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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 6 Documents
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Search results for , issue "Vol 5 No 2 (2021): Usroh" : 6 Documents clear
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
ANALISIS FIQH MUNAKAHAT TERHADAP PENUNDAAN PERNIKAHAN DI TENGAH WABAH CORONA VIRUS DISEASE 2019 DI KENTEN LAUT KECAMATAN TALANG KELAPA KABUPATEN BANYUASINN) Rini Anggraini; Armasito Armasito
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 2 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

From the results of this study, it can be seen: The delay of marriage in the midst of the Covid-19 outbreak in Kenten Laut Village, Talang Kelapa District, Banyuasin Regency was motivated by several things, namely a circular letter from the minister of religion, prospective husbands who were out of town, and wanted to hold a big reception. -magnitude. The postponement of marriage in the midst of the Covid-19 outbreak in Kenten Laut Village, Talang Kelapa District, Banyuasin Regency, in Islamic law, the marriage law is Mubah. It is said to be permissible because to prevent the spread of the Covid-19 virus so that there is no process that can bring people together to hold a wedding reception, Islamic law teaches us to do better things than harm. The method used in this research is qualitative, while the type of research isfield research. While the data sources are divided into two, namely primary and secondary data. Furthermore, in data collection using interviews, literature and documentation and then analyzed usingmethods qualitative descriptive. Keywords: Marriage, Delay, Fiqh Munakahat
TINJAUAN FIQIH MAWARIS TERHADAP PEMBAGIAN WARIS SAUDARA LAKI-LAKI SEKANDUNG DI DESA PENGARAYAN KECAMATAN TANJUNG LUBUK KABUPATEN OGAN KOMERING ILIR OKI Lulu Allyatu Al Aulia; M Zuhdi Imron; Yusida Fitriyanti
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 2 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Inheritance in Islam has a very clear source of law in the Al-Quran and Hadith, but there are still many Muslim communities who carry out inheritance practices not based on Islamic inheritance law but make custom as the law that applies to the local community. This also happens to the people of Pengarayan Village, Ogan Komring Ilir where according to tradition only the descendants of the eldest son can control the inheritance from the heir if when the heir dies and there is no male heir, then the heirs of the simayit inherit the property. passed to the eldest simayit simayit even though he was still another heir. This research method uses field research methods, the source of the data used is the primary data source obtained from interviews with respondents in the field, then secondary data is obtained from books and scientific works. Data collection techniques are direct interviews, field surveys and documentation. The data analysis used is inductive qualitative, namely drawing conclusions from general statements drawn from specific statements. Then the results of the study were obtained, namely: the implementation of the distribution of the inheritance of the Pengarayan Village community based on the tradition of the distribution being carried out by family deliberation, where only male descendants distribute and control the inheritance. If there is no son, he will support a simayit simayit who will control all the inheritance, for female heirs such as mother, wife and daughters, they do not get the inheritance. Keywords :Tradition, Siblings, Islamic Inheritance Law

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