The focus of USRAH: Jurnal Hukum Keluarga Islam is to contribute to the development of a deeper understanding of Islamic Family Law through scholarly works, offering a platform for articles and research reports that explore various aspects of Islamic Family Law, gender discourse, and the legal drafting of Islamic civil law. The journal aims to actualize and expand knowledge in these areas, promoting a better understanding of Islamic legal principles, particularly in the context of family life. USRAH: Jurnal Hukum Keluarga Islam covers a wide range of research topics within Islamic Family Law, including the study of Islamic Family Law itself, gender discourse in Islam, and the process of legal drafting in Islamic Civil Law. The journal also addresses Islamic jurisprudence in family matters, the relationships between Islam and gender, as well as both the normative and practical aspects of Islamic Family Law. USRAH: Jurnal Hukum Keluarga Islam was published by LPPM Institut Ahmad Dahlan Probolinggo, four times a year, in January, April, July and October. This journal invites contributions from both academic and practical perspectives, with a focus on how Islamic Family Law is applied in society. It also explores the various ways in which this area of law interacts with and impacts the everyday lives of Muslims. USRAH: Jurnal Hukum Keluarga Islam (E-ISSN: 2747-1403) |, (P-ISSN: 2747-1411)
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ISLAMIC LEGAL REFORM BASED ON MAQĀṢID SYARĪ‘AH: A STUDY OF AL-GHAZĀLĪ’S THOUGHTS AND ITS RELEVANCE IN THE CONTEXT OF INDONESIAN FAMILY LAW
This article examines the renewal of Islamic law based on maqāṣid al-syarī‘ah in al-Ghazālī's thinking and its relevance to Islamic family law in Indonesia. In al-Mustaṣfā, al-Ghazālī emphasizes the five main goals of the Shari'a: protecting religion, soul, reason, offspring, and property. However, regulations such as Law no. 1 of 1974 and the Compilation of Islamic Law (KHI) still rely on classical jurisprudence which is not yet fully adaptive to social change. This research uses a normative-philosophical approach with literature study to explore how the concept of maqāṣid can be the basis for family law reform. The results of the study show that maqāṣid in al-Ghazālī's framework provides direction for reforming family law on issues of gender justice, children's rights, unilateral divorce, and marriage age limits. This approach emphasizes the importance of the substance of benefits in establishing law, not just the textuality of the arguments. Thus, maqāṣid becomes a strategic foundation in building Islamic family law in Indonesia that is more responsive, fair and contextual.
Copyright (c) 2025 Abdul Majid https://creativecommons.org/licenses/by-nc-sa/4.0
TRADISI PANTANGAN MENIKAH DI ANTARA KHUTBAH IDULFITRI DAN IDULADHA: ANALISIS FENOMENOLOGI DALAM MASYARAKAT TANOYAN UTARA
The purpose of this study is to investigate the history of the custom of forbidding marriages between the sermons of Eid al-Fitr and Eid al-Adha. Additionally, it will examine how the Tanoyan Utara community and Islamic law see this custom. Through in-depth interviews, observation, and a survey of the literature, this study employs a qualitative methodology with a phenomenological analytic method. The results show that the restriction is not based on Islamic law texts but comes from deep-rooted beliefs shaped by social influences, traditional recognition, and stories passed down through generations. While the younger generation prefers to take a more logical stance based on Islamic legal evidence, the older generation sees this tradition as a cultural heritage that needs to be honored. From an Islamic legal standpoint, according to Islamic law, the custom of not getting married between the two Eids has no legitimate legal foundation. On the contrary, Islam forbids the belief in unlucky periods (ṭiyārah) and promotes the idea that marriage should not be postponed without good cause
Copyright (c) 2025 Senta Febriya Paputungan Paputungan, Yusdi Haq https://creativecommons.org/licenses/by-nc-sa/4.0
WANITA SEBAGAI PENCARI NAFKAH UTAMA DI KARAWANG:PERSPEKTIF HUKUM KELUARGA ISLAM INDONESIA
The obligation to provide financial support arises as a consequence of the marriage contract. In Islamic law, the primary responsibility for earning a livelihood lies with the husband. However, over time, this role has gradually shifted, especially as women increasingly participate in the workforce. Karawang ranks as the second highest region in Indonesia in terms of minimum wage (UMK), which attracts a large number of workers, including women, from various areas.This study aims to identify the factors that lead women to become the primary breadwinners in Karawang, analyze the implications of this role, and examine its legal status from the perspective of Islamic Family Law in Indonesia. The research employs a descriptive qualitative approach, collecting data through interviews via Google Forms with 18 female workers in Karawang who act as primary providers for their families. The findings reveal two key driving factors: external and internal. This dual role brings various implications, including economic impacts on the family, relationship conflicts, and expectations for governmental support and protection for female workers. This issue falls within the realm of contemporary Islamic jurisprudence (fiqh), which remains subject to scholarly debate due to the absence of explicit textual evidence. Nevertheless, based on Islamic legal principles and Indonesian positive law, women's employment is generally considered permissible (mubah).
Copyright (c) 2025 Nira Arum Sari, Witia Oktaviani https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLIKASI DUKUNGAN PASANGAN TERHADAP PRESTASI AKADEMIK MAHASISWA MENIKAH: STUDI KASUS PADA MAHASISWA STDIIS JEMBER
This study examines the impact of marriage on student academic achievement at STDI Imam Syafi'i Jember, focusing on spousal support in balancing home and academic life. Using a qualitative approach, this study explores the adaptation strategies of married students, as well as providing contextual insights and recommendations for support policies for married students in achieving optimal achievement. The method used was a case study to understand the experiences of married students at STDI Imam Syafi'i Jember. Respondents were active married students who were willing to participate. Data were collected through interviews to explore the influence of spousal support on academic achievement, focusing on the complex social phenomena in their lives.The results revealed that spouses' attitudes towards the dual roles of married students had a significant effect on emotional and practical support, which helped them face academic challenges. This support increases motivation to study, time management, and emotional well-being, which contributes to better academic performance, including an increase in Grade Point Average (GPA) and the ability to manage responsibilities. This study shows that spousal support, both emotional and practical, plays an important role in the academic performance of married students, so campuses need to provide appropriate support programs.
