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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 25 Documents
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Search results for , issue "Vol. 4 No. 2 (2025): Tasyri'" : 25 Documents clear
Keadilan Substantif dalam Sengketa Agraria: Analisis Putusan Sleman dari Perspektif Maqāṣid al-Sharī‘ah Toruan, Daniel Natanael Lumban; Djaja, Benny
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.v4i2.318

Abstract

This article examines the issue of buying and selling land under the hand that creates tension between formal legality and substantive justice in agrarian justice practice, with a focus on Decision Number 291/Pdt.G/2021/PN.Smn in Berbah District, Sleman. The practice of buying and selling land without involving the Land Deed Making Officer (PPAT) and without registration at the Land Office is contrary to Article 37 paragraph (1) of Government Regulation Number 24 of 1997, so that legally positive cannot be used as a basis for the transfer of rights. This research uses a juridical-normative approach with a critical analysis of agrarian law norms, civil law rules, and maqāṣid al-sharī'ah—especially ḥifẓ al-māl (protection of property) and substantive justice (al-'adālah al-jawwāniyyah). The results of the study show that the panel of judges in the decision applied legal logic that is not only textual-formal, but also responsive to social realities and the good faith of the parties. This reflects an integrative effort in bridging normative law and the values of justice in society through the maqāṣid approach. This article emphasizes the urgency of reforming the understanding of public law and the need to reposition the role of the state in ensuring substantive justice in agrarian disputes involving small people.
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.
Kajian Fikih terhadap Praktek Gadai Emas di Pegadaian Syariah Sumbawa Perspektif Hukum Islam Irawan, Feri; Addi Pratama, Muhammad; Mawarni, Iga; Adekantari, Sasmita
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.v4i2.202

Abstract

This study aims to examine the practice of gold pawning in Sharia Pawnshops in Sumbawa Regency from the perspective of Islamic law. Gold pawning is a form of sharia-based financing service that is in great demand by the public. However, the implementation of this service contains a number of aspects of fiqhiyyah that need to be studied in depth, especially related to the validity of the contract, the clarity of costs, and the application of the principle of justice in accordance with sharia provisions. This research uses a qualitative approach with a descriptive-analytical method. Data was obtained through in-depth interviews with Sharia Pawnbrokers and customers, as well as literature studies on fiqh literature and regulations related to sharia pawns. The results of the study show that in general, the Sharia Pawnshop of Sumbawa Regency has implemented two types of contracts in accordance with sharia principles, namely the rahn (pawn) and ijarah (rent) contracts. However, there are still several obstacles in the field, such as the lack of public understanding of the contract mechanism used, and the lack of transparency in the imposition of administrative fees, which has the potential to cause doubts (syubhat). Based on fiqh analysis, the practice of gold pawning at Sumbawa Sharia Pawnshops can be categorized in accordance with the principles of Islamic law as long as it avoids the elements of riba and gharar, and upholds the principles of openness and justice. This study recommends increasing Islamic financial literacy for the community and strengthening information transparency by Pegadaian so that this service is more optimal and in line with Islamic legal values.
Hak Reproduksi Perempuan dalam Islam: Telaah Normatif Dan Dampak Psikologis Pengabaian Winarni, Winarni; Wardatun, Atun; Purnamasari , Teti Indrawati
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.v4i2.209

Abstract

Women's reproductive rights are an inseparable part of human rights, firmly guaranteed within Islamic teachings. This article aims to examine the normative foundations of women’s reproductive rights in Islam and to analyze the psychological consequences of neglecting these rights within marital life. This study employs a normative and descriptive-qualitative approach based on library research, drawing from classical and contemporary Islamic legal sources as well as relevant psychological literature. The findings show that Islam offers comprehensive protection for women's reproductive roles. Four fundamental rights are emphasized: the right to choose a life partner, the right to enjoy dignified and healthy sexual relations, the right to make conscious and responsible decisions regarding pregnancy, and the right to raise and care for children in a supportive environment. When these rights are denied—either by the spouse or societal structures—women become vulnerable to serious psychological pressures, including chronic stress, depression, loss of self-worth, and in many cases, divorce as a form of resistance against injustice. Promoting awareness and respect for women’s reproductive rights is essential as part of safeguarding the objectives of Islamic law (maqāṣid al-sharī‘ah), especially the protection of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl). This article recommends gender-based education and spiritual approaches to foster mentally healthy, just, and harmonious family life.
Konvergensi Hukum Islam dan Undang-Undang Perlindungan Anak dalam Perkawinan Anak di Indramayu Fikri, Arif; Burhanuddin, Ahmad; Santoso, Rudi; Ismail, Habib
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.v4i2.211

