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El-Usrah: Jurnal Hukum Keluarga
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 26208075     EISSN : 26208083     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal El-Usrah merupakan jurnal ilmiah berbasis Open Journal System (OJS) yang dibina oleh Prodi Hukum Keluarga Fakultas Syari`ah dan Hukum Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh. Jurnal El-Usrah ini adalah sarana bagi peneliti dan akademisi yang bergelut di bidang hukum keluarga Islam untuk dapat mengembangkan keilmuan dalam rangka mewujudkan Tri Dharma Perguruan Tinggi. Jurnal El-Usrah diterbitkan dua kali periode dalam setahun, yaitu periode Januari-Juni dan periode Juli-Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga" : 16 Documents clear
The Realization of the Fulfilment of the Children’s Sustenance Post-Divorce In Purworejo Religious Court in 2020-2021 Meli Dwi Yuniar; Waluyo Sudarmaji
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.18244

Abstract

Frequently, discordant married couples contemplate divorce as their final option for resolving household problems. Many do not realize that divorce is the beginning of the onset of new problems that affect not only married couples but also their offspring if they are already parents. This study seeks to find out the realization of the implementation of child support obligations after divorce at the Purworejo Religious Court with various factors that influence it. This investigation is limited to the years 2020 and 2021 in order to examine the most relevant cases, as the events are still relatively recent. This form of research employs a qualitative paradigm and is conducted in the field. This study's methodology employs a normative legal approach. On the basis of court records from the Purworejo Religious Court, researchers conducted direct observations and interviews with litigants. Even though the child's maintenance obligations have been stated in the decision of the Purworejo, the results of the study indicate that there are still many parents, particularly the father, who do not fulfill their responsibilities to provide a living for their children due to various factors, including lack of legal awareness, lack of awareness of the obligations of a father to provide for children, too involved parents in the household, social factors, and economic factors
Human Rights Protection in the Islamic Family Law: A Case Study Concerning Domestic Violences Dedisyah Putra; Nuriza Acela
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.18511

Abstract

Islam and life are inseparable because Islam elevates the dignity of women and restores their rights, which had been violated by male dominance, religious traditions, and group fanaticism prior to the advent of Islam, when women’s rights were disregarded. This study employs qualitative methods by accumulating and analyzing library data descriptively and analytically. This article aims to describe the concept that Islam comes with a mission to restore the rights of women who have been marginalized as a result of prolonged jahiliyah conditions. This paper examines the relationship between Islam and human rights in the context of domestic violence, using family law and women's rights terminology. On the other hand, this review will focus on family law in the context of human rights preservation and domestic violence prevention
The Under-age Marriage during the Pandemic: The Best Interest of the Child Principle Ahmad Faris Hilmi; Muhammad Zawil Kiram
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.11303

Abstract

This article focuses on juvenile marriages that took place during the Covid-19 pandemic. In addition, the causes of child marriage, its negative consequences, and the preservation of children in the family and marriage is seen as an application of the principle in placing the child’s best interests first? This research is descriptive-analytic in nature, describing the facts about child marriage that occurred in the pandemic era and analyzing why this phenomenon occurs. Several factors, including education, a lack of understanding of reproductive health in adolescents that leads to risky sexual behavior among children, economic factors (poverty), cultural factors (traditions/customs), and matchmaking, were found to influence child marriage in this study.
Settlement of the Fulfillment of Wife and Child Livelihood by the Islamic Religious Council Southern Patani Region of Thailand Edi Darmawijaya; Miss Maslinee Ma'ming
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.8701

