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Nur Hakimah
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nur.hakimah0892@gmail.com
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+6285343677308
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alusroh@iainptk.ac.id
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Address: Jl. Letjend Suprapto No. 19 Pontianak, Kalimantan Barat 78122
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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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NILAI-NILAI ‘URF DALAM TRADISI BHEN GHIBEN PADA PERKAWINAN MASYARAKAT MADURA DI KELURAHAN SIANTAN TENGAH Faizah, Amelia; Ardiansyah, Ardiansyah; Zaman, Q.
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.v5i1.4515

Abstract

This study aims to thoroughly examine the practice of the Bhen Ghiben tradition in marriages among the Madurese community in Siantan Tengah Village, as well as to analyze the embedded 'urf values as part of a local culture that is still preserved to this day. The research was conducted using a qualitative-descriptive approach through field research methods, where primary data were obtained from in-depth interviews with community leaders and cultural practitioners, while secondary data were collected from literature reviews related to the Bhen Ghiben tradition and the concept of 'urf in Islamic law. Data collection techniques included interviews and documentation, while data analysis employed an interactive model encompassing data reduction, data presentation, verification, and conclusion drawing. The results show that the implementation of Bhen Ghiben begins two to three months before the wedding, initiated by a deliberation between families to determine items such as household furniture, clothing, and traditional food. On the wedding day, these items are symbolically handed over by the groom's family to the bride's family. This tradition is not merely a customary obligation, but also contains strong 'urf values, including responsibility, mutual cooperation, mutual respect, and benefit, which together strengthen the social, cultural, and normative structures within the Madurese community of Siantan Tengah.
ANALISIS UNDANG-UNDANG NO. 1 TAHUN 1974 PASAL 31 AYAT 3 TERHADAP KESETARAAN GENDER DALAM KONTEKS PERUBAHAN SOSIAL KONTEMPORER Nur Faizah, Ufi’atun; Muthoharoh, Siti Lulun; Shofiyah, Roidatus
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.v5i1.4628

Abstract

Article 31 Paragraph 3 of Law Number 1 of 1974 on Marriage, which states that "the husband is the head of the family and the wife is a housewife," raises concerns regarding gender equality and contemporary social dynamics. This provision is considered to reflect a patriarchal legal construction that fails to respond to the evolving gender roles in modern society, where women also actively contribute as breadwinners and decision-makers within the family. This study aims to analyze the relevance of Article 31 Paragraph 3 through a normative, contextual, and inclusive juridical approach. The findings indicate that this provision has the potential to perpetuate gender discrimination and contradicts the principles of justice enshrined in the 1945 Constitution of Indonesia as well as the CEDAW Convention, which has been ratified by Indonesia. Therefore, a reinterpretation of Article 31 Paragraph 3 is necessary to ensure it aligns with contemporary values of equality and current social realities. Reformulating this provision is essential to establish an inclusive and just family law system that keeps pace with societal developments.
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM PADA PERKARA HARTA BERSAMA AKIBAT PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN (PERKARA NOMOR 1726/PDT.G/2020/PA.BKS.) Alivia, Siti; Suprihatin, Suprihatin; Amin Ash Shabah, Musyaffa; Supriyanto, Agus
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.v5i1.4716

Abstract

The phenomenon of joint property disputes resulting from divorce occurred in the decision of the Bekasi Religious Court judge in case number 1726/Pdt.G/2020/PA.Bks, in this decision the panel of judges divided joint property outside the provisions stipulated by Article 97 of the Compilation of Islamic Law, where in the decision The division is 1/3 for the Plaintiff (ex-husband) and 2/3 for the Defendant (ex-wife). So this research aims to find out the legal basis for the judge's council's considerations in deciding cases and find out the relevance of decision number 1726/Pdt.G/2020/PA.Bks to the Compilation of Islamic Law and the Marriage Law. This research uses a qualitative research method, namely a descriptive analysis research method with a normative juridical research approach at the level of a statutory approach and a judge's decision approach. And decision number 1726/Pdt.G/2020/PA.Bks as the primary data source used in this research. The results of this research show that the panel of judges decided on the division of joint assets in the amount of 1/3 for the Plaintiff and 2/3 for the Defendant.  The division was carried out by the panel of judges based on considerations and several pieces of evidence which showed that the Defendant (ex-wife) contributed more to the collection of joint assets from the results of his work, while the Plaintiff (ex-husband) admitted that his income was indeed small. The panel of judges did not use article 97 of the Compilation of Islamic Law in its decision which states that the distribution of joint assets is ½ for each party, the ex-husband and ex-wife. In this case the judge deemed it fair to determine the division of joint assets with 1/3 share for the Plaintiff (ex-husband) and 2/3 share for the Defendant (ex-wife). This judge's decision is in accordance with Satjipto Raharjo's progressive legal theory.
IMPLEMENTASI KONSEP HUKUM HADLANAH DALAM PENGASUHAN ANAK ANGKAT (Tabanni): (Studi Kasus di Desa Pabuaran, Kecamatan Pabuaran, Kabupaten Subang) Ramdhani, Muhammad Ally; Gussevi, Sofia; Tadjudin , Azi Ahmad
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.v5i1.4836

Abstract

This research examines the implementation of the hadlanah concept within the practice of adopted child upbringing (tabanni) by two families in Pabuaran Village, Pabuaran District, Subang Regency. Hadlanah, as a concept of child-rearing in Islamic law, possesses distinct characteristics, particularly in the context of adopted children born out of wedlock. This study analyzes the issue from both Islamic law and positive law perspectives, involving interviews with adoptive families, religious leaders, and community figures. The findings indicate that both families harbored good intentions in caring for the children but lacked a complete understanding of the boundaries of hadlanah, including aspects related to nasab (lineage), aurat (intimate parts), mahram (unmarriageable kin), and inheritance rights. The research also found that knowledge regarding the rights and obligations between biological parents, adoptive parents, and the child remained weak, both under religious and state law. A synergy between understanding Islamic law and national law is crucial to ensure the best protection for the child.

Page 9 of 9 | Total Record : 84

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