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Nur Hakimah
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INDONESIA
Jurnal Hukum Islam dan Hukum Keluarga
Published by Institut Agama Islam Negeri Pontianak
ISSN : -     EISSN : 29887348     DOI : https://doi.org/10.24260/al-usroh
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Other
Al-Usroh is a Scientific journal in the field of Islami Family Law that published by Islamic Family Law Program Shariah Faculty State Institue Of Islamic Religious Pontianak. This journal countains the masterpiece of writers and reserches. This journal welcomes contribution from scholars and expert in releated disciplines, especially from Islamic Family Law Scholars. Al- Usroh is published twice a year in July and December. The focus of Al-Usroh is to provide a place for students to publish the original research of their undergraduate thesis. The scope is only on Islamic Family Law related to Islamic Family Law Department.
Arjuna Subject : Umum - Umum
Articles 84 Documents
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TINJAUAN MASLAHAH MURSALAH TERHADAP TRADISI UPACARA BESAMPU ANAK BARU LAHIR DI MASYARAKAT KANTU' SANGGAU Octaviani, Tri Indah; Bakar, Abu; Widiyawati, Ari
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.3399

Abstract

This study aims to: 1) explore the practice of the besampu ceremony tradition for newborns in the Kantu' Sanggau community; and 2) examine the maslahah mursalah related to the besampu ceremony tradition for newborns in the Kantu' Sanggau community. This research employed a qualitative method with a field study design. Primary data were collected through interviews, observations, and documentations. Secondary data were obtained from documents owned by the community members who performed the besampu tradition. Data collection methods included interviews, documentations, and observations. Data analysis techniques involved data reduction, data presentation, and conclusion formulation. Data validity was verified through member checks on all data and information. Based on the analysis, the researcher concluded that: 1) The besampu tradition is a ceremony involving the smoking of a child with a fragrant aroma, aiming for the child to have a better life. 2) The besampu tradition falls under the category of tahsiniyyah maslahah mursalah, as a complement that if not fulfilled, will not cause difficulties, but there is a traditional belief that gives rise to syncretism.
PERAN PENYULUH AGAMA HONORER DALAM MEMBENTUK KELUARGA SAKINAH MAJELIS TA'LIM NURUL JANNAH PEMATANG RAMBAI HULU DESA KUALA A, KUALA MANDOR B KUBU RAYA Setyningsih, Yuli; Zaman, Q
Al-Usroh Vol. 4 No. 2 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i2.3543

Abstract

This study aims to analyze: 1) The role of honorary religious counselors in fostering sakinah families in Kuala Mandor B District; 2) The methods and approaches used by religious counselors in their counseling programs; and 3) The impact of the role of honorary religious counselors on the quality of sakinah families. Using a qualitative research method with a case study approach, this research is a field study. Primary data were obtained through interviews with honorary religious counselors, members of the Majelis Ta'lim Nurul Jannah, and relevant KUA officials, while secondary data were sourced from documents and related literature. Data analysis was conducted through data reduction, presentation, and verification, with data validity ensured through triangulation. The research results indicate that: 1) Honorary religious counselors act as active preachers and guides in increasing religious understanding in the community; 2) The counseling programs conducted include training in interpersonal communication between couples and family financial management; 3) The role of religious counselors is significant in improving the quality of sakinah families, both for new families and long-standing ones, through strengthening aspects of worship and family foundation.
PENGALIHAN HAK KEPEMILIKAN HARTA PENINGGALAN OLEH AHLI WARIS SEBELUM DIBAGIKAN PERSPEKTIF HUKUM ISLAM DAN AKIBAT HUKUMNYA Kawakib, Kawakib
Al-Usroh Vol. 4 No. 2 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i2.3544

Abstract

The aim of this research is to discuss inheritance law issues and the legal consequences of Mr "A" who sold his parents' inheritance secretly without the knowledge of his family and other heirs. Meanwhile, "M" (mayyit) still has debts owed to other people. This method is to use normative jurisprudence. The technique in this research uses data collection techniques in the form of interviews and documentation. The data analysis technique in this research uses descriptive-analytical analysis, then described, analyzed and concluded. Based on the research results, the main factor in transferring rights to inherited assets unilaterally before being distributed by Mr. The sales money was not distributed, amounting to 1.5 billion. Meanwhile, the simayyit (parents) still have outstanding debts that their parents have not paid during their lifetime worth 500 million to other people. According to Islamic law, "A" violated the law because he controlled other people's property and rights and neglected the forest of his deceased family member (parent). In positive law Article 1320 of the Civil Code). Article 834 Civil Code. Article 1365 of the Civil Code, including controlling and causing harm to other people and including embezzlement of inheritance, is regulated in Articles 372–376 of the Criminal Code. Article 376 of the Criminal Code. In Article 385 paragraphs (1) and (6), acts of land grabbing are punishable by a maximum prison sentence of 4 years in prison or a maximum fine of nine hundred rupiah.
ANALISIS FIQIH MUNAKAHAT DAN HAK ASASI MANUSIA TERHADAP PERKAWINAN PAKSA Baidhawi, Qosim; Qomaruzzaman, Qomaruzzaman
Al-Usroh Vol. 4 No. 2 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i2.3547