Abstract

Livelihood is all the needs and necessities that occur according to circumstances and places, such as food, clothing, shelter, assistance, and all his needs according to tradition because the law of subsistence is an obligation of a husband towards his wife and family. The Islamic Religious Council (MAIP) of Patani Region has a special working position namely Qadhi which handles matters related to family matters, in the Islamic Religious Council of Southern Patani Thailand does not have a Law or Compilation of Islamic Law (KHI) like Indonesia, but the responsible party will handle issues related to the family rights of Muslims by referring to the fiqh of Imam Shafi'i. In the case of non-fulfillment of the support of wives and children according to the religious assembly, for the Islamic religious assembly, there is no written fatwa, only a letter of agreement that can be an important asset in resolving the problem. This research uses qualitative methods, taking the background of informants, data collection is carried out using observation, interviews, and documentation. The results of this study concluded that after the marriage bond held a taklik letter (agreement) between husband and wife because it held a taklik made by the Islamic Religious Council (MAIP) so that the husband did not commit violence against his wife unfairly and followed shari'i, husbands who did not follow the taklik letter (Agreement) then the wife could complain to the Village Imam or the Islamic Religious Council (MAIP). The wife must bring two witnesses or concrete evidence, the Islamic Religious Council (MAIP) will give advice related to Islamic teachings that follow shari'a law so that peace arises between husband and wife then husband and wife may be added a taklik letter that has been determined by the Islamic Religious Council (MAIP) for the problem of not fulfilling income with the agreement between husband and wife,  and the husband does not provide for himself, hurts and does not occupy the position for more than four months the wife may be fasahk
The Madurese Wedding Traditions (Case Study in Sumberejo Jember) Syadza Fildzah Shalati; Hikmah Widiatun Nisa; Ajeng Aulia Salsabila W
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.16086

Abstract

Marriage traditions are long-standing customs of the union of two individuals that have been passed down through the generations. Each region has its own characteristics and variations of this wedding custom, including the Madurese. The Madurese is an ethnic group with a substantial population in Indonesia, numbering around 7 million people. They originate from Madura Island and the neighboring islands of Gili Raja, Sapudi, Raas, and Kangean. Sumberejo Jember Village is one of the Madurese-inhabited areas. The majority of Madurese adhere to Islam. Sumberejo Village is located within the Ambulu District. Ambulu sub-district is one of the sub-districts located on the southern edge of Jember Regency, 31 kilometers away from the district capital. This study aims to investigate the phenomenon, the influence of the Madurese marriage tradition, and the Islamic legal perspective on marriage. This study employs a qualitative approach and case study research design. The findings of this investigation indicate that: (1) the Madurese wedding tradition exists in Sumberejo Jember. The Madurese wedding tradition in Sumberjo Jember has three positive effects and two negative effects. (3) According to Islam, marriage is among the greatest acts of worship.
The Evaluation of Maqāṣid Asy-Syarī’ah on Discourses of the Islamic Family Law Taufiqurohman Taufiqurohman; Nelli Fauziah
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.13035

Abstract

The concept of maqāṣid syarī‘ah and its relationship to family law is an intriguing topic for academic inquiries and discussion. The maqāṣid syarī‘ah is a concept that defines a goal of the Islamic law for the betterment of life in this world and the hereafter. This objective is achieved in human existence by safeguarding religion, soul, reason, progeny, and property. The term al-aḥwāl al-syakhṣiyyah, which refers to kinship relations, can be considered a substitute for the term munākaḥāt, which is commonly used in classical fiqh texts. The numerous issues that intersect with the concept of family law must be viewed through the lens of sharia objectives. How then does the Shari'ah respond? This article attempts to analyze it using a literature review and the maqāṣid syarī‘ah analysis instrument. Based on al-‘ādat from al-Syāṭibī, the understanding of al-aḥwāl al-syakhṣiyyah should be based on the interpretation of the meaning of the texts of the Qur'an and hadith, so that religious texts related to al-awl al-syakhiyyah are not positioned as a form of legal-formal rule, but rather as a search for the meaning contained in religious arguments in the Islamic law
Raj'i Talaq Law According to the Shafi'i School in Polyandry Cases (Case Study of Banda Aceh Shar'iyah Court Decision Number 383/Pdt.G/2020/MS. Bna) Mutiara Fahmi; Muhammad Iqbal; Rizki Akbar; Abidin Nurdin
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.14144

Abstract

Islamic law and Indonesian legislation basically emphasize that marriage can only have one partner. In the Shafi'i school, Ash-Sharbini al-Khatib says, "A man, circumcision does not marry more than one wife without clear hajat. An-nash has pointed out that the principle of marriage is monogamy, not polygamy. The wife or a woman cannot marry more than one husband at the same time (polyandry) because of the impact caused. Polyandry is clearly forbidden as has been said by Allah Almighty. in QS. An-Nisa verse 24. In decision No. 383/Pdt.G/2020/MS. The bna polyandry is one of the reasons for divorce with the dropping of talaq one raj'i. The question in this thesis is how the right of talaq possessed by a husband how to analyze the Decision of the Judge of the Shar'iyah Court of Banda Aceh, and why the case of polyandry as a background for the breakup of marriage is broken with talaq raj'i. In this study, the author uses library research methods to analyze the judge's consideration and the Shafi'i school in terms of holding talaq rights on the grounds that they are caused by polyandry. There are several factors that make the existing legal provisions and procedures different, in the Shafi'i school in terms of privacy such as talaq is very guarded because it is considered bad if there are parties outside who know the domestic affairs, in contrast to the judge's consideration, the procedures of the Shar'iyah Court, the benefit of divorce is regulated to reduce illegal divorces that are not in accordance with the existing Shari'a. Therefore, it can be concluded that the difference that we can see between the judge's consideration and the Shafi'i school is the freedom of the husband to impose talaq anywhere and anytime, and the determination of the amount of talaq based on the husband's own intentions.
The Family’s Roles in the Effects of Working from Home During the Covid-19 Pandemic on Children (A Case Study of Families in Banda Aceh City) Rizqa Febry Ayu; Khaeruddin Kiramang
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.11959

