cover
Contact Name
Firduas Annas
Contact Email
rumahjurnal@uinbukittinggi.ac.id
Phone
+6285278566869
Journal Mail Official
firdaus@uinbukittinggi.ac.id
Editorial Address
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
Location
Kab. agam,
Sumatera barat
INDONESIA
USRATY : Journal of Islamic Family Law
ISSN : -     EISSN : 30267404     DOI : 10.30983/usraty
Core Subject : Social,
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
Search results for , issue "Vol. 3 No. 1 (2025): Editions January-June 2025" : 8 Documents clear
Gender Equality in the Political Reform of Islamic Family Law in Contemporary Muslim Countries Azhari, Doni; Asmuni, Asmuni
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.8721

Abstract

The reform of Islamic family law represents a complex political arena where religious doctrines, state authority, and civil society interests intersect in shaping gender norms. This study examines the political dynamics underlying Islamic family law reform across several Muslim-majority countries and its implications for gender equality. By analyzing case studies from the Middle East, South Asia, and Southeast Asia, the research highlights how the success of legal reform is influenced by the power of state actors, the role of religious scholars, international pressure, and the strength of women’s movements. In many contexts, family law remains one of the few legal domains where patriarchal norms are legally entrenched, despite constitutional commitments to human rights. Conversely, countries like Morocco and Tunisia illustrate that meaningful reforms are possible through strategic political engagement and strong alliances between state institutions and civil society organizations. These progressive reforms have led to greater protection of women’s rights in areas such as marriage, divorce, child custody, and inheritance. Nevertheless, reform efforts often face strong resistance from conservative groups who claim to defend the authenticity of Islam. This study concludes that Islamic family law reform is not merely a theological issue but a contested political struggle that shapes the trajectory of gender justice in contemporary Muslim societies. Therefore, reform strategies must be tailored to the socio-political context of each country, embracing a dynamic fiqh (Islamic jurisprudence) approach and ensuring the active participation of women in legislative processes.
Post-Divorce Mut’ah: The Reinforcement of Gender Hierarchies in the Practice of Religious Courts Rafiqa Izzati, Nida
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.8844

Abstract

This study investigates the role of post-divorce mut’ah (a form of consolatory gift from husband to wife) in reinforcing gender hierarchies within the religious court system in Indonesia. The primary aim is to explore how mut’ah is conceptualized, negotiated, and decided upon in courtrooms, and how this process reflects broader socio-religious power relations between men and women in post-divorce contexts. Employing a qualitative research method, this study is based on in-depth interviews with judges, divorced women, and legal advocates in three religious courts across Java and Sumatra. In addition, courtroom observations and analysis of case documents were conducted to understand how mut’ah claims are framed and adjudicated. The findings indicate that although mut’ah is formally recognized under Islamic legal doctrine and Indonesian religious court jurisprudence, its implementation remains inconsistent and highly gendered. Judges often interpret mut’ah as non-obligatory and discretionary, resulting in many divorced women being denied this right, especially in cases where the woman is perceived as “at fault.” The courtroom discourse often reaffirms patriarchal norms, positioning women as dependent and less entitled to post-divorce economic justice. The study concludes that rather than serving as a mechanism of gender equity or compensation, mut’ah in practice tends to reproduce gendered power imbalances. Academically, this research contributes to the fields of Islamic legal studies, gender and law, and socio-legal anthropology by highlighting how legal institutions mediate religious interpretations in ways that reinforce structural inequalities, particularly in the realm of family and marital dissolution in contemporary Muslim societies.
Legal Dynamics of Financial Responsibility and Marital Property in Marriage in Indonesia Rahmi, Rahmi; Jayusman, Jayusman; Azizah, Nur; Efrinaldi, Efrinaldi; Rahmawati, Rahmawati
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.8948

