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Contact Name
Ali Mutakin
Contact Email
nabilamandor@gmail.com
Phone
+6282210693647
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Editorial Office: Sekolah Tinggi Agama Islam Nurul Iman Jalan Nurul Iman No. 01, Warujaya Parung, Bogor, Jawa Barat, Indonesia, 16330 Phone: +62 822 1037 2525 e-mail: tasyri@stai-nuruliman.ac.id Website: www.stai-nuruliman.ac.id
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Jawa barat
INDONESIA
Tasyri'
ISSN : 28099362     EISSN : 28098625     DOI : https://doi.org/10.53038/tsyr
Core Subject : Religion, Social,
Tasyri’ welcomes high-quality manuscripts resulted from a research project in the scope of Islamic Family Law, Islamic economic law, Islamic criminal law, Islamic constitutional law, Zakat and waqf law, Contemporary Islamic legal thought and various scientific studies in the field of law and other topics related to this area.
Arjuna Subject : Umum - Umum
Articles 6 Documents
Search results for , issue "Vol. 1 No. 2 (2022): Tasyri'" : 6 Documents clear
Kedudukan dan Urgensi Shigat Taklik Talak Perspektif Ketentuan KHI Dan Hukum Fiqh Klasik: ANALISIS WACANA KRITIS ANTI-TESIS Harahap, Rahmad Ibrahim; Siregar, Ramadhan Syahmedi
Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i2.28

Abstract

That it is a habit among Indonesian Muslims when the consent procession is completed between the guardian of the prospective wife and the prospective husband, the husband will be asked by Tuan Kadhi (KUA marriage registrar) to read and/or pledge shigat taklik talak in front of him and witnessed by the the parties who participated in the procession of the marriage contract were the guardians of the prospective wife, the witness of the marriage and the other invited guests. This research is a type of qualitative research with a library database, and data analysis techniques with 3 approaches, namely the legal approach (read: statute approach), and conceptual approach (read; conceptual approach) and comparative approach (read: comparative approach). The conclusion of this paper is that there are several aspects of disharmony between the provisions of the Compilation of Islamic Law (KHI) and classical fiqh law and regarding the legal consequences of taklik talak which are violated by the husband in the future. The disharmony revolves around the status of the fall of divorce and the position of taklik talak as talak or iwadh'. Given that the rules of shigat taklik talak in the perspective of Islamic fiqh have significant differences with the rules of KHI, so there is a need for an in-depth analysis to look at this issue comprehensively with the aim of having an academic dialectic that provides a good understanding
Aktualisasi Akad dalam Fikih Muamalah bagi Lembaga Keuangan Syariah Prawiro, Atmo
Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i2.30

Abstract

This study aims to explore the principles of contract in Fiqh Muamalah which are practiced in sharia business. The contract is binding between two or more parties who make a binding agreement. Whereas the principles of agreement (akad) in sharia business are basically taken from the sources of fiqh muamalah itself, then applied in the field of modern sharia business, giving rise to various perceptions about the distribution of agreements (akad) based on the object of the agreement (akad). The research method used in this study is descriptive qualitative critical analytic, intended to provide an analytical description of the form of application of contract theories in muamalah fiqh for Islamic financial institutions. Through an analytical approach, methodologically it can be seen the application of contract theory with the support of studies on Islamic financial institutions. The approach used in this study, namely the philosophical and juridical approach of Islamic law. This study found that the more honest the sharia business parties in the contract will affect the religious behavior of the parties. This study also explains that the entrance to sharia or not sharia business starts from a strong intention of making an act, and this is in accordance with the rules of Innama al-'a'malu bi al-niyyat.
Relevansi Wakaf Ahli dalam Membangun Ketahanan Keluarga Suraiya, Ratna; Jauhari, Nashrun
Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i2.33

