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Usroh: Jurnal Hukum Keluarga Islam
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : 26151057     EISSN : 28100905     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Family Law Islamic Family Law Family Study Legal Drafting of Islamic Civil Law Customary Law Sociological Law Marriage and Gender Issue Islamic Inheritance Law History of Islamic Family Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 48 Documents
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HAK MEMILIH ALAT KONTRASEPSI PERSPEKTIF GENDER DAN HUKUM ISLAM Kms Al Fathur Ihsan; Syahril Jamil; Sandy Wijaya
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Using of the contraceptives in household cases between husband and wife is still a gender gap, as the impact of contraceptive use causes some repercussions for some womenFrom this background, the writer formulates the problem as follows: What are the obstacles in choosing contraceptives for married couples from a gender perspective? What is the perspective of Islamic law on the right to choose contraceptives for married couples. The research method is normative research. Data collection is carried out by a library process, namely through research originating from laws and regulations, books, official documents, publications, and research results, the data is analyzed descriptively qualitatively, then conclusions are drawn using the deductive method, namely drawing conclusions from general to specific. The obstacle in choosing contraceptives was due to the inappropriate number of contraceptives for men and women, namely two versus five. Program policy makers were not yet gender sensitive and women did not have the power to decide contraceptive methods, resulting in dependence on husband's decisions. The perspective of Islamic law on the right to choose contraception is permissible as long as it has the motivation to regulate the birth spacing in order to create a sakinah mawaddah warahmah family Keywords: Keluarga Berencana, Contraceptive Devices, Islamic Law
PERNIKAHAN SAKINAH MAWADDAH WARAHMAH BAGI PENYANDANG TUNANETRA (STUDI KASUS KAMPUNG TUNANETRA KECAMATAN ILIR TIMUR 2 PALEMBANG) Silfa Afriyani; Arne Huzaimah; Napisah Napisah
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

A marriage aims to create a sakinah, mawaddah, warahmah household life. From this goal it becomes a desire for every married couple, as well as for blind couples. So this research the authors formulate the problems, namely: (1) how to understand the family sakinah, mawaddah, warahmah for blind couples (2) how are the efforts to form a sakinah, mawaddah, warahmah household for blind couples. This research method uses field research methods (field research), the data sources used are primary data sources obtained from interviews with respondents in the field, then secondary data obtained from books and scientific papers. Data collection techniques are direct interviews, field survey and documentation. The data analysis used was qualitative inductive, namely drawing conclusions from general statements drawn to specific statements. From the results of the research that has been done, it can be concluded that: (1) Understanding the sakinah, mawaddah, warahmah family for blind couples is a family that is peaceful, peaceful, gives love to all family members, is always grateful to Allah SWT, can solve problems by well and of course support each other. (2) As for how to form a sakinah, mawaddah, warahmah family, namely by promoting a sense of love and affection between family members, understanding each other, understanding, appreciating, not demanding more of each other, establishing good communication, and always solving problems by giving in to each other. so that things that are not desirable happen. Key words: Visually impaired, family, sakinah mawaddah warahmah
ANALISIS PENERAPAN ASAS GUGATAN KURANG PIHAK (PRULIUM LITIS CONSORTIUM) SEBAGAI ALASAN HAKIM MENOLAK GUGATAN WARIS (Studi Putusan Nomor 0735/Pdt.G/2015/PA.Bgr) Jeri Ariansyah; Siti Rochmiatun; ifrohati ifrohati
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Religious Courts, as seeking justice for interested parties, in legal parties that are often encountered regarding war lawsuits. The judge is of the opinion that all heirs must be included in the inheritance lawsuit as subjects. In the case of inheritance, an error occurred in the investigation regarding the parties involved in the Religious Courts. an error in the inheritance lawsuit so that the lawsuit cannot be accepted by the judg(prulium litis consortium). Type of research library research, using a conceptual and legal approach. Types of data from qualitative data, legal materials: primary law, secondary law, and tertiary law. Qualitative descriptive analysis technique. The subject in the case of inheritance of decision 0735/Pdt.G/2015/PA.Bgr there are 3 heirs, parties in the case are only the first child as defendant, the third child as plaintiff. In addition, there are parties who should be included in lawsuit as co-defendants who control the inheritance because of the ownership rights by way of buying and selling between the first child as the seller, and the third party as buyer. application of the prulium litis consortium principle that judge has erroneously applied this principle so that the second heir who will be appointed as a co-defendant. Key words: Prulium Litis Consortium, Heirs, Religious Court
