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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 77 Documents
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PEMBEBASAN HUTANG SEBAGAI MAHAR PERNIKAHAN ANALISIS QIYAS Arofik, Slamet; Hasan Bashri, Muhammad
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

Dowry is an embodiment of the sincerity of a prospective husband to his future wife. The concept of dowry has existed long before the advent of Islam. However, the dowry in pre-Islamic times was the price (ṡsafe) of the woman to be married. The quality and dignity of a woman can be seen from the amount of dowry given to her. In this modern era, viral on one of the social media is a woman who wants to be married to a man where the dowry requested is the release of debt by the prospective husband against the woman's debt to someone else. On the other hand, there is a historical fact that the Messenger of Allah once carried out the release of slaves, the release of which was then used as a dowry for his marriage. Therefore, if debt liberation is used as a dowry in marriage, if it is analyzed using the Qiyas theory, the legal conclusion is permissible. This is based on two basic reasons, first, the Qiyas that are applied are following the applicable provisions, namely the fulfillment of the pillars and conditions of Qiyas. Second, the determination of Masalik al-'Illat (ways to know 'illat) is also following the rules.
ANALISIS PUTUSAN HAKIM TENTANG PEMBEBANAN NAFKAH DALAM PERKARA CERAI GUGAT : (Studi Pada Putusan Perkara Nomor: 1128/Pdt.G/2021/Pa.Bgr) Khoerunnisa, Ananda; Arif, Suyud; Gustiawati Mukri, Syarifah
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 a strong contract or mitsaqan ghalizhan to obey Allah's commands with the aim of realizing a harmonious and loving household (sakinah, mawaddah wa rahmah). If the purpose of marriage is not achieved, then divorce is an act to break the marital relationship. The burden of living is part of the consequences of divorce which often causes irregularities when it occurs in divorce cases. In the decision on the divorce case number 1128/Pdt.G/2021/Pa.Bgr, the judge charged a living that was not in accordance with article 149 of the Compilation of Islamic Law. Therefore, this study was conducted to analyze the legal basis and considerations of the Bogor Religious Court Judges in deciding the burden of living and determining the amount. This research is qualitative research using normative-empirical legal research methods, through a case study approach. Based on the results of the study, the legal basis for the Panel of Judges in deciding the burden of past expenses refers to Article 80 of the Compilation of Islamic Law paragraph 4, regarding iddah and mut'ah living refers to the Indonesian Ministerial Regulation Number 3 of 2017 concerning guidelines for adjudicating women's cases in conflict with the law and the results of the meeting formulation. The Chamber of Religion as outlined in the Circular Letter of the Supreme Court of the Republic of Indonesia Number 3 of 2018 A. Regarding child support, it refers to Article 105 letter c of the Compilation of Islamic Law. Meanwhile, in determining the number of expenses for living expenses, the Judge considers two things, namely the husband's income and the needs of each party which are adjusted to the ability, fairness, and justice as well as the ability of the Defendant.
HUKUM WARIA GANTI KELAMIN PERSPEKTIF HUKUM ISLAM DAN HUKUM PERDATA Dimyati, Yayat
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2021): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

sex change is surgery to change the gender from male to female or vice versa In this articel uses qualitative research methods using heritage research, namely research that uses ways to read books or library materials related to discussion problems. Then, the authors uses data analysis techniques with descriptive and deductive methods. How to approach using normative and phenomenological approaches. Transvestites according to language are men who are and behave like women and have feelings as women. While the shemale according to the term is the one who can not know exactly is he a man or woman, because he also has the genitals men and women. Operation change gender is operating surgically to change the gender male to female or vice versa. In Islam a man who resembles a woman is unlawful according to the hadith of a prophet which condemns a man to resemble a woman and vice versa. On the grounds that the hadith also the scholars forbid sex change for transsexual in contemporary scholars, they say that a transsexual can not be punished as person who commits immoral acts but is punished as a person who is sick and needs to be healed.
PELAKSANAAN PERKAWINAN WALI HAKIM DAN PENYELESAIANNYA DI KANTOR URUSAN AGAMA KECAMATAN GERUNG LOMBOK BARAT Gunawan, M. Indra
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2021): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