Copyright (c) 2025 Wahyu Wijayanto https://creativecommons.org/licenses/by-nc-sa/4.0
PEMAKSAAN MENIKAH OLEH ORANG TUA ANGKAT PERSPEKTIF MAZHAB SYAFI'I (STUDI PUTUSAN PA NO. 3298/PDT.G/2024/PA.SMDG)
This study aims to examine the practice of forced marriage by adoptive parents within the framework of Shafi'i jurisprudence, taking Decision No. 3298/Pdt.G/2024/PA.Smdg as a case study. It is a normative legal research employing a qualitative approach. The data were gathered through literature review, using primary legal materials in the form of court decisions, along with secondary legal sources derived from Shafi'i fiqh books and relevant statutory regulations. The findings reveal that the Shafi'i school recognizes the right of ijbar only for biological fathers and grandfathers, thereby excluding adoptive parents acting as guardians (kafalah) from holding such authority. In this case, the panel of judges annulled the marriage due to the absence of the bride’s consent, as stipulated in Article 6 of Law No. 1 of 1974 and Article 71 letter (f) of the Compilation of Islamic Law. This decision illustrates the alignment between positive law and sharia principles, particularly the maxim ad-dhararu yuzal (harm must be eliminated), to ensure the protection of individual rights in marriage.
Copyright (c) 2025 Adnan Maulana, Deni Irawan https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Praktik Walimah Dengan Pemisahan Tamu (Studi Kasus Pernikahan Mahasiswa STDI Imam Syafi’i Jember)
Abstrak Penelitian ini bertujuan untuk menganalisis praktik walimah dengan pisah tamu dalam perkawinan mahasiswa STDI Imam Syafi'i Jember dan mengkaji dampaknya dari perspektif aturan Sadd Adz-Dzari'ah. Penelitian ini menggunakan metode kualitatif dengan pendekatan studi kasus kepada beberapa pasangan mahasiswa yang melangsungkan perkawinan pada masa penelitian. Hasil penelitian menunjukkan bahwa terdapat tiga bentuk utama praktik pisah tamu yang diterapkan, yaitu: (1) pisahkan tempat duduk tanpa menggunakan jilbab atau cadar, (2) pisahkan dengan jilbab atau cadar sebagai pembatas antara laki-laki dan perempuan, dan (3) pisah dengan menggunakan ruangan atau lokasi yang berbeda. Adapun dampak praktik ini ditinjau dari aturan Sadd Adz-Dzari'ah yang menunjukkan nilai-nilai positif, antara lain mencegah ikhtilat (percampuran bebas), menjaga pandangan, dan mengidolakan syiar Islam. Oleh karena itu, praktik ini dipandang sebagai upaya preventif yang sejalan dengan prinsip-prinsip syariah dan patut dijadikan contoh dalam pelaksanaan walimah sesuai tutunan Islam. Kata Kunci : walimah; tamu tamu; saad adz dzari'ah Abstrak Penelitian ini bertujuan untuk menganalisis praktik walimah dengan wawancara tamu dalam pernikahan mahasiswa STDI Imam Syafi'i Jember serta menelaah dampaknya dari perspektif kaidah Sadd Adz-Dzari'ah. Penelitian ini menggunakan metode kualitatif dengan pendekatan studi kasus terhadap beberapa pasangan mahasiswa yang melangsungkan pernikahan selama masa studi. Hasil penelitian menunjukkan bahwa terdapat tiga bentuk praktik utama konsultasi tamu yang diterapkan, yaitu: (1) verifikasi tempat duduk tanpa menggunakan hijab atau tabir, (2) verifikasi dengan hijab atau tabir sebagai sekat antara laki-laki dan perempuan, dan (3) verifikasi dengan menggunakan ruangan atau lokasi yang berbeda. Adapun dampak dari praktik tersebut meninjau dari kaidah Sadd Adz-Dzari'ah menunjukkan nilai-nilai positif, di antaranya adalah mencegah terjadinya ikhtilat (percampuran bebas), menjaga pandangan, serta mengidupkan syiar Islam. Oleh karena itu, praktik ini dipandang sebagai upaya preventif yang sejalan dengan prinsip-prinsip syariah dan patut dijadikan contoh dalam pelaksanaan walimah yang sesuai dengan tuntunan Islam. Kata kunci : walimah; tamu tamu; saad adz dzari'ah
Copyright (c) 2025 Ibnu Zaid Al Atsari, Yusdi Haq https://creativecommons.org/licenses/by-nc-sa/4.0
PRAKTIK TA’AWUN DALAM RUMAH TANGGA: PEREMPUAN SEBAGAI PENANGGUNG JAWAB EKONOMI KELUARGA DI DESA SUMBERJAMBE
The shifting structure of roles within households continues to evolve alongside the growing involvement of women in sustaining the family's financial needs. This study explores how the Islamic value of ta’awun underpins women’s active participation as primary economic providers within the nuclear family. It aims to portray the lived experiences of women engaged in both informal and formal sectors while interpreting the dual-role dynamics they encounter daily. A mixed-methods approach was employed, combining in-depth interviews, participatory observation, and quantitative data from questionnaires. Contributing factors include financial pressure, the need for self-actualization, and inadequate spousal support—each contributing to dual-role burdens and relational tensions. From an Islamic standpoint, this involvement is considered religiously legitimate and embodies a cooperative spirit rooted in blessing. The findings highlight a transformation in gender roles within the family and emphasize the importance of spiritual values in harmonizing domestic and public responsibilities. Furthermore, the study is expected to provide a foundation for developing family policies that are more responsive to the realities faced by women in contemporary society. Keywords: ta’awun, gender roles, working women, nuclear family, spiritual values Abstrak Perubahan struktur peran dalam rumah tangga terus berkembang seiring dengan meningkatnya partisipasi perempuan dalam menopang kebutuhan ekonomi keluarga. Fokus utama dalam studi ini adalah bagaimana nilai ta’awun menjadi dasar keterlibatan perempuan sebagai penanggung jawab ekonomi dalam lingkup keluarga inti. Penelitian ini bertujuan untuk menggambarkan realitas perempuan yang bekerja di sektor informal dan formal serta menafsirkan dinamika peran ganda yang mereka hadapi dalam keseharian. Pendekatan mixed methods digunakan, memadukan wawancara mendalam, observasi partisipatif, serta data kuantitatif dari angket. Faktor-faktor pendorong di antaranya tekanan finansial, kebutuhan aktualisasi diri, dan lemahnya dukungan pasangan, yang turut menghadirkan tantangan berupa beban peran ganda dan ketegangan relasional. Keterlibatan ini, dalam perspektif Islam, dipandang sah secara syar’i dan mencerminkan nilai kerja sama yang berlandaskan keberkahan. Hasil penelitian menyoroti pergeseran peran gender dalam keluarga serta pentingnya penguatan nilai spiritual dalam membangun harmoni antara tanggung jawab domestik dan publik. Temuan ini juga diharapkan dapat menjadi landasan dalam penyusunan kebijakan keluarga yang lebih responsif terhadap kondisi perempuan di era kontemporer.
