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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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KAIDAH-KAIDAH WALI DALAM PERNIKAHAN: Analisa Perpindahan Hak Wali Dalam Pernikahan Misbachul Fitri, Abdul Basit; Miftahuddin , Abdul Hafidz
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

According to Imam Malik and Imam Shafi'i, the wali nikah (guardian of marriage) is one of the pillars of marriage. According to Abu Hanifah, the wali who must be present in the marriage contract as mentioned in the hadith above is only required if the bride is not yet baligh (mature) or not of sound mind. A woman who has reached maturity and is of sound mind is allowed to marry a man she likes without a wali, provided that he is sekufu (compatible). Imam Malik, according to the Asyhab tradition, believes that marriage without a wali is valid. The order of guardians in marriage is first the wali mujbir, second the wali hakim, and third the wali muhakkam. In essence, a woman should be married by her father who acts as her guardian, but sometimes a father refuses to act as a guardian for his child. Although there are different levels of guardianship, if the transfer is due to the guardian's reluctance to marry his child under his guardianship, then the level of guardianship is no longer valid so that the transfer of the right to marry goes directly to the wali hakim.      
STUDI NORMATIF YURIDIS SENGKETA PENYALAH GUNAAN HARTA GONO GINI Ubaidillah, M. Burhanuddin; Shinwanuddin, M.
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

In practice, disputes often arise between married couples in the division of marital property in court. Even in the court process, there are often disputes about the division of marital property, which further complicates the divorce process because each party claims that the property is part of their rights. This article focuses on a normative juridical study of disputes over the misuse of marital property due to death, divorce, and polygamy. It begins by examining the concept of normative juridical methods, the historical roots of the term "marital property," the legal basis of marital property in Indonesian law, and a normative juridical study of disputes over the misuse of marital property due to death, divorce, and polygamy. The research results show that husbands and wives have the same rights and obligations to marital property. Wives have the same rights and obligations to marital property, namely to maintain their husband's property that is in their possession and joint property. The use of marital property by the husband for the needs of children from the first marriage must be with the wife's consent. A husband who does not fulfill his obligations, such as not providing for his wife, is included in the category of nusyuz and neglects his obligation to ask for permission to use marital property with his second wife. The solution that can be taken is consultation and peace. If the peace effort fails and even triggers a dispute (syiqaq) between the husband and wife, the solution is to bring in a mediator (hakam) from each party.
IMPOTENSI SEBAGAI ALASAN FASAKH PRESPEKTIF IMAM AL-NAWAWI DAN IBNU HAZM : (STUDI KOMPARATIF) Mustakim, Ahmad; Umami, Hafidhul; Mujib Ridwan, Abdul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

A husband should not neglect his obligations, especially in regards to marital relations. If a husband neglects these obligations, it can have an impact on his wife and can lead to disputes between the two parties, even resulting in the dissolution of the marriage. The dissolution of a marriage can occur for various reasons, one of which is fasakh. The type of research used by the author is library research, using a qualitative approach. The primary sources in this study are the book of Imam al-Nawawi's Majmu' Syrh al-Muhaddab and the book of Ibn Hazm's al-Muhalla, while the secondary sources are obtained from literature related to the research problem. The data collection technique is done through documentation, while the data analysis uses content analysis which will then be compared to the opinions of the two imams. The results of this study are that according to Imam al-Nawawi, if a woman marries an impotent man, the wife is allowed to file for fasakh to the judge and the judge will give a one-year period. If within one year her husband can recover, then the wife remains a valid wife. However, after one year, if the husband does not recover, the wife is given the choice by the judge to either continue the marriage or dissolve it. If the wife is willing to accept her husband's condition, then she remains a valid wife, but if she is not willing to accept it, the judge will dissolve the marriage. Meanwhile, according to Ibn Hazm, in a marital relationship, if a defect is found in either the husband or wife, such as impotence, the marriage cannot be dissolved by fasakh due to the absence of valid evidence or nash, whether from the Qur'an, hadith, ijma', or al-dalil. The only way out if the husband is impotent is by talak pronounced by the husband. The result of the comparison of the opinions of the two imams is that impotence as a reason for fasakh according to Imam al-Nawawi is permissible based on the hadith narrated by Said bin Musayyab and the hadith narrated by Zaid bin Ka'ab. Meanwhile, Ibn Hazm argues that it is not permissible because he rejects the hadith narrated by Said bin Musayyab and the hadith narrated by Zaid bin Ka'ab.
IKRAR TALAK PENYANDANG TUNAWICARA DALAM MAZHAB HANAFI DAN MAZHAB SYAFI'I Arofik, Slamet; Rifa'i, Ahmad
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

