El-Usrah: Jurnal Hukum Keluarga

Jurnal El-Usrah merupakan jurnal ilmiah berbasis Open Journal System (OJS) yang dibina oleh Prodi Hukum Keluarga Fakultas Syari`ah dan Hukum Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh. Jurnal El-Usrah ini adalah sarana bagi peneliti dan akademisi yang bergelut di bidang hukum keluarga Islam untuk dapat mengembangkan keilmuan dalam rangka mewujudkan Tri Dharma Perguruan Tinggi. Jurnal El-Usrah diterbitkan dua kali periode dalam setahun, yaitu periode Januari-Juni dan periode Juli-Desember.

List of Papers (Total 250)

Protection and Prevention of Sexual Violence against Women in the Workplace in Malang City from the Perspective of Maqashid Syariah

This study aims to evaluate the implementation of the Policy on the Prevention of Sexual Violence in the workplace based on the Minister of Manpower Decree No. 88 of 2023 in Malang City, and to assess the effectiveness of this policy from the perspective of Maqashid Sharia. A qualitative research approach was employed using an empirical juridical method, combining policy document...

Viola's Local Wisdom Model in Therapy to Accelerate the Healing of Drug Abuse Victims in North Sumatra: An Islamic Law Perspective

Drug abuse has become an extraordinary crime (extraordinary crime) and thus constitutes a human threat to citizens at the local, national, and international levels. To address this, the Government issued UU Nomor 35 Tahun 2009, and Pasal 27 states that drug users and victims of drug abuse are required to undergo medical and social rehabilitation. One effort to socially...

The Impact of Delayed Marriage due to Education and Career on Female Lecturers in Banda Aceh: A Maʿālat al-Afʿāl Perspective

This study examines the phenomenon of delayed marriage among female lecturers in Banda Aceh, particularly in Syiah Kuala District, through the perspective of maʿālat al-afʿāl (consideration of consequences). The increasing national trend of unmarried youth, with Aceh ranking second highest, underscores the relevance of this issue. The postponement of marriage is predominantly...

The Kaago-Ago Tradition of the Muna Tribe in Southeast Sulawesi from the Perspective of Islamic Legal Anthropology

The dialectic between Islamic law and customary law continues in Indonesian communities. Islam brought with it the value of harmonizing theoretical and practical concepts, so that religion does not exist in a cultural vacuum. This study aims to explain the practice of the kaago-ago ritual for the Muna community in Southeast Sulawesi. This research is an empirical study analyzed...

Family Dysfunction: The Reproduction of Online-Based Violence against Children

Violence against children reproduced through online platforms has been increasing every year. All forms of online violence pose serious risks to children’s well-being and safety, with long-term psychological consequences. Families are expected to function as a source of security, providing protection from dangers and threats in the external environment, both physically and...

Pretrial Reform in Indonesia: A Study of Pretrial Hearings at the Sharia Court of Aceh Province

This study aims to examine pretrial as stated in the Code of Criminal Procedure. This study is a normative legal study using a statutory approach and examines dozens of court decisions related to pretrial. Based on the results of this study, it is concluded that the current pretrial institution still has weaknesses, namely unclear procedural law, passive and post factum testing...

Implementation of the Ta’zir Principle in Applying the Arabic Language: A Study of Students at Islamic Boarding School of Daarul Faqih Tahfidz Qur’an

This research aims to analyze the implementation of the ta’zir principle in applying disciplinary sanctions regarding Arabic language usage among new students at Daarul Faqih Qur’an Tahfidz Islamic Boarding School, Ranomeeto, South Konawe Regency. A qualitative-descriptive approach was used, involving participatory observation, semi-structured interviews, and documentation. The...

Reinterpretation of The Family in Inheritance Law Towards Sisters From The Perspective of The Hadith

This paper aims to analyze the reinterpretation of the concept of family in the division of inheritance law related to the status of the mother's sister from the perspective of the hadith. The mother's sister in inheritance law is included in the group of dzawi al-arhām. The main issues studied in this article are the concept of family, especially regarding mother and sister in...

Halal Governance and Its Societal Impact: A Comparative Study of Certification Regimes in Indonesia and Malaysia for Muslim Families

The different state foundations of Indonesia and Malaysia civil society-driven versus state-centric significantly shape their halal certification policies. Indonesia’s decentralized, bottom-up governance model allows religious civil society, particularly the Indonesian Ulema Council (MUI), to play a strong role in certification. Despite the government’s takeover of certification...

Preventing Sexual Violence In Indonesian Pesantrens: Strategies And Deliberation

Pesantren should be a safe and friendly place for santris. However, lately, there have been several boarding schools that are suspected of committing sexual crimes against their santris. This was done by educators at the institution. The purpose of this study is to find out the causes of sexual violence in pesantren, the problems that are often experienced by santris in pesantren...

The Development of Academic Identity in the Patriarchal Society through Doctoral Student Communities

The development of academic identity among doctoral students has become increasingly important, as it influences their future roles as scholars. Although this transition has been widely studied, the experiences of doctoral students in patriarchal Indonesian societies remain underexplored. This study examined the experiences of twelve male and female doctoral students at six...

Ritual Contestation in Contemporary Acehnese Islam: An Ethnography of Fasting and Pilgrimage Practices in Blang Pu’uk, Nagan Raya, Aceh, Indonesia

Islamic ritual practices such as fasting and pilgrimage (ḥajj) are normatively codified within Islamic jurisprudence. Nevertheless, these normative frameworks are not uniformly enacted across Muslim societies. This article examines localized and contested religious practices within the Muslim community of Blang Pu’uk Kulu Village, Nagan Raya Regency, Aceh, Indonesia, where...

