Al-Usroh

PATRIARKI DALAM PERSPEKTIF AGAMA ISLAM: Analisis Ayat-Ayat Al-Qur'an dan Hadis Berkaitan Dengan Gender dan Keadilan

Muhammad Akmal — 2025-09-02

This research aims to examine the position of religious texts, particularly verses of the Qur'an and Hadith, in the construction and coloring of the patriarchal culture of Muslim society dominantly over time. The purpose of this research is to explore how the verses of the Qur'an and Hadith are interpreted to support or confront patriarchal norms. The type of research applied is qualitative research with secondary data, using literature study instruments from journals or articles that support relevant Quranic verses and a comparative approach to Hadith. From this study, it turns out that many classical interpretations of Quranic verses reinforce gender hierarchy, where the social position of women is often marginalized in all areas of social life. On the other hand, interpretations of Hadith show a more complex dynamic, where some Hadith support gender equality while others reinforce the patriarchal structure. This research makes an important contribution to understanding the relationship between religion and social structure, particularly in the context of gender justice. These findings not only open new avenues for discussion on the reinterpretation of religious texts but also offer critical perspectives that can support efforts to create gender equality in Muslim societies.

ANALISIS UNDANG-UNDANG NO. 1 TAHUN 1974 PASAL 31 AYAT 3 TERHADAP KESETARAAN GENDER DALAM KONTEKS PERUBAHAN SOSIAL KONTEMPORER

Ufi’atun Nur Faizah — 2025-09-02

Article 31 Paragraph 3 of Law Number 1 of 1974 on Marriage, which states that "the husband is the head of the family and the wife is a housewife," raises concerns regarding gender equality and contemporary social dynamics. This provision is considered to reflect a patriarchal legal construction that fails to respond to the evolving gender roles in modern society, where women also actively contribute as breadwinners and decision-makers within the family. This study aims to analyze the relevance of Article 31 Paragraph 3 through a normative, contextual, and inclusive juridical approach. The findings indicate that this provision has the potential to perpetuate gender discrimination and contradicts the principles of justice enshrined in the 1945 Constitution of Indonesia as well as the CEDAW Convention, which has been ratified by Indonesia. Therefore, a reinterpretation of Article 31 Paragraph 3 is necessary to ensure it aligns with contemporary values of equality and current social realities. Reformulating this provision is essential to establish an inclusive and just family law system that keeps pace with societal developments.

KAJIAN ‘URF TERHADAP ASPEK HUKUM ADAT TRADISI ANTAR PAKATAN DALAM PESTA PERNIKAHAN SUKU MELAYU SAMBAS DI DESA SEPADU

Muhammad Syarif — 2025-09-02

This research aims to examine: 1) The practice of the Antar Pakatan tradition in the wedding ceremonies of the Sambas Malay community in Sepadu Village, and 2) the ‘urf-based legal analysis of the custom of Antar Pakatan in the wedding ceremonies of the Sambas Malay community in Sepadu Village.The study employs a qualitative research method with field research and a normative-empirical approach. The data sources consist of primary and secondary sources: 1) primary sources include religious leaders, community members who marry off their children using the tradition, and other involved parties; 2) secondary sources include books, journals, and articles related to the study. Data collection techniques used are observation, interviews, and documentation. Data analysis applies the Miles and Huberman technique, which involves data reduction, data presentation, and drawing conclusions. Based on the analysis conducted, the researcher concludes that: 1) The Antar Pakatan tradition requires invitees to a wedding to bring one live chicken or poultry and a sack of rice as gifts for the hosting family. Besides serving as gifts, Antar Pakatan also helps alleviate the financial burden of wedding expenses. 2) The Antar Pakatan tradition can be categorized as ‘urf since it fulfills the requirements for customs or traditions to be recognized as ‘urf.

NILAI-NILAI ‘URF DALAM TRADISI BHEN GHIBEN PADA PERKAWINAN MASYARAKAT MADURA DI KELURAHAN SIANTAN TENGAH

Amelia Faizah — 2025-09-02

This study aims to thoroughly examine the practice of the Bhen Ghiben tradition in marriages among the Madurese community in Siantan Tengah Village, as well as to analyze the embedded 'urf values as part of a local culture that is still preserved to this day. The research was conducted using a qualitative-descriptive approach through field research methods, where primary data were obtained from in-depth interviews with community leaders and cultural practitioners, while secondary data were collected from literature reviews related to the Bhen Ghiben tradition and the concept of 'urf in Islamic law. Data collection techniques included interviews and documentation, while data analysis employed an interactive model encompassing data reduction, data presentation, verification, and conclusion drawing. The results show that the implementation of Bhen Ghiben begins two to three months before the wedding, initiated by a deliberation between families to determine items such as household furniture, clothing, and traditional food. On the wedding day, these items are symbolically handed over by the groom's family to the bride's family. This tradition is not merely a customary obligation, but also contains strong 'urf values, including responsibility, mutual cooperation, mutual respect, and benefit, which together strengthen the social, cultural, and normative structures within the Madurese community of Siantan Tengah.

