarding cultural heritage and promotes cross-cultural understanding at a global level.
Considerations for the Formulation of Fiqh Munakahat Reason and Criminal Law on Polygamy Sirri Practices in Indonesia Rohman, Moh. Mujibur; Basuki, Aziz
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8693

Abstract

Polygamy in Islam is legal with the condition that it must be fair. In practice, justice is rarely realised. This is what makes the state take a preventive stance by obtaining permission from the first wife. The difficulty of obtaining permission makes sirri polygamy a practice under the pretext of religious syi'ar, even though the danger is the neglect of women and their offspring. This research is a normative research with a statutory approach, analytical approach and conceptual approach which is then reduced, displayed and drawn conclusions on the data obtained. The results of the study state that administratively the perpetrators of nikah sirri are criticised by religion, because in the Islamic concept marriage must be carried out openly (i'lan al-nikah) and administratively the state of marriage must be carried out at the marriage registrar, both at the Dukcapil and at the KUA. Meanwhile, the sanction for those who commit polygamy sirri or underhand is imprisonment for a maximum of six years or punishment in the form of compensation or a fine of Rp. 200,000,000 (two hundred million rupiah), this refers to article 126 of Law No. 1 of 2023 concerning the Criminal Code (KUHP). This research is expected to be a reference for policy makers in formulating regulations that are more comprehensive and effective in overcoming the problem of sirri polygamy, as well as for legal practitioners in providing legal assistance for victims.
The Phenomenon of Lifelong Singles in Indonesia: An Islamic Law and Psychological Health Study Hadi , Bagus Kusumo; A’dawiyah , Robi’atin; Zaelani , Abdul Qodir; Na'im, Arroyan; Azizah, Asyifa Nur
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8704

Abstract

The phenomenon of singlehood or remaining unmarried often sparks debates within society, addressing aspects of religion, psychology, and health. The decision not to marry is often viewed as deviating from social norms and generates negative stigma, leading to various issues related to acceptance and its impact on individuals. This study employs a descriptive qualitative method to examine this phenomenon from multiple perspectives. Islamic law provides flexibility for individuals to remain unmarried, as long as the decision is based on the intention of piety and worship. Prominent scholars such as Imam Shafi'i and Imam Nawawi assert that living without a spouse is permissible, as long as it remains oriented towards spiritual goals. From a psychological standpoint, the choice to remain unmarried is influenced by factors such as family dynamics, views on independence, and life experiences. This decision may offer benefits, such as career development and personal freedom, but it can also present challenges in the form of social pressure and the risk of loneliness. From a health perspective, marital status is closely linked to both physical and mental well-being. Unmarried individuals tend to face a higher risk of mental health issues, such as depression and anxiety, yet they are also spared from marital conflicts that may negatively affect psychological well-being. This study concludes that the choice of singlehood can be understood from various viewpoints, while considering the individual’s circumstances, intentions, and needs. The contribution of this research is to provide a multidimensional insight into singlehood, which can serve as a reference for policymakers, health practitioners, and society in supporting individuals who choose this path wisely and with respect.
The Position of Women Witnesses in Islamic Law: An Analysis of Women's Contribution to the Judicial Process in Indonesia Syahriani, Fadilla; Auliya, Navisa Latifa
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8708

Abstract

This study comprehensively examines the position of female witnesses in Islamic law, focusing on the scholarly debates regarding the acceptance or rejection of female testimony, particularly in cases related to criminal law (hudud). Using a qualitative approach, this study analyzes the theoretical and legal foundations that underpin the role of female witnesses and evaluates their application in Indonesia's modern judicial system. The main sources of this research include classical texts of Islamic law, the views of scholars, and applicable positive legal regulations. This research is conducted as a library study, drawing from classical texts of Islamic law, scholarly views, and relevant positive legal regulations. The findings reveal differing interpretations regarding women's testimony, with some classical scholars placing less weight on it compared to men, while contemporary perspectives tend to be more inclusive, aligning with principles of justice and equality.The results show that, although challenges remain in implementation, the role of female witnesses is increasingly recognised and accepted in the Indonesian judiciary, especially in cases that require a female perspective. The main contribution of this research is to provide insights that strengthen the discussion on gender justice in Islamic law, while offering recommendations to optimise women's participation in the legal process. These recommendations include strengthening policies that ensure witness equality based on the principles of maqasid al-shariah (the objectives of sharia) and applying norms that are more contextualised to social realities in Indonesia. As such, this research contributes to the development of a more just and inclusive justice system, capable of addressing contemporary legal and social challenges.
The Formal Validity of Children's Status Reviewed in Terms of Maslahah Mursalah Zahra, Nabila Inita; Yenti, Endri
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8781

