El-Usrah: Jurnal Hukum Keluarga
https://jurnal.ar-raniry.ac.id/index.php/usrah
<h3><img style="margin-right: 10px; float: left; width: 150px; height: 250px;" src="/public/journals/101/homepageImage_en_US.jpg" alt="" /></h3><p style="text-align: justify;"><strong>P-ISSN: <a href="https://issn.brin.go.id/terbit/detail/1524103022" target="_blank">2620-8075</a><br /> E-ISSN: <a href="https://issn.brin.go.id/terbit/detail/1524045129" target="_blank">2620-8035</a></strong></p><p style="text-align: justify;">El-Usrah: Jurnal Hukum Keluarga is A double-blind peer-reviewed journal that is published by the Islamic Family Law Department, Shariah and Law Faculty, Ar-raniry State Islamic University, Banda Aceh, Indonesia. The journal endeavors to provide forums for academicians and researchers who are interested in the discussion of current and future issues on Islamic family law. The journal is dedicated to the scholarly study of all aspects of Islamic family law in Indonesia and in the world. Particular attention is paid to works dealing with marriage, inheritance, testament (washiah), divorce, property in marriage, childcare, women and children rights, the rights and obligations of family and endowments (wakaf), as well as ethical questions related to scientific research. The journal is committed to the publication of original research on Islamic Family Law. El-Usrah: Jurnal Hukum Keluarga is published twice in a year.</p><p style="text-align: justify;"><strong>El-Usrah</strong><span> has been accredited by the Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia </span><strong>Number: 200/M/KPT/2020. </strong><span>This accreditation is effective from publication Vol 2. No 1. 2018 <a href="https://sinta.kemdikbud.go.id/journals/profile/7487" target="_blank"><strong>(Sinta 5)</strong></a></span></p> <p><strong>El-Usrah: Jurnal Hukum Keluarga has been indexed by:</strong></p><p><a href="https://suggestor.step.scopus.com/progressTracker/?trackingID=D3E26EFF2A773454" target="_blank"><strong><img src="/public/site/images/samarana/El-Usrah_Scopus.png" alt="" /></strong></a></p><p><strong><a href="https://sinta.kemdikbud.go.id/journals/detail?id=7487" target="_blank"><img src="/public/site/images/rahmatsaridin/Sinta_(1).png" alt="" /></a><a href="https://scholar.google.com/citations?hl=id&view_op=list_works&authuser=1&gmla=AJsN-F7LPb1NAy6nfn9BMA0UxKKiKTCv1TVNPJhrYW6zVykbvJs__igPu642GH1lZLy2NE65xRKXcnLPcpqGxNkHTJB5k82tFkUdj0vKVMI8Qdf8hIg3ITM&user=q7CY3PgAAAAJ" target="_blank"><img src="/public/site/images/rahmatsaridin/googlescholar1.png" alt="" /></a><a href="https://garuda.kemdikbud.go.id/journal/view/16665"><img src="/public/site/images/rahmatsaridin/Garuda.png" alt="" /></a><a href="https://moraref.kemenag.go.id/archives/journal/98810827380885133" target="_blank"><img src="/public/site/images/rahmatsaridin/moraref.png" alt="" /></a><a href="https://search.crossref.org/?q=el-usrah%3A+Jurnal+hukum+keluarga&from_ui=yes" target="_blank"><img src="/public/site/images/rahmatsaridin/crossref.png" alt="" /></a><a href="https://app.dimensions.ai/discover/publication?search_mode=content&search_text=el-usrah%3A%20Jurnal%20hukum%20keluarga&search_type=kws&search_field=full_search" target="_blank"><img src="/public/site/images/rahmatsaridin/Logo_Dimension_El-Usrah2.png" alt="" /></a></strong><span style="text-align: justify;"> </span></p><div style="background-color: #166131; color: #ffffff; font-size: 9px; padding: 10px;"><p><strong>Office address:</strong> Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry. Jl. Ar-Raniry, Kopelma Darussalam, Syiah Kuala, Banda Aceh, Aceh, Indonesia 23111. Email: jurnal.elusrah@ar-raniry.ac.id</p></div><p style="text-align: justify;"> </p>Universitas Islam Negeri Ar-Raniry Banda Acehen-USEl-Usrah: Jurnal Hukum Keluarga2620-8075<p style="text-align: justify;"><span style="font-size: small;">Authors who publish in <strong>El-Usrah: Jurnal Hukum Keluarga</strong> agree to the following terms:</span></p><ul style="text-align: justify;"><li><p><span style="font-size: small;">Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed <a href="https://creativecommons.org/licenses/by-sa/4.0/" target="_blank">Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)</a> that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.</span></p></li></ul><ul style="text-align: justify;"><li><p><span style="font-size: small;">Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.</span></p></li></ul><ul><li><p style="text-align: justify;"><span style="font-size: small;">Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. <a href="http://opcit.eprints.org/oacitation-biblio.html" target="_self">(See The Effect of Open Acces)</a></span></p></li></ul><p style="text-align: justify;"> </p>Child Marriage in Kabang, South Yala, Thailand: Islamic Family Law Perspective
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/8699