Assessing Judges’ Considerations of Urgent Grounds in Marriage Dispensation Decisions: A Case Study of the Jantho Sharia Court, Aceh, Indonesia

Marriage Dispensation is a permit granted by the court to prospective brides or grooms who have not yet reached the age of 19 to enter into marriage. Consideration of the minimum age of marriage is a highly crucial matter, particularly to ensure a child’s growth and development, readiness to assume marital responsibilities, psychological pressure, disruption of education, and...

Evidence of the Crime of Adultery in the Implementation of the Qanun Jinayat in Aceh, Indonesia

This study aims to analyse the implementation of the Qanun Jinayat, or Islamic criminal law in Aceh, Indonesia, which uses 'raids' as one of the instruments for implementing the Qanun Jinayat. From the raid process, the perpetrator was interrogated by residents and asked to make a confession and take an oath that he had committed adultery. This confession is then used as the only...

Evaluating the Effectiveness of Legal Support for Women's Post-Divorce Rights: Maslahah Approach in Indonesia and Malaysia

The purpose of this study is to analyze and compare the fulfillment of women's post-divorce rights in Indonesia and Malaysia through the lens of maslahah (general welfare). The research specifically examines rights such as nafkah iddah and mut'ah, as well as the challenges associated with their implementation in both countries. A qualitative methodology with an empirical...

The Legal Construction of Daughter as Ashabah in Aceh from An Islamic Law Perspective

Regarding the issue of inheritance rights for daughters only receiving certain shares or portions, this has been described and explained in the Qur’an. This study aims to identify and clearly explain the legal construction of the position of daughters as ashabah in the Islamic inheritance law system. This study uses an empirical legal method with a statutory and Islamic legal...

An Analysis of the Justice of Faraid Law in Relation to the Concept of Qiwamah in the Sustainability of the Muslim Family Institution

The contemporary movements of Liberalism and Feminism are increasingly challenging the Islamic law of faraid. They claim that there is gender discrimination in the distribution of inheritance, particularly in Surah al-Nisa, verse 11, which allocates a portion for men that is twice that of women. These movements are further strengthened by Sustainable Development Goal 5, which...

Solution to Inheritance Rights for Children in Pregnant Marriages: A Maqāṣid al-Sharī’ah Approach

This research aims to analyse the inheritance rights of children born from marriages involving pregnant women from the perspective of maqāṣid al-sharīʿah. The study is a literature-based investigation focusing on the inheritance rights of children born from such marriages within the framework of maqāṣid al-Sharīʿah. The subjects of the research are children born from marriages of...

The Urgency of Legal Policy in Encouraging Environmentally Friendly Elections in Aceh

This article aims to discuss legal policies regarding environmentally friendly elections. Based on observations in the field, there are a lot of campaign props, including banners, and billboards scattered in Banda Aceh City and Sabang City, which are posted in places where they are not intended. Even though the location for installing campaign props is as regulated in PKPU Number...

Division of Joint Assets Based on the Implementation of Responsibilities: Analysis of Sharia Court Decisions Based on Jurisprudence and Their Legal Implications in Banda Aceh

The distribution of joint property after divorce is no longer solely based on Article 97 of the Compilation of Islamic Law, which provides for an equal division between the wife and the husband. Through Supreme Court jurisprudence Number 266 K/AG/2010 and Number 78 K/AG/2021, joint property has instead been allocated in a larger proportion to the wife. In Jurisprudence Number 266...

The Role of the Family in Demoralization from the Perspective of Tafsir Ahkam: A Framing Analysis of Online Gambling Cases in Indonesia

This study aims to analyze the framing of news about online gambling as a demoralizing threat in Indonesia, using the perspective of tafsir ahkam. Online gambling has become a worrying phenomenon in Indonesia, given its negative impact on individual and societal morality. This study uses Robert N. Entman's framing model to understand how the mass media frames the issue of online...

From Text to Policy: Contextualizing the Maḥram Ḥadīth for Women Pilgrims within Indonesian Ḥajj Management

This study aims to recontextualize the ḥadīth concerning the requirement of a maḥram for women performing the ḥajj by analyzing its relevance within contemporary Indonesian conditions. Using a qualitative approach that combines textual analysis of ḥadīth sources with socio-legal perspectives, the research examines how classical interpretations may be integrated with modern gender...

Women's Rights Protection Through Taklik Talak: A Response to Missing Person Problem in Sukahati Village, Bogor, West Java

This research discusses legal issues experienced by women as wives in Sukahati Village, Bogor, West Java. After marriage, their husbands left and never came back or disappeared. In most cases, they solve the problem by managing of what is colloquially called a "certificate of missing person," as a such kind of administrative legal procedure. However, the process of issuing the...

Rabbatu al-Bayt (Guardians of the Home): The Role of Mothers in Fostering Planetary Health Education from an Islamic Family Perspective

This study investigates the pivotal role of mothers in Islam, referred to as Rabbatu al-Bayt (Guardians of the Home), in promoting and nurturing Planetary Health Education within the household. The study demonstrates how mothers can have a substantial impact on the well-being of their families and the environment by examining the intersection of women’s roles in health and the...

Interfaith Marriage Between Muslims and Female Ahlul-Kitāb: MUI Fatwa and Preservation of the Shāfiʿi Madhab In Indonesia

The study investigates the rulings of Shāfiʿi’s madhab, which suggests a strict rule regarding the permissibility of interreligious marriage between a Muslim and a female ahl-kitāb, in contrast to other Imam madhabs that do not prohibit such marriages. However, Indonesians who embraced most of Shāfiʿi’s madhab forbade this marriage through an issued fatwa by the Majelis Ulama...