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Al-Usroh : Jurnal Hukum Keluarga Islam
Published by Sekolah Tinggi Agama Islam Sangatta Kutai Timur
ISSN : 30255872     EISSN : 29887488     DOI : https://doi.org/10.55799/alusroh.v1i02.285
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum Keluarga Islam Fikih Munakahat Pemikiran Hukum Islam Hukum Perdata Islam Kajian Ushuliyah di bidang hukum domestic Ilmu Falaq Hukum Perkawinan Islam dan Gender Fikih keluarga
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
 1   2 
PERAN KANTOR URUSAN AGAMA SANGATTA UTARA DALAM MEMINIMALISIR PERCERAIAN DI PENGADILAN AGAMA SANGATTA Ajis Supangat; Linda Auliana
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 01 (2023): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i01.251

Abstract

The purpose of this research is to describe the causes of divorce, the role of the religious affairs office in minimizing divorce, and the considerations of judges in making decisions. the method used in this research is a qualitative research method with a type of field research. The results concluded that several factors cause divorce including economic factors, domestic violence (KDRT), and infidelity, as for the way to minimize divorce is to organize socialization by the North Sangatta Religious Affairs Office regarding understanding knowledge in married life. The judge's considerations in making a decision are accepting and granting the plaintiff's claim in its entirety, giving permission to the plaintiff to impose a divorce of one raji'i against the defendant, charging case costs to the plaintiff or if the court is of another opinion, the plaintiff requests the fairest decision.
REKONTEKSTUALISASI PENJATUHAN TALAK TIGA DALAM BINGKAI NEGARA INDONESIA Syaiful Annas
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 01 (2023): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i01.257

Abstract

This study discusses the law of three divorces in one word or one assembly which often occurs in Muslim societies. The basis used as a reference is the hadith of the Prophet SAW and Fiqh. As a rule of law country, Indonesia has provided rules for the implementation of divorce as stipulated in Law No. 1 of 1974 concerning Marriage, Law No. 7 of 1989 concerning the Religious Courts, and the Compilation of Islamic Law. The substance is that divorce can only be carried out before a court hearing. However, there are still many practices that occur in society imposing triple talaq on a wife in one word or one assembly. This research is library research with a qualitative approach. The results of this study, that the imposition of divorce with one word or in one assembly needs to be reconstructed in understanding hadith and Fiqh as a form of ijtihad with various approaches within the framework of a rule of law that realizes the goals of the law itself.
ISIM MAUSHUL PADA AYAT-AYAT MUNAKAHAT KAJIAN SINTAKSIS DAN SEMANTIK Imron Gozali
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 01 (2023): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i01.258

Abstract

This study aims to describe the types of isim mausul, shilah mausul, position, and contextual meaning in munakahat verses in the Koran. This research is included in library research or Library Research with a qualitative descriptive approach. The results of this study found that there are two forms of isim maushul, namely isim maushul khaash and isim maushul musytarak. From the shilah there are shilah in the form of several fi'iliah, namely fi'il madhi, fi'il mudhori, and shibih sum, namely jer majrur. While from a'id found dhomir mustatir and dhomir bariz. In his position, isim maaushul has the position of khobar muqoddam, mudhof ilaif, majrur, mubatada' maful bih, badal and in terms of its meaning, it is found the meaning of people who, something that is, material that is, what is that, oaths that are, food that is and women that are.
EFEKTIVITAS PELAYANAN PENCATATAN NIKAH DI KUA KECAMATAN BALIKPAPAN SELATAN SETELAH DIBERLAKUKANNYA INSTRUKSI DIRJEN BIMAS ISLAM NOMOR DJ.II/1 TAHUN 2015 Shaleh Shaleh
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 01 (2023): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i01.260

