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)

Implementation of Harmonious Family in the Concept of Proportionality of Obligations and Rights of Husband and Wife Relations: A Perspective on the Compilation of Islamic Law

The breakup of marriage is a permissible act, but Allah SWT does not like such a decision. In the implementation of the sakinah mawaddah and rahmah family, it is quite difficult to carry out but it is not impossible to do. The serious problem is how when a family can no longer be harmonized again to exercise rights and obligations proportionately, and whether it must end in a...

Islamic Banking Services for Communities and Families in Aceh Province Post Closure Of Conventional Banks: A Comprehensive Review

Following the enactment of Qanun No. 13 of 2018 concerning Islamic Financial Institutions, some people believe that the closure of conventional banks in Aceh, without viable alternatives, has caused confusion. This is primarily because people were accustomed to using conventional banking facilities for various transactions, both at local, national, and international levels. This...

The Impact of Mosque-Based Economic Activities on Local Communities: A Case Study in Sarawak

The mosque has a comprehensive function covering the spiritual, educational, economic, and social aspects. However, the potential of mosques as centers for economic development within local communities remains underexplored and underutilized. Many mosques lack the strategic framework and resources to effectively implement economic activities that could benefit their communities...

Community, Family and Animal Conservation Sustainability in the Perspective of Normative Law and Maqasid Sharia

Animal conservation aims to preserve and breed animals to achieve the benefits of a sustainable natural ecosystemincluding community and family. One of the efforts made by the government to provide information and knowledge to the public in an attempt to minimize wildlife hunting is through the legal protection of animals, as stated in Law Number 5 of 1990 concerning the...

Mappatammaq Mangaji in Mandar, West Sulawesi: Childrearing Patterns Based on the Qur'an in the Anthropological Perspective of Islamic Law

This study aims to discuss the Mappammaq Mangaji tradition in Mandar, West Sulawesi in relation to al-Quran-based child rearing patterns from an Islamic legal anthropological perspective. Mappatammaq mangaji is a tradition carried out by the community when someone is able to read the Koran fluently. This study is an empirical legal study with an anthropological approach to...

Inheritance Rights of Nasabiyyah Children Born Out of Wedlock According to Islamic Family Law

The inheritance rights of nasabiyyah children outside of marriage, religion or the state will not get inheritance because the status of the child follows his mother, not his father. The serious problem is how to maintain the rights that should be obtained by children born out of wedlock, and whether the development of science and technology is ignored, even though in the rules of...

Zakat and Empowerment of the Bajo Tribe Fishing Community in Bone, South Sulawesi: Collaboration between BAZNAS and the Ministry of Religion

The Bajo tribe is a traditional fishing community in Bone Regency, South Sulawesi, which faces the challenge of persistent poverty in various aspects. The National Zakat Amil Agency (BAZNAS) in collaboration with the Ministry of Religion has taken important steps to empower this community through educational values-based programs. This research aims to analyze the role of...

The Return of Doi Menre' Ba‘da Duhul in Bugis Marriage Law, South Konawe: Islamic Education and Sociology of Islamic Law Perspective

Doi Menre' (gift money) can be returned after the divorce takes place even though husband and wife relations have previously occurred (ba‘da duhul). This research examines the practice of returning doi menre' (gifted money) ba‘da duhul, the social dynamics that influence it, as well as sociology of Islamic Law and Islamic Education perspectives regarding the practice of returning...

Problematic Fatwa: An In-Depth Sociological Investigation of MUI’s Fatwa on Supporting Palestine’s Struggle

The purpose of this study is to assess and reveal the social background of the emergence, the suitability of methodology and istidlāl, and the problematic aspects of the Indonesian Ulema Council Fatwa Number 83 of 2023 concerning the Law of Support for the Palestinian Struggle. This research is empirical with a sociology of law approach. Data sources were obtained through MUI...

Fulfillment of The Living Rights of Children the Victims of Divorce in the Muslim Community of Lombok, Indonesia

This research examines the effectiveness of fulfilling the livelihood rights of children, the victims of divorce, the inhibiting factors, and how alternative solutions solve the problem of providing for children in Lombok Island, West Nusa Tenggara, Indonesia. This research is field research. The research data includes primary data and secondary data. The primary data is data...

Divorce Lawsuit Due to Impotence Perspective Maslahat Theory: Case study of the Andoolo Religious Court Decision, Southeast Sulawesi

This research aims to analyze the decision to sue for divorce because the husband is impotent from the perspective of maslahat theory. The main condition for building a harmonious family is the existence of mutual trust and understanding between husband and wife. However, in living a married life, problems sometimes arise, such as the husband suffering from impotence, which can...

Judges' Considerations in Granting Marriage Dispensation Licenses in Indonesia: Islamic Family Law Perspective

Setelah diamandemen, UU Perkawinan mensyaratkan adanya keadaan mendesak untuk memperoleh dispensasi nikah dari pengadilan. Namun dalam hal ini Undang-Undang tidak menjelaskan secara rinci kriteria-kriteria yang dianggap mendesak sehingga hakim sebagai orang yang mengetahui hukum (Ius Curia Novit) bertugas menafsirkannya dengan ijtihad. Tujuan penelitian ini adalah untuk...

