cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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 106 Documents
 7   8   9   10   11 
When Courts Permit Child Marriage: Judicial Discretion and the Limits of Child Protection in Indonesia Yasniwati Yasniwati; Devianty Fitri; Melia Rosa; Desri Yanri; Arif Hardianto
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11285

Abstract

This study examines the effectiveness of marriage dispensation adjudication in protecting children’s rights following the enactment of Supreme Court Regulation (PERMA) No. 5 of 2019. Although Law No. 16 of 2019 raised the minimum marriage age to 19 years for both men and women, marriage dispensation applications remain prevalent, raising concerns about the consistency of child protection in judicial practice. This study analyzes how PERMA No. 5 of 2019 is implemented in marriage dispensation decisions and evaluates the extent to which the principle of the best interests of the child is incorporated into judicial reasoning. Using normative legal research with statutory and conceptual approaches, the study analyzes primary, secondary, and tertiary legal materials through qualitative descriptive-analytical methods and legal interpretation. The analysis indicates that PERMA No. 5 of 2019 strengthens judicial scrutiny by requiring greater consideration of children’s welfare, but its effectiveness remains constrained by social, economic, educational, and cultural circumstances. Premarital pregnancy, economic hardship, limited educational opportunities, and social norms that normalize early marriage continue to influence judicial considerations and dispensation applications. These conditions create a gap between normative child protection standards and their practical implementation. This study contributes to the discourse on judicial discretion by emphasizing the need for consistent child-centered interpretation, stricter assessment of urgent circumstances, and stronger preventive policies addressing the structural factors underlying child marriage.
From Traditional to Progressive Islamic Family Law: Lessons from Muhammadiyah and Aisyiyah Samson Fajar; Muhammad Nur; Dian Ayuwita; Hamdan Habibullah; Faris al-Badr Muhammad
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11398

Abstract

This article examines the transformation of Islamic family law from traditional, role-centered prescriptions toward a progressive and socio-legally responsive framework through the experiences of Muhammadiyah and Aisyiyah. The study employs a qualitative socio-legal approach combining an integrative literature review, six primary Muhammadiyah-Aisyiyah documents, peer-reviewed scholarship, official Indonesian data, and field research through interviews with Muhammadiyah-Aisyiyah members and family practitioners. Qualitative content analysis and source triangulation were used to compare institutional norms, scholarly interpretations, empirical evidence, and lived family experiences. The findings reveal three patterns. First, Muhammadiyah-Aisyiyah family discourse has shifted from traditional role-centered prescriptions toward a relational ethic grounded in reciprocity, dignity, deliberation, protection, and shared responsibility. Second, this normative transformation remains unevenly reflected in family practices, creating normative, relational, implementation, and protection-enforcement gaps. Third, the findings support a Progressive Socio-Legal Islamic Family Law framework in which socio-legal analysis identifies lived family problems, maqasid al-usrah provides evaluative criteria, manhaj tarjīḥ facilitates context-responsive Islamic legal reasoning, and gender responsiveness assesses the distributive effects of interpretation. The study concludes that moving from traditional to progressive Islamic family law requires integrating Islamic normative foundations with changing social realities. Its main contribution is a feedback-loop model connecting social evidence, Islamic legal reasoning, and transformative reform, demonstrating how Muhammadiyah and Aisyiyah provide lessons for developing progressive Islamic family law.
Prostitution Under the Guise of Religion: The Exploitation of Marginalized Women Through Temporary Marriage Doni Prananda; Maghfirah Maghfirah; Habiburrahman Rizapoor; Juliani Syafitri
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11415

Abstract

This study aims to examine the exploitation of marginalized women through temporary marriage practices conducted under the guise of religious legitimacy and to analyze how such practices may reproduce forms of disguised prostitution. The study employs qualitative normative legal research with a socio-legal perspective, integrating Islamic family law analysis with gender and social vulnerability perspectives. The data consist of Islamic legal literature, scholarly publications, legal materials, and documented cases concerning temporary marriage, women’s marginalization, and religiously framed sexual exploitation. The findings reveal that temporary marriage can become an instrument of exploitation when religious claims are used to legitimize relationships characterized by economic transactions, unequal bargaining power, and temporary sexual access. Marginalized women are particularly vulnerable because economic hardship, limited social protection, and structural inequality can constrain their ability to exercise meaningful consent. The findings also demonstrate that formal religious justification does not necessarily ensure substantive justice, particularly when marriage arrangements result in economic dependency, abandonment, stigma, or the denial of women’s rights and dignity. The study concludes that temporary marriage practices involving marginalized women should be assessed not solely through formal notions of religious or contractual validity but also through justice, meaningful consent, human dignity, and protection from exploitation. Academically, this study contributes to Islamic family law scholarship by introducing a socio-legal and gender-sensitive framework for examining how religious legitimacy can intersect with structural vulnerability and transform temporary marriage into a mechanism of exploitation.
Assessing Criminal Protection of Marital Integrity in Indonesia: A Socio-Legal Analysis of Court Decisions Vivi Ariyanti; Bani Syarif Maula; Wardah Nuroniyah; Najhan Parluhutan Harahap
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11400