Abstract

The background of this research is the implementation of the Director General of Islamic Guidance No. DJ.II/1 the Year 2015 Instruction which deactivates the Assistant of Marriage Registrar or "Penghulu" in marriage and divorce services in all sub-district Religious Affairs Offices except for those classified as D-1 and D-2. South Balikpapan District Religious Affairs Office is classified as B with a monthly average of 70-90 marriage events, while the number of "Penghulu" in charge of attending and witnessing marriage contracts is only one person. This research aims to determine the obstacles in implementing the Director General of Islamic Guidance No. DJ.II/1 theYear 2015 Instruction in South Balikpapan District Religious Affairs Office and the effectiveness of marriage registration services in South Balikpapan District Religious Affairs Office after the implementation of the instruction. The type of this research is analytical descriptive with a qualitative descriptive research method, which produces descriptive data in the form of written and spoken words as well as observed behaviors. The data collection techniques used were observation, interviews, and documentation. The qualitative data analysis technique was conducted by working with the data, organizing it, breaking it down into manageable units, synthesizing it, identifying patterns, identifying important aspects to be studied, and deciding what can be reported to others. The researcher applied the methods presented by Miles and Huberman, particularly the data reduction phase, collecting and selecting data, and focusing on important parts. After the data visualization phase, the researcher analyzed the selected and collected data and concluded. In the process of concluding, the researcher used an inductive method, which is to draw conclusions based on specific data analyzed and general conclusions from observations, interviews, and documents. The findings of this research indicate that the obstacles in implementing the Director General of Islamic Guidance (Dirjen Bimas Islam) Instruction No. DJ.II/1 of 2015 at the Office of Religious Affairs in South Balikpapan Sub-District is the lack of human resources among the marriage officials and administrators, resulting in a heavy workload and the erosion of local wisdom. However, the marriage registration service at the Office of Religious Affairs in South Balikpapan Sub-District runs quite effectively according to the ten service quality indicators proposed by Zeithaml.
ORGANISASI KEMASYARAKATAN PERSPEKTIF HAK ASASI MANUSIA Hartono Hartono
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 01 (2023): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i01.261

Abstract

The rights to associate and assemble that are indebted to social organizations are citizens' rights that are protected by the Indonesian constitution. In the course of history, the Indonesian nation cannot be separated from the presence of these social organizations. The theoretical framework used in viewing the problem above as an analytical tool includes human rights theory. While the method in writing this journal is doctrinal research with a qualitative approach in the form of a prescriptive law as its object. Sources of data are in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that; the right to associate and assemble in the form of community organizations for citizens is constitutionally protected. However, the rights to associate and group are derogable rights, namely rights that the state may reduce or limit when these rights threaten the rights of other people.
HAK WARIS ISLAM DITINJAU DARI HAM DAN KESETARAAN PERSPEKTIF NURCHOLIS MAJID Rahman, Gazali; Andaryuni, Lilik
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.285

Abstract

This research focuses on NurCholis Majid's perspective on inheritance rights in Islam from the standpoint of human rights and the principle of equality. NurCholis Majid is an influential Muslim intellectual in religion study and social issues in Indonesia. In NurCholis Majid's understanding, inheritance rights in Islam should see in a broader context, including the universal values of human right. According to NurCholis Majid, inheritance rights should be based on the principle in gender equality, which means granting equal rights to men and women. Although Islamic tradition tends to allocate a larger share of inheritance to men, NurCholis Majid proposes that the principle’s' quality should be uphold, thus requiring reforms in the interpretation of inheritance. He believes that fair and equal inheritance rights would be more in line with human values and the human rights. This research adopts an interdisciplinary and normative juridical approach that is qualitative. The results show that NurCholis Majid's perspective on inheritance rights in Islam emphasizes the need to integrate human rights principles and gender equality into the practice of fair inheritance. In facing social and cultural challenges, a dialogic approach and social transformation are considered the importance for achieving sustainable changes toward equal inheritance rights in Islam
PENDIDIKAN AGAMA DAN KONSTRUKSI GENDER DALAM MASYARAKAT ISLAM Husni Abdulah Pakarti, Muhammad; Hendriana, Hendriana; Farid, Diana; Ulpah, Ghina; Afifah, Nurul
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.298

Abstract

Gender construction in Islamic societies was influenced by religious interpretations and local culture, which can affect social roles and expectations for individuals based on gender. This research aims to analyze the interaction between Islamic religious education and gender construction in Islamic society context. This research uses a qualitative method with a literature study approach or literature analysis to collect and criticize literature related to religious education, gender, and Islam. After the data is collected, it is analyzed to produce concrete conclusions. The research findings indicate that religious education has a significant role in maintaining and changing gender construction in Islamic society. The interpretation of religion and its emphasis in the religious education curriculum can influence how gender roles are defined and implemented daily. In addition, cultural factors and social context also play a role in shaping gender construction in Islamic societies. Local traditions, social norms, and historical factors can reinforce or change perceptions of gender roles in society. The research also highlights the importance of religious education in reflecting on Islamic teachings to promote gender equality and overcome patriarchal views. This research was expected to provide further insights into how Islamic religious education can influence the construction of gender in Islamic societie
MENGUCAPKAN SALAM KEPADA NON MUSLIM DALAM PERSPEKTIF FIQIH Tauhid, Moh.
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.299