Abstract

This study aims to examine the interaction between Islamic marriage jurisprudence (fiqih munakahat) and human rights (HR) in the context of forced marriage in Indonesia. Using a qualitative research method, this approach involves a literature review and analysis of legal documents. A literature review will be conducted to gather various sources related to fiqh munakahat, human rights, and the practice of forced marriage. With this approach, the study is expected to produce new insights that are useful in efforts to effectively address the issue of forced marriage in accordance with the values of Islamic law and human rights. The results of the study show that forced marriage contradicts the basic principles of fiqh munakahat which emphasize the willingness and consent of both spouses, as well as with human rights standards that uphold individual freedom. Although fiqh and positive law in Indonesia prohibit the practice of forced marriage, challenges in its implementation remain, including cultural factors and misinterpretations. Therefore, a multidimensional approach that integrates the values of fiqh, positive law, and human rights is needed to address this issue comprehensively.
PRAKTIK ADAT BERCIYAY DALAM PERNIKAHAN MASYARAKAT TANJUNG HARAPAN KECAMATAN ELLA HILIR KABUPATEN MELAWI PERSPEKTIF URF Syawaludin, Syawaludin; Haliah, Dahlia; Fadhil, Moh
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i1.1427

Abstract

This research aims to examine: 1) The procession of traditional berciyay in weddings among the people of Tanjung Harapan, Ella Hilir District, Melawi Regency; 2) The ‘urf perspective on the customary practice of berciyay within marriage traditions in the same community. This study employs qualitative research methods through field research, utilizing historical, sociological, and normative approaches to comprehensively analyze the phenomenon. Data sources consist of primary and secondary sources: primary sources include traditional leaders, religious leaders, and community figures; secondary sources encompass books, journals, and relevant scholarly articles. Data collection techniques involve in-depth interviews, direct observation, and documentation. Data analysis is conducted through data reduction, data presentation, and drawing conclusions. Based on the analysis, the researchers concluded that: 1) the implementation of traditional berciyay involves several ritual stages, namely: dudok sentetai (sitting parallel), betepas (sweeping), drinking water blessed with prayers for safety and protection from misfortune, ketupat lepas, nimok aik (bailing water), dismantling the flower garden, and throwing a complete set of the couple’s clothes accompanied by a water fight; 2) the practice of berciyay among the people of Tanjung Harapan falls under the category of al-urf al-khas (specific custom) as it is confined to a particular regional community, and it is also classified as urf fasid (corrupt custom) due to several harmful aspects in its implementation, including the use of unclean water such as ditch water, fermented durian (tempoyak), or oil-contaminated water, unrestricted mixing between non-mahram men and women, physical contact during the water fight, and the potential for physical injuries or conflicts.
UPACARA PANGANTEN DAYAK KANAYATN KABUPATEN LANDAK KECAMATAN MEMPAWAH HULU DALAM PERSPEKTIF AL-‘URF Pratama, Rizky; Marluwi, Marluwi; Wibowo, Arif
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i22.1448

Abstract

This study aims to examine: (1) Which marriage customs are still practiced by the Dayak Kanayatn tribe today, and (2) The Islamic legal perspective on the implementation of the Dayak Kanayatn wedding ceremony based on the concept of al-‘urf for Muslim adherents. This research employed a qualitative field research method, utilizing direct observation and in-depth interviews as primary data collection techniques. The primary data were obtained through documented interviews with key informants, including two traditional leaders and one religious figure, while secondary data were gathered from relevant books, articles, and scholarly sources. Data collection was conducted through interviews and documentation, and data validity was ensured through triangulation. The findings indicate that (1) The marriage customs currently practiced by the Dayak Kanayatn tribe are Picaraatn, Ngomok, and the Wedding Feast, each involving a picara (spokesperson) and a paraga tool used as a medium for prayer to Jubata (God); and (2) From the perspective of al-‘urf in Islamic jurisprudence, the practice of this wedding ceremony is considered contrary to Islamic teachings when performed by Muslims and is classified as ‘urf fasid (corrupt custom) due to elements of shirk (polytheism), the permissibility of prohibited acts (such as the slaughter of pork), and the risk of leading to fornication if conducted prior to a valid Islamic marriage contract. Consequently, the practice is deemed haram (forbidden) under Islamic law, as it contradicts core principles of tawhid and Sharia, despite certain elements like Picaraatn being individually permissible, since the entire ceremony is inseparable and embedded within practices that violate Islamic doctrine.
PRAKTIK ADAT PERNIKAHAN SALEP TARJHE MASYARAKAT MADURA DI KELURAHAN BATU LAYANG KECAMATAN PONTIANAK UTARA KOTA PONTIANAK PERSPEKTIF HUKUM ISLAM Amal, Amal; Marluwi, Marluwi; Wibowo, Arif
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i1.1755

