cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ali Mutakin
Contact Email
nabilamandor@gmail.com
Phone
+6282210693647
Journal Mail Official
jurnaltasyri896@gmail.com
Editorial Address
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
Location
Kota bogor,
Jawa barat
INDONESIA
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 14 Documents
 1   2 
Search results for , issue "Vol. 3 No. 2 (2024): Tasyri'" : 14 Documents clear
Dialektika Komunikasi Penegak Hukum Muslim dalam Proses Persidangan di Jakarta Selatan Pambayun, Ellys Lestari Pambayun; Syafaat, Ahmad Syafaat M.; Al Ghifari, Hanif; Nafsih, RT Kameliana; Yuliana, Yuliana
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.108

Abstract

In law enforcement, beetwen advocates, prosecutors, judges and police often do not find justice because of inappropriate communication or relational dialectical patterns. In fact, law and communication have a very significant relationship in upholding justice for society. This study approach uses communication dialectics and an Islamic perspective, while the research method takes case studies through in-depth interviews with Muslim advocates, prosecutors, judges and police around South Jakarta with field observations, both in trials at the South Jakarta District Court office and the sources' offices. The results of the research show that dialectically communication through elements of totality, movement, contradiction and praxis of law enforcers: advocates, judges, prosecutors and Muslim police are trying to apply an Islamic approach in upholding justice for society. Because by prioritizing religion, in enforcing the law through good communication, they directly and indirectly feel that good and conducive relations are often created in the courtroom, even though contradictions and controversies often occur. By communicating totally and only hoping for Allah's approval, it will create a positive effect or good influence on the trial. So, the dialectic of good communication in legal practice will give rise to fair law enforcement.
Penjatuhan Hukuman bagi Pelaku Liwath dalam Putusan Hakim Mahkamah Syar`Iyah Raumizah, Raumizah; Zubaidi , Zaiyad; Umur, Azmil
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.114

Abstract

Liwath (homosexuality) is an act associated with the Prophet Luth, in which a person has an emotional, romantic, sexual, or same-sex affection. In Aceh Province, this practice is regulated by Qanun Aceh Number 6 of 2014 concerning Qanun Jinayat, which stipulates a penalty of 100 lashes for liwath offenders. However, in the decision of the Banda Aceh City Syar'iyah Court regarding the liwath case No. 4/JN/2021/MS. Bna, the punishment imposed was only 80 luggings, in contrast to what is stated in the qanun. This study discusses three main issues: the occurrence of the liwath case in the decision, the judge's consideration in imposing the verdict, and the review of Islamic criminal law on this case. The research uses a normative juridical approach and found that the judge commuted the defendant's sentence because the defendant was polite, had never been convicted before, and promised not to repeat his actions.
Upaya Penyelesaian Pernikahan Beda Agama: Analisis Istidlal Fakhruddin ar-Razi Dalam Kitab al-Mahshul Fi Ilmi Ushul Muhtolib, Muhtolib; Muhsin, Muhsin
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.134

Abstract

Interfaith marriage is a classic problem that is always interesting to discuss because the legal products found in this problem are contradictory. The purpose of writing this article is to describe the method of tafsir ahkam Fakhr al-Din Ar-Razi in al-Mahshul Fi Ilmi Ushul al-Fiqh, to solve the problem of interfaith marriage by using the istidlal method. The approach used in this writing is a descriptive analysis approach, which is an approach used to collect data and information with various materials found in libraries, such as books and articles. The conclusion of this article shows that the effort to solve religious marriage when viewed with istidlal fakhruddin ar-Razi in the book al-Mahshul fi Ilm al-Ushul by using the concept of permissible and the concept of Takhsis al-Maqtu bi Al-Maqtu' (Takhsis dalil qath'i with dalil qath'i) between QS. al-Baqarah [2]: 221 ditakhsis with QS. al-Maidah[5]: 5, then it is permissible on condition that he is an Ahl Kitab. As for Ahl Kitab in the disclosure of the Qur'an da, Jews and Christians as the obvious Ahl al-Kitab. But those who mention other religious groups, namely the Magi and Shabi'in, let alone Buddhists, Hindus and Khong Hucu are not part of Ahl al Kitab, or do not belong to the Ahl al-Kitab community at all,
Konsep Maslahah al-Juwaini dalam Kitab al-Burhan fi Ushul al-Fiqh pada Penyelesaian Kasus Bayi Tabung Sugian, Arif
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.135