Status of Children Born Out of Wedlock: A Study of Constitutional Court Decision and Its Relevance to the View of Ibnu Taimiyah

The Constitutional Court Decision No. 46/PUU-VIII/2010 has introduced a new paradigm in the civil and family law systems. However, this decision has faced significant controversy among Muslims, who constitute the majority religious group in Indonesia. The majority of ulema (Muslim scholars) maintain that children born from zina (fornication) cannot be attributed to their...

Granting of Property During Marriage as an Inherited Property in Indonesia

This study aims to discuss the granting of property by parents who are accepted at the time of marriage or are still bound by a valid marriage as inherited property. The problem is whether the property received at the time of marriage is innate property or joint property (gono gini). This research is normative research, with a legislative, conceptual and case approach, using...

Utilizing the Banking System For Digital Waqf Behavioral Approach of Millennial Muslims

The objective of this study is to analyze the influence of the digital sharia banking system on cash waqf among the millennial population in the Sumatran Island. This study is a quantitative research that focuses on the millennial generation in the Sumatran Island. The sample size for this study consists of 349 respondents. The data analysis approach employed is the Partial Least...

Shifting Inheritance Patterns in the Minangkabau Tribe in Negeri Sembilan, Malaysia

In the Minang Urang Darek Luhak Nan Tigo and Urang Rantau Negeri Sembilan Malaysia communities, inheritance is passed down to nieces based on matrilineal practices. They hold a significant role in the tradition, following the sumandocustom, and the offspring belong to their mother's tribe. This study seeks to ascertain whether the practice of inheriting heirlooms in the Minang...

Reposition of Ihdad Women’s Multi-Career Perspective: Philosophical, Historical, Juridical, and Sociological Studies

Repositioning the ihdad of career women is a phenomenon that involves changing the role and position of women in a professional context. A multi-perspective approach is needed for a complete grasp of this phenomenon, including philosophical, historical, juridical, and sociological studies. The research method is the normative method with a literature review (library research...

The Politics of Waqf Practice in Pesantren Kyai Families in Bangkalan Madura, Indonesia

The Waqf Law mandates that waqf management is expected to sustain and improve the ummah's economy, but many waqf practices are not carried out according to procedures, such as changing Nazirs without coordinating with the Indonesian Waqf Board, which is done by many Kyai in Bangkalan Regency. Waqf Core Principles is an initiative effort that aims to provide a description of the...

‘Urf and Its Role in The Development of Fiqh: Comparative Study of Famliy Law Between Egypt and Indonesia

This research discusses the dynamics of changes in Islamic family law which is strongly influenced by ‘urf as a dynamic and elastic enrichment. The research question is how is the absorption of ‘urf in Egypt and Indonesia in fiqh, what are the rules for its application and contextualization in the development of Fiqh in Indonesia. Methodologically, this type of research is...

Legal Ramifications of Unregistered Divorce in the Religious Court within the Mandailing Natal Community

The legal dualism in the Mandailing Natal community between the rules of school fiqh and the laws and regulations regarding divorce issues still leaves problems. This research aims to answer the phenomenon of divorce outside the Religious Courts in the Mandailing Natal community and the factors that influence it, then the legal consequences that occur in the Mandailing Natal...

Preventing Child Marriage in Bone District, South Sulawesi: Perspective of Islamic Family Law

This research discusses the role of child marriage prevention strategies (SIP-PEKA) in efforts to prevent child marriage in Bone district. The main research problem is the role of SIP-PEKA in efforts to prevent child marriage in Bone Regency. This research uses theoretical legal methods with a maqāṣid al-sharī'ah approach, while the data collection technique is documentation...

Family and Creative Economy in Sunan Gunung Djati Religious Tourism Area, Cirebon, Indonesia

This study aims to determine efforts to create a harmonious family, to identify activities, and to determine the factors that influence the income level of creative economy actors. This study employed a qualitative approach to examine the role of families in the creative economy and minimize business weaknesses and factors that influence the income of around 350 service and...

Inequality as a Construct of Customary Law: Access to Home Ownership Rights of Women in Lampung

The current study examined the challenges of women living under Lampung’s highly stringent customary law pertaining to the acquisition of home ownership rights in 3 villages in Hulu Sungkai, North Lampung, Indonesia. In Lampung customary law, the home is conferred to the male descendant. This study employed the constructivist perspective and used data collected from field...

Bibliometrics of Family Law Research Trends in Southeast Asia: An Analysis Two Decades 2003-2023

Family law has an essential role in ensuring the stability and well-being of society. Conceptually and praxis show that family law has excellent complexity in responding to family problems that continue to develop along with the massive cultural transformation in society. This study aims to identify and evaluate two decades of family law research in Southeast Asia. This study not...

Revitalization of Socio-Cultural Based Dolanan in the Formation of Children's Character in Javanese Families in Binjai, Indonesia

Traditional games or children's games are currently threatened with extinction because they are being displaced by the onslaught of modern culture which is more accepted by children. This research uses a mixed descriptive qualitative and quantitative research method analyzed with the theory of structural functionalism. There are three data collection techniques in research...