Copyright (c) 2025 Zuhdan Ihsan, Ruston Kumaini https://creativecommons.org/licenses/by-nc-sa/4.0
AHLI WARIS PENGGANTI DALAM KHI PASAL 185: INOVASI HUKUM YANG BERTENTANGAN DENGAN PRINSIP HIJAB DAN HUKUM ISLAM (Studi Analisis Putusan Mahkamah Agung Nomor 26/Pst.G/2014/PA.JS)
This study examines the position of substitute heirs (ahli waris pengganti) under Article 185 of the Compilation of Islamic Law (KHI) concerning inheritance rights for grandchildren, focusing on its compliance with Islamic legal sources. The objectives are: (1) to analyze Supreme Court Decision No. 190 K/Ag/2016 on grandchildren’s inheritance, and (2) to evaluate grandchildren’s legal status in Islamic inheritance law. Using a normative juridical method with statutory (KHI) and case approaches, data was drawn from primary sources (Quran, hadith), secondary sources (classical fiqh texts, journals), and court rulings. Findings reveal that the substitute heir concept contradicts classical fiqh principles: (a) absence in Quran/hadith texts, (b) violation of hijab (exclusion) mechanisms as grandchildren are barred by the deceased’s children, and (c) incompatibility with scholarly consensus (ijma’) of major madhhabs. The study proposes obligatory bequest (wasiat wajibah, max. 1/3 of estate) referring to the Hanafi school as a Sharīʿah-compliant solution to ensure justice while preserving fixed inheritance shares (faraid).
Copyright (c) 2025 Muhammad Haula Fiqri, Sabilul Muhtadin https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS FIKIH TERHADAP HAKIKAT OPEN MARRIAGE DAN STATUS HUKUMNYA
This study examines the practice of open marriage from the perspective of Islamic jurisprudence as a form of consensual non-monogamous relationship between legally married spouses. The method employed is qualitative, using a library research approach with descriptive-analytical analysis and textual criticism within the framework of uṣūl al-fiqh. The analysis follows several methodological stages: taṣwīr al-mas’alah (conceptual framing), takyīf al-fiqhī (legal classification), taḥqīq al-manāṭ (validation of legal cause), and istinbāṭ al-ḥukm (derivation of ruling), based on sources from the Qur’an, ḥadīth, scholarly consensus (ijmāʿ), and both classical and contemporary fiqh literature. The findings indicate that open marriage does not fulfill the essential conditions of lawful intimate relations in Islam and resembles pre-Islamic marriage practices abrogated by the Prophet ﷺ. Based on legal maxims such as al-aṣl fī al-abḍāʿ al-taḥrīm and al-ḍarar lā yuzāl bi al-ḍarar, it is classified as zinā muḥarram and al-fawāḥish. Within the framework of maqāṣid al-sharīʿah, it contradicts the preservation of dignity (ḥifẓ al-ʿird), lineage (ḥifẓ al-nasl), and religion (ḥifẓ al-dīn). Academic arguments supporting CNM, emphasizing freedom and consent, are critically assessed as inconsistent with Islamic values. Therefore, open marriage is deemed absolutely prohibited under Islamic law.
Copyright (c) 2025 Tresna Samudra, Akhmad Husaini https://creativecommons.org/licenses/by-nc-sa/4.0
DEPRESI POSTPARTUM DAN KEHARMONISAN RUMAH TANGGA: ANALISIS HUKUM KELUARGA ISLAM BERBASIS STUDI KASUS
Postpartum depression is a serious psychological disorder experienced by some mothers after giving birth and has the potential to disrupt family harmony. This study aims to analyze the effect of postpartum depression on family harmony and explore prevention efforts in the context of Islamic family law. This study employs a qualitative approach using a case study method involving six postpartum mothers and one clinical psychologist as expert informants. Data collection techniques include literature review and in-depth interviews. The results indicate that postpartum depression is triggered by insufficient mental preparedness, limited social support, and cultural and family environmental pressures. Symptoms include sleep disturbances, unstable emotions, and self-harm impulses. The absence of the husband in providing emotional support is a crucial factor exacerbating the mother's psychological condition. Conversely, spiritual approaches such as dzikir, prayer, and self-reflection have proven to bring inner peace and aid in the recovery process. Islamic Family Law emphasizes the importance of the husband's role in supporting his wife physically and emotionally, as well as upholding the principles of mawaddah wa rahmah within the household. This study recommends the importance of premarital and prenatal education, the husband's involvement in child-rearing, fulfilling the wife's right to support and protection within the household, and collaboration between medical and religious approaches in supporting postpartum mothers.
