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INDONESIA
Al-Usroh : Jurnal Hukum Keluarga Islam
ISSN : 30255872     EISSN : 29887488     DOI : https://doi.org/10.55799/alusroh.v1i02.285
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
PERKAWINAN ANAK SEBUAH KRIMINAL ? Abdul Basir, Muchammad; Nugraha, Alfajar
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.v1i02.328

Abstract

The problem of child marriage does not only occur in Indonesia but in all parts of the world still have problems In child marriage, in child marriage there are often violations in the form of discrimination related to children's rights even if the violation is a crime for the parties involved because there is a criminal threat in it. Therefore, in this case, the author will analyze the extent of criminal elements that occur in child marriage by examining based on the theory of the state of law and the theory of punishment related to child marriage. This research was conducted qualitatively using a normative juridical approach. Qualitative methods are used to understand and explain social phenomena or human behaviour. The focus is on context, meaning, and interpretation of the data. This approach focuses on how principles or standards are used in positive law. Based on the results of the author's analysis several criminal elements can be criminalized related to child marriage, namely as contained in articles 287-288 of the Criminal Code with subjective and objective elements, namely the woman who is by the husband is his wife, who is not yet married and causes injuries then threatened criminally and in article 26 paragraph (1) point c of the Child Protection Law,  Parents have violated children's rights by not trying to prevent marriage at the age of children. So that everyone, including parents who intentionally or unintentionally have committed acts of discrimination against children which results in children experiencing both material and moral losses so that their social functions or neglect of children that cause children to experience pain or suffering, both physical, mental and social, are threatened with crime which in this case can be associated as forced marriage by examining that a child cannot provide Informed consent so that the possibility of marriage being coerced in the form of persuasion from someone, both parents, family, and other people is a form of discrimination.
KESENJANGAN USIA DALAM PERNIKAHAN MENURUT FIQH MUNAKAHAT DI KECAMATAN WARUNGASEM Apriliani, Ida Fara; Afiyah, Maulida; Hami, Widodo
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 2 No. 01 (2024): Juli
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v2i01.327

Abstract

This research aims to explain the age gap that occurs in marriage. The subjects in this study were husband and wife couples whose ages were more than 8 years apart.  Interviews and observations were conducted in October 2023. This research used descriptive qualitative research methods. The aspects discussed in this research are the meaning of marriage itself, the factors that cause the age gap in marriage, and also the impact of this large age difference. The results of this research are that marriages with a large age gap do not affect the household situation becoming strained, even if the husband is more mature, then he will be able to guide his wife and children. Couples who are ready to get married physically and mentally are also expected to have a prosperous and quality family.
KAFAAH DALAM PERNIKAHAN UNTUK MEMBENTUK KEHARMONISAN RUMAH TANGGA Mazaya, Ayda; Laeliyah, Rokhu Dlotul; Hami, Widodo
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 2 No. 01 (2024): Juli
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v2i01.330

Abstract

Islam encourages forming a family, marriage is His Sunnah. Marriage is also a servant's way of getting closer to the Creator, provided that he marries the right person. Because family is like a small picture in life that fulfills human desires, without eliminating needs. This research uses qualitative research methods with a literature study approach. Research findings show that forming a harmonious and harmonious family is everyone's desire. Marriage is not only about fulfilling instincts and sharing material desires, but more than that there are various tasks that must be fulfilled, both psychologically, spiritually and socially which must be responsibilities. Including things that must be fulfilled, namely Kafa'ah. Kafa'ah in marriage, according to Islamic legal terms, is balance and harmony between the prospective wife and husband in terms of social, moral and economic levels, so that each candidate does not find it difficult to enter into marriage. Kafa'ah in marriage regarding household harmony is seen from several criteria that are taken into consideration, such as religion, lineage, assets, profession and also physical absence of defects. The influence of kafa'ah in marriage can be seen from several criteria in choosing a life partner.
PERAN TNI ANGKATAN DARAT DALAM MEMBANGUN KETAHANAN KELUARGA (STUDI KASUS PERUMAHAN SOKOWATEN SOROWAJAN BARU BANGUNTAPAN BANTUL YOGYAKARTA) Kamilia, Nur
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 2 No. 01 (2024): Juli
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v2i01.379