Abstract

The increasing prevalence of the Covid-19 virus has a significant impact on children's activities, particularly in the realm of education, resulting in the necessity of learning at home. In addition to having an effect on children due to atypical learning patterns, this is the responsibility of the family to facilitate children's education. To prevent learning loss for children, families must play a significant role in promoting learning. This study examines the influence of family on the effects of working from home on children during the influenza pandemic. To determine the results of the family's function, this research combines an empirical methodology with qualitative methods, namely direct and online interviews. Although the effects of working from home resulted in tedium, lack of discipline, laziness, difficulty in advising, emotional instability, stress on children, and a lack of supportive facilities, they affected the family economy. However, the family's role in allowing children to work from home is successful, there is no neglect of children even though the mentoring process will not be achieved, and parents continue to develop, foster, and accompany learning so that children continue to develop and be creative despite the pandemic.
Banjar Cultural Marriage Taboos and Analysis of the Prohibition of Marriage in Kitabun Nikah by Sheikh Muhammad Arsyad Al-Banjari Zein Firdaus; Muhammad Marbawi; Muhammad Wildan Afif
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.18961

Abstract

Marriage is a sunnatullah presented by Allah SWT for the survival of mankind on this earth. Taboo in Banjar culture is a prohibition that is carried out during a wedding procession or before the wedding takes place. In Islam, there is no law against this taboo. This study uses qualitative research with a library approach. The results of the study show that in the Book of Marriage written by Syekh Muhammad Arsyad Al-Banjari, there is no specific prohibition against cultural taboos that exist in Banjar society, but he only explains the prohibition of marriage in Islamic law, such as the prohibition against marrying women of the same lineage, breastfeeding and so on other.
The Alimony Obligation of a Civil Servant and Non-Civil Servant Father towards Children Post-Divorce (The Study on Aceh Syar'iyyah Court Decision Study of 2019) Mursyid Djawas; Nahara Eriyanti; Anita Yulia; Faisal Fauzan
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.9493

Abstract

This research was motivated by two decisions of the Aceh Syar'iyah Court, namely decision Number 75/Pdt.G/2019/MS. Aceh in determining the child's sustenance after divorce, distinguished by the amount that must be given by civil servant and non-civil servant fathers. However, these two decisions are different from the provisions of the Compilation of Islamic Law (KHI), in which the Compilation of Islamic Law (KHI) does not mention the number of child support provisions. This is the focus of this research, in which two research questions were administered to answer the research inquiries First; what is the judge's consideration in determining the obligation of a civil servant and a non-civil servant father? Second; how does the Islamic law determine the obligations of a civil servant and non-civil servant father to children after a divorce from the study of the 2019 Aceh Syar'iyah Court judge’s decision? This is a library research investigating cases on strategies used by judges in solving various cases. The study reveals that the judge’s considerations in determining the level of child maintenance rights are differed between the judge’s decision Number 75/Pdt.G/2019/MS.Aceh and decision Number 70/Pdt.G/2019/MS.Aceh. The study suggests that the judge has different ways of determining the legal decision. The civil servant fathers are entitled to comply by article 8 PP No. 10 of 1983 jo. PP No. 45 of 1990, while the non-civil fathers are referred to the recommendation of the Compilation of Islamic Law (KHI), which is seen from the ability of the father. This is found to have been in compliance with the Islamic law. Therefore, according to the author, the difference in determining the level of income for children after divorce is relevant to Imam Syafi'i's opinion that income has a certain size. The rich father should pay two mud, middle-class fathers pay one and a half mud and the low-income fathers pay one mud.

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