Copyright (c) 2025 Shafa’ Lathifah Zahrah, Ruston Kumaini https://creativecommons.org/licenses/by-nc-sa/4.0
NARSISME ORANG TUA DAN KESEHATAN MENTAL ANAK: ANALISIS MAQASHID SYARIAH
This study aims to examine the impact of parenting styles influenced by Narcissistic Personality Disorder (NPD) on children's mental health through the framework of maqashid sharia. Narcissistic parenting is often marked by excessive control, emotional manipulation, and a lack of empathy, all of which can lead to psychological disturbances in children. Using a qualitative approach, this study reveals that children raised by narcissistic parents are at risk of damage in their emotional, social, and cognitive development. this research promotes a more empathetic and constructive parenting model. Furthermore, muhasabah (self-reflection) is presented as a spiritual solution for parents with narcissistic tendencies, helping them to become more aware, responsible, and emotionally present caregivers. This study contributes to developing a parenting framework that aligns not only with psychological well-being but also with the ethical and spiritual values of Islam, aiming to preserve the overall well-being and moral integrity of children.
Copyright (c) 2025 Sinta Hapsari Julian Putri, Ruston Kumaini https://creativecommons.org/licenses/by-nc-sa/4.0
SINTESIS SOLUSI ISLAM TERHADAP POLA KOMUNIKASI DESTRUKTIF ‘THE FOUR HORSEMEN’ DALAM PERNIKAHAN: KAJIAN TEORETIS DAN PRAKTIS
Destructive communication in marriage is one of the main causes of damaged relationships between spouses. John Gottman identified four negative communication patterns known as The Four Horsemen: criticism, contempt, defensiveness, and stonewalling, which have been proven to predict divorce. This study aims to analyze and synthesize the solutions offered by Gottman through The Antidotes with the principles of communication in Islam. Using a qualitative descriptive approach and a library research method, this study analyzes primary sources from Gottman's theory and widely recognized Islamic references. The findings show that Islamic solutions not only align with Gottman's psychological approach but also reinforce it with spiritual values such as self-reflection (muhasabah), emotional regulation, and mutual consultation (shura). This synthesis offers a more holistic approach to building healthy marital communication that is also spiritually meaningful. The study is expected to enrich the literature on marital communication by integrating modern psychology with Islamic values.
Copyright (c) 2025 Muhammad Fariq Firdaus, Akhmad Husaini https://creativecommons.org/licenses/by-nc-sa/4.0
PEMBATALAN PERKAWINAN KARENA PAKSAAN ORANGTUA DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA (Studi Kasus Putusan Nomor 50/Pdt.G/2025/PA.Btl)
Marriage under the Indonesian legal system is a civil institution that requires the free and voluntary consent of both prospective spouses as a fundamental requirement for its validity. However, social realities reveal that parental coercion remains prevalent, leading to violations of individual autonomy in choosing a life partner. This article analyzes the decision of the Bantul Religious Court, Case Number 50/Pdt.G/2025/PA.Btl, as a case study of marriage annulment due to family pressure. The study aims to examine the ruling from the perspective of Indonesian positive law and Islamic law. Using a qualitative approach through literature review and legal document analysis, the findings indicate that the marriage was annulled because it lacked genuine consent from the petitioner, thereby violating Article 6(1) of the Marriage Law and Article 71 letter f of the Compilation of Islamic Law. In Islamic jurisprudence, fasakh is a legitimate mechanism for annulling marriages conducted under coercion, as the absence of ridha renders the contract invalid. The court's decision reflects not only legal validity but also a strong commitment to safeguarding individual rights, particularly women’s autonomy. This study emphasizes the importance of legal education, institutional support, and social advocacy in preventing forced marriages
Copyright (c) 2025 rosikhun_17r, irsan https://creativecommons.org/licenses/by-nc-sa/4.0
PENGARUH PEMBELAJARAN ILMU PARENTING SEBELUM MENIKAH TERHADAP KEHARMONISAN KELUARGA MASYARAKAT KEBAYORAN BARU
Abstrak Penelitian ini bertujuan untuk mengkaji pengaruh pembelajaran ilmu parenting sebelum menikah terhadap keharmonisan keluarga di wilayah urban, khususnya Kecamatan Kebayoran Baru, Jakarta Selatan. Dengan menggunakan pendekatan kualitatif deskriptif, data diperoleh melalui wawancara semi terstruktur terhadap pasangan suami istri dan anak remaja dari tujuh keluarga informan. Hasil penelitian menunjukkan bahwa sebagian besar informan belum mendapatkan pembelajaran parenting secara formal sebelum menikah, dan pengetahuan yang dimiliki umumnya diperoleh dari pengalaman pribadi, media sosial, atau tradisi turun temurun. Minimnya pemahaman ini berdampak pada pola asuh yang cenderung otoritatif dan komunikasi satu arah dalam keluarga, yang berpotensi menimbulkan ketegangan relasi antara orang tua dan anak. Materi parenting juga belum menjadi bagian integral dalam program bimbingan pranikah. Temuan ini menegaskan pentingnya integrasi pembelajaran ilmu parenting dalam pendidikan pranikah untuk meningkatkan kesiapan psikologis dan emosional pasangan dalam membangun keluarga harmonis. Penelitian ini memberikan kontribusi konseptual terhadap penguatan kebijakan pendidikan keluarga di masyarakat urban Indonesia. Kata kunci: ilmu parenting; keharmonisan keluarga; bimbingan pranikah; komunikasi keluarga; masyarakat urban
Copyright (c) 2025 Alfian Nawary, Teguh Dwi Cahyadi https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS PRAKTIK MAHAR SEDERHANA DAN IMPLIKASINYA TERHADAP ISTRI PERSPEKTIF MAQASHID AL-SYARIAH: STUDI KASUS DI KECAMATAN MUMBULSARI, JEMBER
This research analyzes the practice of simple mahr in marriages within the Mumbulsari district, Jember Regency, and its implications for wives from a maqashid al-syariah perspective. Employing a qualitative approach with field studies, data was collected through in-depth interviews with the head of the Office of Religious Affairs (KUA) and married couples. Research findings indicate that simple mahrs, such as prayer tools and the Quran, dominate practices in Mumbulsari. This practice, when mutually agreed upon, actualizes the values of hifz al-din, hifz al-nafs, and hifz al-maal. The simplicity of mahr not only strengthens marital bonds spiritually and emotionally but also streamlines the marriage process, preventing burdensome practices. These findings suggest that the giving of simple mahr, based on sincerity and mutual agreement, aligns with the fundamental principles of maqashid al-syariah as articulated by al-Syatibi.