Abstract

This study explores the legal dynamics between financial responsibility and marital property in the context of marriage in Indonesia, with a specific focus on reconciling the normative gap between Islamic law and Indonesia’s national legal system. While Islamic law places full financial responsibility (nafaqah) on the husband, Indonesian civil law applies a gender-neutral approach by recognizing joint marital property acquired during marriage, regardless of who earned it. This normative legal research employs a qualitative approach using statutory, conceptual, and comparative analyses of both Islamic legal texts (Qur’an, Hadith, and classical fiqh) and national legal instruments such as the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The findings reveal a fundamental inconsistency: Islamic jurisprudence emphasizes the husband's economic duty, whereas civil law presumes equal ownership, potentially leading to legal ambiguity in divorce and inheritance cases. The study concludes that this dualism requires a contextual reinterpretation of the joint property regime that respects Islamic ethical values while adapting to modern socio-economic realities, including the increasing financial contributions of women. It is recommended that legal reforms recognize differentiated spousal roles without undermining gender justice. This research contributes academically by proposing an integrative legal framework that bridges the gap between normative Islamic obligations and the state’s egalitarian legal principles. Such a framework offers a more just, ethical, and socially relevant model for regulating financial responsibility and property rights in Muslim marriages within Indonesia’s plural legal system.
Integration of Scientific Literacy and Islamic Law in the Practice of in Vitro Fertilization (IVF) 'Azhim Al As'hal, Ajrun; Fauzi, Ahmad
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.8973

Abstract

The integration of scientific literacy and Islamic law in the practice of In Vitro Fertilization (IVF) represents a complex convergence between biomedical innovation and religious ethical norms. This study investigates how IVF procedures—widely practiced in modern medicine—can be understood, ethically evaluated, and religiously regulated through the lived experiences of Muslim patients and key stakeholders. The core issue explored is the tension between medical needs for reproductive technologies and Islamic legal concerns over lineage, marital legitimacy, and the prohibition of third-party donors. This research offers a novel approach by combining scientific literacy and Islamic jurisprudence within an empirical context. Adopting a qualitative field research design, the study was conducted in two major Indonesian cities and involved Muslim IVF patients, fertility specialists, and local Islamic scholars as key informants. Data were collected through in-depth interviews, observation, and analysis of relevant documents, including fatwas and clinical guidelines. The findings reveal that scientific understanding plays a vital role in shaping patients’ ethical decisions, while Islamic legal principles remain central in defining moral boundaries. This integrative perspective reframes IVF as a potentially permissible medical practice, provided it adheres to foundational Islamic norms. The study concludes that a field-based integrative approach offers a balanced ethical framework that respects both biomedical responsibility and religious observance.
Women's Rights in the Qur'an: A Semiotic Analysis of the Practice of Family Law in Indonesia Halwaini, Fiqi
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.9002

Abstract

This study examines how women's rights in the Qur'an are symbolically represented and how those meanings are interpreted and practiced within the framework of Islamic family law in Indonesia. Using a semiotic approach, particularly Roland Barthes’ theory of denotation and connotation, this research analyzes how selected Qur'anic verses are understood and operationalized in real-life legal and social contexts. The field research was conducted through in-depth interviews with Islamic family law judges, religious leaders, and female litigants in several religious courts in Indonesia. This approach allows the study to capture the gap between textual meanings and legal practices. The findings indicate that although the Qur'an provides a strong foundation for women's rights in areas such as inheritance, marriage, and social participation, the interpretation and implementation of these rights often vary based on cultural and institutional factors. Semiotic analysis reveals that symbolic meanings embedded in the Qur'anic text are frequently filtered through patriarchal lenses, resulting in interpretations that constrain women's legal agency. This study highlights the importance of recontextualizing Qur'anic messages in line with maqāṣid al-sharī‘ah (the higher objectives of Islamic law), emphasizing justice and equality. The research contributes to the broader discourse on gender and Islamic law by offering empirical insights into how textual meanings interact with lived realities. It calls for a critical yet constructive reinterpretation of the Qur'an that harmonizes ethical intent, legal application, and gender justice in Indonesia’s family law system.
The Religious Roles of Muslimah Influencers in the Construction of Contemporary Families Petriani, Deala Rosyida
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.9006