<span lang="EN-US">This research examines the impact of underage child marriage in Kabang, South Yala Region, Thailand. This is an empirical legal research method analyzed from the Islamic Law perspective. Interviews and document analysis were the methods of data collection used in the study, by which community leaders in Kabang, South Yala Region, Thailand who were involved in the marriage of underage children were interviewed. This research reveals that the factors causing the marriage of underage children in Kabang are: economic, pre-pregnant, educational, and environmental factors. Additionally, the study finds that marriages between minors will inevitably end in divorce, burden parents, and have a detrimental effect on one's health. Consequently, this study recommends that those immediately accountable for this case the village chief, the priest, the parents or guardians, the intellectuals in the community, and the youth—should always take precautions to protect themselves and refrain from marrying when underage. Islamic family law views underage marriage as incompatible with the goal of marriage, which is to establish a <em>sakinah mawaddah wa rahmah</em> (happy) family. Underage marriage has more negative effects than positive ones; it is bad for the individual, the family, and the community, and it can even destroy the nation-state and the entire country.</span>Nasaiy AzizRiadhus SholihinMiss Nifatimah Samoh
Copyright (c) 2023 Nasaiy Aziz, Miss Nifatimah Samoh, Riadhus Sholihin
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2023-12-302023-12-306221522610.22373/ujhk.v6i2.8699Tawakal and Life Optimism for Divorced Married Couples: A Case Study in Medan, Satria Village, Bekasi City, West Java Province
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/20000
<p>Marriage is a relationship between a man and a woman that is commanded in Islam. Among the purposes of marriage is to meet the various primary needs of human beings so that they can lead a better, calm and purposeful life (<em>litaskunu</em> <em>ilaiha</em>). However, along the way, there are often various problems that in some cases lead to divorce or separation. Divorce occurs due to various problems in the marriage, causing trauma, depression, loss of optimism in life and so on. The various negative impacts of divorce must certainly be faced in various ways so that the person concerned can rise from all the lags to continue to realize various plans and targets in his life. This research uses empirical legal methods using Islamic legal approaches as an analytical tool. Data were collected using in-depth interviews and documentation studies, interviews with informants of divorced parties both husband and wife. The informants in this study consisted of 5 people distinguished by 3 females and 2 males. The research concludes that trust is an important instrument in increasing faith after divorce. The majority of respondents said that putting their trust in post-divorce can increase faith. The informant said that post-divorce trust has an important role in strengthening self-mentality, increasing resilience, and building a positive mindset.</p>Wafa AlifatuzzahrohAlfadhli Tasman
Copyright (c) 2023 Wafa Alifatu Zahroh, Alfadhli Tasman Tasman
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2023-12-302023-12-306222724810.22373/ujhk.v6i2.20000Disparity in Judge Decisions in Resolving Rad Inheritance Disputes: Case Study at the Sharia Court in Banda Aceh City
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/8612
<p>Two contrasting viewpoints emerge over the issue of <em>rad</em> inheritance, notably concerning the events at the Syar'iyah Court. One viewpoint granted Baitul Mal the remaining inheritance, while the other viewpoint maintained that the heirs were entitled to reclaim their remaining assets. This study aims to identify the key elements considered by the justices of the Aceh <em>Syar'iyah</em> Court and the Banda Aceh <em>Syar'iyah</em> Court while making their verdicts in this case, as well as how Islamic law assesses the resolution of inheritance disputes related to property rights. This study scrutinizes the empirical legal research methodologies employed by analyzing them from the perspective of Islamic legal theory. The data is collected by conducting interviews and accessing material in libraries. The findings indicate that the Banda Aceh <em>Sharia</em> Court's Panel of Judges awarded the remaining inheritance to Baitul Mal, in accordance with the book <em>Hasyiyah al-Bajuri</em>, Qanun Number 11 of 2002, and Article 11 paragraph (1), and Article 14 of Aceh Qanun Number 7 of 2004, which pertain to the implementation of Islamic <em>Sharia</em> in the fields of <em>Aqidah</em>, Worship, and Islamic <em>Sharia</em>, and <em>Zakat</em> Management, respectively. Per Article 193 KHI, the justices of the Aceh <em>Syari'yah</em> Court hold a differing opinion regarding the distribution of any leftover inheritance to the heirs of the <em>zawil furudh</em>. According to Islamic family law, Zaid bin Thabit and a few <em>Malikiyah</em> and <em>Syafi'iyah</em> jurists endorse the choice of Baitul Mal to accept the remaining bequest. Furthermore, Uthman bin Affan's viewpoint about the application of <em>rad</em>, which includes marital relations, asserts that all <em>furudh</em>heirs possess the right to <em>rad</em>. This stance is also backed by the ruling of the Panel of Judges of the Aceh <em>Syar'iyah </em>Court.</p>Khairuddin HasballahDhaiful MubarrakSaddam Rassanjani