Abstract

This research applies qualitative research methods with a focus on literature analysis, which allows in-depth exploration of various sources that discuss the topic of IVF according to al-Juwaini's views. The data collected is then systematically analyzed to gain a deeper understanding of the subject of this research. Within the framework of al-Juwaini's concept of maslahah in Al-Burhan fi Ushul Fiqh, the use of IVF with the use of sperm and ovum from a married couple is permitted due to the urgent need in the context of marriage. However, when it involves the utilization of another woman's womb to transfer embryos, ethical and legal issues arise such as the unclear status of offspring in terms of nasab, inheritance, and the psychological impact on all parties involved. Therefore, the use of IVF by taking sperm or ovum from a donor and implanting the embryo into another woman's womb is condemned as haram in the perspective of Islamic law.
Ketidakpuasan dalam Hubungan Biologis menjadi Alasan Poligami di Kabupaten Purbalingga: Studi Analisis Putusan Perkara No.2126/Pdt.G/2021/PA.Pbg Marwati, Lusi; Mutakin , Ali; Isyanto, Nur
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.136

Abstract

Licensing for polygamy is the granting of rights by the Religious Courts to someone to marry more than one wife. As for efforts to implement a polygamy permit, it must comply with the applicable terms and conditions, as stated in Article 4 paragraph (2) and Article 5 paragraph (1). This article aims to analyze the provisions of the decision No. 2126/Pdt.G/2021/PA. Pbg, regarding polygamy licensing. The type of research used is a normative legal research model. The primary data source used is a copy of the decision No. 2126/Pdt.G/2021/PA. Pbg, while secondary data is in the form of books, journals, and interviews. The data analysis technique uses descriptive analysis, where the data obtained is described and then analyzed. The findings of this article are several considerations that are used as a reference for judges in making decisions no. 2126/Pdt.G/2021/PA. Pbg, namely: 1) Based on Article 4 paragraph (2), Article 5 paragraph (1), and law number 1 of 1974. 2) Based on written and oral evidence from the respondent and the statements of the two witnesses. 3) Based on benefit considerations
Pengaruh Motif Khulu’ Terhadap ’Iwadh Perspektif Kompilasi Hukum Islam (KHI) dan Fikih Madzhab Aminudin, Sugeng
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.137

Abstract

This study discusses the influence of the khulu' motif on 'Iwadh in the perspective of the Compilation of Islamic Law (KHI) and madzhab fiqh. This study uses a literature method with a descriptive-historical approach, this study makes a comparison between the two perspectives. The findings show that the KHI does not distinguish between ordinary divorce and khulu' as applicable in Islamic law. KHI only regulates the khulu' ordinance without considering motives as the basis for determining 'Iwadh. On the other hand, madzhab fiqh expressly links the khulu' motive with ransom, such as khulu' without cause, because of the husband's tyranny, or because the husband troubles his wife. This affects the validity or not of khulu' and the halal or haram of 'Iwadh. From a legal point of view, Article 124 of the KHI states that khulu' must be based on the grounds of divorce according to Article 116, which can cause injustice to the wife if she still has to pay 'Iwadh to the husband who wronged her. In addition, Article 148 paragraph 6 of the KHI allows religious courts to decide the amount of the ransom if there is no agreement between the husband and wife, which can lead to injustice, especially if the husband is innocent.
Isbat Nikah dalam Legalitas Hukum Islam dan Perdata di Indonesia Perspektif Maslahah Mursalah Aziz, Abdul; Maksum, Ghufron; Nugraha, Iqbal Subhan
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.141

Abstract

Marriage validation is a crucial legal mechanism in Indonesia, especially for marriages that are not officially registered. This study explores marriage validation from the perspective of Maslahah mursalah, a principle in Islamic law emphasizing public interest and welfare. Maslahah mursalah serves to bridge legal gaps when the texts of Sharia law do not explicitly address specific situations, such as marriages that are religiously valid but unregistered. Within the framework of Indonesian civil law, marriage validation, which involves submitting a petition to the religious court, enables the formal recognition of marriages to ensure the protection of family rights, such as inheritance and alimony. The application of maslahah mursalah in marriage validation contributes to social justice by providing decisions that consider practical community needs and contemporary conditions. This research demonstrates how this principle can be integrated into positive law to address new challenges in family law enforcement, ensuring that legal decisions align with principles of justice and public welfare. Thus, marriage validation from the perspective of maslahah mursalah acts as a bridge between Sharia law and the realities of civil law in Indonesia.
Dialektika Komunikasi Penegak Hukum Muslim dalam Proses Persidangan di Jakarta Selatan Pambayun, Ellys Lestari Pambayun; Syafaat, Ahmad Syafaat M.; Al Ghifari, Hanif; Nafsih, RT Kameliana; Yuliana, Yuliana
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.108

