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Rafida Ramelan
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Usroh: Jurnal Hukum Keluarga Islam
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : 26151057     EISSN : 28100905     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Family Law Islamic Family Law Family Study Legal Drafting of Islamic Civil Law Customary Law Sociological Law Marriage and Gender Issue Islamic Inheritance Law History of Islamic Family Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 5 No 1 (2021): Usroh" : 6 Documents clear
HAK MEMILIH ALAT KONTRASEPSI PERSPEKTIF GENDER DAN HUKUM ISLAM Kms Al Fathur Ihsan; Syahril Jamil; Sandy Wijaya
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Using of the contraceptives in household cases between husband and wife is still a gender gap, as the impact of contraceptive use causes some repercussions for some womenFrom this background, the writer formulates the problem as follows: What are the obstacles in choosing contraceptives for married couples from a gender perspective? What is the perspective of Islamic law on the right to choose contraceptives for married couples. The research method is normative research. Data collection is carried out by a library process, namely through research originating from laws and regulations, books, official documents, publications, and research results, the data is analyzed descriptively qualitatively, then conclusions are drawn using the deductive method, namely drawing conclusions from general to specific. The obstacle in choosing contraceptives was due to the inappropriate number of contraceptives for men and women, namely two versus five. Program policy makers were not yet gender sensitive and women did not have the power to decide contraceptive methods, resulting in dependence on husband's decisions. The perspective of Islamic law on the right to choose contraception is permissible as long as it has the motivation to regulate the birth spacing in order to create a sakinah mawaddah warahmah family Keywords: Keluarga Berencana, Contraceptive Devices, Islamic Law
PERNIKAHAN SAKINAH MAWADDAH WARAHMAH BAGI PENYANDANG TUNANETRA (STUDI KASUS KAMPUNG TUNANETRA KECAMATAN ILIR TIMUR 2 PALEMBANG) Silfa Afriyani; Arne Huzaimah; Napisah Napisah
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

A marriage aims to create a sakinah, mawaddah, warahmah household life. From this goal it becomes a desire for every married couple, as well as for blind couples. So this research the authors formulate the problems, namely: (1) how to understand the family sakinah, mawaddah, warahmah for blind couples (2) how are the efforts to form a sakinah, mawaddah, warahmah household for blind couples. This research method uses field research methods (field research), the data sources used are primary data sources obtained from interviews with respondents in the field, then secondary data obtained from books and scientific papers. Data collection techniques are direct interviews, field survey and documentation. The data analysis used was qualitative inductive, namely drawing conclusions from general statements drawn to specific statements. From the results of the research that has been done, it can be concluded that: (1) Understanding the sakinah, mawaddah, warahmah family for blind couples is a family that is peaceful, peaceful, gives love to all family members, is always grateful to Allah SWT, can solve problems by well and of course support each other. (2) As for how to form a sakinah, mawaddah, warahmah family, namely by promoting a sense of love and affection between family members, understanding each other, understanding, appreciating, not demanding more of each other, establishing good communication, and always solving problems by giving in to each other. so that things that are not desirable happen. Key words: Visually impaired, family, sakinah mawaddah warahmah
ANALISIS PENERAPAN ASAS GUGATAN KURANG PIHAK (PRULIUM LITIS CONSORTIUM) SEBAGAI ALASAN HAKIM MENOLAK GUGATAN WARIS (Studi Putusan Nomor 0735/Pdt.G/2015/PA.Bgr) Jeri Ariansyah; Siti Rochmiatun; ifrohati ifrohati
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Religious Courts, as seeking justice for interested parties, in legal parties that are often encountered regarding war lawsuits. The judge is of the opinion that all heirs must be included in the inheritance lawsuit as subjects. In the case of inheritance, an error occurred in the investigation regarding the parties involved in the Religious Courts. an error in the inheritance lawsuit so that the lawsuit cannot be accepted by the judg(prulium litis consortium). Type of research library research, using a conceptual and legal approach. Types of data from qualitative data, legal materials: primary law, secondary law, and tertiary law. Qualitative descriptive analysis technique. The subject in the case of inheritance of decision 0735/Pdt.G/2015/PA.Bgr there are 3 heirs, parties in the case are only the first child as defendant, the third child as plaintiff. In addition, there are parties who should be included in lawsuit as co-defendants who control the inheritance because of the ownership rights by way of buying and selling between the first child as the seller, and the third party as buyer. application of the prulium litis consortium principle that judge has erroneously applied this principle so that the second heir who will be appointed as a co-defendant. Key words: Prulium Litis Consortium, Heirs, Religious Court
TANAH ABSENTEE DARI WARISAN KELUARGA DI DESA DAYA MURNI JALUR 16 MUARA SUGIHAN BANYUASIN DALAM PERSPEKTIF HUKUM KELUARGA ISLAM Eka Rustiana; Heri Junaidi; Antoni Antoni
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

