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Jurnal Hukum Islam dan Hukum Keluarga
Published by Institut Agama Islam Negeri Pontianak
ISSN : -     EISSN : 29887348     DOI : https://doi.org/10.24260/al-usroh
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Other
Al-Usroh is a Scientific journal in the field of Islami Family Law that published by Islamic Family Law Program Shariah Faculty State Institue Of Islamic Religious Pontianak. This journal countains the masterpiece of writers and reserches. This journal welcomes contribution from scholars and expert in releated disciplines, especially from Islamic Family Law Scholars. Al- Usroh is published twice a year in July and December. The focus of Al-Usroh is to provide a place for students to publish the original research of their undergraduate thesis. The scope is only on Islamic Family Law related to Islamic Family Law Department.
Arjuna Subject : Umum - Umum
Articles 54 Documents
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PANDANGAN KEPALA KANTOR URUSAN AGAMA (KUA) MELAWI TERHADAP FENOMENA PERNIKAHAN BEDA AGAMA DI KABUPATEN MELAWI Rendi Julianto; Muhammad Hasan; Arif Wibowo
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.915

Abstract

The purpose of this study was to find out: 1) To find out the views of the head of the office of religious affairs (kua) melawi on interfaith marriages between Muslim men and non-Muslim women. 2) To find out the views of the head of the office of religious affairs (kua) Melawi on interfaith marriages of non-Muslim men and Muslim women. Primary data source Head of Religious Affairs Office (KUA) Melawi. This study uses interview data collection techniques. Meanwhile, data analysis by reducing the very basic things is then summarized to be presented in the form of a narrative. So that it can be concluded, the data is also checked for validity by triangulating sources. The results showed: 1) The views of the head of the Office of Religious Affairs (KUA) Melawi on interfaith marriages, where Muslim men marry non-Muslim women, namely that there are those who state that it is not permissible based on QS Al-Baqarah 221, Law Number 16 of 2019 Amendments to Law Number 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa concerning interfaith marriages. In addition, there are also those who say that marriage is permissible as long as it is with an ahlul Kitab based on QS Al-Maidah 5, and the jurists of 4 schools of law allow interfaith marriages with an ahlul Kitab. 2) The view of the head of the Office of Religious Affairs (KUA) melawi on interfaith marriages for non-Muslim men marrying Muslim women. All heads of KUA Melawi agree that interfaith marriages for Muslim men marrying non-Muslim women are illegal and unlawful based on QS Al-Baqarah 221, QS Al-Mumtahanah 10, Law No. 16 of 2019 Amendments to Law No. 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa on interfaith marriages.
EFEKTIVITAS SIDANG KELILING DALAM PENYELESAIAN PERKARA CERAI GUGAT DI PENGADILAN AGAMA SUNGAI RAYA Mursyid Mursyid; Muhammad Hasan; Nur Hakimah
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.919

Abstract

The purposeoof this research isito find out: 1). The effectiveness of the implementation of the circuit court at the Sungai Raya Religious Court. 2). The effectivenesss of case settlement throughha circuit courtiat the Sungai Raya Religious Court in 2021. This study uses a qualitative method with an empirical type. Sources of data are primary data through interviews with clerks, substitute clerks and judges. While secondary data is taken from literature related to this research, such as Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Legal Services for the Poor and Supreme Court Circular Number 10 of 2010 concerning Guidelines for Legal Services in Religious Courts. Data collection techniquessare interviewssand documentation.aThe data collection toollused by the researcher is an interview guide. While the data analysis techniques researchers use data reduction, data presentation and drawing conclusions. Then the validity of the data is checked by member checking method. The results showedethat: 1). The effectiveness of the circuit court implementation can be seen from the implementation procedures that can reduce the queues of cases that accumulate at the Sungai Raya Religious Court Office. As for service users, the perceived benefit is a closer distance. So that it can be said that the circuit court is effective in terms of the procedures for its implementation. 2). Judging from the settlement of the case, it can be seen from the handlingeof cases that are relatively few and do not require a long time so that they are more relaxed in completing the settlement of cases that are resolved through mediation. In addition, the effectiveness of the settlement can be seen in the financing where service users are more efficient in transportation to the location. So that the trial can be opened to run effectively from the settlement of the case is enough.
PENYALURAN ZAKAT FITRAH KEPADA DUKUN BERANAK DALAM TINJAUAN HUKUM ISLAM Dedi Setiawan; Marluwi Marluwi; Moh. Fadhil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.926