Abstract

The practice of child marriage in Indramayu Regency remains a complex social issue, despite various efforts being made to address it. This study aims to analyze the convergence between Islamic Law and the Child Protection Law in handling child marriage cases in the region, as well as to identify the factors that influence the success or failure of the implementation of both legal systems in protecting children's rights. The method used is qualitative research with a case study approach, where data is obtained through in-depth interviews with relevant informants, field observations, and document and secondary data analysis. The research findings show that although Islamic Law allows child marriage under certain conditions, the Child Protection Law explicitly prohibits it to safeguard children's rights. However, the implementation of both legal systems is often hindered by social, cultural, and economic factors, such as poverty, arranged marriages, and the mental and physical unpreparedness of children for marriage. The synergy between the two in the local context has not been fully optimized, although there have been efforts to strengthen policies from the local government, including the enhancement of education and supervision. Therefore, this study recommends the need to strengthen policies, raise public awareness, and foster synergy between the government, legal institutions, and civil society organizations to prevent child marriage practices and protect children's rights in Indramayu Regency.
Hak Asasi Manusia dalam Dua Lensa: Komparasi Filosofis dan Prinsip Antara Perspektif Internasional dan Islam elkarimah, Mia Fitriah
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.v4i2.223

Abstract

This study explores the philosophical foundations, principles, and  comparisons of human rights from an international perspective (Universal Declaration of Human Rights/UDHR) and Islam (sourced from Medina Charter, and Cairo Declaration). Through literature review and descriptive-comparative analysis , it was found that although both perspectives acknowledge the inherent dignity of humans and basic rights, there are fundamental differences in the sources (natural dignity vs. divine revelation) and limitations of rights (e.g., related to freedom of religion and expression). Historically, both Western and Islamic traditions have developed frameworks for the protection of rights, with the Medina Charter as an early progressive document in the context of pluralism. The dynamics of modern human rights enforcement reveal a paradox between universalism and cultural relativism. However, through dialogue and harmonization—particularly through flexible reinterpretation of Islamic concepts such as ijtihad—it is possible to bridge these differences. This study concludes that the recognition and implementation of human rights can be strengthened globally and in the Islamic world, encouraging cross-cultural cooperation for equitable and sustainable social development.
Aspek Maslahah dalam Praktik Poligami Perspektif Maqasid al-Syari’ah dan Regulasi Hukum Keluarga Islam di Indonesia Hikmah, Nisrina Durratul; Muhasim, H. Ahmad
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.v4i2.225

Abstract

Polygamy is one of the important issues in Islamic family law that continues to be debated in various circles, both at the academic, social and political levels. In practice, many individuals are unable to fulfill the requirements of justice as stipulated in the Qur'an, so the practice of polygamy often results in negative impacts such as social inequality, gender injustice, and domestic conflict. This article aims to identify aspects of maṣlaḥah in the practice of polygamy from the perspective of maqaṣid al-syari'ah and legal regulations in Indonesia. Using a literature study approach, it is found that polygamy can provide maslahat in the context of protecting women, preserving offspring, social justice, and solving individual problems. However, the achievement of maslahat is highly dependent on the implementation of the principles of justice and responsibility. National regulations such as Law No. 1/1974 and KHI are important normative tools in ensuring the practice of polygamy in accordance with sharia values and the objectives of Islamic family law.
Perlindungan Hak Nafkah Anak dari Perkawinan Siri: Kajian Itsbat Nikah Dalam Perspektif Hukum Islam Dan Keadilan Warisni, Rinrin; Heniarti, Dini Dewi; Nurhasanah, Neneng
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.v4i2.284