TANAH ABSENTEE DARI WARISAN KELUARGA DI DESA DAYA MURNI JALUR 16 MUARA SUGIHAN BANYUASIN DALAM PERSPEKTIF HUKUM KELUARGA ISLAM Eka Rustiana; Heri Junaidi; Antoni Antoni
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Absentee Land from Family Heritage In Daya Murni Village Jalur 16 Muara Sugihan Banyuasin In The Perspective of Islamic Family Law, problem that occurred in the community about absentee inheritance land that isn’t directly utilized by the heirs but managed by the community. Based on this, this study will further examine it on How to empower and review Islamic Family Law on absentee land from heritage in Daya Murni Village Jalur 16 Muara Sugihan. The research method used is field research, the data source used is the primary data source obtained from interviews with respondents in the field, then secondary and primary data. Using qualitative descriptive methods, then analyzed to determine Islamic family law against the prohibition of absentee land ownership and it's utilization. research stated, Absentee land obtained from the heritage in the Village Daya Murni Line 16 Muara Sugihan isn’t in line with the Basic Agrarian Law of the Republic of Indonesia, economic side of the community isn’t left abandoned and managed village community. Islamic Family Law Review Against the Utilization of absentee land obtained from the inheritance hasn’t awakened the values of sakinah both within the family sphere and in the social sphere. Keywords: Absentee Land, Inheritance, Islamic Family Law
KRITERIA SAKSI DALAM MEMBERIKAN KESAKSIAN YANG BENAR PADA PERKARA PERCERAIAN DI PENGADILAN AGAMA KELAS 1A PALEMBANG Muzakki Mursyad Adib; Duski Ibrahim; Yuswalina Yuswalina
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

This research is entitled Judge's View of Witness Criteria in Providing Correct Testimony in Divorce Cases in Palembang Class 1A Religious Court. The background of this thesis is that the witness evidence is very influential in the netting of the trial. But on the other hand that it is not uncommon for a witness to not mention what happened actually, for certain reasons. This research problem formulation. 1). What is the Judge's View of the Witness Criteria in providing actual testimony on divorce cases in Palembang's Class 1 Religious Court. 2). How is the Judge's View of the Witness Criteria in providing actual testimony on divorce cases according to Islamic Family Law. This research is the type of field research. The type of data used is qualitative data , then primary data is obtained, namely the primary data that directly interviews the judge, secondary data , obtained from several books in the library. Documentation data is carried out as related documents about the testimony in the event at the trial. After conducting this research, the conclusions can be drawn, namely: 1). The criteria for testimony in a trial in a court is to refer to the applicable procedural law in the court, and the judge's basis for trial is the content of the lawsuit. 2). The criteria in Islamic Family Law that refer to Islamic Jurisprudence is to have honesty and not cover up the truth. Keywords: Divorce, Witness, Islamic Law
ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA PALEMBANG TENTANG PEMBATALAN PERKAWINAN MENURUT HUKUM ISLAM Erik Rahman Gumiri
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

The issue of abolition of wedding is one of issue in family. For islamic the cancellation of wedding mentioned as fasakh. Fasakh is the abolition of the agreement of marriage because of the abolition occurs when the terms and pillars of marriage uncomplete in a marriage. The effect of the abolition in a marrige made the bond between spouse is disengaged from the court of judgement. The object study of this research is number of decision from: 0457/Pdt.G/2011/PA.Plg). This research desire to explain what about to be the primary consideration from judge in the court of religious in Palembang to decide and grant suit into number of decision from: 0457.Pdt.G/2011/PA.Plg and how perspective of islamic law towards primary decision of the judge into number of decision from: 0457/Pdt.G/2011/PA.Plg. The research discover that the primary of judge’s decision to decide and grant suit of abolition of marriage from number of decision from: 0457.Pdt.G/2011/PA.Plg is due to the wedding between petitioner and defendant to be held by illegitimate guardian, which is in this issue that to be wedding guardian is the assistant of note-taker of marriage (P3N) who claim as guardian judge whereas P3N is not guardian judge. As for the perspective of islamic law towards primary of judge’s consideration to decide case of the abolition of wedding is based on Syafi’i sect, the guardian of wedding as the valid requirement, if wedding without the guardian, or wedding without the guardian’s permit or any guardian but have no right to be guardian wedding, therefore a wedding have to be abolished. Key Words: Religious Court Decision, Cancellation of Marriage, Fasakh, Islamic Law.