Copyright (c) 2023 Khairuddin Hasballah, Dhaiful Mubarrak, Saddam Rassanjani
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2023-12-302023-12-306224926110.22373/ujhk.v6i2.8612The Concept of Muḥammad Shaḥrūr on Gender Parity in Inheritance Legislation
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/18121
<p>The distribution of inheritance by Islamic law is carried out equitably, namely by allocating shares to both males and females. Nevertheless, the current discussion surrounding the allocation of inheritance is facing challenges, particularly about the inequitable division of inheritance, where two males receive twice as much as one female. This disparity is perceived as unjust by certain individuals. Various experts have extensively analyzed both male and female issues. This analysis provides a thorough examination of Muḥammad Shaḥrūr's ideology, focusing on its normative legal aspects, particularly about gender and legal concepts. As per Muḥammad Shaḥrūr, Allah assigns at least fifty percent of a man's share to a woman. This minimum level applies in cases where the mother does not provide any financial support for the family's maintenance. Nevertheless, if women actively participate in creating revenue and contribute to the family's financial support, their share of contribution becomes comparable to that of males. Muḥammad Shaḥrūr contends that both men and women can obtain equal portions of inheritance within the framework of gender and legal principles. However, this equality is dependent on certain conditions and must not violate the specified limits set by Islamic law.</p>Miftahul HudaTri Wahyu Hidayati
Copyright (c) 2023 Miftahul Huda, Tri Wahyu Hidayati
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2023-12-302023-12-306226228010.22373/ujhk.v6i2.18121Divorce Petition Against Drug User Husband: Case Study of Kuala Simpang Syar'iyah Court Decision, Aceh Tamiang
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/12062
<span lang="EN-US">A wife can file for divorce for a variety of reasons, one of which is because her husband is involved in a drug case. The purpose of this study is to determine the factors considered by Kuala Simpang Syar'iyah Court judges in deciding divorce cases involving drug-user husbands from the standpoint of Islamic law. This study employs empirical research methodologies that are examined using Islamic legal philosophy. This case study examines the judge's ruling at the Kuala Simpang Syar'iyah court in Aceh Tamiang. The court bases its judgment on the state of being detrimental in the family, as the decision of the wife's petition against her drug-using husband is not governed by any law or other regulations. According to the Maliki and Hambali Schools of Thought, a wife may file for divorce from her drug-using husband before a court under Islamic family law. Because the plaintiff and defendant's domestic lives were no longer harmonious since her husband began using drugs, her husband frequently became violent when under the influence of drugs. Thus, the judge's considerations align with Islamic law norms aimed at promoting and protecting the wife and family.</span>Soraya DevyAmrullah AmrullahUtari Zulfiana
Copyright (c) 2023 Soraya Devy, Amrullah Amrullah, Utari Zulfiana
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2023-12-302023-12-306228129710.22373/ujhk.v6i2.12062An Examination of Islamic Family Law in Kampar Regency, Riau: Focusing on the Causes and Prevalence of Divorce in the Community
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/19089
<p>Marriage is the union of a male and a female to establish a harmonious household, which is a natural inclination of human beings to form partnerships. However, empirical evidence in the field contradicts this notion, since it observes numerous conflicts inside households, sometimes even leading to divorce. Kampa sub-district, located within the Kampar district, recorded a total of 9 divorce cases in the year 2021. The objective of this study is to elucidate the factors contributing to <em>talak</em> divorce in Kampa District and to examine the significance of divorce for those who initiate <em>talak</em> divorce in Kampa District. This study is a sociological investigation that specifically examines the factors contributing to divorce and divorce rates among the residents of Kampa District, Kampar Regency in 2021, with a particular emphasis on the application of Islamic family law. The data collection methods employed were interviews and document analysis. The research findings indicate that the variables contributing to divorce in Kampa District, Kampar Regency include economic circumstances, infidelity, domestic abuse, and educational background. Regarding the significance of divorce for individuals, there are two distinct forms: the notion of liberation and a means of resolving difficulties. In the realm of Islamic family law, divorce is not encouraged, although it is regarded as a viable solution if the household cannot be sustained<em>.</em></p>M. Haikel AfandiJumni NelliMohd. Yunus