Copyright (c) 2025 Umeir hudzaifah, Anas Burhanuddin https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS NORMATIF DAN YURIDIS TERHADAP IMPLEMENTASI UU NOMOR 23 TAHUN 2004 DALAM PENGANGANAN KEKERASAN DALAM RUMAH TANGGA DI INDONESIA
This study aims to analyze the effectiveness of the implementation of Law No. 23/2004 on the Elimination of Domestic Violence (PKDRT Law), especially on the protection and fulfillment of victims' rights, as well as structural obstacles in its implementation. The approach used is normative juridical with a content analysis method of laws and regulations, secondary data from Komnas Perempuan, KPAI, LPSK, and case studies of court decisions. The main findings show that although the PKDRT Law is an important legal breakthrough, its implementation in the field is still weak, especially in the enforcement of Article 5 (types of violence), Article 26 (victims' rights), and Article 44 (punishment). The low sensitivity of the authorities, patriarchal culture, and the lack of witness and victim protection are the main obstacles. In conclusion, legal protection for victims of domestic violence in Indonesia still requires strengthening derivative regulations, improving the victim protection system, and increasing the understanding of officials and the public to realize substantive justice for victims.
Copyright (c) 2025 FUAD ROSYADI, Siti Zumrotun https://creativecommons.org/licenses/by-nc-sa/4.0
COMPARATIVE LEGAL REASONING AMONG ISLAMIC SCHOOLS OF THOUGHT: METHODS OF RESOLVING TA‘ĀRUḌ AL-ADILLAH (CONFLICTING EVIDENCES)
The phenomenon of conflicting legal evidences (ta‘āruḍ al-adillah) is a critical issue in the discipline of uṣūl al-fiqh, particularly in the process of Islamic legal reasoning (istinbāṭ al-ḥukm). This occurs when two or more legal texts appear to contradict each other in determining a legal ruling. Various Islamic legal schools developed distinct methods to resolve such conflicts. This study aims to conduct a comparative analysis of conflict-resolution methods in four major Sunni schools: Ḥanafī, Mālikī, Shāfi‘ī, and Ḥanbalī. It employs a qualitative research method with a normative-conceptual approach, relying on classical and contemporary literature in uṣūl al-fiqh. The findings reveal that although the schools differ in emphasis and procedural order—such as using tarjīḥ (preference), nasakh (abrogation), or al-jam‘ wa al-tawfīq (reconciliation)—they all uphold the integrity and authority of the legal texts. This study asserts that such methodological diversity should not be seen as contradiction, but as a reflection of the intellectual richness and flexibility inherent in Islamic law in addressing the complexities of social reality.
Copyright (c) 2025 Muhammad Rizal Khoirul Umam, Izzul Mutho`, Abdul Rozak https://creativecommons.org/licenses/by-nc-sa/4.0
WAKAF BERJANGKA DALAM MAZHAB SYAFI’I DAN MAZHAB MALIKI: ANALISIS KOMPARATIF DAN RELEVANSINYA TERHADAP HUKUM WAKAF DI INDONESIA
Temporary endowment (wakaf berjangka) is a contemporary form of Islamic endowment that remains a subject of debate in classical Islamic jurisprudence. In Indonesia, this practice has gained legal recognition through Law Number 41 of 2004, despite the fact that the majority of its Muslim population follows the Shafi’i school, which rejects the concept. This study aims to analyze the perspectives of the Shafi’i and Maliki schools regarding temporary endowment and assess its relevance to Indonesia’s endowment law. The research employs a library research method with a normative-comparative approach, examining textual evidences, legal maxims, and scholarly opinions from both schools. The findings reveal that the Shafi’i school prohibits temporary endowments due to its requirement of perpetuity as a condition for validity. Conversely, the Maliki school allows it, offering a more flexible interpretation. In the context of Indonesian positive law, the Maliki view is deemed more applicable and relevant. The study recommends further empirical research on the practice of temporary endowment in Indonesia and comparative analysis with other schools, such as Hanafi and Hanbali, to enrich the development of adaptive and contextual endowment law.
Copyright (c) 2025 Muhammad Teguh Junaidi, Kholid Saifulloh https://creativecommons.org/licenses/by-nc-sa/4.0
TINJAUAN HUKUM POSITIF DAN MAQOSID SYARIAH TERHADAP PEMBATALAN PERNIKAHAN KARENA SUAMI HOMOSEKSUAL DALAM PUTUSAN PENGADILAN AGAMA NOMOR 2395/Pdt.G/2024/PA.JT
This study examines the annulment of marriage due to the concealment of sexual orientation by the husband, based on the decision of the East Jakarta Religious Court Number 2395/Pdt.G/2024/PA.JT. The main focus of this research is to assess the validity of the ruling from the perspective of Indonesian positive law and maqāṣid al-sharī‘ah. The research method employed is normative-juridical, using a case study approach, statutory analysis, and the framework of maqāṣid al-sharī‘ah. The contributions of this study include: strengthening the concept of victim protection through the fasakh mechanism as a just legal solution. The findings show that the husband's concealment of his sexual identity constitutes substantial fraud, thus fulfilling the legal grounds for annulment as stipulated in Article 27 of Law No. 1 of 1974 and Article 72 of the Compilation of Islamic Law (KHI). From the perspective of maqāṣid al-sharī‘ah, this condition violates the five fundamental principles (al-ḍarūriyyāt): ḥifẓ al-dīn (protection of religion), al-nafs (life), al-‘aql (intellect), al-nasl (lineage), and al-māl (wealth). The court's decision to grant the annulment is regarded as upholding substantive justice and the protection of women's dignity. The results of this research serve as a critical reference for judges, legal practitioners, and the public in understanding the complexities of marriage annulment caused by sexual deviation.
