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All Journal Ahkam: Jurnal Hukum Islam Jurnal Ilmiah Profesi Pendidikan FiTUA : Jurnal Studi Islam Jurnal Riset Hukum Keluarga islam Tasyri'
Mutawali, Muhammad
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Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Tasyri'

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Aktualisasi Nilai Historis & Teoritis dalam Pemberlakuan Hukum Islam di Indonesia Azzahra, Fatimah; Mutawali, Muhammad; Syukri, Syukri
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.173

Abstract

Islamic law is a set of Islamic rules and norms sourced from the Quran and Hadith, coupled with the sources of Islamic law in the form of Ijma' and Qiyas, and the sources of ijtihad that are still debated by scholars in their use in the form of Istihsan, Istislah, Istishab, Maslahah Mursalah, 'Urf, Sar'u Man Qablana, and so on. The history of the birth of Islamic law began with the appointment of Muhammad as the last Prophet and Apostle, and was sent to this earth as the recipient of divine revelation that must be disseminated to his people until the Day of Resurrection arrives. The revelations collected into the Qur'an contain all the rules that are allowed and not allowed to be done as believers. The Quran and Hadith are final even though they can still be interpreted according to the development of the times until now. With the spread of Islam to all corners of the world, Islamic law is also included in it. Islam reached Indonesia at a time when the Hindu-Buddhist kingdoms still ruled Indonesia. Islam was brought peacefully by Arab and Indian traders so that it could be well received by the indigenous people at that time. The implementation of Islamic law in Indonesia has occurred since the birth of Islamic kingdoms until the current modern Indonesian era. This is evidenced by the use of Islamic law as the basis / source of various rules in Indonesia
Analisis Perspektif Maslahah terhadap Keputusan Pemerintah terkait Pelegalan Alat Kontrasepsi di Indonesia Wathoni, M. Naufal Addil; Mutawali, Muhammad; Indrawati, Teti
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.151

Abstract

This study analyzes government policies related to the legalization of contraceptives through the maslahah theory, where the government recently legalized contraceptives in Indonesia for school teenagers in Indonesia. This theory examines how the benefits and harms are contained in government policies related to the legalization of contraceptives in Indonesia. As we know that contraceptives function as a means of preventing pregnancy among married couples who hold the concept of family planning. This study uses a literature study approach, where data and documentation are taken from books, articles, journals, research report notes from previous researchers. This study also uses a normative legal research method with a literature study approach. The main sources include classical and contemporary fiqh books, journal articles, and legal reports. This study identifies that this legalization has two dimensions of maslahah: al-mursalah for married couples, meaning that contraceptives for married couples have benefits, namely as a means of preventing pregnancy and al-mulghah for unmarried adolescent users, meaning that if an unmarried couple uses contraceptives to have sex like a husband and wife, it is still counted as an act of adultery. This research offers a new perspective in understanding the relationship between public policy and maqasid sharia.
Aktualisasi Nilai Historis & Teoritis dalam Pemberlakuan Hukum Islam di Indonesia Azzahra, Fatimah; Mutawali, Muhammad; Syukri, Syukri
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.173

Abstract

Islamic law is a set of Islamic rules and norms sourced from the Quran and Hadith, coupled with the sources of Islamic law in the form of Ijma' and Qiyas, and the sources of ijtihad that are still debated by scholars in their use in the form of Istihsan, Istislah, Istishab, Maslahah Mursalah, 'Urf, Sar'u Man Qablana, and so on. The history of the birth of Islamic law began with the appointment of Muhammad as the last Prophet and Apostle, and was sent to this earth as the recipient of divine revelation that must be disseminated to his people until the Day of Resurrection arrives. The revelations collected into the Qur'an contain all the rules that are allowed and not allowed to be done as believers. The Quran and Hadith are final even though they can still be interpreted according to the development of the times until now. With the spread of Islam to all corners of the world, Islamic law is also included in it. Islam reached Indonesia at a time when the Hindu-Buddhist kingdoms still ruled Indonesia. Islam was brought peacefully by Arab and Indian traders so that it could be well received by the indigenous people at that time. The implementation of Islamic law in Indonesia has occurred since the birth of Islamic kingdoms until the current modern Indonesian era. This is evidenced by the use of Islamic law as the basis / source of various rules in Indonesia
Co-Authors Atun Wardatun Fatimah Azzahra Jumarim Muttalib, Abdul Rizki, Prasetio Syukri Syukri Teti Indrawati Wathoni, M. Naufal Addil