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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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Tasyri'
Published by Sekolah Tinggi Agama Islam Nurul Iman
ISSN : 28099362     EISSN : 28098625     DOI : https://doi.org/10.53038/tsyr
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
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 7 Documents
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Search results for , issue "Vol. 2 No. 1 (2023): Tasyri'" : 7 Documents clear
Peran Bea Cukai dalam Penegakan Hukum terhadap Tindak Pidana Penyelundupan Bawang Merah Zubaidi, Zaiyad; Eriyanti, Nahara; Fiani, Ade Nuzul
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.45

Abstract

This paper is motivated by the rise of criminal acts of smuggling of goods and services in Indonesia. The Customs and Excise Party as a government agency has conducted supervision and inspection of imports of goods both from within and from abroad to eradicate smuggling. The Sumatra region, one of which is the Aceh region, is one of the places for committing the crime of smuggling shallot products. If this crime always occurs every year, then every year the state suffers losses. This study used qualitative research methods. The data sources for this research are field data (field research) and literature (libray research). The results showed that the role of Langsa City Customs and Excise in law enforcement against the criminal act of smuggling shallots was by conducting patrols, strengthening intelligence and community information, carrying out law enforcement, collaborating with other agencies. Many obstacles were faced by the Customs and Excise of Langsa City in enforcing the law against the crime of smuggling shallots, these obstacles were due to the country's vast geography, lack of facilities, lack of personnel, safety of officers, and lack of public awareness of law.
Kriminalisasi Homoseksual Sebagai Tindak Pidana: Studi Determinasi Moral Sebagai Hukum Pidana Sholihin, Riadhus; Rahma, Rahma; Zubaidi, Zaiyad
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.46

Abstract

This study discusses the criminalization of homosexuality as a crime. This research is motivated by cases of homosexuality which are increasingly being discussed in Indonesia until now homosexuals have the courage to demonstrate their deviations from their sexual orientation in public. This study focuses on the problem of how moral determination is in criminal law and whether homosexuality committed by adults can be used as a crime. This research method is qualitative. The results of the study show that there is a very close relationship between morals and criminal law, therefore the basis of morality in criminal law is an important issue. In determining criminal acts, the moral system must be considered. Even though there is no obligation, the morality of society must at least be paid close attention to by the state when determining an act as a crime. Based on the moral theory, the policy of criminalizing homosexual acts fulfills the criteria of criminalization, that is, the act is immoral and harmful to individuals and society. Homosexual acts committed by same-sex couples need to be made criminal acts, first: Juridical basis, based on Law Number 11 of 2012, Pancasila and several articles in the NRI Constitution and finally Article 1 paragraph (1) of the Criminal Code which regulates the principle of legality. Second: philosophical basis, it is realized that the criminalization of homosexual acts against homosexual acts committed by same-sex couples meets the general criteria for criminalization which is supported by forms of criminalization theory: moral theory, Feinberg theory and paternalism theory. Third: sociological basis, homosexual acts of the same sex as an act that is not in line with the soul, nation, the reaction of the community that rejects homosexual activity, and is not in line with the style of customary law society.
Sertifikasi Halal di Indonesia: Dari Voluntary menjadi Mandatory Priantina, Anita; Mohd Sapian, Safeza
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.48

Abstract

Although Indonesia is the country with the largest Muslim population in the world, the halal industry faces several risks related to Shariah compliance. Following the enactment of Halal Assurance Law No. 33 of 2014, halal certification has become mandatory in Indonesia. Before, halal certificate was voluntary. The objective of this study is to discuss on the development of halal governance in Indonesia covering Halal Act, related government regulations and decrees from Ministries related to halal assurance and food security. In summary, the changes in halal governance in Indonesia from time to time is to support the halal assurance in the country. Therefore, it has to include all producers, including small and micro businesses.
Transformasi Filantropi melalui Marketplace di Era Pandemi Covid-19 Khotimah, Khusnul; Bakroni, Ahmad; Puspitasari, Neneng
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.59