Abstract

This study aims to examine the social and religious roles of Muslimah influencers in shaping the values, norms, and behaviors of contemporary Muslim families, particularly within the context of rising digital religiosity and increasing reliance on social media as a source of life guidance. The central research question addresses how Muslimah influencers contribute to the construction of the ideal modern family among Muslim communities. The novelty of this study lies in its emphasis on gender-based religious authority in digital spaces—an aspect that remains underexplored in Islamic family discourse. Employing a qualitative approach through digital ethnography and content analysis of selected Muslimah influencers' platforms (YouTube, Instagram, and TikTok), this research explores how religious messages, lifestyle narratives, and visual representations serve as tools for disseminating models of piety, gender roles, and family ethics. The findings reveal that Muslimah influencers act as cultural agents who bridge traditional Islamic teachings with modern lifestyles and actively shape new family values through aspirational content that highlights simplicity, emotional sensitivity, and spiritual motherhood. In conclusion, these influencers play a significant role in popularizing new forms of religious authority and redefining the ideal Muslim family in the digital era. The academic contribution of this study lies in offering new insights into the relationship between gender, religious authority, and the transformation of family values within modern Muslim societies.
Surrogacy Practices in the Legal Dilemma of the Reproductive Technology Era in Indonesia Rina, Novia
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.9085

Abstract

This study aims to examine the legal dilemmas arising from surrogacy practices in the era of reproductive technology in Indonesia, focusing on how these practices unfold amid legal uncertainty and the complexity of social and religious values. This research uses a qualitative method with a field research approach, involving in-depth interviews with medical practitioners, legal experts, religious figures, and couples who have considered or engaged in surrogacy, as well as observations at several fertility clinics in urban areas. The findings reveal that surrogacy practices in Indonesia are carried out discreetly without a clear legal foundation, resulting in various issues such as the uncertain legal status of the child, the potential exploitation of women, and the absence of legal protection for all involved parties. The study also finds sharp differences in perspective among medical, legal, and religious sectors regarding the legitimacy and ethics of these practices. The conclusion of this study emphasizes that Indonesia urgently needs clear and comprehensive legal regulations to govern surrogacy practices in alignment with human rights principles and the moral values of society. The academic contribution of this research lies in its effort to provide an empirical overview of surrogacy practices in the field, and to offer concrete input for the formulation of reproductive legal policies in Indonesia that are more responsive to technological advancements and societal needs.
The Protection of Human Rights for Children and Women from the Houthi Insurgency Emier Azka, Mohammed; Iskandar, Muhammad Yusuf; Azyzy Amyrul Hafidz Hamam, Muhammad; Syahnur, Lutfiah; Syahriani, Fadilla
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): Editions January-June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.9669

Abstract

The ongoing Houthi insurgency in Yemen has led to severe humanitarian impacts, particularly affecting women and children as the most vulnerable groups. This research aims to examine the protection of human rights for women and children amidst continuous violations committed by the Houthi armed movement. Using a qualitative field research approach, the study is based on direct interviews with humanitarian workers, legal experts, and victims, supported by the analysis of human rights reports and international legal instruments. The findings reveal that despite the existence of frameworks such as the Convention on the Rights of the Child and CEDAW, protection remains ineffective due to political instability, the dominance of non-state actors, and limited access for humanitarian organizations. Key violations include child soldier recruitment, sexual violence, forced displacement, and denial of access to education and healthcare. The study concludes that stronger international monitoring mechanisms, targeted sanctions, and the integration of gender- and child-sensitive frameworks into Yemen’s peacebuilding agenda are urgently needed. This study contributes a field-based legal analysis of the systemic failures in protecting the rights of women and children in armed conflict, and emphasizes the importance of a more effective international legal response in the context of the dominance of non-state armed actors.

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