Copyright (c) 2023 M. Haikel Afandi, Jumni Nelli, Mohd. Yunus
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2023-12-302023-12-306229831710.22373/ujhk.v6i2.19089Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/7836
<p>In the city of Banda Aceh, Indonesia, divorce is permissible in some circumstances including physical infirmities, such as when a husband experiences an erectile dysfunction. Under the Islamic law, divorce is permissible and the woman has the right to initiate divorce proceedings and pursue legal action. This study aims to examine the perspectives of judges at the Banda Aceh <em>Syari'iyah</em> Court regarding divorce cases involving individuals with physical disabilities. This study scrutinizes the practical legal methods employed by analyzing them from the perspective of the Islamic family law principles. This article analyzes the practical legal methods employed by studying the perspectives of the Islamic family law. Conversely, the process of collecting data entails scrutinizing documents, such as legal judgments, pertinent literature, and scholarly papers. According to <em>Hanafi</em> and <em>Maliki</em>scholars, divorce due to physical inability is classified as <em>talak ba'in</em>, as determined by this study. Conversely, the <em>Shafi'i</em> and <em>Hanbali</em> schools are seen solely as a means to breach the sacrificial pact (<em>fasakh</em>). If this divorce is determined to be valid, the husband will have two opportunities to legally execute the divorce in order to remarry this woman. According to this, the Banda Aceh <em>Sharia</em> Court concluded that a husband's inability to perform sexually might be considered a valid reason for his inability to fulfill his responsibilities. Testimony from witnesses confirmed this, providing evidence that the legal proceedings adhered to Islamic law. Consequently, this study concludes that divorce occurs when a husband's physical impairment hinders his ability to fulfill his obligations, leading to the breakdown of the marriage. However, the <em>Sharia</em> Court provides a remedy (dispensation) to address the medical condition (impotence) so that the judges might take it into account when seeking reconciliation between the two parties, if the condition is resolved.</p>Ihdi Karim MakinaraJamhuri UngelFitrah Arrazi
Copyright (c) 2023 Ihdi Karim Makinara, Jamhuri Ungel, Fitrah Arrazi
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2023-12-302023-12-306231833410.22373/ujhk.v6i2.7836Problems of Sirri Marriage and Prisoners: A Case Study in Sukadana, East Lampung, Indonesia
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/17487
<p>Sirri marriage is a marriage carried out using the provisions outlined and determined by custom but does not fulfill state law. The state has established legal marriage through the Marriage Law and the Compilation of Islamic Law (KHI). This study aims to explain the legal perception of <em>sirri</em> marriage from the view of the Compilation of Islamic Law and Marriage Law in Indonesia. This research is an empirical legal study using a statutory approach. The data collection techniques used are interviews and documentation studies. Interviews were conducted with informants with religious leaders, the Head of the Religious Affairs Office, perpetrators of <em>sirri</em> marriage, and community leaders. The study concluded that marriage in Indonesia is legally regulated according to marriage law and the Compilation of Islamic Law, which states that marriage must be recorded. Meanwhile, marriages that are not recorded are not legally valid. The factors that cause the occurrence of <em>sirri</em> marriages are personal factors, including the characteristics of community understanding used as justification, the level of legal awareness factor, namely the level of understanding of community law, and the rules of law that exist and apply in Indonesia, which are less considered. The <em>sirri</em> marriage will have impacts and victims on women and children. Therefore, this research recommends that all parties create legal awareness in the community regarding the legal rules of marriage.</p>Andi ZainuriAhmad MusliminAhmad Mukhlishin
Copyright (c) 2023 Andi Zainuri, Ahmad Muslimin, Ahmad Mukhlishin
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2023-12-302023-12-306233534710.22373/ujhk.v6i2.17487Legal Protection for Children in Cases of Domestic Violence in the Indonesian Households
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/19153
