Al-Usrah : Jurnal Al Ahwal As Syakhsiyah
Journal Title : Al-USRAH : Jurnal al-Ahwal as-Syakhsiyah ISSN : ISSN 2338-1264 (print) | ISSN 2809-1906 (online) DOI Prefix : http://dx.doi.org/10.30821/al-usrah.v9i01.10400 Editor in Chief : ‪Prof. Dr. Syafruddin Syam‬, M.Ag‬ Managing Editor : ‪Dr. Heri Firmansyah, MA‬ | ‪‪Aida Nur Hasanah, M.H‬ Publisher : Universitas Islam Negeri Sumatera Utara Frequency : 2 issues per year (January-June and July - December) HISTORY AND PHILOSOPHY Al-USRAH : The al-Ahwal as-Syakhsiyah Journal is a scientific journal published twice a year (January–June and July–December) by the State Islamic University of North Sumatra, Indonesia. This journal focuses on examining how norms based on Islamic law influence and are shaped by contemporary legal systems. Researchers, academics, and legal practitioners are invited to submit their articles to Al-Usrah. The journal’s scope includes: Law, Islamic Law, Family Law, Islamic Family Law, Family Study, Customary Law, Gender Equality and Childern's Rights, Islamic Comparative Law, Anthropological Law, Sociological Law, Marriage and Gender Issues, History of Islamic Family Law and Islamic Law. The Al-Usrah Journal has had an ISSN (print) since 2013. The last issue was published in June 2017, coinciding with the launch of its online edition. However, there was a hiatus with no issues published until 2020. In 2021, we made efforts to resume publication of the Al-Usrah Journal while simultaneously applying for an online ISSN. As of 2021, the Al-Usrah journal has been assigned ISSN No. 2809-1906, with Approval No. 0005.28091906/K.4/SK.ISSN/2021.12. The Al-Usrah journal has also been indexed in Garuda since 2017. Subsequent issues have used the same name since its inception in 2013 and have not changed it at all.
Universitas Islam Negeri Sumatera Utara Medan
THE CONCEPT OF KHULU’ IN CONTEMPORARY ISLAMIC MARRIAGE LAW: A COMPARATIVE STUDY IN EGYPT, JORDAN, AND MOROCCO
This research examines the concept of khul' (wife-initiated divorce with compensation) as regulated in the personal status laws of three Arab Muslim countries: Egypt, Jordan, and Morocco. Using a comparative legal approach with qualitative-normative methods, this study analyzes how each country codifies and implements khul' in its legal framework, tracing the interplay between classical Islamic jurisprudence (fiqh), national legislation, and judicial practice. Egypt through Law No. 1 of 2000 pioneered a relatively liberal khul' regime in the Arab world by allowing courts to grant khul' without requiring the husband's consent, a formulation that triggered significant scholarly and social controversy. Jordan, through the Personal Status Law No. 61 of 1976 as amended by Law No. 36 of 2010, adopts a more Hanbali-influenced approach requiring either mutual agreement or judicial determination of harm. Morocco through the Moudawwana (Family Code) of 2004 introduces the concept of shiqaq (discord) alongside khul' as mechanisms for wife-initiated divorce, reflecting the Maliki school's jurisprudence. The findings indicate that despite their shared Islamic jurisprudential foundations, the three countries exhibit significant divergences in procedural requirements, financial implications, and judicial discretion, shaped by distinct socio-political contexts and legislative priorities. The study concludes that genuine legal reform requires not only textual codification but also robust judicial implementation mechanisms and social support systems for women navigating family dissolution.
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A LEGAL ANALYSIS OF THE COMMERCIALIZATION OF THE MAHAR DUE TO THE ABSENCE OF LIMITS ON THE MAHAR IN THE COMPILATION OF ISLAMIC LAW
Mahar is the right of a prospective wife that must be provided by the prospective husband as a consequence of the marriage contract. The Compilation of Islamic Law regulates the obligation to provide mahr but does not stipulate either a minimum or maximum limit for the amount of mahr that may be given in a marriage. The absence of such regulation grants the parties the freedom to determine the amount and form of mahr based on mutual agreement. On the other hand, this condition has the potential to encourage the phenomenon of mahr commercialization, shifting its meaning from a symbol of respect for women to a symbol of social status and economic interests. This study aims to analyze the juridical basis for the absence of mahr limitations in the Compilation of Islamic Law and its implications for the phenomenon of mahr commercialization in society. This research employs a normative legal research method with statutory, conceptual, and comparative approaches. Data were obtained through a literature study consisting of primary, secondary, and tertiary legal materials. The findings indicate that the absence of minimum and maximum limits on mahr in the Compilation of Islamic Law is based on the principles of flexibility in Islamic law, public benefit (maslahah), and respect for the diversity of customs and socio-economic conditions within Indonesian society. However, such freedom also has the potential to give rise to the commercialization of mahr, characterized by the determination of excessively high mahr as a symbol of prestige and social status. From the perspective of maqāṣid al-sharī‘ah, such practices are inconsistent with the objectives of Islamic law, which emphasize ease, public welfare, and the protection of wealth. Therefore, strengthening religious understanding and legal education is necessary to ensure that the determination of mahr remains oriented toward the values of simplicity and ease as taught in Islam.
