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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 91 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.
PENETAPAN UANG PANAI BERDASARKAN MUSYAWARAH PADA MASYARAKAT BUGIS DI KELURAHAN SAIGON, KOTA PONTIANAK Putri Irda Ardha; Hasan, Muhammad; Wahyuni, Dwita
Al-Usroh Vol. 5 No. 2 (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/al-usroh.v5i2.5039

Abstract

This research aims to: 1) investigate the determination of uang panai among the Bugis nobility in Saigon Sub-District, East Pontianak; 2) analyze the determination of uang panai among the non-noble class in the same location; and 3) explore the application of the deliberation principle in the determination process.The study employs a qualitative approach with a descriptive-analytical field research design.Primary data were collected through in-depth interviews and documentation with customary leaders, religious figures, and members of the Bugis community from both social strata.Secondary data were sourced from relevant academic literature.Data were analyzed thematically to identify patterns and meanings behind the existing practices.The results indicate that among 1).the nobility, uang panai is determined based on lineage, noble titles, and educational level, with values that can reach hundreds of millions of rupiah as a symbol of honor and social responsibility.2).among the non-noble class, the determination of uang panai is more flexible, adapting to economic conditions and emphasizing the appreciation of the groom's education and seriousness.3).The principle of deliberation is found to play a crucial role in both strata as a mechanism for reaching a mutual agreement without coercion, albeit influenced differently by social status factors.These findings contribute to the discourse on harmonizing customary law, Islamic values, and social reality within a pluralistic society.
ASPEK HUKUM DALAM TRADISI BEREMBO’ PADA KELUARGA MEMPELAI PRIA KETURUNAN BUGIS MELAYU DI PONTIANAK PADA MALAM SEBELUM PERNIKAHAN Dhiya 'Ulhaq, Hafizd Asyqar; Marluwi, Marluwi; Pulungan , Ishar
Al-Usroh Vol. 5 No. 2 (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/al-usroh.v5i2.5156

Abstract

This article examines the berembo’ tradition within the Bugis-Malay community of Pontianak as a complex socio-religious phenomenon. Practiced on the night before the marriage contract, this ritual is often perceived as a customary necessity, even believed to affect the perfection (afdhal) of the wedding. This raises a fundamental question regarding its legal position within the framework of Islamic law, given that it is not part of the pillars or conditions of marriage. This research has three main objectives: (1) to describe the procession and socio-cultural meanings of the berembo’ tradition; (2) to analyze the community's perception of the consequences if this tradition is neglected; and (3) to examine the tradition's legitimacy through the lens of the theory of ‘urf (recognized custom) in Islamic jurisprudence. This study employs a qualitative method with descriptive-empirical and normative approaches. Data were collected through participatory observation, in-depth interviews with five practitioners of the tradition and one customary leader, and documentary study. Data analysis followed the interactive model of Miles and Huberman through the stages of reduction, display, and verification. The findings reveal that berembo’ functions as a mechanism for the groom's mental, spiritual, and social preparation, as well as a space for consolidating family and religious values through advice and prayers from elders. From an Islamic law perspective, this tradition is categorized as ‘urf shahih (valid custom) as it contains no elements of polytheism (shirk), heresy (bid’ah), or contradiction with sharia principles. Thus, this research argues that berembo’ represents a form of living law that harmonizes local cultural values and religious norms, justifying its preservation as long as it is not claimed as a religious obligation. This article contributes to the discourse on juridical harmonization in pluralistic societies by offering an integrative analytical framework between legal anthropology and fiqh.
TRADISI MANGAIN SEBELUM PERNIKAHAN PADA MASYARAKAT BATAK TOBA (Studi Kasus Di Desa Sungai Jaman, Kecamatan Tayan Hilir, Kabupaten Sanggau) Tambunan, Hamid Ariansyah; Marluwi, Marluwi; Pulungan, Ishar
Al-Usroh Vol. 5 No. 2 (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/al-usroh.v5i2.5157

Abstract

The tradition of Mangain (raising children), also means accepting someone foreign (not of the Batak tribe) to be like our own biological children by bearing a clan according to the Mangain clan. This research aims to find out: The procession of implementing the mangain custom before marriage in the Toba Batak community in Sungai Jaman Village, Tayan Hilir District, Sanggau Regency and Analysis of the implementation of the mangain tradition before marriage among the Batak Toba community in Sungai Jaman Village, Tayan Hilir Subdistrict, Sanggau Regency.This study uses a qualitative approach with descriptive and juridical-empirical methods. Data collection techniques were carried out through in-depth interviews with informants who were raja parhata (program guides) and several Toba Batak communities, as well as through documentation studies. Data were analyzed through data reduction, data presentation, verification, and conclusion drawing. Data validity was obtained through member check techniques by involving informants in validating data results. Based on the analysis conducted, the researcher concluded that: 1) the mangain tradition has several stages, namely: manghatai dohot par hula-hula (telling and asking the wife's family), pasada tahi (deliberation and consensus), mangain customary events (raising children), giving tudu sipanganon (food offerings), giving batu sipanganon (witness money), manulangi (feeding), sowing rice sipihir tondi (soul strengthener); 2). The mangain tradition practiced by the people of Sungai Jaman Village is classified as a unique al-urf or urf because it is only practiced by people in certain areas. The mangain tradition is also classified as urf shahih because it embodies a sense of kinship, maintains ties of friendship, and promotes religious tolerance.
ANALISIS YURIDIS SOSIOLOGIS DALAM TRADISI BEKASAI PADA MASYARAKAT MELAYU SAMBAS Rizvi Aryu, Kharan; Marluwi, Marluwi; Suhardiman, Suhardiman
Al-Usroh Vol. 5 No. 2 (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/al-usroh.v5i2.5214