The problem arises when a husband who is a mute wants to divorce his wife. How do scholars respond to this issue? This research uses a qualitative approach with a type of library research, generating theory rather than hypothesis testing, so the resulting theory is in the form of a substantive theory. The results of the study show that the divorce oath for a mute person according to the Hanafi School of Thought can use gestures with the condition that he is unable to write, because gestures are below the level of writing. Meanwhile, according to the Shafi'i School of Thought, the divorce oath for a mute person can be conveyed by writing or gestures absolutely, because both are considered equal. The difference of opinion between the Hanafi and Shafi'i schools of thought lies in the legalization of divorce with gestures, namely in the Hanafi School of Thought there is a condition if he is unable to write and based on the method of istinbāṭ istihsan. Whereas in the Shafi'i School of Thought, the permissibility of divorce using gestures absolutely can be based on the method of Qiyas. The similarity is that both use the Qur'an and Hadith as the first and second sources of law before others. The next similarity is that both agree that divorce can be conveyed by writing or gestures.
PEMENUHAN NAFKAH SUAMI ISTRI YANG MASIH MENEMPUH PENDIDIKAN TINGGI PRESPEKTIF KOMPILASI HUKUM ISLAM DAN PEMIKIRAN IMAM SYAFI’I Mukhotib, Zainal; Rahmania Kusumawati, Ita
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

A husband and wife who are pursuing their undergraduate degree not only have to divide their time for studying but also have an obligation to fulfill their family's needs. This will certainly affect their economy. This research focuses on fulfilling the wife's needs and the husband's strategy to fulfill those needs while still studying. This research uses a descriptive normative qualitative method and data collection methods in the form of interviews with several students and reading classical literature by Imam Syafi'i. The researcher took samples from three campuses, namely STAIDA, STAIM, and IAIDIPO, whose student backgrounds are heterogeneous. After the data was collected, the author analyzed the practice of fulfilling needs in the field with the rules in the Compilation of Islamic Law and the thoughts of Imam Syafi'i. There are two results from this study: first, the fulfillment of the needs of husband and wife who are pursuing higher education is done in two ways, one by determining the nominal amount of the wife's needs. Second, fulfillment without determining the nominal amount of the wife's needs. The next result, based on the rules in the Compilation of Islamic Law and the thoughts of Imam Syafi'i, the practice of fulfilling the needs of husband and wife who are pursuing higher education can be classified into two groups. One is the fulfillment of the wife's needs that already comply with the rules in the Compilation of Islamic Law and the thoughts of Imam Syafi'i and have been maximally fulfilled. Two is the fulfillment of needs that do not comply with the rules in the Compilation of Islamic Law and the thoughts of Imam Syafi'i.
IMPLEMENTASI PERLINDUNGAN ANAK BERBASIS PESANTREN PERSPEKTIF MAQASHID AS-SYARI’AH Taufiqul Mustofa, Muhammad; Al Amin, Habibi
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Rules related to child protection have been made in such a way, but in reality there are still many acts of discrimination or violence that occur in the educational environment, including in Islamic boarding schools. Islamic boarding schools in carrying out child protection and the inhibiting factors. The results of this study indicate that in relation to the implementation of Islamic boarding school-based child protection, the program is implemented in stages in the religious, educational, social and economic fields. Apart from that, there are still a number of obstacles including the existence of individual boarding school administrators who still do not understand the limits of disciplinary action against students, the existence of several parents of students who do not know/do not understand Islamic boarding school norms and the existence of a hyperprotective attitude from some parents of unscrupulous students. "forced/forced" to seek knowledge at the Islamic boarding school (wrong intention) so that it encourages students to violate the rules of Islamic boarding schools.
OTENTISITAS REKONTRUKSI HISTORIS TRANSFORMASI HUKUM WARIS ISLAM DAVID S. POWERS Aisah, Aisah; Sukardi, Imam
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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The authenticity of the Quran and Sunnah is a controversial issue among Islamic studies scholars, and the answer to this question is a complex topic related to religious sensitivity. David Powers' research on the authenticity of the Islamic law of inheritance in his work "Studies in Qur'an and Hadith: The Formulation of the Islamic Law of Inheritance" is a fact that needs to be re-examined by investigating Powers' literature and thoughts, both pro and contra, from insiders and outsiders. Powers found differences between the law of inheritance accepted by Muhammad (Proto Islamic Law) and the Islamic Law of Inheritance. He expressed his disbelief in the sources of Islamic tradition in criticizing the interpretations of early generations. He even harshly criticized the supporting sciences of interpretation, such as the science of mansukh naskh, the science of qirā'āt, and asbāb al-nuzūl. According to him, these sciences were used to manipulate interpretations that should have been the interpretations they adopted under certain political conditions in early Islam. This article focuses on the authenticity of the historical reconstruction of the transformation of Islamic inheritance law in Powers' work, especially Proto Islamic Law and Islamic Law of Inheritance.