Abstract

This study aims to find out why the people of Dusun Rantau Panjang choose to distribute zakat fitrah to traditional birth attendants and to know about the delivery of zakat fitrah to traditional birth attendants according to Islamic law. This study uses a qualitative method (field research) empirical normative type. Sources of primary data through interviews and secondary data from previous studies. While the data analysis technique consists of data reduction, data presentation and conclusions. Then the validity of the data is checked by doing a member check. The results showed that the distribution of zakat fitrah in Dusun Rantau Panjang was distributed directly and through amil zakat. The distribution of zakat fitrah to traditional birth attendants is still not in accordance with Islamic law because the traditional birth attendant is still considered a capable person. Some people channel their zakat to traditional birth attendants because they do not know their legal status. The distribution of zakat fitrah for dukun beranak is not in accordance with the provisions in the Qur'an at-taubah verse 60. Traditional birth attendants tional midwife can receive zakat fitrah if they fall into one of the eight asnaf categories.
PERMOHONAN DISPENSASI NIKAH DI BAWAH UMUR DI PENGADILAN AGAMA NANGA PINOH PADA TAHUN 2020 Siti Hardayanti; Marluwi Marluwi; Sa'dulloh Muzammil
Al-Usroh Vol 3 No 1 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.938

Abstract

This study aims to find out: The reasons for the application for exemption for underage marriage at the Nanga Pinoh Religious Court and the basis for the judge's considerations in examining and determining the case for the requesting for exemotion for underage marriage at the Nanga Pinoh Religious Court. The method used in this study is a qualitative method with the type of empirical juridical research. The primary data source used was interviews with the Judge and Registrar of the Nanga Pinoh Religious Court. The secondary data used are books, journals, previous theses, Law No. 1 of 1974, Law No. 16 of 2019, Supreme Court Regulation Number 5 of 2019, as well as the annual case report of the Nanga Pinoh Religious Court. Data collection techniques in the form of interviews, observation and documentation. Then the data analysis technique uses reduction, presentation and conclusion drawing. After all the data is collected, then its validity is checked using source triangulation. The findings of this study indicate that the Request for marriage exemption at the Nanga Pinoh Religious Court is caused by changes to the Marriage Law, then there are very urgent reasons such as having had sexual relations which led to pregnancy outside of marriage. Worried about the emergence of slander from the community, then the habits of some people. In handling the marriage dispensation, the Judge is guided by PERMA No. 5 of 2019 especially the best interests of the child, during the process of handling marriage exemption cases there are supporting factors such as clear regulations, awareness of the applicant's parents, as well as electronic litigation regulations. The inhibiting factors are that the applicant does not present the parties, the administrative requirements are incomplete, the size of the jurisdiction of the Nanga Pinoh Religious Court, the community does not understand technology, and there is a language barrier.
PERCERAIAN KARENA FAKTOR EKONOMI DI DESA SUNGAI NYIRIH KECAMATAN SELAKAU KABUPATEN SAMBAS Melly Nuryanti; Marluwi Marluwi; Nur Hakimah
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.940

