Al-Usroh : Jurnal Hukum Keluarga Islam 2023-12-05T00:00:00+00:00 Achmad Fahruddin Open Journal Systems <p><strong>Al-Usroh : Jurnal Hukum Keluarga Islam </strong>yang diterbitkan oleh Program Studi Ahwal Syakhsiyyah (Hukum Keluarga), Jurusan Syariah, Sekolah Tinggi Agama Islam (STAI) Sangatta Kutai Timur, Kalimantan Timur, Indonesia. Jurnal ini menerbitkan paper/artikel ilmiah secara berkala dua (2) kali dalam setahun (Juni dan Desember).</p> <p>Jurnal ini menerbitkan artikel hasil penelitian, kajian pustaka dan atau hasil resensi buku mengenai hukum keluarga islam. Adapun ruang lingkupnya adalah: Hukum Keluarga Islam; Fikih Munakahat; Pemikiran Hukum Islam; Hukum Perdata Islam; Kajian Ushuliyah di bidang hukum domestik; Ilmu Falaq; Hukum Perkawinan; Islam dan Gender; Fikih keluarga</p> HAK WARIS ISLAM DITINJAU DARI HAM DAN KESETARAAN PERSPEKTIF NURCHOLIS MAJID 2023-07-01T06:23:14+00:00 Gazali Rahman Lilik Andaryuni <p>This research focuses on NurCholis Majid's perspective on inheritance rights in Islam from the standpoint of human rights and the principle of equality. NurCholis Majid is an influential Muslim intellectual in religion study and social issues in Indonesia. In NurCholis Majid's understanding, inheritance rights in Islam should see in a broader context, including the universal values of human right. According to NurCholis Majid, inheritance rights should be based on the principle in gender equality, which means granting equal rights to men and women. Although Islamic tradition tends to allocate a larger share of inheritance to men, NurCholis Majid proposes that the principle’s' quality should be uphold, thus requiring reforms in the interpretation of inheritance. He believes that fair and equal inheritance rights would be more in line with human values and the human rights. This research adopts an interdisciplinary and normative juridical approach that is qualitative. The results show that NurCholis Majid's perspective on inheritance rights in Islam emphasizes the need to integrate human rights principles and gender equality into the practice of fair inheritance. In facing social and cultural challenges, a dialogic approach and social transformation are considered the importance for achieving sustainable changes toward equal inheritance rights in Islam</p> 2023-12-05T00:00:00+00:00 Copyright (c) 2023 Al-Usroh : Jurnal Hukum Keluarga Islam PENDIDIKAN AGAMA DAN KONSTRUKSI GENDER DALAM MASYARAKAT ISLAM 2023-08-27T17:01:54+00:00 Muhammad Husni Abdulah Pakarti Hendriana Hendriana Diana Farid Ghina Ulpah Nurul Afifah <p>Gender construction in Islamic societies was influenced by religious interpretations and local culture, which can affect social roles and expectations for individuals based on gender. This research aims to analyze the interaction between Islamic religious education and gender construction in Islamic society context. This research uses a qualitative method with a literature study approach or literature analysis to collect and criticize literature related to religious education, gender, and Islam. After the data is collected, it is analyzed to produce concrete conclusions. The research findings indicate that religious education has a significant role in maintaining and changing gender construction in Islamic society. The interpretation of religion and its emphasis in the religious education curriculum can influence how gender roles are defined and implemented daily. In addition, cultural factors and social context also play a role in shaping gender construction in Islamic societies. Local traditions, social norms, and historical factors can reinforce or change perceptions of gender roles in society. The research also highlights the importance of religious education in reflecting on Islamic teachings to promote gender equality and overcome patriarchal views. This research was expected to provide further insights into how Islamic religious education can influence the construction of gender in Islamic societie</p> 2023-12-05T00:00:00+00:00 Copyright (c) 2023 Al-Usroh : Jurnal Hukum Keluarga Islam MENGUCAPKAN SALAM KEPADA NON MUSLIM DALAM PERSPEKTIF FIQIH 2023-08-28T07:48:49+00:00 Moh. Tauhid <p>Fiqh also has the function in determining the practical laws that might be followed by Muslims in various aspects of life, such as worship, Muamalah (transactions), and family. Fiqh also helps apply Islamic teachings in the context of modern times, even though the basic laws still apply, and allows adjustments in technical matters that did not exist at the time of the Prophet Muhammad SAW. It based on verses of the Qur'an and Hadith, which often have deep and complex meanings. The purpose of this study was describe, analyze, and provide an interpretation of the concept of greeting, saying greetings, and responding to greetings from non-Muslims from a Fiqh perspective. The method applied in this research is library research. The result is that the concept of greeting in Islam has a deep dimension of peace, tolerance, harmony, and affection between individuals and society. Although there are variations in interpretation and practice within the perspective of Fiqh, these principles teach Muslims to maintain an open, respectful, and compassionate attitude in interactions with all people, including non-Muslims. Then, in terms of answering greetings from non-Muslims, a Muslim can answer with different answers, namely by answering with wa'alaikum, 'alaika aw wa'alaika, and ma qulta. Thus, it hoped that this research could provide additional insight for religious people that reflected peace, tranquility, and safety in all aspects of life.