PEMBERIAN NAFKAH TERHADAP MANTAN ISTRI MENURUT PEMIKIRAN ASGHAR ALI ENGINEER Pebri Ardiansyah; Arne Huzaimah; Napisah Napisah
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 2 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

When a divorce occurs between a husband and wife, it creates obligations that must be obeyed by a husband and wife, and these obligations include for an ex-husband to provide a living for the ex-wife who has been divorced. according to his ability), the provision of a living is as a consolation during the 'iddah period, this is different from Asghar's opinion, which according to him, providing a living for a divorced ex-wife, not only during the 'iddah period, but until the ex-wife remarries or dies. World Regarding the provision of a living for the ex-wife, the author tries to find the subject matter that can answer the problem, namely by looking at the views of Asghar Ali Engineer regarding the provision of a living for his ex-wife, and how Islamic law reviews the views of Asghar Ali Engineer regarding the provision of a living for his ex-wife. Wife. Based on these main issues, after a theoretical study of the problems that arise, the opinion of Asghar Ali Engineer regarding the provision of a living for his ex-wife is that there are several who are entitled based on the criteria. The criteria for ex-wives who are entitled to a living from their ex-husband are women who are unable to take care of themselves (poor), women who are very old in age, women who have no family (relatives), because it is far from a sense of justice if a woman who has been divorced there is no one to provide for her. Based on QS. Al-Baqarah (2):241, which relates to providing a living for ex-wives, namely Mata'ah and Ma'ruf, the Qur'an says that they must not only be released in a good way (Ma'ruf) but supplies (Mata'ah) is also provided in a good way too.
PERNIKAHAN DALAM MAHRAM MUSHAHARAH DI DESA MEKARJAYA KECAMATAN BUAY PEMACA KABUPATEN OKU SELATAN Annisa Nurbaiti; M Tamudin; Sandy Wijaya
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 2 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Marriage in mahram mushaharah is a marriage that is prohibited in Islam according to the word of Allah SWT. in Qs.An-Nisa verse 23 about mahram muabbad which means people who are forbidden to be married forever. However, marriages in this mushaharah mahram are still found in Mekarjaya Village, Buaypemaca District, South OKU Regency. This research is a field research that is conducting interviews and direct observations of the object of research using a qualitative approach. And supported by primary and secondary data sources. All the data is arranged systematically and then a conclusion is drawn in relation to the problem under study. Marrying a stepdaughter is not allowed under Islamic law, if there has been dukhul with his biological mother, as in the opinion of the majority of scholars. Meanwhile, Ibn Hazm has another opinion, namely that it is permissible to marry a stepdaughter even though there has been dukhul as long as the stepchild is not under the care of his stepfather. As Ibn Hazm has stated in his book Al-Muhalla bil Atsar that the cause of kemahraman between the stepchild and his stepfather if it has fulfilled two absolute conditions simultaneously, namely dukhul and hujur. If one of them is not fulfilled, then it cannot be said to be a mahram. So that his stepdaughter is lawful for his stepfather to marry. As in the case that the researcher has encountered, the marriage of Tejo and Tiwi when viewed from Ibn Hazm's opinion is legally permissible. While the marriage of Yanto and Yuna is not allowed/forbidden, both according to the opinion of the majority of scholars and Ibn Hazm.