Abstract

Every individual is no exception in the household life of TNI members, that is they can build a harmonies family if they properly understand the role of each member of the family in the midst of their busy lives as civil servants and other profession, which is not an obstacle to running away from their role. What must be done for the resilience of a family. Families or individuals who are able to survive all existing conditions have the opportunity to have strong family resilience. The research method used is qualitative-descriptive, with data collection techniques in three ways, namely observation, interviews, and documentation. The result of this paper is more or less the discovery of several important roles played by the TNI AD and his wife in building household resilience, namely: 1. Good communication between husband and wife. 2. Share roles. 3. Mutual trust. 4. Vacation together or spending time with family. 5. Good communication with extended family and with in-laws. 6. Cultivate a sense of responsibility to children, especially to boys. 7. Applying authoritarian and democratic parenting. 8. Changing the role of the husband. 9. Take the wife wherever the husband is on duty. 10. Accompany my husband wherever he changes his job. With this, it is hoped that the TNI AD family will pay more attention to their role as family members so that they can build family resilience to build national resilience.
KELUARGA SAKINAH: IDEALISME DAN IMPLEMENTASI DALAM AL-QUR’AN Salsabila, Siti Nurul; Sarlina, Sarlina; Aminah, Nurul; Nudya, Yusi; Shifa, Naina; Chandra, Andi; Ahmad, Ilham; Gozali, Imron
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 2 No. 01 (2024): Juli
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v2i01.468

Abstract

The Koran, as the holy book of Muslims, not only contains spiritual guidance but also provides ideal principles that influence various aspects of human life. This research aims to identify the elements of idealism contained in the verses of the Koran and how these principles are applied in building a sakinah family. This research uses a qualitative approach. The main source used is the Al-Quran text, while references from various literature, such as books, journals, websites are used as secondary sources to provide additional context and interpretation related to the implementation of Al-Quran values ​​in building a sakinah family. Research findings show that the Al-Qur'an as a guide in forming a sakinah family is an indisputable necessity. The Koran is not only a source of religious teachings, but also provides practical guidance in managing family relationships. Implementation of the values ​​of the Koran, such as love, understanding, patience and good communication, is a solid foundation for the success of creating a harmonious and peaceful family. The existence of the Koran as a guide ensures that every step taken by family members is based on the principles taught by the religion.
SEJARAH DAN PERKEMBANGAN PERADILAN ISLAM MASA KEMERDEKAAN SAMPAI REFORMASI Hartono, Hartono; Basir, Muchammad Abdul; Hadi, Muh Din Syamsul; Nurhaliza, Febriana; Hanafi, Lailatul Maulidya
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 2 No. 01 (2024): Juli
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v2i01.498

Abstract

This study examines the history and development of Islamic judiciary in Indonesia from the independence period to the reform era. The main focus is to identify structural, legal, and role changes of the Islamic judiciary in the context of political and social dynamics during this period. In the early days of independence, the Islamic judiciary was part of the national legal system and faced various challenges in enforcing Sharia law. Significant changes occurred throughout the Old Order, New Order, and especially during the reform era, marked by decentralization and democratization that strengthened the position of the Islamic judiciary. This study employs a historical approach and policy analysis to explore the transformation of the Islamic judiciary in response to various political and social changes in Indonesia. The results of the research indicate that the Islamic judiciary has developed significantly, adapting to constitutional and legal changes, and plays an important role in law enforcement in Indonesia. However, there are still challenges in the full integration of the Islamic judiciary into the national legal system that need to be addressed.

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