<p>This study aims to investigate and evaluate the many legal protections available to children who experience domestic abuse. Additionally, it seeks to provide a comprehensive framework for enhancing legal protection measures specifically designed for child victims of domestic violence. This study employs a normative approach to analyze legal issues by examining legislation. The material examined pertains to legal statutes and laws concerning instances of familial child abuse. This study establishes that child domestic violence can manifest in various forms, including physical, sexual, emotional, neglect, and economic abuse. The act of violence infringes upon the rights of children and adversely affects their overall welfare, leading to diminished cognitive abilities, impaired emotional regulation, challenges in social interaction, psychological developmental disorders, difficulties in establishing relationships and trust, increased susceptibility to depression and anxiety disorders, and various mental health issues. The legal safeguarding of children in Indonesia is governed by Law No. 23/2002 on Child Protection, which was subsequently revised by Law No. 35/2014. This legislation serves as the legal foundation for the protection of children, including all endeavors aimed at ensuring their safety, well being, and the fulfillment of their rights to thrive, mature, progress, and engage fully.</p>Rifdah AlifiyahIsa Anshori
Copyright (c) 2023 Rifdah Alifiyah, Isa Anshori
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2023-12-302023-12-306234836110.22373/ujhk.v6i2.19153Impacts of Early Childhood Marriage in Indonesia Viewed from Child Protection Laws Perspectives
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/20262
<p>This article seeks to elucidate the ramifications of early marriage or child marriage about the Child Protection Law and explicate endeavors to thwart child marriage as a means of safeguarding children. The research method employed is normative juridical, which involves analyzing and evaluating relevant laws and regulations as the major source for problem-solving. The research findings indicate that child marriage violates the Child Protection Law. Moreover, child marriage might impede the realization of children's rights, hence compromising their overall growth and development. Child marriage exerts a significant influence on economic, social, health, educational, and psychological issues. Efforts aimed at preventing child marriage serve as a means of safeguarding children. It is necessary to enhance and unify rules pertaining to the prevention of child marriage. This should involve collaboration across many levels of government, from national to local, and engage all segments of society, particularly young individuals, to effectively execute measures against child marriage. It is advisable to enhance and align the age restrictions for children across rules to ensure they are consistent, mutually reinforcing, and efficiently implemented in practice. There is a requirement for additional regulations concerning marriage dispensation by the District Court or Religious Court. It is also important for Judges to be consistent and firm in their decisions regarding marriage dispensation cases, in line to prevent or reject child marriage as stated in PERMA Number 5 of 2019.</p>Shella Oetharry GunawanSyamsul Bahri
Copyright (c) 2023 Shella Oetharry Gunawan, Syamsul Bahri
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2023-12-302023-12-306236238010.22373/ujhk.v6i2.20262The Law on the Tripple Talaq at Once in the View of Yusuf Al Qaradawi's in Contemporary Context: Analysis of Sadd Al-Żarī'ah Theory
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/10180
<p><span lang="IN">Triple talaq (</span><span lang="EN-US">Third D</span><span lang="IN">ivorce</span><span lang="EN-US">)</span><strong><span lang="EN-US"> </span></strong><span lang="IN">at once is a prominent topic in Islamic jurisprudence that continues to be of great interest to modern academics, including Yusuf Al-Qaradawi. Yusuf Al-Qaradawi holds a divergent perspective from the majority of ulama who regard the law on maximum talaq at once as equivalent to triple talaq (the one mentioned three times). This research seeks to analyze Yusuf al-Qaradawi's perspectives on</span><span lang="IN"> </span><span lang="EN-US">triple</span><span lang="IN"> talaq at once by employing the <em>sadd al-żarī'ah</em>theory. This study employs a normative legal approach, utilizing the <em>sadd al-żarī'ah</em> theory for descriptive and analytical analysis. According to Yusuf al-Qardhawi, maximum talaq at once is illegal due to its non-compliance with the commandments of Islamic law. The process of divorce should follow several steps, including the initial divorce, followed by the iddah period, and then the possibility of reconciliation. The second or third divorce procedure can be pursued if reconciliation is not ac</span><span lang="EN-US">hieved</span><span