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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 94 Documents
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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): Editions January-June 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): Editions January-June 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): Editions January-June 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): Editions January-June 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): Editions January-June 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): Editions July-December 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): Editions July-December 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): Editions July-December 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): Editions July-December 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.
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.

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