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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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NAFKAH ANAK HASIL PERNIKAHAN FASID PERSPEKTIF FIKIH SYAFI’IYAH Aula Yazid, Nur; Al Amin, Habibi
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i1.705

Abstract

In the context of Islamic law, the fulfillment of child support is a primary obligation of parents as regulated by various legal sources, including the Qur'an, Hadith, and the views of both classical and contemporary scholars. However, issues arise when the child is born from an invalid marriage, known as nikah fasid. Nikah fasid refers to a marriage that does not fulfill one or more conditions and pillars required by Islamic law, rendering it null or invalid. This study is a qualitative literature review. The data in this research is analyzed descriptively. The primary sources for this study are the texts of the Shafi'i school of thought. Data were collected through documentation methods, selected, and analyzed using content analysis. The validity of the data was ensured through extensive literature review and sufficient references to enhance the credibility of the research findings. The results of the study indicate that, according to Shafi'i jurisprudence, from the perspective of the contract, an invalid marriage does not obligate the provision of financial support. However, considering the status of the child born from such a marriage, whose lineage is still attributed to the biological father, financial support must still be provided to protect the child’s rights in accordance with Islamic teachings.
ANALISIS SURAT EDARAN MAHKAMAH AGUNG NO. 3 TAHUN 2018 TENTANG HAK NAFKAH IDDAH BAGI ISTRI CERAI GUGAT Muniarti, Dewi; Maryam Qurotul Aini, Siti
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i1.706

Abstract

Marriage is a crucial social institution that serves religious, social, and legal purposes. In Islam, marriage is considered a sacred bond, governed by strict principles that ensure the rights and responsibilities of both husband and wife. Divorce, as a legal and religious concept, is permissible in Islam under specific conditions to prevent harm and injustice in marital relationships. This study focuses on the concept of khulu’, a form of divorce initiated by the wife with compensation provided to the husband, and its application in Islamic law and Indonesian legal frameworks. The research employs a qualitative normative approach, analyzing laws and regulations, religious doctrines, and scholarly interpretations related to marriage, divorce, and khulu’. Primary sources include Indonesian legislation such as Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and Supreme Court Regulation (PMA) No. 3 of 2017. Secondary sources consist of books, journal articles, and scholarly works on family law in Islam. Findings reveal that Islamic law provides structured mechanisms for divorce, including khulu’ and fasakh, to ensure justice and protect the welfare of both parties. Indonesian law complements these provisions by regulating post-divorce rights, such as nafkah iddah (maintenance during the waiting period) and mut'ah (consolatory gift). However, challenges persist in the practical implementation of these rights due to limited public awareness, societal stigma against women who initiate divorce, and weak enforcement of court rulings. This study underscores the importance of integrating Islamic principles and modern legal frameworks to uphold justice and equality in marital and post-marital relationships. It highlights the need for greater public education and legal reform to address existing gaps in the protection of women's rights in divorce cases.
MAHAR PERNIKAHAN MENGGUNAKAN SAHAM SEBAGAI PERKEMBANGAN HUKUM ISLAM: KOMPARASI PERSPEKTIF IMAM SYAFI’I DAN IMAM QUDURI Mustakim, Ahmad; Muda'i, Syaiful; Hakim, Lukman
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i1.707

Abstract

The dowry (mahr) is a consequence of the marriage contract, traditionally given in various forms, such as property, teaching Qur'an, or other valuable contributions. However, societal dynamics have introduced new forms, including shares as dowry. This study explores the legality and minimum value of shares as dowry according to Imam Shafi'i and Imam Quduri. The research employs a qualitative library study with primary sources including al-Umm by Imam Shafi'i and al-Quduri by Imam Quduri, and secondary sources such as Bidayatul Mujtahid and Roudhatut Thalibin. Data is collected through documentation and analyzed using content analysis. Imam Quduri considers shares valid as dowry, setting a minimum value of ten dirhams (approximately Rp. 42,494.29). If the shares are below this amount, the dowry is invalid and must be replaced with a mahr mithil (customary dowry). He emphasizes preserving the dignity of the bride. Imam Shafi'i, referencing Surah al-Baqarah (2:237) and relevant hadiths, adopts a more flexible stance, allowing shares as dowry without specifying a minimum value. Both scholars base their views on the Qur'an and Hadith but differ in interpretation, reflecting a textualist approach. This study highlights the evolving understanding of dowry in Islamic jurisprudence.
OTORITAS ORANG TUA DALAM MEMAKSA KAWIN ANAK USIA DIBAWAH 21 TAHUN MENURUT KHI Hafidz Miftahuddin, Abdul
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i1.708