Abstract

This article examines divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. The purposes of this research were to find out: 1) Indicators of factors that cause divorce in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas; 2) The view of Islamic law on divorce due to economic factors in Desa Sungai Nyirih, Kecamatan Selakau, Kabupaten Sambas. This study used qualitative methods as the type of research used to obtain the data, the data sources used in this study were: 1) primary data sources data obtained from interviews with residents who experienced divorce due to economic factors; 2) secondary symbiotic data from books, journals and KHI (Islamic Law Compilation). This study also uses data collection guidelines using observations and interviews and uses data collection tools with interviews and smartphones to document images and sound recordings via cell phones. Based on this analysis, the researcher concluded that: 1) economic factors were one of the effects of divorce because there was no inner livelihood and love lost because of the husband's selfishness in providing a living, there was no level because it was by the husband's ability to meet the needs of life. 2) the view of Islamic law in the Shiqot Taklik Talak, if the husband does not provide for 3 months in a row divorce or the wife demands a divorce from her husband, divorce is allowed if there are problems experienced between the spouses.
PELAKSANAAN AKAD NIKAH DI KANTOR URUSAN AGAMA KECAMATAN SUNGAI AMBAWANG KABUPATEN KUBU RAYA PADA SAAT PEMBATASAN SOSIAL DI MASA PANDEMI COVID-19 Asi Sastika; Ardiansyah Ardiansyah; Arif Wibowo
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.949

Abstract

In a marriage if you want to be declared legal according to religion and state, of course it must be recorded at the local District Office of Religious Affairs (KUA) in order to have clear legality, but due to the Covid-19 outbreak, the community is hampered and the implementation is different. So that the purpose of this research is 1) Knowing what the social impacts during the covid-19 pandemic are for people who carry out contracts at the KUA, Sungai Ambawang District. 2) Knowing how to carry out the marriage contract between the guardian and the prospective groom at the KUA, Sungai Ambawang District when socializing. Using qualitative research methods, namely field research and sociological juridical approach. The data sources used primary data in the form of interviews with the head and head of the KUA Sungai Ambawang District and secondary data in the form of books, articles, journals and other documents. Data collection techniques in the form of interviews and documentation. Data collection tools using interview guidelines and soft phones. then checked for validity using source triangulation. The data analysis technique uses data reduction, data presentation and conclusion drawing. So it can be said that: 1) The social impact during the covid-19 pandemic for people who carry out the marriage contract at the KUA, Sungai Ambawang District is to minimize wedding financing because there is no reception. And when planning a festive wedding reception is on the agenda and something may not happen. And 2) the implementation of the marriage contract at the KUA, Sungai Ambawang District at the time of social registration by registering online through simkah.web. And at the time of the implementation, keep shaking hands normally, only applying health protocols and using gloves for the prospective groom and the head of the village/guardian to avoid direct transmission of COVID-19.
MAKNA NORMATIF TAGAN DALAM WALIMAH URUSY MASYARAKAT PARIT BARU SELAKAU KABUPATEN SAMBAS Ika Ayuni Lestari; Wagiyem Wagiyem; Arif Wibowo
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.950

Abstract

Objectives of this study: 1) To know more clearly the Tagan practice system at the walimah urusy of the community from Selakau District of Sambas Regency in Parit Baru Village. 2) Legal firmness sourcedfrom the Qur’an, hadith, ijma', or qiyas as well as local personalities of ulama who explain the Tagan tradition in terms of the principle of dain (debt) or similar as a syara' argument. This study uses a qualitative method with the type of empirical-normative research. The techniques for collecting data are library research, interviews, observations, and documentation with primary data sources from the expert and secondary data sources from literacy references. The technique to validate the data is a reliability test with a research site in Parit Baru Village, Selakau District, Sambas Regency. The results of the study: 1) There is a tradition in Barit Baru village called Tagan, and the practice of Tagan was held by the wedding ceremony, the community donates goods, food ingredients, food, drinks, tents, sound music, etc. to the practice organizers as much as they can from the donation, where this donation must be exchanged Later with the same item while the donors are holding the wedding. 2) Tagan traditions based on the dain principle must be paid exactly as they are due, without reducing the level, price, amount and taste. However, with the times that are increasingly advancing and changing, there will of course be significant changes in the quality of the merchandise. So the Tagan should be paid at the fair price of the goods at that time and not following the previous price. The rule of Tagan crowns is permissible and does not contain the elements of usury. The law of Tagan is permissible and does not contain the elements of usury. So linearly, walimatul 'ursy which uses the Tagan tradition is halal.
FAKTOR-FAKTOR PENYEBAB TINGGINYA CERAI GUGAT DI KABUPATEN SINTANG Indah Lestari; Marluwi Marluwi; Nanda Himmatul Ulya
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.952