Abstract

This research is motivated by the widespread shift in local cultural values due to modernization, which threatens the existence of unique traditions in Malay communities. This raises questions regarding the cultural resilience and legal standing of the bekasai tradition in Kartiasa Village, Sambas. The purpose of this study is to describe the implementation of the bekasai tradition in wedding processions, analyze its position from a juridical-sociological perspective, and formulate a pattern of harmonization with Islamic law and national law. The method used is empirical legal research with a juridical-sociological approach, employing data collection techniques such as observation, interviews, and documentation. Data were analyzed qualitatively based on theories of legal pluralism and structural functionalism. The results show that bekasai is a herbal scrub practice accompanied by prayers for safety as a symbol of self-purification traditionally required by custom. Juridically, this tradition is a living law that is recognized de facto by the community and does not conflict with Islamic sharia because it contains elements of benefit (maslahah). In conclusion, the bekasai tradition is an instrument of social cohesion and a guardian of cultural identity that needs formal legal protection through regional regulations to ensure the sustainability of the cultural rights of the Sambas Malay community.
ANALISIS PENERAPAN SISTEM INFORMASI MANAJEMEN NIKAH (SIMKAH) DI KUA KECAMATAN MANTUP KABUPATEN LAMONGAN Susanto, Aji Wahyu; Ardilla, Yunita; Bramayudha, Airlangga
Al-Usroh Vol. 5 No. 2 (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.v5i2.5276

Abstract

This study uses a qualitative approach to analyze the implementation of the Marriage Management Information System (SIMKAH) at the KUA Mantup District, Lamongan Regency, and its contribution to improving the quality of marriage administration services. Data were collected through in-depth interviews with the head and employees of the KUA, direct observation for 40 days, and documentation of various supporting data. The analysis was carried out using the DeLone and McLean Information System Success Model which includes six dimensions: system quality, information quality, usage, user satisfaction, service quality, and net benefits. Triangulation techniques were used to ensure data validity by combining various sources and methods. The results of the study indicate that SIMKAH has a positive impact on work efficiency, data transparency, and service accessibility, although there are still technical constraints and limited public understanding. Overall, SIMKAH plays a role in supporting the modernization of digital-based public services and is in line with Islamic values ​​in maintaining the validity and order of marriage.
ANALISIS FILOSOFIS TERHADAP HUKUM WARIS BAGI ANAK BEDA AGAMA DI INDONESIA: PERSPEKTIF ONTOLOGI, EPISTIMOLOGI, DAN AKSIOLOGI Sari, Linda Anastyapatika; Syari, Fitra
Al-Usroh Vol. 5 No. 2 (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/al-usroh.v5i2.5284

Abstract

The issue of inheritance law for children of different faiths in Indonesia presents a serious dilemma between adherence to religious norms and the demands of social justice in a pluralistic society. This phenomenon reflects a fundamental tension between the principles of Islamic sharia, which textually prohibit interfaith inheritance, and the social reality of increasingly heterogeneous modern families. This study aims to analyze this issue in depth through a philosophical approach, focusing on three main dimensions: ontology (the essence of inheritance law), epistemology (the source and basis of legal truth), and axiology (the goals and values to be achieved). The research method employed is qualitative with a juridical-philosophical approach, integrating analysis of the Indonesian Civil Code (KUH Perdata), Compilation of Islamic Law (KHI), and literature on legal philosophy. Data collection techniques were carried out through library research from various primary and secondary sources, including fiqh texts, legislation, academic journals, and court decisions. Data was then analyzed using deductive content analysis. The findings indicate a significant discrepancy between formal legal rules and social practice, where courts often grant inheritance shares to children of different faiths through the mechanism of wasiat wajibah to uphold justice and public welfare. This highlights the need for an integrative approach that considers not only legal texts but also social, cultural contexts, and constitutional values such as Pancasila and the 1945 Constitution. This study contributes a new perspective to the discourse on inheritance law in Indonesia, offering a philosophical framework to build more inclusive and adaptive legal harmonization in response to diversity.

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