STUDI PEMIKIRAN SITI MUSDAH MULIA TERHADAP TINDAK PEMUKULAN KEKERASAN RUMAH TANGGA SEBAGAI ALASAN TAHAPAN PERCERAIAN DALAM HUKUM ISLAM Uswatun Hasanah; Donny Meilano
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 2 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Problems arise between husband and wife who cannot fulfill their role in domestic relations, both behavior and attitudes to control themselves are difficult to implement, instead, divorce and occur when inequality, disharmony and strife between husband and wife can lead to acts of violence. This study uses a library research type of research method, obtained from secondary data sources. To obtain secondary legal sources, the legal source approach is used, namely primary, secondary and tertiary data. The data that has been obtained is processed and analyzed using deductive, inductive and qualitative descriptive methods. The results of the analysis of this study in the Qur'an to overcome the actions of the wife who are nusyuz through the first three stages the husband must first advise the wife so that the wife is aware that her actions have violated the rules in the household, if this does not make the wife aware then the husband is recommended to do the second stage by separate beds so that the wife is aware that her actions have violated the rules, but if it does not work then it is permissible to hit with a note that it does not hurt, hitting with a part that does not harm his wife such as the calf. Meanwhile, Siti Musdah Mulia is of the opinion that she does not recommend beatings because it is feared that beatings can result in domestic violence if it occurs continuously and can reach the stage of divorce.
IMPLEMENTASI PENDAFTARAN NIKAH SECARA ONLINE PADA MASA PANDEMI COVID-19 BERDASARKAN PERATURAN MENTERI AGAMA NOMOR 20 TAHUN 2019 TENTANG PENCATATAN PERKAWINAN Resi Selvia; Zuraidah Azkia
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 2 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

The occurrence of the Covid-19 virus has made people carry out all activities at home so that face-to-face-based activities are transferred online, one of which is marriage registration. The Director General of Islamic Community Guidance at the Ministry of Religion ensures that marriage registration services continue to run, marriage registration for prospective brides can be done online through the simkah.kemenag.go.id page. The formulation of the problem in this thesis (1) How is the Implementation of Online Marriage Registration During the Covid-19 Pandemic Based on the Regulation of the Minister of Religion Number 20 of 2019 concerning Marriage Registration at the Office of Religious Affairs (KUA) East Baturaja District, Ogan Komering Ulu Regency. (2) What are the Factors Affecting the Enactment of Minister of Religion Regulation Number 20 of 2019 concerning Marriage Registration at the Office of Religious Affairs (KUA) East Baturaja District, Ogan Komering Ulu Regency. This research is a field research using the type of data in this study is qualitative data, the data sources used are primary data, secondary and tertiary data, and the data obtained will be analyzed descriptively qualitatively, then will be concluded deductively. Based on the results of the study, it was found that, (1) Marriage Registration During the Covid-19 Pandemic at the Office of Religious Affairs, East Baturaja District, Ogan Komering Ulu Regency which had implemented a web-based marriage registration system through simkah.kemenag.go.id. done online. According to Circular Letter Number P-006/DJ.III/Hk.007/2020 concerning Marriage Services Towards a Covid-Safe Productive Society on the latest marriage registration through the SIMKAH program during the Covid-19 period where this online-based marriage registration system uses (e-KTP) and can be registered by themselves, but the prospective bride and groom must also come to the Office of Religious Affairs to submit the file to be checked/checked for truth which before the Covid-19 pandemic registration was still done manually. (2) The factors that influence the enactment of the Minister of Religion Regulation Number 20 of 2019 concerning Marriage Registration are the first due to the Covid-19 pandemic so that a website-based computer application with an online system is applied, namely the Marriage Management Information System (SIMKAH), which is useful for collecting data- marriage data from all Religious

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