Abstract

The increasing prevalence of unregistered (siri) marriages in Indonesia has raised serious social concerns and legal challenges, particularly regarding the protection of children's rights. Children born from siri marriages are often deprived of their legal entitlements, especially the right to financial support (nafaqah), due to the absence of official marriage registration that provides legal certainty. This study aims to analyze the role of itsbat nikah (marriage validation) as a legal mechanism to guarantee the child’s right to maintenance in the context of siri marriages. Using a normative juridical approach and library research method, the study draws from national regulations—such as Law No. 1 of 1974 and the Compilation of Islamic Law (KHI)—as well as Islamic legal doctrines and the framework of maqāṣid al-sharī‘ah. The findings reveal that the lack of legal documentation places children in a vulnerable and discriminatory position, especially in accessing their rights. Marriage registration is a crucial step toward ensuring justice and legal protection for children. Within the Islamic legal perspective, safeguarding children's welfare aligns with the objective of preserving lineage (ḥifẓ al-nasl) and promoting family well-being. Itsbat nikah services are thus viewed as a strategic state policy that addresses the legal gaps arising from unregistered marriages. This study recommends strengthening the accessibility, affordability, and efficiency of itsbat nikah procedures as a tangible form of state responsibility in securing justice for children and upholding the protective function of the law.
Protection and Status of Children Born Outside of Marriage: A Fiqh Perspective Of Indonesia And Brunei Darussalam Khairuddin, Khairuddin; Rini, Etika; Purwaningsih, Titin; Sugianto, Heri; Ismail, Habib; Lubis, Rahmad
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.v4i2.320

Abstract

This study discusses the problem of protection and the position of children out of wedlock in Indonesia and Brunei Darussalam, especially in the context of differences and similarities in legal policies between the two countries based on the perspective of Islamic jurisprudence. Children out of wedlock often face serious legal and social challenges, such as limited recognition of biological fathers, inheritance rights, and inherent social stigma. This research uses a qualitative approach with the library research method. Data was collected from a variety of relevant secondary sources, including scientific journals, law and jurisprudence books, as well as official documents such as national laws and regulations and Constitutional Court rulings in Indonesia. The analysis was carried out comparatively by examining the policy of protection of children out of wedlock in Indonesia and Brunei Darussalam from the perspective of positive law and Islamic jurisprudence. The results of the study show that Indonesia has adopted a relatively more inclusive policy in providing protection for the rights of children out of wedlock through legislative reforms and Constitutional Court rulings. However, its implementation is still hampered by social factors such as societal stigma and low legal awareness. Meanwhile, Brunei Darussalam, which strictly applies Sharia law, shows a tendency towards more limited protection, especially related to the recognition of inheritance rights and the civil status of children out of wedlock. This article concludes that the differences in legal approaches in the two countries reflect the dynamics of Islamic jurisprudence interpretation in the context of modern countries. Both Indonesia and Brunei need to improve public legal literacy and make efforts to reduce social stigma to ensure more effective and equitable protection for children out of wedlock.
Implementasi Peraturan Bupati Padang Lawas Utara Nomor 24 Tahun 2023 dalam Penyelenggaraan Pilkades Perspektif Siyasah Dusturiyah : Studi Kasus Desa Ujung Batu Jae Kecamatan Ujung Batu) Harahap, Fitriani; Harahap, Mhd. Yadi
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.v4i2.349

Abstract

The election of the Village Head (Pilkades) is a tangible form of democracy at the local level which should ideally be carried out honestly, fairly, and transparently. However, in its implementation, there are still many irregularities that hurt these democratic values. One of the crucial problems is the occurrence of fraud in the nomination stage of the village head. This study highlights the implementation of the North Padang Lawas Regent Regulation Number 24 of 2023 concerning Guidelines for the Implementation of the Regional Elections, especially in overcoming fraud that occurs in Ujung Batu Jae Village, Ujung Batu District, North Padang Lawas Regency. The fraud that occurs includes the practice of partisanship, injustice, nepotism, and collusion by the election committee, which is contrary to Article 11 paragraph (6) of the Perbup which requires the committee to be independent and impartial. This study uses an empirical legal approach with two analysis methods, namely the statute approach and the case study approach. Data were collected through primary sources (interviews, field observations) and secondary sources (legal documents and Islamic literature). The location of the study was centered in Ujung Batu Jae Village as a representation of cases of violation of regulations in the Pilkades. The research results show that the implementation of this Regent's Regulation has not been optimal. Of the 108 villages scheduled to hold simultaneous village head elections in North Padang Lawas Regency, 105 have completed the stages optimally. However, there are several villages, including Ujung Batu Jae Village, that have experienced serious obstacles due to strong indications of fraud at the nomination stage. The fraud found included the disenfranchisement of certain candidates, administrative manipulation, and the influence of kinship relationships in the committee structure. From the point of view of Siyasah Dusturiyah as part of the fiqh siyasah, violations of the basic principles of Islamic constitutionality were found, namely: 1) Amanah (al-amanah): The committee does not carry out its duties with full responsibility and neutrality. 2) Justice (al-'adl): Certain candidates are treated unequally, which harms the principles of public justice. 3) Public interest (al-maslahah al-'ammah): This fraud has a negative impact on social stability and creates conflicts in society.

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