Copyright (c) 2025 Ahmad Anwar Bafadal, Muhammad arifin Badri https://creativecommons.org/licenses/by-nc-sa/4.0
PERNIKAHAN BEDA AGAMA: KAJIAN NORMATIF DAN PSIKOLOGIS DALAM KONTEKS MASYARAKAT URBAN
Marriage is a fundamental aspect of human life, governed by religion, custom, and state law. In Indonesia, where five religions are officially recognized, interfaith social interactions are common, including in marriage. Although most religions in Indonesia prohibit interfaith marriages, such unions still occur, particularly in urban communities. This study aims to examine the dynamics of interfaith marriage and the reasons behind couples choosing to marry despite religious and legal prohibitions. Using a case study method with normative and psychological approaches, data were collected through interviews with interfaith couples. The findings show that these couples often proceed with marriage based on emotional and spiritual compatibility. They consider interfaith marriage a khilafiyah issue—open to interpretation (ijtihad)—and believe such unions are morally and spiritually valid. This perspective contrasts with the dominant views of religious scholars and Indonesia’s legal framework, which generally do not recognize interfaith marriages.
Copyright (c) 2025 Dul Jalil https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS HUKUM ISLAM DAN HUKUM PERDATA ATAS PUTUSAN PEMBATALAN PERKAWINAN: STUDI PUTUSAN NOMOR 2981/PDT.G/2024/PA.JS
This study analyzes the legal implications of the withdrawal of a marriage annulment lawsuit in Decision Number 2981/Pdt.G/2024/PA.JS, particularly concerning the legal status of a marriage conducted based on an alleged fictitious guardian (wali) and document forgery. Employing a normative juridical research method with a case study approach, the analysis is conducted from a multidisciplinary perspective, examining Islamic law, positive civil law, and criminal law. The findings reveal a fundamental discrepancy: under Islamic law, the marriage is considered void ab initio (fasakh), yet, following the lawsuit's withdrawal, under positive law, the marriage remains formally and administratively valid. This condition creates a procedural deadlock and long-term legal uncertainty susceptible to abuse of law. Furthermore, it does not nullify the separate criminal liability for document forgery under Article 263 of the Indonesian Criminal Code (KUHP).
Copyright (c) 2025 Harvi Muhammad Fathiariq, Teguh Dwi Cahyadi https://creativecommons.org/licenses/by-nc-sa/4.0
KERETAKAN RUMAH TANGGA AKIBAT PERILAKU MEROKOK: ANALISIS PUTUSAN PENGADILAN AGAMA DEPOK NO. 4245/PDT.G/2018/PA.DPK DALAM PERSPEKTIF MAQASHID SYARIAH
An ideal marriage is one that can create a harmonious, loving, and merciful family. However, this goal can be hindered when behaviors arise that disrupt comfort and harmony, such as the habit of smoking. Smoking by one of the spouses has the potential to cause conflicts that may trigger divorce, as seen in the Depok Religious Court Decision No. 4245/Pdt.G/2018/PA.Dpk. This study aims to analyze the trial facts and the judge’s considerations in the decision from the perspective of maqashid sharia, in order to identify the extent to which the decision reflects the protection of public interest, prevention of harm, and fulfillment of the main objectives of marriage. The study uses a qualitative method with a normative juridical approach. The results indicate that the juridical basis for divorce in this case refers to broken marriage, in accordance with Article 116 letter f of the Compilation of Islamic Law. The trial facts show relevance to this juridical basis and are also related to maqashid sharia, as they contain elements of harm threatening the five aspects of sharia protection. The judge’s consideration to grant the divorce appears aligned with the essence of maqashid sharia, namely promoting benefit and preventing greater harm. The loss of tranquility, affection, and mercy due to smoking behavior has damaged the primary objectives of marriage, making divorce an appropriate step to restore the benefit.