In general, there are still many people who do not or do not understand the factors that cause marriages with guardian judges to be carried out, which results in marriages that must be repeated because there is an error in determining the guardian of marriage, which should be married to a guardian judge but married to a lineage guardian, as well with the wishes of the family of the prospective bride who wants the marriage that has been carried out with the guardian of the judge to be repeated with the guardian of the lineage for reasons of wanting to cover the disgrace in the case of the prospective bride born out of wedlock. Another problem that occurs in the case of marriage with the guardian of the judge is the occurrence of a disharmonious relationship between the bride and groom and the guardian of their lineage who is adal (reluctant) to act as a marriage guardian so that the guardianship is transferred to the judge. This research is presented to reveal the factors that cause marriage with a judge's guardian, and its resolution at the Office of Religious Affairs, Gerung District, West Lombok Regency. The research method used is a qualitative method. The results showed that the factors that led to the implementation of marriages with guardian judges at the KUA of Gerung District from 2013 to 2020, namely: (a) the lineage guardian was outside the region/country; (b) the bride is born out of wedlock; (c) lineage guardians are/reluctant to marry; (d) the bride is a convert and does not have a Muslim lineage guardian; (e) the bride does not have a guardian; (f) guardian nasab mafqūd / missing; and (g) lineage guardians do not meet the requirements because they are insane/insane.
BATASAN USIA PERKAWINAN; SEBUAH TINJAUAN SOSIOLOGI HUKUM Taufiqurohman, Taufiqurohman
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2021): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

The variety of positive laws governing the age limit for marriage is of particular concern to family law scholars. Harmonization of law can be done when looking at how the actual social character of the community in relation to the issues raised, namely finding the minimum age limit for marriage. The sociological-anthropological approach of law is used in this harmonization of law because the two blades actually use descriptive optics in viewing a problem. It is worth paying attention when determining the age limit must refer to several factors which are not only legal factors but also other factors and in order to provide legal certainty, justice and legal benefits, there must be an adjustment to the age limit, especially for children, for other laws and regulations.
RESOLUSI KONFLIK ROMANTIC JEALOUSY PASANGAN SUAMI ISTRI DALAM PRESPEKTIF HADITS KUTUB AL-TIS’AH Ubaidillah, M. Burhanuddin
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2021): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Romantic Jealousy or jealousy in a romantic relationship is a relatively common feeling. Romantic Jealousy is a divine decree that cannot be avoided and is not worthy of being hostile. Romantic Jealousy is part of the implication of love and loyalty. Romantic Jealousy is a kind of feeling of worry or fear of losing a life partner, with the presence of a third party who has the ability to influence, seduce and seduce. Romantic Jealousy is a reaction that occurs in a romantic relationship that is being threatened by a third party, both subjective and real, which is usually followed by a fear of losing their partner. When experiencing it, usually the rational system does not work as it should. This article focuses on the study of the romantic jealousy hadiths of the Prophet's wives, especially isyah's romantic jealousy to Umm Salamah, to Ḥafṣah, to Shofiyyah, and to Khadījah as well as Hafsah's romantic jealousy to isyah along with the resolution of the Prophet's conflicts conta
PERSPEKTIF MASYARAKAT DESA KEMADUH BARON NGANJUK TENTANG RELEVANSI NAFKAH SUAMI TERHADAP KEHARMONISAN RUMAH TANGGA Maryam Qurotul Aini, Siti; Hayati, Afiatul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2021): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