Abstract

Children born from sirri marriages still have the right to receive state administrative services and be recognized as citizens without requiring verification of their parents' marital status, as stipulated in Article 4 paragraph (2) of the Ministry of Home Affairs Regulation Number 9 of 2016. Therefore, it is important to assess the validity of Article 4 paragraph (2) through the perspective of maslahah mursalah. This study aims to analyze the validity of this provision in light of the principles of maslahah mursalah in Islamic law, using a field study approach. The research was conducted in a specific region, involving key informants, including state administrative officials, couples in sirri marriages, and religious leaders. Data collection methods included in-depth interviews, observation, and documentation. The results show that the implementation of Article 4 paragraph (2) provides a real solution for couples unable to fulfill the requirements for isbat nikah. This policy not only facilitates administrative services for children born from sirri marriages but also aligns with Islamic law's goal of achieving maslahah, particularly in protecting the rights of children. This research contributes significantly by examining the legal validity of sirri marriages from the perspective of maslahah mursalah and offering recommendations for regulatory reform to accommodate the rights of children born from sirri marriages in a fair and just manner according to Islamic legal principles.
Inheritance Disputes Over Assets Still Under Debt Collateral Status from an Islamic Law Perspective Januaris, Fadli; Adriaman, Mahlil
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8798

Abstract

Inheritance disputes involving assets under debt collateral status present unique challenges in the context of Islamic law, where debt repayment takes precedence over the distribution of inheritance. In Islamic banking, assets pledged as collateral (marhun) are considered the debtor's property but remain under the creditor's claim until the associated debt is fully paid. This creates legal and ethical complexities when the debtor passes away, as the heirs' right to inheritance may conflict with the creditor's right to the pledged asset. This study examines these disputes from an Islamic law perspective, focusing on the balance between fulfilling financial obligations and ensuring justice for heirs. The research analyzes relevant principles in Islamic inheritance law, including the prioritization of debt repayment and the distribution of remaining assets to heirs. It also evaluates the regulatory framework of Islamic banking, which often introduces contractual obligations affecting inheritance claims. Case studies are used to illustrate practical scenarios and highlight potential conflicts between creditors and heirs. The findings reveal that the resolution of such disputes requires a harmonization of traditional Islamic jurisprudence with contemporary banking practices. Proposed solutions include transparent debt documentation, equitable mechanisms for settling debts from the estate, and clear guidelines for managing collateralized assets in inheritance cases. By addressing these issues, this study contributes to the development of legal frameworks that uphold sharia principles, ensuring justice and fairness for all parties while maintaining the integrity of financial transactions and inheritance systems.
Exploring Mother-in-Law and Daughter-in-Law Conflicts in Contemporary Family Structures Annisa, Qori; Ahmad, Amala Bilqis; Al-Faidah, Ashimatul Wahdah
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8814

Abstract

Conflicts between mothers-in-law and daughters-in-law are common phenomena in family dynamics, especially within the context of increasingly diverse and complex contemporary family structures. This study aims to explore the factors influencing conflicts between mothers-in-law and daughters-in-law and how such conflicts can be managed in family relationships today. Using a qualitative approach, this research gathers data through in-depth interviews and observations of families experiencing conflicts in mother-in-law and daughter-in-law relationships. The findings show that various factors, such as differences in values and expectations between mothers-in-law and daughters-in-law, gender roles still influenced by traditional norms, as well as social and economic pressures, play a significant role in triggering conflicts. Furthermore, ineffective communication and a lack of understanding of each other’s roles within the family also contribute to exacerbating the situation. The study also found that there are differences in how mothers-in-law and daughters-in-law handle conflicts, depending on their educational background, culture, and age. To address these conflicts, it is important to build open communication and mutual understanding, as well as prioritize empathy among family members. This study suggests the need for a more inclusive and socially sensitive approach in order to create harmonious relationships between mothers-in-law and daughters-in-law, and emphasizes the importance of family education that can help manage intergenerational conflicts in the modern era.
Minangkabau Customary Marriage Traditions: Integration of Custom and Sharia Principles in the Perspective of Islamic Law Alhkarni, Awis; Yuriska, Novia
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8834

Abstract

This study examines the integration of Minangkabau customary marriage traditions and Islamic law, focusing on how both systems coexist and influence marital practices within the Minangkabau community. Minangkabau society is characterized by a unique matrilineal system, where family lineage and property are passed through the mother’s side, which sometimes conflicts with the patriarchal principles found in Islamic law. The research explores how religious leaders (ulama) and adat authorities navigate these differences, seeking a balance that respects both cultural traditions and Islamic teachings. By analyzing the roles of women, gender dynamics, and family responsibilities in Minangkabau marriages, the study assesses the impact of integrating these two legal systems on societal expectations, marital roles, and the protection of individual rights. Additionally, the study examines the social implications of combining adat and sharia, particularly in terms of gender equality, inheritance, and family leadership. The findings suggest that while challenges exist, the collaboration between Islamic and customary laws can lead to a more inclusive understanding of marriage, where both traditions are respected. This research provides recommendations for legal reforms, educational initiatives, and policy changes to facilitate a more harmonious integration of adat and sharia, while preserving the cultural heritage of the Minangkabau people.

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