lang="IN">. The argument presented relies on the historical account of Imam Muslim from Ibn Abbas, which elucidates that the occurrence of maximum talaq at once throughout the era of the Prophet, Abu Bakr, and the first two years of Umar's caliphate was seen as a single talaq. Ibn Wahhab's historical account of Al-Nasa'i documents the incident where the Messenger of Allah declined to listen to the news of a maximum divorce being pronounced simultaneously. The historical account of Abu Dawud, as related by Nafi', documented the divorce of Rukanah from his wife, which eventually reached the Messenger of Allah. According to Yusuf Al-Qaradawi, the immediate restriction of the maximum talaq at once is an attempt to conceal the harm caused. The fundamental principle of <em>sadd al-żarī'ah's</em> theory posits that every action that is forbidden by the Qur'an and hadith is intended to hinder the occurrence of harm or wrongdoing.</span></p>Yuhasnibar YuhasnibarRisna Wati
Copyright (c) 2023 Yuhasnibar Yuhasnibar, Risna Wati
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2023-12-302023-12-306238139810.22373/ujhk.v6i2.10180The Tradition of Tepuk Tepung Tawar in Malay Weddings from the Perspective of Islamic Law: A Case Study at Tanjungpinang, Riau Islands
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/5391
<p><em>Tepuk Tepung Tawar</em> is a ritual in the Malay wedding ceremony, especially in Kampung Melayu of Kota Tanjungpinang Subdistrict. This tradition is also carried out for children who have completed their Qur’an recitation, with prayers for their safety, well-being, and protection from hardship in life. This present study used a sociological method, in which data were analyzed by using the theory of <em>‘urf</em> (social custom) in Islamic law. Data were collected by means of interview and document study. This study revealed that historically, the <em>tepung tawar</em>ceremony for newlyweds would be carried out alternately for each, considering that they have not yet had <em>mahar batih</em> (not yet consummated), while the <em>tepung tawar</em> ceremony for both would be carried out for longtime married couples. The Malay people are very strong in observing their customs and traditions; even giving rise to the Malay proverb “<em>biar mati anak dari pada mati adat</em>”, better for a child to die than for a custom to die. This proverb illustrates how deeply the Malay people are in upholding the customs and traditions of their ancestors. Theoretically, there is also harmony between Islamic law and <em>‘urf</em> or social custom in Malay weddings.</p>Ogie ArdiansyahMasrokhin Masrokhin
Copyright (c) 2023 Ogie Ardiansyah, Masrokhin Masrokhin
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2023-12-302023-12-306239941010.22373/ujhk.v6i2.5391The Postponement of the Implementation of Inheritance Distribution in The Seunuddon Community, North Aceh In The Lens Of ‘Urf Theory and Legal Pluralism
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/10207
<p>The objective of this study is to investigate the act of postponing the execution of inheritance distribution in the Seunuddon village, located in North Aceh. This study employs sociological legal approaches, which are examined through the lenses of <em>al-'urf</em> and the notion of legal pluralism. Data was gathered through extensive interviews conducted with religious leaders, community leaders, and successors. This study determined that delays in the distribution of inheritance in Seunuddon had persisted for an extended period, with some cases resulting in <em>patah titi</em> and subsequent complications. The delay arises due to entrenched customs, the survival of one parent, inadequate economic conditions, lack of family discussions regarding inheritance division, reluctance to distribute the inheritance immediately due to feelings of embarrassment, and the incapacity of young children to handle the inheritance. Secondly, while examining customary Islamic law, the act of delaying the allocation of inheritance is encompassed within the concepts of <em>'urf sahih</em> (valid custom) and <em>'urf fasid</em> (invalid custom). Out of the four cases examined, three cases did not present any issues related to inheritance, as each party got and obtained the legacy funds. Nevertheless, there are instances in which the designated successor has deceased (patah titi), leading to complications in the process of inheriting assets. Within the framework of 'urf theory, the initial three instances can be classified as <em>'urf sahih</em>, however, the final instance is deemed <em>'urf fasid</em> due to its propensity for generating injustice, albeit preserving the bond of brotherhood. According to the doctrine of legal pluralism, there exists a dialectic and accommodation between Islamic law and societal customs to provide social harmonization and integration.</p>Ali AbubakarGamal AchyarHusnul KhatimahSri Astuti A. Samad
Copyright (c) 2023 Ali Abubakar, Gamal Achyar, Husnul Khatimah, Sri Astuti A. Samad
