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USRATUNA: Jurnal Hukum Keluarga Islam
Published by STAI Darussalam Nganjuk
ISSN : -     EISSN : 25976680     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
USRATUNA: Journal of Islamic Family Law, published by the Ahwal al-Syakhsiyah Study Program, Department of Sharia, STAI Darussalam Nganjuk since 2018. Using a fair and consistent double-blind peer-review procedure, Usratuna continues to publish research and studies related to Islamic Family Law by various dimensions and approaches. The Usratuna journal is published twice a year, namely in June and December. The Usratuna Journal always places issues of Islamic Family Law and Gender as the focus of research.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 71 Documents
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TRADISI NIKAH SIRI SETELAH KHITBAH DI DESA PAKALONGAN SAMPANG MADURA PERSPEKTIF MAQASHID SYARIAH Abdul Bari Muhammad Amir, Ahmad; Sukardi, Imam
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Islam recommends that every marriage be preceded by a proposal before a husband and wife bond occurs. This is intended so that when the marriage is carried out on the awareness and knowledge of both parties. In Madura, to be precise in Pakalongan Sampang Village, Sampang District, Sampang Madura Regency, there are many practices of sermons and unregistered marriages which have become a hereditary tradition. Proposals and marriage contracts are common there. This research is a qualitative research, data taken systematically from the field. The data will then be analyzed using maqashid sharia principles in Islam. The results of the study revealed that most of the people of Pekalongan Village, Sampang Subdistrict, already knew the post-khitbah siri marriage tradition and understood that there were lessons to be learned from the post-khitbah siri marriage tradition. Siri marriage after the khitbah in Pakalongan village is legally permissible, it can even become mandatory if there is a potential for adultery after the khitbah. And in maqashid syari'ah terms, unregistered marriage after khitbah is in accordance with five basic principles, namely protecting religion (hifdzu al-din), protecting life (hifdzu al-nafs), protecting offspring (hifdzu al-nasl), protecting property (hifdzu al-nafs), guarding wealth (hifdzu al-mal), and guarding the mind (hifdzu al-'aql).
SEIMBANG DAN SYARAT-SYARAT PEMINANGAN PERSPEKTIF FUQOHA’ Misbachul Fitri, Abdul Basit
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Before carrying out an arranged marriage, it is continued according to syar'i, so as parents and interested parties it is highly recommended to find a balanced/equivalent family mate, in Islam it is called Kafa'ah or kufu'. The Ulama' agree that, kafa'ah in religious matters is a must to implement. However, kafa'ah from non-religious aspects such as heredity, wealth, occupation and others, is only a material consideration which does not result in a marriage having to be terminated. Research uses library research as a method in extracting data. namely a research by focusing on the source of the data obtained from the literature. Books and writings that are in accordance with the subject matter being researched, regarding the balance and requirements for proposing a Fuqoha' perspective. Proposals in the science of fiqh are called khitbah, meaning requests. Meanwhile, according to the term, it means a statement or request from a man to a woman to become his wife in the ways that apply in society. In proposing there are two conditions, there are mustahsinah conditions and customary conditions according to Fuqoha' which must be known and complied with by the groom and his family so that the proposal is perfect and does not experience legal defects.
PELAKSANAAN HAḌANAH PASCA PERCERAIAN DI DESA SINDUADI, MLATI, SLEMAN, YOGYAKARTA: TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF Sholihah, Mar’atush
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

The background of this research is because parents underestimate and ignore their responsibilities. This is not in accordance with the provisions of Islamic law and positive law in Indonesia, causing children's rights to not be fulfilled for various reasons. Seeing these conditions, a sustainable concrete solution is needed to deal with this situation. This paper is prescriptive and uses a normative juridical approach. To see the role and function of writing, the theory of Maqāṣid Syarī'ah Abū Ishāq as-Syatibī is used, where the writing of the implementation of haḍanah is in the realm of arrūiyyāt. The results of this study indicate that: the implementation of post-divorce haḍanah in Sinduadi Village by parents of children who have not been mumayiz raised by the mother, so that the mother becomes a single parent. In addition to caring for children, mothers also have to work to meet their daily needs, so that care is taken over by the mother (grandmother) or close relatives when they leave work. Judging from the obligations of ex-husbands in fulfilling children's rights, all of them have not been fulfilled and carried out according to the applicable normative and juridical principles. Several factors become obstacles, including economic limitations, already having a new family and the low level of parental care, especially ex-husbands for their children. Parenting must be done with full attention and affection, this aims to create a good generation. Judging from the aspects of education and upbringing which in this case fall to the wife, the wives have understood and continue to do their best for their children in order to create a generation that is superior and has noble character.