Abstract

Fiqh also has the function in determining the practical laws that might be followed by Muslims in various aspects of life, such as worship, Muamalah (transactions), and family. Fiqh also helps apply Islamic teachings in the context of modern times, even though the basic laws still apply, and allows adjustments in technical matters that did not exist at the time of the Prophet Muhammad SAW. It based on verses of the Qur'an and Hadith, which often have deep and complex meanings. The purpose of this study was describe, analyze, and provide an interpretation of the concept of greeting, saying greetings, and responding to greetings from non-Muslims from a Fiqh perspective. The method applied in this research is library research. The result is that the concept of greeting in Islam has a deep dimension of peace, tolerance, harmony, and affection between individuals and society. Although there are variations in interpretation and practice within the perspective of Fiqh, these principles teach Muslims to maintain an open, respectful, and compassionate attitude in interactions with all people, including non-Muslims. Then, in terms of answering greetings from non-Muslims, a Muslim can answer with different answers, namely by answering with wa'alaikum, 'alaika aw wa'alaika, and ma qulta. Thus, it hoped that this research could provide additional insight for religious people that reflected peace, tranquility, and safety in all aspects of life.
QIYAS VIS A VIS AD DALALAH (MENGUAK PENOLAKAN ABU MUHAMMAD TERHADAP QIYAS SEBAGAI SUMBER HUKUM ISLAM) Mustatho, Mustatho
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.300

Abstract

In legal Istinbath, Abu Muhammad was known as a scholar who strictly adheres to the outward texts. Therefore, he has been critical of the clergy who give the role of ratio in determining the law. In his view, Islamic law originates from Allah SWT is determined by Allah clearly in the texts of the Qur'an and Sunnah, and is practiced by consensus by Muslims. The third source of law in Islam is Ijma'. Ijma itself has to rely on the texts because there is no Ijma' without relying on the texts. So Abu Muhammad stipulates that the three sources of law above are the mains references in carrying out legal Istinbath. He rejected qiyas as the fourth source of law was the opinion of the scholars’ majority. To examine this issue, this research is literary with the substance of character research. The research method used is the content analysis method, namely analyzing the thoughts of Abu Muhammad in various existing writings. The results of the research show that to respond the various contemporary problems that arise, for which answers cannot be found explicitly in the texts, both in the Qur'an, Sunnah, and Ijma', Abu Muhammad has the method was also the fourth source of law after Ijma'. The source of law used by Abu Muhammad is known as ad Dalil. However, in further development, the concept of ad Dalil from Ibn Hazm was considered by other Ulama as a source of law or a way of Istinbath law was no different from the qiyas used by previous scholars.
THE ROLE OF PARENTS IN SHAPING POLITICAL AWARENESS IN FIRST-TIME VOTERS AMONG FAMILIES IN THE SOUTH SANGATTA DISTRICT EAST KUTAI REGENCY Rahmat, Ismail
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.306

Abstract

The family is considered the primary pillar in children's lives journey. Within the family's scope, there are many lessons and teachings that can be acquired, including in the realm of education. Education takes on various manifestations that serve as the foundation for children's development and preparation for life outside the family. One aspect of education that was often overlooked is political education. Political education is crucial for shaping children into quality citizens. Therefore, the family plays a vital role in delivering political education to children. Parents, as family members, have a primary role in the delivery of the political education. This research is descriptive-quantitative in nature and employs proportional stratified random sampling techniques. Data was obtained through interviews and the use of questionnaires. The research findings indicate that the parental education level, whether elementary, junior high, high school, or a bachelor's degree, influences their role in providing political education to children. Parents with higher levels of education tend to play a more significant role in delivering political education. Efforts to enhance the political awareness of children include providing the comprehension, political knowledge, discussions about politics, and supporting children's participation in political activities. However, in the process, parnts face several obstacles their efforts to instill political awareness in children as first-time voters in the South Sangatta Selatan District, East Kutai. These obstacles involve factors such as the parents' education level, children's attitudes, socio-economic situations, and socio-cultural aspects in the children's social circles. These factors present challenges in the endeavor to instill political awareness in children.

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