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2023-12-302023-12-306241142910.22373/ujhk.v6i2.10207The Role of Customary Leaders as Ḥakam in Resolving Divorce: A Case Study in Kuta Alam Subdistrict, Banda Aceh City
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/12710
<p>Divorce in households can occur due to several factors, such as economic factors, ongoing arguments, and domestic violence. Therefore, an alternative solution in such a situation is necessary by involving the role of the village customary leaders as a ḥakam (peacemaker). The effectiveness of the role of the village customary leaders as a ḥakam must fulfill five aspects: purpose, strategy, policy, planning, and implementation. In this study, the aim was to examine the role of the village customary leaders as a ḥakam in resolving divorce in Kuta Alam Subdistrict, Banda Aceh City and the effectiveness of the role of the village customary leader as a ḥakam in resolving divorce in Kuta Alam Subdistrict, Banda Aceh City. The study used a qualitative research method, using a normative sociological approach, and collected the data by means of interviews and document study. The results showed that village customary leaders such as ḥakam play the role of mediators in marital disputes, in which they investigated and found the roots of the problems with the hope that the disputed could be reconciled and reunited in their households. Further, the role of the village customary leaders as a ḥakam has been considered effective as seen from several peace processes carried out. However, some cases of conflict have not been resolved because some parties demand settlement in court. The study suggests that village customary leaders as ḥakam need to pay attention to the aspect of legal force in handling divorce and that the village institution should prepare administrative staff in the deliberation process</p>Ridwan NurdinMuslem AbdullahZakiyul FahmiAndi Darna
Copyright (c) 2023 Ridwan Nurdin, Muslem Abdullah, Zakiyul Fahmi, Andi Darna
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2023-12-302023-12-306243044310.22373/ujhk.v6i2.12710Islamic Renewal in the Field of Family Law: A Historical Analysis of Gender Equality
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/17128
<p>This paper aims to discuss Islamic renewal in the field of family law by focusing on gender equality. The unfair treatment of women within pre-Islamic Arabian society was the starting point for Islamic renewal in the field of law, especially of family law. Such treatment was not in line with the principles contained in Islam, i.e., to bring mercy to all worlds. This study used a normative descriptive-analytical method and a sociological-historical approach. The data analyzed came from articles, books, and various references related to the topic. The study concludes that as a religion that brings mercy to all people, Islam reforms the behaviors detrimental to women; yet, the reform is not the end result, in which it is highly likely that it will be updated in the future for the benefit of the community universally. Therefore, a comprehensive understanding is needed in understanding Islamic law related to gender relations between men and women. This study also reveals that socio-historically men and women have a balanced and equal relationship with each other.</p>Busran QadriIhsan Mulia Siregar
Copyright (c) 2023 Busran Qadri, Ihsan Mulia Siregar
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2023-12-302023-12-306244445510.22373/ujhk.v6i2.17128The Problem of Interfaith Marriage in Indonesia: A Juridical-Normative Approach
https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/20059
<p>Interfaith marriage is a marriage between the bride and groom of different religions and beliefs which is a problem in Islamic law in Indonesia. The regulation regarding the prohibition of interfaith marriage is affirmed in Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage. The focus of this study is to analyze the Indonesian legal rules regarding interfaith marriage that are increasingly emerging in Indonesia. The research method uses normative juridical legal methods, data collection techniques namely by analyzing articles, books and references related to the discussion. The results showed that interfaith marriage is not justified in Indonesian legislation with the argument that interfaith marriage is contrary to the religious teachings of Indonesian citizens and can eliminate the basic rights of marriage for husbands, wives and children. As a result of the ban on interfaith marriage, Indonesian citizens are guaranteed legal protection during marriage and after divorce.</p>Mochammad Rizky Eka AdityaDinda KhoirunnisaFawwas FawwasAjid QistonAisyah Zarah Azizah
Copyright (c) 2023 Mochammad Rizky Eka Aditya, Dinda Khoirunnisa, Fawwas Fawwas, Ajid Qiston, Aisyah Zarah Azizah
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2023-12-302023-12-306245647010.22373/ujhk.v6i2.20059