Abstract

The aims of this study are: 1) To find out the factors that cause the high rate of divorce in the Sintang Religious Court; 2) To find out the stages of handling a lawsuit for divorce in the Sintang Religious Court. This research uses qualitative methods, while the type of research used is empirical research that uses data in the field as the main data source. The data sources of this study used primary data sources, namely in the form of interviews with judges and clerks of the Sintang Religious Court whose subjects had been determined, then secondary data sources, namely from books, documents, journals and other data sources that could complement this research. The technique used in this research data collection is observation, interviews and documentation. The data collection techniques in this study were using interview guidelines, observation guidelines and smart phones. And the researcher's data analysis technique used data reduction, data exposure and drawing conclusions. Furthermore, the data validity technique is using triangulation techniques between data sources. Based on the analysis conducted by the researchers, it can be concluded that: 1) The factors that cause the high level of divorce in the Sintang Religious Court are due to continuous disputes and quarrels, leaving one party, economy, apostasy, domestic violence (domestic violence), gambling, drunk, sentenced to prison, disabled and forced marriage. However, among the factors above, the most dominant in the Sintang Religious Court is due to continuous disputes and quarrels between husbands. 2) The following are the stages of handling the divorce petition at the Sintang Religious Court, namely: reconciliation efforts, reading of the plaintiff's lawsuit, the defendant's answer, the defendant's reply, the defendant's duplicate, proof, the conclusions of the parties, the panel of judges' deliberation and the judge's decision.
PROBLEMATIKA JURU SITA DALAM MELAKSANAKAN TUGAS DI PENGADILAN AGAMA NANGA PINOH Sofian Sofian; Marluwi Marluwi; Nanda Himmatul Ulya
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.954

Abstract

The objectives of this study are: 1) To find out the problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties. 2) To find out whether the bailiff at the Nanga Pinoh Religious Court has carried out his duties in accordance with Law Number 50 of 2009 concerning the second amendment to Law Number 7 of 1989 concerning Religious Courts. The results of the study can be concluded as follows: 1) The problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties, namely the infrastructure that is less supportive, because there are villages that do not have road access for motorbikes to pass, during the rainy season natural disasters such as floods and landslides, the names of the parties are different between the nicknames and the names on the ID cards, making it difficult for the bailiff to find the litigants and in divorce cases the address of one of the parties is difficult to find. 2) The bailiff at the Nanga Pinoh Religious Court is only in charge of summoning the litigants. The bailiff at the Nanga Pinoh Religious Court has also carried out his duties in accordance with Law No. 50 of 2009 concerning the Second Amendment to Law No. 7 of 1989 concerning the Religious Courts, judging by the number of cases at the Nanga Pinoh Religious Court in 2021 which have completed 1 cases of polygamy permits, 39 cases of divorce divorce, 119 cases of litigation, 2 cases of joint property, 1 case of child control, 5 cases of guardianship, 18 cases of marriage legality, 87 cases of dispensation for marriage, 11 cases of guardian adhol and 2 cases of determining heirs. where the bailiff has a very important role in resolving the case.
WANITA KARIER DALAM KELUARGA PERSPEKTIF FEMINISME DALAM ISLAM Muhammad Zikrurahman
Al-Usroh Vol 3 No 2 (2023): Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i2.1985

Abstract

Abstract The aim of this research is to eradicate the ignorant thoughts that still linger regarding people's beliefs that think that women do not have the right to have a career or that women are only limited to domestic matters. With the means of feminism, women can fight for their rights to have a career according to their competence as long as this does not have a negative impact on them. The method used in this research is a library research method. that library or literature study can be interpreted as a series of activities relating to methods of collecting library data, reading and taking notes and processing research materials. The results of this research show that based on feminism in Islam, women are allowed to pursue careers in accordance with women's characteristics, because Islam has principles of justice and human equality, both women and men, from slavery to traditionalism, authoritarianism (religious, economic, political or other). , racism, sexism, tribalism, slavery or anything that hinders people who want to actualize the Qur'anic vision. Then for women who have a career, of course there are conditions that must be met before starting a career.

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