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)

Batak Customary Marriage: A Study of the Prohibition of Same-Clan Marriage and Its Relevance in the Contemporary Era

This study discusses Batak customary marriage focusing on the prohibition of same-clan marriage and the practice of same-clan marriage in Batak custom. The main problem studied is the prohibition of intermarriage in Batak society from a fiqh perspective in relation to modern times. This study used a qualitative approach, i.e., a humanistic approach that places humans in research...

The Granting of Family Card for Siri Marriage in Banda City: Perspective of Islamic Family Law

Law No. 1 of 1974, as does the Compilation of Islamic Law, concerning marriage mandates the registration of every marriage to obtain legal validity such as a marriage certificate, which later becomes a requirement for making a family card. A family card is obtained if a marriage is registered in accordance with applicable laws and regulations. Siri (i.e., unregistered) marriage...

Analysis of Policies and Strategies to Lower Childhood Stunting in South Sulawesi, Indonesia

Analysis of policies and strategies to accelerate stunting reducing in children in South Sulawesi Province. Examine the facts and make corrections to various policies and strategic programs that are better and more comprehensive by the central government and regional governments because the quality of future human resources is largely determined by the current condition of...

The Role of Parents in Providing Lessons and Sermons on Islamic Educational Ideas from The Perspective of Children in Jordan

The study aimed to identify the degree of Parents’ practice of methods of setting examples, lessons, and sermons included in Islamic educational thought from the point of view of university children. This is related to some variables, such as gender, academic specialization, and stage of study, where the researcher followed the Descriptive analytical method. By applying the...

Flexibility of Women’s Inheritance Distribution in Jambi Malay Society: Compromising Islamic and Customary Law

This study aimed to determine women's position in the division of inheritance in the Jambi Malay community. This study uses the social legal research method to understand legal phenomena from the social and cultural context in which the law exists. The primary data for this study came from in-depth interviews with religious and traditional leaders, while the secondary data was...

Family Resilience in a Psychological Perspective in Indonesia

A happy family is not one that experiences no issues in everyday life. A happy family still needs the key to the strength and happiness through resilience, i.e., the ability of a family to survive from difficult challenges. This study aims to discuss family resilience from the perspective of Indigenous psychology in Aceh. The study used qualitative and quantitative methods with...

Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia

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...

Tawakal and Life Optimism for Divorced Married Couples: A Case Study in Medan, Satria Village, Bekasi City, West Java Province

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 (litaskunu ilaiha). However, along the way, there are often various problems that in some cases lead to divorce or separation. Divorce occurs due to various...

The Tradition of Tepuk Tepung Tawar in Malay Weddings from the Perspective of Islamic Law: A Case Study at Tanjungpinang, Riau Islands

Tepuk Tepung Tawar 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...

An Examination of Islamic Family Law in Kampar Regency, Riau: Focusing on the Causes and Prevalence of Divorce in the Community

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...

The Problem of Interfaith Marriage in Indonesia: A Juridical-Normative Approach

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...

Child Marriage in Kabang, South Yala, Thailand: Islamic Family Law Perspective

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...

Impacts of Early Childhood Marriage in Indonesia Viewed from Child Protection Laws Perspectives

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...

Divorce Petition Against Drug User Husband: Case Study of Kuala Simpang Syar'iyah Court Decision, Aceh Tamiang

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...

The Role of Customary Leaders as Ḥakam in Resolving Divorce: A Case Study in Kuta Alam Subdistrict, Banda Aceh City

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...

The 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

Triple talaq (Third Divorce) 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...

Legal Protection for Children in Cases of Domestic Violence in the Indonesian Households

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...

The Concept of Muḥammad Shaḥrūr on Gender Parity in Inheritance Legislation

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...

Islamic Renewal in the Field of Family Law: A Historical Analysis of Gender Equality

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...

Problems of Sirri Marriage and Prisoners: A Case Study in Sukadana, East Lampung, Indonesia

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 sirri marriage from the view of the Compilation of Islamic Law and Marriage Law in Indonesia...

Disparity in Judge Decisions in Resolving Rad Inheritance Disputes: Case Study at the Sharia Court in Banda Aceh City

Two contrasting viewpoints emerge over the issue of rad 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 Syar'iyah...

The Postponement of the Implementation of Inheritance Distribution in The Seunuddon Community, North Aceh In The Lens Of ‘Urf Theory and Legal Pluralism

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 al-'urf and the notion of legal pluralism. Data was gathered through extensive interviews conducted with religious leaders...

Tinjauan Hukum Perkawinan Islam Berdasarkan Sejarah Pembentukannya

Historiografi Islam menunjukkan dinamika yang sangat kompleks dan dinamis. Fakta ini ditunjukkan dengan munculnya beberapa karya sejarah Islam dengan ragam, model, jenis, tokoh, bentuk, dan karakter isi yang berbeda-beda. Realitas keragaman ini didorong oleh motif dan latar belakang sosial budaya yang berbeda, serta struktur ideologi tertentu yang mempengaruhi penulis sejarah. UU...

The Alimony Obligation of a Civil Servant and Non-Civil Servant Father towards Children Post-Divorce (The Study on Aceh Syar'iyyah Court Decision Study of 2019)

This research was motivated by two decisions of the Aceh Syar'iyah Court, namely decision Number 75/Pdt.G/2019/MS. Aceh in determining the child's sustenance after divorce, distinguished by the amount that must be given by civil servant and non-civil servant fathers. However, these two decisions are different from the provisions of the Compilation of Islamic Law (KHI), in which...

The Family’s Roles in the Effects of Working from Home During the Covid-19 Pandemic on Children (A Case Study of Families in Banda Aceh City)

The increasing prevalence of the Covid-19 virus has a significant impact on children's activities, particularly in the realm of education, resulting in the necessity of learning at home. In addition to having an effect on children due to atypical learning patterns, this is the responsibility of the family to facilitate children's education. To prevent learning loss for children...