Abstract

This study aims to assess how Indonesian courts interpret and enforce criminal provisions concerning marriage-related offences and their role in protecting marital integrity and the rights of lawful spouses. Using a qualitative socio-legal approach, the study examines seven Indonesian district court decisions issued between 2021 and 2025. Data were collected through systematic document analysis and analyzed using qualitative content analysis and comparative case analysis, focusing on marital status, evidentiary basis, judicial reasoning, criminal liability, and sentencing. The results indicate that bigamy and unlawful remarriage constitute the dominant offences in the cases examined, while adultery involving married persons appears less frequently. A valid prior marriage consistently serves as the central basis for establishing criminal liability, with marriage certificates, registration records, and related administrative documents functioning as the principal evidence of marital status. Judicial reasoning demonstrates that criminal liability is shaped not only by the existence of a prior marriage but also by considerations of intent, deception, evidentiary circumstances, and the consequences of the offence for marital and family relationships. Variations in sentencing further reflect differences in the circumstances and impacts of individual cases. The study concludes that criminal law provides an important institutional mechanism for protecting marital integrity, legal certainty, and the rights of lawful spouses, but criminal sanctions alone cannot ensure comprehensive family protection. This study contributes a socio-legal perspective by demonstrating how judicial enforcement of marriage-related offences supports the legal protection of marriage and highlighting the need for an integrated framework combining criminal law, family law, marriage registration, and preventive mechanisms.
Resilient Future: Family Financial Resilience as a Crime Prevention Strategy in Sungai Penuh, Indonesia Diko Bemiyardi; Jafar Ahmad; Widiya Yul; Repelita Repelita; Waebueraheng Waehayee
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11584

Abstract

This study examines family financial resilience as a crime prevention strategy from the perspective of Islamic family law, focusing on Koto Baru and Hamparan Rawang Districts in Sungai Penuh, Indonesia. Using a qualitative case-study design, the research integrates Islamic family law, family resilience theory, and criminological perspectives on crime prevention. Data were collected through in-depth interviews with a family head, religious leader, village official, and community police officer (Bhabinkamtibmas), supported by field observations and documentary analysis. The findings show that financial resilience strengthens family stability and the capacity to manage domestic pressures. Economic instability emerged as the most persistent source of family pressure, affecting household organization, decision-making, and conflict management. Families with limited financial capacity were more vulnerable to prolonged conflict and required stronger religious and community support. Religious leaders and community police officers prioritized non-penal interventions through religious guidance, mediation, and family assistance before formal legal measures. The findings indicate that religious commitment alone is insufficient to prevent family conflict without adequate financial and social capacity. The study concludes that family financial resilience can function as a preventive mechanism when reinforced by religious guidance, community mediation, and responsive community policing. The study contributes a transdisciplinary framework linking family financial resilience, Islamic family law, and crime prevention, with implications for family empowerment, religious counseling, and community-based crime prevention.
How Can Radhaʿah Be Reconstructed Through Maqasid for Lactation Justice Among Muslim Working Mothers? Asfar Hamidi Siregar; Ilyas Husti; Febriyeni Febriyeni; Nisaul Khairiyah; Ade Idra Suhara; Ahmad Suryadi
USRATY : Journal of Islamic Family Law Vol. 4 No. 2 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i2.11601

Abstract

This study aims to reconstruct radhaʿah as a maqāṣid-based framework of lactation justice for Muslim working mothers without altering its settled doctrinal consequences. It combines normative Islamic legal analysis of Qurʾanic verses, hadith, classical fiqh, and maqāṣid scholarship with an integrative review of workplace lactation and care literature. Four targeted Scopus searches yielded 1,051 unique records after deduplication. Appraisal retained 54 journal articles; seven additional works identified through backward citation tracing and purposive supplementation brought the contemporary corpus to 61 articles. The analysis shows that radhaʿah scholarship treats the establishment and documentation of milk kinship in considerable detail, whereas workplace studies identify recurrent vulnerabilities involving time, privacy, workload, usable facilities, organizational culture, and employment protection. Islamic family law also recognizes a distributive logic through paternal maintenance, prevention of harm, mutual consultation, and ujrah al-radhāʿah, but these obligations are rarely connected to the responsibilities of workplaces and public institutions. The study concludes that the protective reasoning of radhaʿah can extend to the conditions of lactation without altering the established rules of milk kinship. Its contribution is a maqāṣid-based framework of lactation justice that joins milk-kinship certainty with child and maternal protection, bodily dignity, economic security, and differentiated institutional responsibility. This framework clarifies that lactation justice is not a departure from classical doctrine, but a contextual extension of its protective objectives, requiring coordinated support from families, employers, and public institutions while preserving doctrinal certainty concerning milk kinship and its legal effects clearly.

Page 11 of 11 | Total Record : 106

 7   8   9   10   11 

Filter by Year

2023 2026


Reset
Filter By Issues
All Issue Vol. 4 No. 2 (2026): USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law Vol. 3 No. 2 (2025): USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Desember 2024 Vol. 2 No. 1 (2024): Juni 2024 Vol. 2 No. 2 (2024): USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): USRATY : Journal of Islamic Family Law Vol 1, No 2 (2023): Desember 2023 Vol. 1 No. 2 (2023): Desember 2023 Vol. 1 No. 1 (2023): Juni 2023 Vol 1, No 1 (2023): Juni 2023 Vol. 1 No. 2 (2023): USRATY : Journal of Islamic Family Law Vol. 1 No. 1 (2023): USRATY : Journal of Islamic Family Law More Issue