Abstract

Family waqf is oriented towards realizing family welfare in a sustainable manner, as the realization of the purposes of Shari'a Hifdz al-Nasal. The condition of families in Indonesia after the Covid-19 pandemic has experienced many resilience problems, so rescue efforts are needed. Using normative legal research methods, qualitatively, this research finds a synergy between family waqf and the concept of family resilience which is recognized in Indonesia, through five components: (1) legality and family integrity foundations, (2) physical resilience, (3) economic resilience ; (4) psychological social resilience (5) socio-cultural resilience. Useful research shows strategic steps in efforts to build families in Indonesia so that they have sustainable resilience
Pengawasan Mal Administrasi oleh Ombudsman Aceh terhadap Pelayanan Publik atau Pelayanan Kemasyarakatan pada BPBD Bireuen Yusuf Adan , Hasanuddin; Zubaidi, Zaiyad; Muhammad Iqbal Rahman
Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i2.36

Abstract

The implementation of a clean and effective government aspired to by the community, public services and law enforcement are two inseparable aspects of efforts to create a democratic government that aims to improve people's welfare, justice, legal certainty, clean and transparent government (clean government and good governance).  governance). In fact, there are still many maladministration carried out by public services. The formulation of the problem in this research is how is the Islamic perspective related to supervision and how is the process of public supervision and what factors are the obstacles experienced by the Aceh Ombudsman.  This type of research is classified as field research, which is descriptive in nature, namely research that describes and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al-  Qur'an, Hadith, opinions of scholars, laws and regulations, documents and books and other scientific works.  Based on the results of the study, it can be concluded that there is maladministration in Bireuen Regency regarding the misuse of public service facilities in the field of BPBD damkar, so that the Ombudsman conducts an investigation of the service.  Fiqh Siyasah's review of the supervision carried out by the Ombudsman does not conflict with the Shari'a, but the supervised service is not responsible for its service to the needs of the community.
Multicomplex Uang Panai’ terhadap Perempuan dalam Perkawinan Keluarga Muslim Suku Bugis Fitriyani, Fitriyani
Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i2.37

Abstract

The high panai' money in the marriage of the Bugis people can cause muticomplex to the family in the form of positive and negative implications. This paper aims to explore two perspectives due to the high amount of Panai' money, namely from the philosophical and sociological aspects. Using a qualitative research methodology sourced from data about Uang Panai' in traditional Bugis marriages, history books, dictionaries, journals, and articles. In addition, posts on social media such as YouTube, Instagram, Facebook, and WhatsApp. Then copy and collect them based on the theme following the research question. The researcher then analyzes the clarified data by building a coherent narrative and interpretation. This study reveals the positive impact of high Uang Panai' festive wedding party, increasing social status, and increasing popularity value. The negative impact is the rise of elopement, unregistered marriage, old virgins, financial shortages after marriage, and subordination of women. This study recommends the need for a more massive quantitative study for social acceptance and mapping of the Uang Panai' tradition in the Bugis.
Analisis Merger Bank Syariah Indonesia (BSI) dengan Pendekatan Maslahah Mursalah Nasruddin Mohammad, Sultan Antus; Agilga, Olla Triana
Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i2.38

Abstract

Sharia banks are not a new thing in Indonesia, since the emergence of Bank Muamalat Indonesia in 1991, other banks began to pave the way in Sharia’s world. Although it has been for a long time, the Sharia bank is not as smooth as the convencional banks that have been existed. The market share is relatively small if compared with number of muslims in Indonesia. Until now, in order to strengthen sharia banking, the government has taken action by merging 3 BUMN banks, those are BRI Syariah, Mandiri Syariah, and BNI Syariah. The merger action is expected to produce good synergies, so that it can offset convencional banks even more. Large capital assets can encourage sharia banking to provide financing to the community, so it can help increase the growth of sharia economy in Indonesia. Also hoped to improve the economy of sharia in Indonesia and to penetrate the global market by bringing in more innovative and creative products from sharia that could compete globally. The methods used in this study are library research and nature of the study are descriptive analysis. The objective of the study is to analyze the amount of malshah produced by the merger. The findings of this study explain that according to the maslahah side, merger’s actions do more harm than mudharat. The problems posed in the form of increasing the sharia economic sector in Indonesia, the strength of capital owned, and can compete nationally even global.

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