The issue of livelihood is crucial in building household harmony. The husband is obliged to provide for his family with ma'ruf. This can create harmony in the household that is built.The people of Kemaduh Baron Nganjuk village have various views on the relevance of husband's livelihood to household harmony. This paper is the result of field research on this matter. This analytical descriptive research uses a qualitative approach, with data collection methods in the form of observation, interviews, and documentation. The results of the study reveal that the husband's livelihood from the perspective of the Kemaduh Baron Nganjuk village community is a gift from a husband to his wife in the form of money, to meet daily needs, which is in line with Amir Syaifuddin's opinion that the husband's income is shopping for food needs which includes basic materials such as clothing and housing. or clothing, food, and shelter. Meanwhile, their perspective on household harmony is the attitude of helping each other, pouring out their hearts (deliberations), the lack of debate in running the household with mutual understanding. This is in line with the theory of household harmony with the realization of the wishes of husband and wife, minimizing interpersonal conflicts, the realization of reciprocity between husband and wife in carrying out their respective obligations. According to the people of Kemaduh village, husband's livelihood and household harmony are interrelated because living is the husband's obligation in the household which aims to meet household needs, so not fulfilling the needs in the family can make the family less harmonious. Even so, there are different opinions from the people of Kemaduh village which state that the husband's inadequacy of living does not cause fights and the family remains harmonious.
PERAN AYAH DALAM PROSES PERTUMBUHAN ANAK DALAM PERSPEKTIF AL-QUR’AN Herlena, Winceh
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 2 (2021): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

This article discusses the views of the Koran on the role of fathers in the process of child development. The focus of the study in this research is to explore the verses of the Qur'an related to the role of the father in the family. In addition, this article will also describe the story of the father in the Qur'an. This research is a type of library research. The method used in this research is descriptive-analysis using a classical-contemporary interpretation paradigm approach. From the analysis that has been carried out, this study concludes that: first, the Qur'an shows the role that a father should apply in the development process of his children, one of which is by monitoring and controlling children's daily lives, instilling educational values, building closeness. and good communication with children, and provide good support and direction. Second, several verses in the Qur'an describe the role of fathers who have their own way of educating their children, so that this method is relevant to be applied in the contemporary context. The father figures in question are Luqman, Prophet Ibrahim, Prophet Noah, and Prophet Ya'qub.
TA’LIQ TALAK PERSPEKTIF IMAM SYAFI'I DAN IMAM IBN HAZM Huda, Afiful; Dyah Ayu Wardana, Febryani
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2020): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

In marriage, an agreement can be made to avoid things that may not be desirable. In terms of marriage agreements, Imam Syafi'I and Imam Ibn Hazm have different opinions about the law. This study uses a qualitative literature approach. The result of this research is that there is a similarity in opinion between Imam Syafii and Imam Ibn Hazm in terms of the understanding of the marriage agreement. Then regarding the law, he both had different opinions, namely: Imam Shafi'i allowed and legalized the fall of divorce when the conditions had been fulfilled, while Imam Ibn Hazm had an invalid opinion, the divorce imposed outside the provisions of syara 'according to him was invalid because it violated the provisions Allah SWT. Then in terms of the legal basis used between Imam Syafii and Ibn Hazm is also different, namely: Imam Syafi'I uses al-Qur'an surah al-Maidah verse 5, the Hadith narrated by Imam Bukhari, as well as Hadith from Ibn Majah. Meanwhile, Imam Ibn Hazm used al-Qur'an surah at-Talaq verse 1 and hadith from Imam Abu Dawud.
POLIGAMI DALAM PERSPEKTIF SYADZ AD-DZARI’AH Misbachul Fitri, Abdul Basit
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2020): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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In this study we try to describe polygamy in the perspective of Syadz adz-Dzari'ah, namely prevention, because it is feared that there will be conflicts within the family, between wives and husbands, between other wives, and between children. This research is a comparative literature study, the study material comes from literature sources. The technique of collecting data is by means of observation data collection (organizing data). Second, through library research. namely seeing, observing, seeking. The approach uses qualitative. The data were then collected and analysis techniques were carried out. The results of the data analysis were written in descriptive form. Data analysis used the content analysis stage, comparative analysis (content analysis and differentiating analysis). analyzing polygamy in the perspective of Syad ad-Dzari'ah. Polygamy when it causes ongoing conflicts and is unable to provide legal solutions, it is better to avoid it because when conflicts and disputes occur, the household will not be realized as sakinah mawaddah wa rahmah and barakah families. Even though marriage aims to find happiness, tranquility, blessings and all one's actions after marriage have the value of worship.

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