Copyright (c) 2025 Fadhilah Khairul Anam, Musyafi Usman https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLIKASI PERNIKAHAN DINI TERHADAP POLA ASUH ANAK: STUDI KASUS DI DESA SUMBERPINANG KABUPATEN JEMBER
Early marriage remains a social reality in several rural areas of Indonesia, including Sumberpinang Village, Pakusari District, Jember Regency. Parenting in early-married families tends to be less optimal due to unbalanced caregiving roles, limited attention to children’s needs, and the lack of emotional readiness among young parents. This study aims to examine the implications of early marriage on parenting using a qualitative case study approach involving couples who married before the age of 19. Data were collected through in-depth interviews, limited observation, and documentation, then analyzed interactively using the Miles, Huberman, and Saldaña model. The findings indicate that early marriage leads to neglectful and authoritarian parenting styles, while democratic parenting is rarely found and permissive parenting was not identified. These conditions are closely related to economic instability, limited parenting knowledge, and the intergenerational transmission of early marriage practices. As a result, children are at risk of neglect, lack emotional support, face stunting, and grow up with fear and low self-confidence. This study contributes academically by enriching the literature on the relationship between rural cultural structures and parenting practices among young families. Practically, it provides a foundation for interventions such as parenting education, economic empowerment, and reproductive health literacy to improve parenting quality and break the cycle of early marriage in rural communities
Copyright (c) 2025 Kusuma Wiranata, Winning Son Ashari https://creativecommons.org/licenses/by-nc-sa/4.0
PERAN BIMBINGAN PERKAWINAN PRANIKAH DALAM MENCEGAH PERNIKAHAN DINI Studi Kasus Kantor Urusan Agama Kecamatan Sawangan Kabupaten Magelang
Marriage is an important milestone in family life. However, in Sawangan Subdistrict, Magelang Regency, marriage often occurs at an age below the legal requirement or prior to achieving psychological and biological maturity. The contributing factors include cultural traditions, low levels of education, parental pressure, and limited knowledge of legal and reproductive health issues. This study aims to analyze the role of the Premarital Marriage Guidance Program organized by the Sawangan Office of Religious Affairs (KUA) in preventing early marriage. A qualitative approach with a case study design was employed, using interviews, observations, and documentation. The findings indicate that early marriage is still found in several villages such as Wonolelo, primarily due to social and economic pressures. The Sawangan KUA implements Premarital Marriage Guidance in a structured and collaborative manner in cooperation with community health centers (Puskesmas) and family planning field officers (PLKB), integrating religious, health, and demographic perspectives. The program’s effectiveness is reflected in the significant decrease in applications for marriage dispensation, from 47 cases in 2023 to 23 cases in 2024. This research benefits society by enhancing understanding of the risks of early marriage, thereby encouraging behavioral change toward marriage at an ideal age. For the KUA and related institutions, these findings provide a basis for strengthening premarital guidance programs, developing more relevant educational materials, and expanding cross-sector collaboration to maximize the program’s reach and effectiveness.
Copyright (c) 2025 Bagas Alfansyah, Triadi Wicaksono https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS YURIDIS TERHADAP DISPENSASI KAWIN KARENA HAMIL DI LUAR NIKAH (Studi Putusan Pengadilan Agama Kota Padangsidimpuan Nomor: 7/Pdt.P/2024/PA.Pspk)
Marriage regulations establish a minimum age requirement to reduce the prevalence of early marriages, one of which is implemented through the marriage dispensation mechanism. Premarital pregnancy frequently becomes the primary basis for requesting such dispensations, as it is perceived as an urgent circumstance. This study aims to evaluate the effectiveness of legal provisions governing marriage dispensation in the context of non-marital pregnancy. A descriptive empirical-juridical approach was employed, utilizing secondary data from literature review and document analysis of the Religious Court Decision of Padangsidimpuan No. 7/Pdt.P/2024/PA.Pspk, complemented by primary data obtained through interviews with relevant stakeholders. The findings reveal that marriage dispensation due to pregnancy outside wedlock holds legal legitimacy under Article 53 of the Compilation of Islamic Law, which permits marriage without postponement until childbirth. In its ruling, the panel of judges granted the petition while imposing litigation costs of Rp510,000.00 on the applicant. These results underscore that the granting of marriage dispensation requires both valid evidence and the confirmation of an urgent situation.
Copyright (c) 2025 Rosari Damayanti Hasibuan, Ibrahim Siregar, Putra Halomoan Hsb https://creativecommons.org/licenses/by-nc-sa/4.0
REKONSTRUKSI HUKUM KELUARGA ISLAM DALAM PERSPEKTIF MAQASID AL-SYARI’AH UPAYA PREVENTIF PERNIKAHAN DINI DI INDONESIA
Child marriage remains a prevalent issue in Indonesia, despite the legal minimum age of 19 for both males and females. This practice is not only influenced by economic, cultural, and educational factors but also by misinterpretations of religious teachings that are often used as justification. This study aims to analyze early marriage from the perspective of Islamic family law through the lens of maqasid al-syari’ah as a preventive effort. The research method employed is library research with a qualitative approach by examining Islamic legal literature, statutory regulations, fatwas, and religious court decisions on marriage dispensation, then analyzed using content analysis and critical analysis techniques. The findings reveal that child marriage contradicts the higher objectives of Islamic law, particularly in protecting life (hifz al-nafs), intellect (hifz al-‘aql), and lineage (hifz al-nasl). The dispensation system still creates legal loopholes that weaken child protection. Therefore, reconstructing Islamic family law based on maqasid al-syari’ah is necessary to strengthen child rights protection, postpone marriage until individuals reach physical and psychological maturity, and promote the development of healthy, just, and sustainable families.
Copyright (c) 2025 Ahmad Fauzi Ahmad, Taufiq Taufiq Ikram Ash Syidiqi https://creativecommons.org/licenses/by-nc-sa/4.0
INTEGRASI HUKUM KEWARISAN ISLAM DAN KEARIFAN LOKAL DALAM PENYELESAIAN SENGKETA WARIS BERBASIS MUSYAWARAH ADAT (STUDI KASUS DESA SIMPANG SARI KECAMATAN LAWANG WETAN KABUPATEN MUSI BANYUASIN)
The increasing occurrence of inheritance disputes in rural communities, particularly in Simpang Sari Village, often triggers family conflicts and affects social relations. This is largely due to the the community's lack of knowledge regarding Islamic inheritance law and a lack of understanding of the applicable inheritance regulations, including statutory law, Islamic law, and customary law. This study aims to examine how Islamic inheritance law is applied in resolving inheritance disputes and how it is integrated with the local wisdom that has developed within the community. A qualitative research method with a descriptive approach was employed, using interviews, observations, and document analysis. The research informants included religious leaders, traditional leaders, village officials, and individuals who have been directly involved in inheritance disputes. The findings indicate that while Islamic inheritance law is acknowledged and respected, the practical resolution of disputes prioritizes values of local wisdom, such as deliberation, consensus, and a family-oriented approach. In conclusion, Islamic inheritance law can be effectively applied in resolving inheritance disputes in Simpang Sari Village; however, it must be implemented alongside local wisdom that has been passed down through generations, taking into account customary practices, family harmony, and deliberative decision-making.