UU PERKAWINAN DAN KHI DALAM PERSPEKTIF FILSAFAT HUKUM: BERISTRI LEBIH DARI SEORANG Aminah, Siti; Fathoni, Achmad
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

The issue of the law of a husband having more than one wife (read: polygamy) has always been an interesting discussion. Although the pros and cons surrounding the law of polygamy have been going on for a long time, until now on every opportunity the discussion of polygamy has always presented quite a fierce debate. Especially since the emergence of issues regarding gender and human rights, not a few contemporary islamic jurists and feminists have tried to review the law on polygamy. There are at least three groups of views on the law of polygamy: 1) those who absolutely allow polygamy, 2) those who allow it under certain conditions and conditions. 3) those who absolutely forbid. In this paper, we will not discuss the pros and cons of polygamy. because the law of polygamy in Indonesia is allowed even with certain conditions. The author will focus on explaining how legal philosophy views Law no. 1 of 1974 and the Compilation of Islamic Law which regulates the regulation of having more than one wife. Then analyzes these rules from the perspective of legal philosophy.
IMPLEMENTASI UU NO. 16 TAHUN 2019 PERUBAHAN ATAS UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP PEREMPUAN Huda, Zainul; Shoelsap, Mudzakkir
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Law No. 16 of 2019 is a law that changes one of the articles in Law No. 1 of 1974 concerning Marriage, namely Article 7 which relates to the age limit for marriage. The essence of the change is changing the minimum age limit for marriage for women from 16 years to 19 years. The Office of Religious Affairs as the executor of the amendment to the law must of course implement it effectively, especially the KUA Kec. Diwek Kab. Jombang. Not to mention, besides having to implement it, KUA Kec. Diwek Kab. Jombang must also try to provide legal protection, especially for women with all aspects that include it because of the enactment of the law. To find a way out of these problems, the researcher uses a field research type with a qualitative approach, where the researcher acts as a full observer by collecting interview data and related archives and analyzing using descriptive analysis methods. The discussion of the data obtained from the research findings can be revealed that: (1) The implementation of Law No. 16 of 2019 has been implemented effectively through outreach activities carried out by the Head of KUA, extension workers and also assistants to the penghulu. (2) KUA's efforts in providing legal protection, especially for women, have been carried out to the maximum through several suggestions and also solutions for those who are going to marry, especially those who are underage.
PANDANGAN HUKUM ISLAM TERHADAP PENENTUAN DAN PEMBERIAN UANG PANAIK DALAM PERKAWINAN ADAT BUGIS DI DESA NUSANTARA JAYA KECAMATAN KERITANG KABUPATEN INHIL PROVINSI RIAU Mustakim, Ahmad; Huda, Afiful; Mujahidin, M.
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Panaik money is money given by the groom to the bride's familyas financing for the wedding ceremony, and one of the things that must begiven apart from the dowry. The determination of the panaik money inNusantara Jaya Village is carried out by deliberation between the groom'sfamily and the bride's family, and in terms of the amount of the gift it is seenfrom several aspects such as beauty, noble family, social strata, the higher thelevel of education the higher the amount of panaik money must be given. Thisarticle will discuss the Islamic view regarding determining and giving Panaikmoney in marriage. The type of research that the authors use is field research.While the approach used in this research is qualitative. The results of thisstudy indicate that giving Panaik money has become an ingrained habit amongthe Bugis community, especially in Nusantara Jaya Village. Some of the ways ofgiving are done in cash, some are done in installments according to theagreement of both parties. Meanwhile, for the determination of Panaik moneyby means of deliberation from both parties, the benchmark for Panaik moneycan be seen from education, beauty, respectable family, and others. There isnothing in the Qur'an and Hadith that discusses the existence of Panaik money,but Islamic law addresses this with the theory of the Al-'Adah Muhakkamahfiqh rules so that useful habits can continue to be carried out. If you look at theperpetrators, they are included in the category of 'urf hash, if you look at theirwork, they are 'urf fi'li.
