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 47 Documents
 1   2   3   4   5 
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.
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.

Page 3 of 5 | Total Record : 47

 1   2   3   4   5 

Filter by Year

2023 2024


Reset
Filter By Issues
All Issue Vol. 2 No. 2 (2024): Desember 2024 Vol. 2 No. 1 (2024): Juni 2024 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