Abstract

In law enforcement, beetwen advocates, prosecutors, judges and police often do not find justice because of inappropriate communication or relational dialectical patterns. In fact, law and communication have a very significant relationship in upholding justice for society. This study approach uses communication dialectics and an Islamic perspective, while the research method takes case studies through in-depth interviews with Muslim advocates, prosecutors, judges and police around South Jakarta with field observations, both in trials at the South Jakarta District Court office and the sources' offices. The results of the research show that dialectically communication through elements of totality, movement, contradiction and praxis of law enforcers: advocates, judges, prosecutors and Muslim police are trying to apply an Islamic approach in upholding justice for society. Because by prioritizing religion, in enforcing the law through good communication, they directly and indirectly feel that good and conducive relations are often created in the courtroom, even though contradictions and controversies often occur. By communicating totally and only hoping for Allah's approval, it will create a positive effect or good influence on the trial. So, the dialectic of good communication in legal practice will give rise to fair law enforcement.
Penjatuhan Hukuman bagi Pelaku Liwath dalam Putusan Hakim Mahkamah Syar`Iyah Raumizah, Raumizah; Zubaidi , Zaiyad; Umur, Azmil
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.114

Abstract

Liwath (homosexuality) is an act associated with the Prophet Luth, in which a person has an emotional, romantic, sexual, or same-sex affection. In Aceh Province, this practice is regulated by Qanun Aceh Number 6 of 2014 concerning Qanun Jinayat, which stipulates a penalty of 100 lashes for liwath offenders. However, in the decision of the Banda Aceh City Syar'iyah Court regarding the liwath case No. 4/JN/2021/MS. Bna, the punishment imposed was only 80 luggings, in contrast to what is stated in the qanun. This study discusses three main issues: the occurrence of the liwath case in the decision, the judge's consideration in imposing the verdict, and the review of Islamic criminal law on this case. The research uses a normative juridical approach and found that the judge commuted the defendant's sentence because the defendant was polite, had never been convicted before, and promised not to repeat his actions.
Upaya Penyelesaian Pernikahan Beda Agama: Analisis Istidlal Fakhruddin ar-Razi Dalam Kitab al-Mahshul Fi Ilmi Ushul Muhtolib, Muhtolib; Muhsin, Muhsin
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.134

Abstract

Interfaith marriage is a classic problem that is always interesting to discuss because the legal products found in this problem are contradictory. The purpose of writing this article is to describe the method of tafsir ahkam Fakhr al-Din Ar-Razi in al-Mahshul Fi Ilmi Ushul al-Fiqh, to solve the problem of interfaith marriage by using the istidlal method. The approach used in this writing is a descriptive analysis approach, which is an approach used to collect data and information with various materials found in libraries, such as books and articles. The conclusion of this article shows that the effort to solve religious marriage when viewed with istidlal fakhruddin ar-Razi in the book al-Mahshul fi Ilm al-Ushul by using the concept of permissible and the concept of Takhsis al-Maqtu bi Al-Maqtu' (Takhsis dalil qath'i with dalil qath'i) between QS. al-Baqarah [2]: 221 ditakhsis with QS. al-Maidah[5]: 5, then it is permissible on condition that he is an Ahl Kitab. As for Ahl Kitab in the disclosure of the Qur'an da, Jews and Christians as the obvious Ahl al-Kitab. But those who mention other religious groups, namely the Magi and Shabi'in, let alone Buddhists, Hindus and Khong Hucu are not part of Ahl al Kitab, or do not belong to the Ahl al-Kitab community at all,

Page 1 of 2 | Total Record : 14

 1   2 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 5 No. 1 (2026): Tasyri' Vol. 4 No. 2 (2025): Tasyri' Vol. 4 No. 1 (2025): Tasyri' Vol. 3 No. 2 (2024): Tasyri' Vol. 3 No. 1 (2024): Tasyri' Vol. 2 No. 2 (2023): Tasyri' Vol. 2 No. 1 (2023): Tasyri' Vol. 1 No. 2 (2022): Tasyri' Vol. 1 No. 1 (2022): Tasyri'