</p> 2023-12-05T00:00:00+00:00 Copyright (c) 2023 Al-Usroh : Jurnal Hukum Keluarga Islam QIYAS VIS A VIS AD DALALAH (MENGUAK PENOLAKAN ABU MUHAMMAD TERHADAP QIYAS SEBAGAI SUMBER HUKUM ISLAM) 2023-09-08T02:20:09+00:00 Mustatho Mustatho <p>In legal Istinbath, Abu Muhammad was known as a scholar who strictly adheres to the outward texts. Therefore, he has been critical of the clergy who give the role of ratio in determining the law. In his view, Islamic law originates from Allah SWT is determined by Allah clearly in the texts of the Qur'an and Sunnah, and is practiced by consensus by Muslims. The third source of law in Islam is Ijma'. Ijma itself has to rely on the texts because there is no Ijma' without relying on the texts. So Abu Muhammad stipulates that the three sources of law above are the mains references in carrying out legal Istinbath. He rejected qiyas as the fourth source of law was the opinion of the scholars’ majority. To examine this issue, this research is literary with the substance of character research. The research method used is the content analysis method, namely analyzing the thoughts of Abu Muhammad in various existing writings. The results of the research show that to respond the various contemporary problems that arise, for which answers cannot be found explicitly in the texts, both in the Qur'an, Sunnah, and Ijma', Abu Muhammad has the method was also the fourth source of law after Ijma'. The source of law used by Abu Muhammad is known as ad Dalil. However, in further development, the concept of ad Dalil from Ibn Hazm was considered by other Ulama as a source of law or a way of Istinbath law was no different from the qiyas used by previous scholars.</p> 2023-12-05T00:00:00+00:00 Copyright (c) 2023 Al-Usroh : Jurnal Hukum Keluarga Islam THE ROLE OF PARENTS IN SHAPING POLITICAL AWARENESS IN FIRST-TIME VOTERS AMONG FAMILIES IN THE SOUTH SANGATTA DISTRICT EAST KUTAI REGENCY 2023-11-20T00:13:56+00:00 Ismail Rahmat <p>The family is considered the primary pillar in children's lives journey. Within the family's scope, there are many lessons and teachings that can be acquired, including in the realm of education. Education takes on various manifestations that serve as the foundation for children's development and preparation for life outside the family. One aspect of education that was often overlooked is political education. Political education is crucial for shaping children into quality citizens. Therefore, the family plays a vital role in delivering political education to children. Parents, as family members, have a primary role in the delivery of the political education. This research is descriptive-quantitative in nature and employs proportional stratified random sampling techniques. Data was obtained through interviews and the use of questionnaires. The research findings indicate that the parental education level, whether elementary, junior high, high school, or a bachelor's degree, influences their role in providing political education to children. Parents with higher levels of education tend to play a more significant role in delivering political education. Efforts to enhance the political awareness of children include providing the comprehension, political knowledge, discussions about politics, and supporting children's participation in political activities. However, in the process, parnts face several obstacles their efforts to instill political awareness in children as first-time voters in the South Sangatta Selatan District, East Kutai. These obstacles involve factors such as the parents' education level, children's attitudes, socio-economic situations, and socio-cultural aspects in the children's social circles. These factors present challenges in the endeavor to instill political awareness in children.</p> 2023-12-05T00:00:00+00:00 Copyright (c) 2023 Al-Usroh : Jurnal Hukum Keluarga Islam PERKAWINAN ANAK SEBUAH KRIMINAL ? 2023-11-27T00:29:31+00:00 Muchammad Abdul Basir Alfajar Nugraha <p>The problem of child marriage does not only occur in Indonesia but in all parts of the world still have problems In child marriage, in child marriage there are often violations in the form of discrimination related to children's rights even if the violation is a crime for the parties involved because there is a criminal threat in it. Therefore, in this case, the author will analyze the extent of criminal elements that occur in child marriage by examining based on the theory of the state of law and the theory of punishment related to child marriage. This research was conducted qualitatively using a normative juridical approach. Qualitative methods are used to understand and explain social phenomena or human behaviour. The focus is on context, meaning, and interpretation of the data. This approach focuses on how principles or standards are used in positive law. Based on the results of the author's analysis several criminal elements can be criminalized related to child marriage, namely as contained in articles 287-288 of the Criminal Code with subjective and objective elements, namely the woman who is by the husband is his wife, who is not yet married and causes injuries then threatened criminally and in article 26 paragraph (1) point c of the Child Protection Law, Parents have violated children's rights by not trying to prevent marriage at the age of children. So that everyone, including parents who intentionally or unintentionally have committed acts of discrimination against children which results in children experiencing both material and moral losses so that their social functions or neglect of children that cause children to experience pain or suffering, both physical, mental and social, are threatened with crime which in this case can be associated as forced marriage by examining that a child cannot provide Informed consent so that the possibility of marriage being coerced in the form of persuasion from someone, both parents, family, and other people is a form of discrimination.</p> 2023-12-05T00:00:00+00:00 Copyright (c) 2023 Al-Usroh : Jurnal Hukum Keluarga Islam