Absentee Land from Family Heritage In Daya Murni Village Jalur 16 Muara Sugihan Banyuasin In The Perspective of Islamic Family Law, problem that occurred in the community about absentee inheritance land that isn’t directly utilized by the heirs but managed by the community. Based on this, this study will further examine it on How to empower and review Islamic Family Law on absentee land from heritage in Daya Murni Village Jalur 16 Muara Sugihan. The research method used is field research, the data source used is the primary data source obtained from interviews with respondents in the field, then secondary and primary data. Using qualitative descriptive methods, then analyzed to determine Islamic family law against the prohibition of absentee land ownership and it's utilization. research stated, Absentee land obtained from the heritage in the Village Daya Murni Line 16 Muara Sugihan isn’t in line with the Basic Agrarian Law of the Republic of Indonesia, economic side of the community isn’t left abandoned and managed village community. Islamic Family Law Review Against the Utilization of absentee land obtained from the inheritance hasn’t awakened the values of sakinah both within the family sphere and in the social sphere. Keywords: Absentee Land, Inheritance, Islamic Family Law
KRITERIA SAKSI DALAM MEMBERIKAN KESAKSIAN YANG BENAR PADA PERKARA PERCERAIAN DI PENGADILAN AGAMA KELAS 1A PALEMBANG Muzakki Mursyad Adib; Duski Ibrahim; Yuswalina Yuswalina
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

This research is entitled Judge's View of Witness Criteria in Providing Correct Testimony in Divorce Cases in Palembang Class 1A Religious Court. The background of this thesis is that the witness evidence is very influential in the netting of the trial. But on the other hand that it is not uncommon for a witness to not mention what happened actually, for certain reasons. This research problem formulation. 1). What is the Judge's View of the Witness Criteria in providing actual testimony on divorce cases in Palembang's Class 1 Religious Court. 2). How is the Judge's View of the Witness Criteria in providing actual testimony on divorce cases according to Islamic Family Law. This research is the type of field research. The type of data used is qualitative data , then primary data is obtained, namely the primary data that directly interviews the judge, secondary data , obtained from several books in the library. Documentation data is carried out as related documents about the testimony in the event at the trial. After conducting this research, the conclusions can be drawn, namely: 1). The criteria for testimony in a trial in a court is to refer to the applicable procedural law in the court, and the judge's basis for trial is the content of the lawsuit. 2). The criteria in Islamic Family Law that refer to Islamic Jurisprudence is to have honesty and not cover up the truth. Keywords: Divorce, Witness, Islamic Law
ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA PALEMBANG TENTANG PEMBATALAN PERKAWINAN MENURUT HUKUM ISLAM Erik Rahman Gumiri
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

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Abstract

The issue of abolition of wedding is one of issue in family. For islamic the cancellation of wedding mentioned as fasakh. Fasakh is the abolition of the agreement of marriage because of the abolition occurs when the terms and pillars of marriage uncomplete in a marriage. The effect of the abolition in a marrige made the bond between spouse is disengaged from the court of judgement. The object study of this research is number of decision from: 0457/Pdt.G/2011/PA.Plg). This research desire to explain what about to be the primary consideration from judge in the court of religious in Palembang to decide and grant suit into number of decision from: 0457.Pdt.G/2011/PA.Plg and how perspective of islamic law towards primary decision of the judge into number of decision from: 0457/Pdt.G/2011/PA.Plg. The research discover that the primary of judge’s decision to decide and grant suit of abolition of marriage from number of decision from: 0457.Pdt.G/2011/PA.Plg is due to the wedding between petitioner and defendant to be held by illegitimate guardian, which is in this issue that to be wedding guardian is the assistant of note-taker of marriage (P3N) who claim as guardian judge whereas P3N is not guardian judge. As for the perspective of islamic law towards primary of judge’s consideration to decide case of the abolition of wedding is based on Syafi’i sect, the guardian of wedding as the valid requirement, if wedding without the guardian, or wedding without the guardian’s permit or any guardian but have no right to be guardian wedding, therefore a wedding have to be abolished. Key Words: Religious Court Decision, Cancellation of Marriage, Fasakh, Islamic Law.

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