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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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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): 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.v2i2.8781

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): 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.v2i2.8798

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): 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.v2i2.8814

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): 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.v2i2.8834

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.
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.

Page 9 of 10 | Total Record : 94

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