Abstract

Marriage is a sacred institution in Islam, but the phenomenon of forced marriage, especially against minors, still occurs in Indonesian society. This article discusses the authority of parents in forcing child marriage based on the perspective of Islamic law and positive law in Indonesia. Based on Law Number 16 of 2019, the minimum age for marriage is 19 years, but violations in the form of early marriage for reasons of custom, economy, or family honor still often occur. In Islam, marriage must be based on the consent of both parties, as stated in the Compilation of Islamic Law (KHI) Articles 16 and 17. Forcing marriage without the consent of children is contrary to the principles of individual freedom and human rights. This article also examines the negative impacts of forced marriage on children's physical, psychological, and social well-being, such as the risk of divorce, loss of education rights, and reproductive health disorders. As a solution, it is necessary to increase legal awareness, formal education, and gender equality to prevent the practice of forced marriage. This study emphasizes the importance of involving children in decision-making related to marriage in order to realize a sakinah, mawaddah, and rahmah family life according to Islamic teachings and state law.
PENENTUAN AWAL DAN AKHIR MASA ‘IDDAH OLEH PENGHULU DALAM BINGKAI KEARIFAN LOKAL HUKUM KELUARGA ISLAM Nisak, Khoirotun; Rahmania Kusumawati , Ita
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i1.709

Abstract

The waiting period that women undergo after divorce or the death of their husband ('iddah) is regulated by religion in sharia law. The length of this waiting period varies depending on the case (living divorce or dead divorce). There are cultural differences regarding determining the iddah period using a divorce certificate dated AD and Hijri, which then gives rise to legal problems regarding the application of these provisions in various Religious Affairs Offices (KUA). With a qualitative approach and data taken through observation, interviews, and documentation, this can be overcome because religious law (Compilation of Islamis Law or KHI) and culture law (local wisdom) are interrelated. The results of the research show that the eight (KUA) in Jombang Regency all determine the start of the 'iddah period from the termination of a case in the divorce deed, and for women whose husband dies, the first day of iddah is the day of the husband's death. In practice, the eight KUAs in Jombang Regency do not have obstacles related to culture and local wisdom in interpreting the 'iddah period because all elements in the KUA have agreed not to provide personal interpretations and opportunities to differ in opinion, although in its implementation in society there are still several conditions. which causes difficulties for women in carrying out the 'iddah period, such as economic helplessness and lack of support from ex-husbands or families of women who are undergoing the 'iddah period.
PENUNDAAN KEHAMILAN DENGAN CARA ‘AZL PERSPEKTIF M. QURAISH SHIHAB Rohman Wahid, Abdur
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i2.460

Abstract

In the implementation of pregnancy regulation or family planning, one of the methods is through the practice of 'azl. The postponement of pregnancy in the Qur'an and Hadith is not explicitly explained regarding its definitive legal status and falls under contemporary issues. In the matter of 'azl, there are differing opinions among scholars, some permitting it and others prohibiting it. The results of research on the legality of postponing pregnancy through 'azl from the perspective of M. Quraish are as follows: 'Azl is the act of a husband ejaculating his sperm outside the wife's womb to prevent pregnancy. According to M. Quraish Shihab, postponing pregnancy through 'azl is permissible if it is not accompanied by coercion. The legal basis used by Istinbāṭ M. Quraish Shihab includes HR. Muslim no. 3634.
ASET DIGITAL SEBAGAI OBJEK WARIS: Telaah Yuridis dan Fikih terhadap Cryptocurrency di Indonesia Huda, Afiful; M. Misbahul Amin
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i2.740