Copyright (c) 2025 Jeri Ariansyah https://creativecommons.org/licenses/by-nc-sa/4.0
KRITERIA MEMILIH PASANGAN IDEAL DI ERA DIGITAL: PERSPEKTIF GEN Z
The digital era builds cross-cultural relationships, so there is a shift in choosing the ideal partner criteria. According to the Muslim community, this is a highlight in itself, Islam has long regulated the concept of choosing a partner by making religion the main foundation. The purpose of this study is to examine the extent to which the digital era influences the views of generation Z in choosing the ideal partner, knowing the criteria for couples who are considered ideal, and examining these preferences through a normative perspective sourced from Islamic law, Marriage Law, and sharia maqashid. This study uses a qualitative approach with field studies through interviews and open questionnaires, involving Muslim university students spread across Java, Kalimantan, and Medina as purposive subjects. The results of this study show that Gen Z who live in the digital era is influenced by various platforms and information accessed. The criteria for choosing the ideal partner based on the perspective of Gen Z in the digital era are; apply Islamic teachings in daily life, have a vision and mission that is in line with and be responsible, established, physically attractive, sekufu and able to establish healthy relationships. Gen Z not only prioritizes religious aspects, but also considers social factors, which reflects a shift from traditional norms. The results of the normative analysis indicate that despite the change in preferences, these criteria are still in line with religious teachings and national law. This study contributes in the form of fostering responsive Muslim families in the digital era.
Copyright (c) 2025 Olifa Chaliza, Witia Oktaviani https://creativecommons.org/licenses/by-nc-sa/4.0
NAFKAH ISTRI DALAM PERSPEKTIF KESETARAAN GENDER: ANALISIS KRITIS DENGAN PENDEKATAN MAQASHID AL-SYARIAH
This study aims to analyze the concept of wife maintenance from the perspective of gender equality using the maqashid sharia approach by examining the gap between the normative construction of classical fiqh. This research method uses a qualitative approach based on library research with a focus on classical and contemporary fiqh texts, the Qur'an, hadith, and academic literature related to wife's maintenance, sharia maqashid, and gender equality. The research population included the entire Islamic legal literature on alimony with purposive sampling samples on relevant works. The research procedure includes data collection, classification based on the main theme, critical analysis with the framework of sharia maqashid, and synthesis of new concepts. Analysis techniques are in the form of content analysis and critical hermeneutics. The results of the study show that the understanding of classical fiqh is rigid and less responsive to modern socio-economic changes. Through the sharia maqashid approach, alimony can be understood more broadly, not only as a material obligation of the husband, but also as a collective responsibility that includes emotional, spiritual, and social aspects, according to the principles of justice and benefit. The conclusion of this study confirms that Islamic law is dynamic and adaptive, so the concept of alimony must be reinterpreted to be relevant to the modern context and support the principle of gender equality. The follow-up plan of the research is directed at empirical studies through field research and comparisons between Muslim countries.
Copyright (c) 2025 Muhammad Ichsan Ferdiansyah, Triadi Wicaksono, Lismawati Lismawati https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLIKASI PEMBIAYAAN HAJI TERHADAP STABILITAS EKONOMI DAN PSIKOLOGIS KELUARGA MUSLIM : KAJIAN HUKUM ISLAM DAN PSIKOLOGI KELUARGA
This article examines the implications of Hajj financing on the economic stability of Muslim families in Indonesia. As Hajj requires a significant financial commitment, many families rely on Islamic financial products such as qardh (benevolent loan) or Hajj bailout funds provided by Sharia financial institutions. This study aims to explore how such financing schemes affect family financial planning and psychological well-being. Using a qualitative descriptive method, this research draws on normative Islamic legal principles and family psychology theories. Findings indicate that while Hajj financing can accelerate religious obligations and elevate social status, it also introduces new economic pressures, particularly when repayments are burdensome. From the perspective of Islamic family law, the husband's financial responsibility is central, but contemporary practice shows shared decision-making within the household. Psychologically, families may experience stress or anxiety related to debt, affecting interpersonal dynamics. The study highlights the need for better financial literacy and legal awareness to ensure that Hajj remains both a spiritual and economically sustainable journey.
Copyright (c) 2025 Fahmi Mustika, Muh.Kodri, Bagas Sakti Mubarok, Sekar Ayu Pinilih, Rulia Fahmi https://creativecommons.org/licenses/by-nc-sa/4.0
PROBLEMATIKA EKONOMI SEBAGAI ALASAN UTAMA PERCERAIAN DI PENGADILAN AGAMA KABUPATEN BANYUWANGI
In 2024, Banyuwangi Regency ranked third in highest divorce cases due to economic factors in East Java, despite regional economic growth increasing by 4.68%. This phenomenon has become a significant concern in Islamic family law. This study analyzes types of economic problems influencing divorce, economic reasons as basis for judges' consideration in granting divorce, and efforts of Banyuwangi Regency Religious Court to protect women's and children's rights in divorce cases due to economic factors. Using descriptive qualitative method with in-depth interview techniques with Panel of Judges and analysis of divorce decisions and statistical data. Findings indicate economic factors are not primary causes of divorce, but triggers for recurring household disputes.Types of economic problems include unemployed husbands, insufficient household income, and husbands completely failing to provide financial support. Panel of Judges considers impacts of economic conflicts on relationship breakdown such as broken marriage, emotional distress, and absence of willingness to repair relationships. Wives are entitled to receive iddah maintenance, mut'ah compensation, and madhiyah support without evidence of nusyuz behavior. Husbands must pay maintenance before judges decide on divorce. Child custody rights are granted to mothers if children are under 12 years old, while children above 12 years old may choose between both parents. Keywords: Divorce; Economic Issues; Livelihood; Islamic Court.
Copyright (c) 2025 Luk Luk Khoirurrizalina, Witia Oktaviani https://creativecommons.org/licenses/by-nc-sa/4.0