PEMENUHAN NAFKAH ANAK PASCA PERCERAIAN PERSPEKTIF HUKUM ISLAM Hidayat, Samsul; Rahmania Kusumawati, Ita
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Various legal consequences of Sharia law seem to not be implemented by the actors of divorce, especially child support. This ultimately has a negative impact on children as victims of their parents' separation. This research aims to determine how divorced parents fulfill child support obligations for children who are currently studying at three pesantrens (Islamic boarding schools) in the Nganjuk area. The three pesantrens are: Pondok Pesantren Miftahul Mubtadi'in Ar-Ridlo in Tanjunganom Village, Tanjunganom District, Nganjuk Regency; Pondok Modern Darul Ihsan in Payaman Village, Nganjuk District, Nganjuk Regency; and Pondok Pesantren Gedongsari in Tegaron Village, Prambon District, Nganjuk Regency. This research is a descriptive field research using a phenomenological approach. Primary data sources were obtained through interviews and documentation of the actors of broken homes, children as victims, and the pesantren ustadz as their caregivers, supported by secondary data in the form of literature or scientific works. The results of this study found that almost all fathers (former husbands), who are obligated to provide child support, do not provide it. The party that ends up providing child support after divorce is the mother.
PEMENUHAN HAK ANAK DALAM PENERBITAN KARTU KELUARGA BAGI PASANGAN NIKAH SIRI PERSPEKTIF PERMENDAGRI NO. 9 TAHUN 2016 DAN MAQĀṢID ASY-SHARĪʻAH Khoirur Roziqin, Moch.; Anwar, Khoirul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Children's rights are things that must be guaranteed by the State and their parents, as explained in Article 1 number 12 of Law no. 35 of 2014 concerning Amendments to Law no. 23 of 2002 concerning Child Protection, that children's rights are part of human rights that must be guaranteed, protected and fulfilled by parents, families, communities, the state, government and local governments. One of the government's roles in providing protection regarding children's rights, which has so far been constrained to make birth certificates, is through the policies of the minister of home affairs, including changing the rules by issuing Minister of Home Affairs Regulation (Permendagri) number 9 of 2016 related to accelerating the increase in coverage. birth certificates to protect and provide status for children whose origins are constrained. However, the government's role in providing protection regarding children's rights raises pros and cons in the community, some agree and some disagree. It is from here that the author is interested in studying the problem of fulfilling children's rights in issuing family cards for married couples from the Perspective of Permendagri No. 9 of 2016 and Maqāṣid Asy-Sharīʻah This type of thesis research is library research. The approach used in this research is normative juridical. In this study, the first data analysis used was descriptive-analytical, followed by a correlation process, and finally concluded. The results of this study indicate: First, Permendagri Number 09 of 2016 is an effort by the Government to increase the number of child birth certificate ownership in order to protect children's rights. Second, Pemendagri No. 9 of 2016 is in accordance with the values ​​of Maqāṣid Asy-Sharīʻah, namely ḥifzh al-dīn (Guarding children's rights and avoiding harassment of religion), ḥifzh al-nafs (Avoiding child exploitation cases), ḥifzh al-nasl (Avoiding any violence and discrimination against children), ḥifzh al-'aql (Avoiding child ignorance), ḥifzh al-māl (Avoiding neglect of children). Third, Pemendagri No. 9 of 2016 has a clear correlation with maqashid as-shariah values. namely prospering life on earth, maintaining order in it and always maintaining the stability of the benefit of nature. This can be seen in the Issuance of Family Cards for Siri Marriage Couples which is a new breakthrough / a solution to the legal vacuum in fulfilling children's rights.
RELEVANSI KHI DAN FIQH SYAFI’IYYAH DALAM PRAKTEK UPAYA PENCEGAHAN SAKSI FASIQ DI DESA KARANGSEMI Rohim Arrozy, M. Fathur; Zahro, Ahmad
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

Witness marital status with legally disabled witnesses from the perspective of KHI and Fiqh Syafi'iyyah Case studies in Karangsemi Belin Gondang Village, Nganjuk Regency. The focus of legal defects here is the unfairness of a witness in marriage or commonly called a wicked witness, seeing that the presence of fair witnesses is a requirement of a witness in marriage. This study used a qualitative method and the primary data collection method was observation, interviews and documentation of the Karangsemi community component and reading the classical literature of Syafi'iyyah scholars. Fiqh Shafi'iyyah. This research results in the first, KHI does not explain in detail regarding efforts to prevent witnesses who are legally disabled or wicked, while Fiqh Syafi'iyyah recommends efforts to prevent legal defects by repentance. Second, there are two efforts made by Karangsemi residents, namely by sorting and choosing witnesses carefully based on dhohir and usually and carrying out rituals before the contract by reading Istigfar, Sholawat, Syahadataini as a form of repentance. Third, the prevention efforts presented by Karangsemi residents are relevant to the KHI and Fiqh Syafi'iyyah perspectives.marriage is the core thing in the marriage ceremony, often ordinary people present witnesses without knowing the criteria for a valid witness. This research reviews efforts to prevent

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