TRADISI SENGKOLAN KANONG SEBELUM MELAHIRKAN PADA MASYARAKAT MELAYU DESA NANGA MAHAP DALAM KAJIAN URF

Baihaqi Isnaini — 2025-09-02

This research aims to examine and analyze the Sengkolan Kanong tradition carried out by the Malay community in Nanga Mahap Village, Sekadau Regency, from the perspective of 'urf. Using a qualitative method, this study applies a field research approach to collect primary data through in-depth interviews with practitioners, community leaders, and religious figures, as well as secondary data from literature review. The collected data were then analyzed through the stages of data compression, structured data presentation, and conclusion drawing. The results show that the Sengkolan Kanong tradition is a series of symbolic rituals involving the use of fresh flour and coconut leaves, accompanied by the recitation of Islamic prayers. This tradition has important cultural and spiritual values, and also serves to strengthen family relationships. From an 'urf perspective, this tradition can be categorized as 'urf shahih because most of its practices are in line with Islamic law, but there are some elements of local culture, such as khurafat (superstition) and exposed aurat, that need to be adjusted. This study concludes that the Sengkolan Kanong tradition has positive values and can be maintained, as long as aspects that conflict with Islamic law are continuously monitored and adjusted.

PRAKTIK ADAT PERNIKAHAN SALEP TARJHE MASYARAKAT MADURA DI KELURAHAN BATU LAYANG KECAMATAN PONTIANAK UTARA KOTA PONTIANAK PERSPEKTIF HUKUM ISLAM

Amal Amal — 2025-09-02

This study aims to uncover and clarify the actual practice of the customary marriage known as salep tarjhe, including the underlying philosophy and reasons for its prohibition, as well as its perspective from Islamic law within the Madurese community of Batu Layang. The research employs two main analytical frameworks: symbolic interactionist theory and Islamic law concerning marital issues. Using a sociological approach, this field research is supported by a literature review, with the author collecting primary data directly through interviews and documentation. The informants for this study include the couples involved, their parents, religious leaders, traditional elders, and the local community. The findings indicate that religious and community leaders in Batu Layang widely permit salep tarjhe marriages, asserting that they do not contradict Islamic sharia. The prohibition is found to stem from myths passed down through generations, such as beliefs that the marriage could lead to financial hardship, divorce, or infertility. This myth is classified as ‘urf fasid (corrupt custom) because it is inconsistent with Islamic principles. Conversely, some members of the general public still forbid this practice due to their belief in these myths. From an Islamic legal standpoint, the salep tarjhe marriage is deemed permissible (mubah) as there is no specific prohibition mentioned in the Quran, Hadith, or the views of codified fiqh scholars.

UPACARA PANGANTEN DAYAK KANAYATN KABUPATEN LANDAK KECAMATAN MEMPAWAH HULU DALAM PERSPEKTIF AL-‘URF

Rizky Pratama — 2025-09-02

This study aims to examine: (1) Which marriage customs are still practiced by the Dayak Kanayatn tribe today, and (2) The Islamic legal perspective on the implementation of the Dayak Kanayatn wedding ceremony based on the concept of al-‘urf for Muslim adherents. This research employed a qualitative field research method, utilizing direct observation and in-depth interviews as primary data collection techniques. The primary data were obtained through documented interviews with key informants, including two traditional leaders and one religious figure, while secondary data were gathered from relevant books, articles, and scholarly sources. Data collection was conducted through interviews and documentation, and data validity was ensured through triangulation. The findings indicate that (1) The marriage customs currently practiced by the Dayak Kanayatn tribe are Picaraatn, Ngomok, and the Wedding Feast, each involving a picara (spokesperson) and a paraga tool used as a medium for prayer to Jubata (God); and (2) From the perspective of al-‘urf in Islamic jurisprudence, the practice of this wedding ceremony is considered contrary to Islamic teachings when performed by Muslims and is classified as ‘urf fasid (corrupt custom) due to elements of shirk (polytheism), the permissibility of prohibited acts (such as the slaughter of pork), and the risk of leading to fornication if conducted prior to a valid Islamic marriage contract. Consequently, the practice is deemed haram (forbidden) under Islamic law, as it contradicts core principles of tawhid and Sharia, despite certain elements like Picaraatn being individually permissible, since the entire ceremony is inseparable and embedded within practices that violate Islamic doctrine.