PERSPEKTIF TOKOH MASYARAKAT DESA SIDOHARJO TANJUNGANOM NGANJUK TENTANG NUSYUZ DAN KEKERASAN DALAM RUMAH TANGGA Maryam Qurotul Aini, Siti; Lailatul Maghfiroh, Naziyatu
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Marriage is an inner and outer bond between a man and a woman as husband and wife to form a happy and eternal household (family) based on the Almighty God. But sometimes problems arise in married life, one of which is nusyuz. Nusyuz behavior often occurs in domestic life and has an impact on disharmony. Some of them even lead to acts of domestic violence. This paper presents the perspectives of community leaders in Sidoharjo Village about nusyuz and domestic violence and the relationship between the two. The type of research that will be used is qualitative, namely field research, while the approaches in this research are normative and sociological. Data collection methods used are interviews (interviews), observation, and documentation. Meanwhile, the data validity test was carried out through data triangulation techniques, persistence/consistency of observation, and the use of reference materials to prove the data that had been found. The results of this study indicate that the perspective of Sidoharjo Village community leaders towards nusyuz is when the wife disobeys or disobeys her husband. Then the perspective of community leaders in Sidoharjo Village on domestic violence is violence that occurs in the household. The culprit can be the husband or wife. Furthermore, the perspective of community leaders in Sidoharjo Village on the relationship between nusyuz and domestic violence. They said there was a relationship between the two by explaining that it started with a wife who was rebellious and then the husband could not control his emotions so in the end there was an act of domestic violence.
KEDUDUKAN IWAD TERHADAP KEABSAHAN KHULUK : (Studi Komparatif Pendapat Imam Malik dan Imam Syafi’i) Hidayat, Taufiq; Panji Maulana, Rahmatulloh
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Iwad is a ransom property or compensation given to a husband to divorce his wife. Imam Shafi'i argues that iwad is one of the pillars that cannot be abandoned and affects the validity of khuluk. On the other hand, Imam Malik considers that khuluk performed without iwad is still valid. This type of research is library research through a qualitative approach. Analyzed using the descriptive-analytical method and comparative analysis method. As for the results of this research: according to Imam Malik, khuluk may occur without iwad because khuluk is a form of breaking up a marriage like a divorce. Meanwhile, Imam Shafi'i views iwad as an urgent and core part of khuluk, because without Iwad, khuluk will not occur. The urgency of iwad refers to the opinion of Imam Shafi'i who emphasizes in the khuluk lafadz it must be clearly stated the number and type of goods used as ransom property. The method of determining the law used by Imam Malik is more focused on the pattern of determining the law based on the text of al-Bayan bil Qaul, namely an explanation through the hadith of the Prophet or the word of Allah SWT. Meanwhile, Imam Shafi'i, apart from referring to the Qur'an and hadith, Imam Shafi'i also uses qiyas. In this case, it is analogous to the ransom property with buying and selling assets.
FENOMENA HOMOSEKSUAL & LGBT MASA KINI: (Studi Perspektif Agama Hindu, Buddha, Konghucu, Kristen & Islam) Ubaidillah, M. Burhanuddin; Aisah, Aisah
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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After the era of globalization and information technology spread throughout the world, homosexuals or LGBT people developed in Indonesia, which has a Muslim majority population. The systematic spread of Homosexual or LGBT cannot be separated from foreign conspiracies to obscure the personality of a nation and draw it into a global cultural vortex that is built on a secular outlook on life. In essence, the purpose of marriage is to preserve offspring. Homosexuality or same-sex marriage will certainly not be able to produce offspring and even have an impact on the emergence of various problems in Indonesia ranging from reducing birth rates, disease problems, and social problems as well as cracking the integrity of the nation. This article is focused on the study of the Current Interfaith Homosexual & LGBT Phenomenon in Indonesia. Starting with the early history of the emergence of homosexuality, the Present Homosexual & LGBT Phenomenon in the Perspective of Hinduism, Buddhism, Confucianism, Christianity & Islam along with the arguments and arguments of each religion in Indonesia. The purpose of this article is to analyze homosexual behavior that is growing in Indonesia, even openly admitting homosexual or LGBT activities and fighting for the acceptance of same-sex marriage from the perspective of Hinduism, Buddhism, Confucianism, Christianity & Islam. With the hope that it can be a treasure contribution to controlling the pros and cons that occur between activists, practitioners, experts, and religious organizations, even at the level of the constitution and legislation.
WAKAF PRODUKTIF DALAM HUKUM ISLAM Fatimah, Siti
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2022): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

This study explores the development of waqf from time to time, both from the history of Islam and the history of waqf in Indonesia, the research method used is qualitative literature. Productive waqf in addition to having a worship function also has a social function. social welfare (hablu minannas) to improve the welfare of Muslims, according to Law No. 41 of 2004 concerning waqf and its implementation, the management of nazir waqf must be more professional in its management to achieve the purpose, function, and designation of the waqf. Productive waqf in its development has been following Islamic law waqf in the era now refers to the welfare of the people, in its development and management. Productive waqf has a socio-religious dimension and the welfare of the people.

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