Abstract

The development of digital technology has given rise to new forms of wealth that are non-physical yet possess high economic value, one of which is cryptocurrency. This article aims to analyze the position of cryptocurrency as an inheritance object from the perspective of Indonesian positive law and Islamic inheritance jurisprudence (fiqh al-mawaris). Using a normative legal research method, this study employs legislative and conceptual approaches to examine applicable regulations as well as classical and contemporary fiqh literature. The findings indicate that, legally, cryptocurrency in Indonesia is recognized as a legitimate digital commodity that can be owned and traded, thus qualifying as inheritable property under civil law. Meanwhile, in Islamic jurisprudence, crypto can be considered mal mutaqawwim (legally valid wealth) that is permissible to inherit, provided it is obtained lawfully and has beneficial value. However, the inheritance process for crypto requires proper access management and documentation to ensure effective transfer to heirs. Therefore, there is a need for regulatory reinforcement and education in digital inheritance planning that aligns with both national legal principles and sharia provisions.
PENDEKATAN SIYASAH SYAR’IYYAH & TAKHSHIS AL-QHADHI DALAM REFORMASI HUKUM KELUARGA DI NEGARA PAKISTAN Ubaidillah, M. Burhanuddin; Mir’atul Hayah; Muhammad Sholahuddin
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i2.774

Abstract

The relationship between divine revelation (wahy) and reason (aql) must be positioned eclectically, complementing and supporting one another. This approach, as practiced by various countries in family law reform, aims to harmonize text and context. The transformation of Islamic law into positive law serves as an alternative solution to legal issues arising in society. Philosophically, if Islamic law remains stagnant, the gap between ideal and reality will widen, potentially leading to public frustration. Reconstruction is needed not only at the level of legal products (fiqh) but also in methodology (usul al-fiqh) to create an effective legal system. Abdullahi al-Na’im categorizes Islamic legal reform, particularly in family and inheritance law, into four models: (1) Takhshis al-Qadli (the authority of rulers to adjudicate and enforce court decisions), (2) Takhayyur or Talfiq (selection and combination of legal opinions), (3) reinterpretation of religious texts, and (4) siyasah shar’iyyah (state policies that align with Sharia). This article focuses on siyasah shar’iyyah and Takhshis al-Qadli in family law reform in Pakistan, the second-largest Muslim country. The study begins with an analysis of Pakistan’s historical and socio-cultural context, followed by its family law reform methods. The discussion covers reforms in polygamy laws, marriage registration, underage marriage, unilateral divorce, and dowry (mahr) and marriage expenses.
PEMBAGIAN HARTA GONO GINI AKIBAT PERCERAIAN PERSPEKTIF HUKUM ISLAM Anggi Widiyastuti; Siti Fatimah; Abd. Basit Misbachul Fitri; Sandi Ferdy Yulianto
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i2.775

Abstract

This study examines harta gono gini (joint marital property) as shared assets acquired during marriage, analyzed through the Islamic legal concept of syirkah (partnership). The research explores how joint property is formed through spousal collaboration in livelihood, despite differing roles, and how it should be divided post-divorce to ensure fairness. Using a qualitative approach, this study analyzes religious and customary perspectives on asset distribution, emphasizing equity and local traditions (urf). Findings indicate that harta gono gini includes assets jointly earned during marriage, while individually acquired or inherited property remains separate. The study concludes that Islamic principles and socio-cultural norms must be balanced to achieve just solutions in marital property disputes.
REORIENTASI HUKUM POLIGAMI: KAJIAN METODOLOGI DAN WACANA KEILMUAN NASR HAMED ABU ZAID Arofik, Slamet; Imam Annas Mushlihin
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2025): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i2.814

Abstract

This study examines the patterns of thought, methodology, and scholarly discourse of Nasr Hamid Abu Zayd, a contemporary Islamic thinker known for promoting a hermeneutical approach to Qur’anic studies. The research focuses on analyzing Abu Zayd’s concept of the relationship between text, context, and reader in interpreting the Qur’an historically and dynamically, particularly regarding the issue of polygamy. Employing a qualitative approach and literature analysis method, the study explores how Abu Zayd emphasizes understanding the Qur’an as a cultural product (manhaj al-thaqāfī), requiring interpretation that considers its social, historical, and political contexts. The study also highlights his critique of traditional approaches, which he views as insufficiently responsive to modern developments. The findings reveal that Abu Zayd’s methodology allows for an inclusive and progressive reading of the Qur’an, though it remains controversial among scholars. The study concludes that, according to Abu Zayd’s interpretation, polygamy is not permissible.

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