NUSYUZ IN FIQH AND MODERN PRACTICE: A CROSS-SCHOOL DOCTRINAL ANALYSIS AND CONTEMPORARY CONTEXTUALIZATION
Ideally, marriage should create a harmonious family, but household dynamics are often threatened by the threat of rift caused by the phenomenon of nusyuz. Nusyuz is often biasedly identified as a wife's disobedience, even though this attitude can occur reciprocally between partners when they neglect their obligations. The research aims to explain the idea of nusyuz from the perspective of various Islamic schools of jurisprudence and to analyze its adaptation and contextualization in modern practice. Methods The type of library research used is qualitative, normative-theoretical in nature through a comparative approach between schools of jurisprudence. The results of the study indicate differences in the definition of nusyuz and its implications for the right to maintenance among jurists. The Hanafi, Maliki, and Shafi'i schools agree that a wife's right to maintenance is forfeited if she leaves the residence without permission (khuruj), but if the wife refuses intimate relations but lives with her husband (ihtibas), she still has the right to maintenance according to the well-known opinion of the three schools of jurisprudence. In the modern era, physical resolution measures (beating) in QS. An-Nisa: 34 faces legal challenges due to its conflict with Human Rights standards and the Law to End Domestic Violence (UU PKDRT). In conclusion, modern practice deconstructs classical understanding by prioritizing the principle of equal partnership (mubadalah). Nusyuz is now interpreted as a disregard for shared commitments, where refusal of intimate relations for health or psychological reasons is no longer considered disobedience. Conflict resolution is more directed towards psychological approaches, mediation by peacemakers (hakam), and peace (ishlah), while physical action is strictly avoided to uphold humanitarian values.
FINANCIAL INDEPENDENCE AS THE BASIS FOR THE TERMINATION OF A FATHER’S CHILD SUPPORT OBLIGATION: AN ANALYSIS OF PROTECTIONS FOR CHILDREN WITH DISABILITIES
This study investigates the legal framework of financial independence as a criterion for ending a father's duty to support his children, through the lenses of Islamic law and Indonesian positive law, and evaluates the sufficiency of this concept in safeguarding the rights of children, especially those with disabilities. The used research approach is normative legal research, which focuses on the examination of legal norms within legislation, doctrine, and other pertinent legal documents. The methodologies used consist of the statutory approach, the conceptual approach, and the comparative approach. The sources of legal materials include fundamental legal resources such as legislation and Islamic law sources (the Qur'an, Hadith, and scholarly views), along with secondary legal materials including books, academic journals, essays, and pertinent expert opinions. Data analysis was performed qualitatively using descriptive-analytical techniques. The study's findings reveal that neither Islamic law nor Indonesian positive law establishes a definitive age restriction for the cessation of assistance; instead, it is contingent upon the child's economic capacity for independent living. In Islamic jurisprudence, this is shown in the principles of al-kasb and al-i‘timād ‘ala al-nafs, but in Indonesian law, it is encapsulated in the expression “able to stand alone” as articulated in Article 45 paragraph (2) of the Marriage Law. Nonetheless, the notion of financial freedom cannot be universally applied, since not all children possess the same capacity to attain economic autonomy, particularly those with impairments who face enduring limits. Consequently, this idea must be comprehended with flexibility and contextuality, while maintaining a focus on the principles of justice and the safeguarding of children's rights.
THE DYNAMICS OF DIVORCE LAW IN ISLAM: A COMPARATIVE STUDY OF THE PROVISIONS ON TALAK, KHUL’, AND JUDICIAL DIVORCE IN INDONESIA AND MOROCCO
Morocco, by way of the Mudawwanah al-Usrah (2004), and Indonesia, through the Marriage Law in conjunction with the Compilation of Islamic Law (KHI), have undertaken reforms to their respective Islamic family law systems aimed at curbing unilateral divorce and safeguarding women's rights through an enhanced judicial role. This study seeks to comparatively examine the concepts, procedural frameworks, and practical implementations of three divorce mechanisms—talaq (repudiation), khul' (compensatory dissolution), and judicial divorce—within the legal contexts of Morocco and Indonesia. A normative-comparative legal approach is employed, drawing on both statute analysis and cross-jurisdictional comparison. Findings indicate the following. In terms of Talaq: Indonesian law mandates that talaq declarations be made before the Religious Court, while Moroccan law imposes more rigorous judicial oversight, conditioning talaq authorization on the husband's prior settlement of all financial obligations to the wife, including mut'ah. Regarding Khul': Indonesian law incorporates khul' within the mechanism of Cerai Gugat (wife-initiated divorce) accompanied by a compensatory payment (iwadh), whereas Moroccan law treats khul' as a distinct financial arrangement, with judges holding authority to determine compensation in cases of dispute. As for Judicial Divorce: both countries have broadened the grounds upon which a wife may petition for divorce; however, Morocco demonstrates greater progressiveness through the introduction of the Shiqaq doctrine (irreconcilable differences), which permits dissolution without requiring exhaustive proof of fault. In conclusion, while both nations have effectively transferred divorce authority from the private domain to the judiciary, Morocco's approach is more systematically codified and progressive in constraining husbands' prerogatives, whereas Indonesia continues to rely on a multi-tiered mediation framework alongside a dual administrative track for divorce proceedings.