PRAKTIK ADAT BERCIYAY DALAM PERNIKAHAN MASYARAKAT TANJUNG HARAPAN KECAMATAN ELLA HILIR KABUPATEN MELAWI PERSPEKTIF URF

Syawaludin Syawaludin — 2025-09-02

This research aims to examine: 1) The procession of traditional berciyay in weddings among the people of Tanjung Harapan, Ella Hilir District, Melawi Regency; 2) The ‘urf perspective on the customary practice of berciyay within marriage traditions in the same community. This study employs qualitative research methods through field research, utilizing historical, sociological, and normative approaches to comprehensively analyze the phenomenon. Data sources consist of primary and secondary sources: primary sources include traditional leaders, religious leaders, and community figures; secondary sources encompass books, journals, and relevant scholarly articles. Data collection techniques involve in-depth interviews, direct observation, and documentation. Data analysis is conducted through data reduction, data presentation, and drawing conclusions. Based on the analysis, the researchers concluded that: 1) the implementation of traditional berciyay involves several ritual stages, namely: dudok sentetai (sitting parallel), betepas (sweeping), drinking water blessed with prayers for safety and protection from misfortune, ketupat lepas, nimok aik (bailing water), dismantling the flower garden, and throwing a complete set of the couple’s clothes accompanied by a water fight; 2) the practice of berciyay among the people of Tanjung Harapan falls under the category of al-urf al-khas (specific custom) as it is confined to a particular regional community, and it is also classified as urf fasid (corrupt custom) due to several harmful aspects in its implementation, including the use of unclean water such as ditch water, fermented durian (tempoyak), or oil-contaminated water, unrestricted mixing between non-mahram men and women, physical contact during the water fight, and the potential for physical injuries or conflicts.

IMPLEMENTASI KONSEP HUKUM HADLANAH DALAM PENGASUHAN ANAK ANGKAT (Tabanni)

Muhammad Ally Ramdhani — 2025-09-09

This research examines the implementation of the hadlanah concept within the practice of adopted child upbringing (tabanni) by two families in Pabuaran Village, Pabuaran District, Subang Regency. Hadlanah, as a concept of child-rearing in Islamic law, possesses distinct characteristics, particularly in the context of adopted children born out of wedlock. This study analyzes the issue from both Islamic law and positive law perspectives, involving interviews with adoptive families, religious leaders, and community figures. The findings indicate that both families harbored good intentions in caring for the children but lacked a complete understanding of the boundaries of hadlanah, including aspects related to nasab (lineage), aurat (intimate parts), mahram (unmarriageable kin), and inheritance rights. The research also found that knowledge regarding the rights and obligations between biological parents, adoptive parents, and the child remained weak, both under religious and state law. A synergy between understanding Islamic law and national law is crucial to ensure the best protection for the child.

ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM PADA PERKARA HARTA BERSAMA AKIBAT PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN (PERKARA NOMOR 1726/PDT.G/2020/PA.BKS.)

Siti Alivia — 2025-09-11

The phenomenon of joint property disputes resulting from divorce occurred in the decision of the Bekasi Religious Court judge in case number 1726/Pdt.G/2020/PA.Bks, in this decision the panel of judges divided joint property outside the provisions stipulated by Article 97 of the Compilation of Islamic Law, where in the decision The division is 1/3 for the Plaintiff (ex-husband) and 2/3 for the Defendant (ex-wife). So this research aims to find out the legal basis for the judge's council's considerations in deciding cases and find out the relevance of decision number 1726/Pdt.G/2020/PA.Bks to the Compilation of Islamic Law and the Marriage Law. This research uses a qualitative research method, namely a descriptive analysis research method with a normative juridical research approach at the level of a statutory approach and a judge's decision approach. And decision number 1726/Pdt.G/2020/PA.Bks as the primary data source used in this research. The results of this research show that the panel of judges decided on the division of joint assets in the amount of 1/3 for the Plaintiff and 2/3 for the Defendant. The division was carried out by the panel of judges based on considerations and several pieces of evidence which showed that the Defendant (ex-wife) contributed more to the collection of joint assets from the results of his work, while the Plaintiff (ex-husband) admitted that his income was indeed small. The panel of judges did not use article 97 of the Compilation of Islamic Law in its decision which states that the distribution of joint assets is ½ for each party, the ex-husband and ex-wife. In this case the judge deemed it fair to determine the division of joint assets with 1/3 share for the Plaintiff (ex-husband) and 2/3 share for the Defendant (ex-wife). This judge's decision is in accordance with Satjipto Raharjo's progressive legal theory.