Abstract

This study aims to uncover and clarify the actual practice of the customary marriage known as salep tarjhe, including the underlying philosophy and reasons for its prohibition, as well as its perspective from Islamic law within the Madurese community of Batu Layang. The research employs two main analytical frameworks: symbolic interactionist theory and Islamic law concerning marital issues. Using a sociological approach, this field research is supported by a literature review, with the author collecting primary data directly through interviews and documentation. The informants for this study include the couples involved, their parents, religious leaders, traditional elders, and the local community. The findings indicate that religious and community leaders in Batu Layang widely permit salep tarjhe marriages, asserting that they do not contradict Islamic sharia. The prohibition is found to stem from myths passed down through generations, such as beliefs that the marriage could lead to financial hardship, divorce, or infertility. This myth is classified as ‘urf fasid (corrupt custom) because it is inconsistent with Islamic principles. Conversely, some members of the general public still forbid this practice due to their belief in these myths. From an Islamic legal standpoint, the salep tarjhe marriage is deemed permissible (mubah) as there is no specific prohibition mentioned in the Quran, Hadith, or the views of codified fiqh scholars.
PATRIARKI DALAM PERSPEKTIF AGAMA ISLAM: Analisis Ayat-Ayat Al-Qur'an dan Hadis Berkaitan Dengan Gender dan Keadilan Akmal, Muhammad
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i1.4097

Abstract

This research aims to examine the position of religious texts, particularly verses of the Qur'an and Hadith, in the construction and coloring of the patriarchal culture of Muslim society dominantly over time. The purpose of this research is to explore how the verses of the Qur'an and Hadith are interpreted to support or confront patriarchal norms. The type of research applied is qualitative research with secondary data, using literature study instruments from journals or articles that support relevant Quranic verses and a comparative approach to Hadith. From this study, it turns out that many classical interpretations of Quranic verses reinforce gender hierarchy, where the social position of women is often marginalized in all areas of social life. On the other hand, interpretations of Hadith show a more complex dynamic, where some Hadith support gender equality while others reinforce the patriarchal structure. This research makes an important contribution to understanding the relationship between religion and social structure, particularly in the context of gender justice. These findings not only open new avenues for discussion on the reinterpretation of religious texts but also offer critical perspectives that can support efforts to create gender equality in Muslim societies.
TRADISI SENGKOLAN KANONG SEBELUM MELAHIRKAN PADA MASYARAKAT MELAYU DESA NANGA MAHAP DALAM KAJIAN URF Isnaini, Baihaqi; Bakar, Abu; Rahmiani , Nur
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i22.4217

Abstract

This research aims to examine and analyze the Sengkolan Kanong tradition carried out by the Malay community in Nanga Mahap Village, Sekadau Regency, from the perspective of 'urf. Using a qualitative method, this study applies a field research approach to collect primary data through in-depth interviews with practitioners, community leaders, and religious figures, as well as secondary data from literature review. The collected data were then analyzed through the stages of data compression, structured data presentation, and conclusion drawing. The results show that the Sengkolan Kanong tradition is a series of symbolic rituals involving the use of fresh flour and coconut leaves, accompanied by the recitation of Islamic prayers. This tradition has important cultural and spiritual values, and also serves to strengthen family relationships. From an 'urf perspective, this tradition can be categorized as 'urf shahih because most of its practices are in line with Islamic law, but there are some elements of local culture, such as khurafat (superstition) and exposed aurat, that need to be adjusted. This study concludes that the Sengkolan Kanong tradition has positive values and can be maintained, as long as aspects that conflict with Islamic law are continuously monitored and adjusted.
KAJIAN ‘URF TERHADAP ASPEK HUKUM ADAT TRADISI ANTAR PAKATAN DALAM PESTA PERNIKAHAN SUKU MELAYU SAMBAS DI DESA SEPADU Syarif, Muhammad; Bakar, Abu; Widiyawati, Ari
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i1.4248

Abstract

This research aims to examine: 1) The practice of the Antar Pakatan tradition in the wedding ceremonies of the Sambas Malay community in Sepadu Village, and 2) the ‘urf-based legal analysis of the custom of Antar Pakatan in the wedding ceremonies of the Sambas Malay community in Sepadu Village.The study employs a qualitative research method with field research and a normative-empirical approach. The data sources consist of primary and secondary sources: 1) primary sources include religious leaders, community members who marry off their children using the tradition, and other involved parties; 2) secondary sources include books, journals, and articles related to the study. Data collection techniques used are observation, interviews, and documentation. Data analysis applies the Miles and Huberman technique, which involves data reduction, data presentation, and drawing conclusions. Based on the analysis conducted, the researcher concludes that: 1) The Antar Pakatan tradition requires invitees to a wedding to bring one live chicken or poultry and a sack of rice as gifts for the hosting family. Besides serving as gifts, Antar Pakatan also helps alleviate the financial burden of wedding expenses. 2) The Antar Pakatan tradition can be categorized as ‘urf since it fulfills the requirements for customs or traditions to be recognized as ‘urf.  

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