Abstract

In the current pandemic era, innovations related to the ziswaf payment model are urgently needed, in era 4.0 the digital role has reached all levels of society, besides that digital is also a way to reduce physical contact between individuals. Thi s research is descriptive research with a qualitative approach. This paper describes the fundraising approach in the digital era. The innovation of zakat institutions in fundraising is carried out in collaboration with marketplaces 1. Bukalapak, 2. Shope, 3. Tokopedia, 4. Lazada and 5. Blibi. The results of this study found that the five marketplaces combine business techniques with social business through philanthropy. This fusion of business commercial and social business shows the marketplace's concern for philanthropy. In the use of fundraising, each zakat institution and social institution applies different approaches, according to the characteristics of the offering model made by the marketplace.
Al Qur’an dan Wawasan Ekologi Perspektif Maqashid Syari’ah binti Abdul Rahman, Waheeda
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.71

Abstract

Natural change is a change that occurs in natural systems on Earth, both through natural processes and human intervention. The worsening global natural conditions cannot be separated from various problems ranging from garbage, tree felling, and air pollution due to industrial or transportation activities as the main cause of the environmental crisis. The basic principle of ecology is to maintain, utilize and preserve the environment for the lives of future generations. Islam through its Qur'anic verses, makes guidelines for humans how to use and maintain the environment, so that the survival of this nature will be guaranteed. The writing of this article, using qualitative methods with descriptive data analysis analysis. Primary data is obtained from verses of the Qur'an, while secondary data from various references that are related to the theme. This article finds, first, that of the many verses of the Qur'an that are assumed to be verses related to ecology, verses about the preservation of nature, far more than verses related to the use of natural resources. Second, protecting the environment (hifdz al-bi'ah) is part of hifdz al-mal, because the environment is part of the material property that becomes human wealth. Thus, caring for the environment is equivalent to preserving property, which is all part of the concept of maqashid sharia
Wasiat Wajibah bagi Ahli Waris Non-Muslim di Indonesia Perspektif Najmuddin At-Thufi Aziz, Abdul; Maksum, Ghufron; Ali Asyari , Nadzif; Huda , Nurul
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.72

Abstract

This article attempts to uncover, explore, and explain that the obligatory will for non-Muslim heirs is a contemporary issue that is not found in the texts of the Qur'an and Hadith. Departing from the dualism of the view that an ikhtiariyah will is a will given voluntarily and an obligatory will, namely a will that is obligatory in accordance with the law, the researcher wants to describe the Compulsory Will for Non-Muslim Heirs in Indonesia Through the Concept of Maslahah Mursalah Najmuddin At-Thufi. The method in this research is included in the category of library research in which the data and data sources of the researchers are obtained from various literatures (books, journals, internet, and other relevant data sources). This research proves that the obligatory will for non-Muslim heirs has a positive and equitable impact on family heirs. In addition to providing a sense of justice, obligatory wills to non-Muslim heirs through Supreme Court decisions have also filled the legal void in Indonesia
Kekerasan Dalam Rumah Tangga (KDRT) dalam Pernikahan Dini Perspektif Teori Maqashid Syari’ah Mutakin, Ali; Mustafa, Fitri; Khaeruddin, Khaeruddin; Al Falah, Dzia
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.74

Abstract

The concrete age restriction for marriage has been regulated in Law No. 1 of 1974, which was later revised into Law No. 16 of 2019. The law states that marriage will be permitted if both the bride and groom have reached the minimum age of 19. This restriction certainly has a strong philosophical basis ranging from juridical basis to issues of reproductive health and mental readiness (maturity). This  research is a qualitative research with   a statutory approach (statute approach) and a conceptual approach.  Data is obtained through library research, both primary and secondary data sources.  This study concluded that, domestic violence that occurs as a result of marriage carried out by both spouses of the bride and groom where one or both are not old enough as stipulated at 19 years, has a serious impact both on the continuity of the household and others. Maqashid shari'ah whose basis is benefit, either in order to realize the welfare itself or to reject the evil, in order to see the phenomenon of domestic violence that occurs in marriage at an early age. Daf'u al-Dlarar in order to reject domestic violence has at least a significant role to play in resolving such phenomena.

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