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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 16 Documents
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Search results for , issue "Vol. 5 No. 1 (2026): Tasyri'" : 16 Documents clear
Maslahah Analysis on Early Marriage of Broken Home Women: Case Study In Gubuk Sukun, West Tanak Beak Village muttaqien, Imamal; Wadi, Lalu Tambeh
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.299

Abstract

Marriage is a sacred bond between a man and a woman with the purpose of forming a family that is sakinah, mawaddah, and rahmah, as explained in Surah Ar-Rum verse 21. However, the phenomenon of early marriage remains prevalent, especially among girls from broken homes who are driven by various factors such as family instability, economic hardship, and social pressure. This study examines early marriage among girls from broken homes in Dusun Gubuk Sukun, Tanak Beak Barat, using a case study approach and the analysis of maslahah mursalah. Data were collected through interviews and documentation involving those who had early marriages and their families. The findings indicate that although underage marriage is not legally recognized by the state, from the perspective of maslahah mursalah, such marriages may bring benefits to girls from broken homes. This research highlights the importance of a contextual approach in understanding the practice of early marriage, as well as the need for synergy between religious values, state law, and the social realities of the community.
Risk Mitigation in Zakat Fundraising through Baznas Gozakat Fitriana, Fitriana; Thayib, Thayib
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.308

Abstract

The digital transformation of zakat fundraising through the GoZakat platform managed by BAZNAS provides convenience while also introducing challenges in the form of digital risks. This study aims to identify the types of risks in online zakat collection and analyze the mitigation strategies adopted by BAZNAS. Using a qualitative approach and case study method, data were collected through, document analysis, and platform observation. The findings reveal that major risks include data security, technical disruptions, and low digital literacy among users. To address these issues, BAZNAS implements mitigation strategies such as enhancing system security, conducting public education, and collaborating with external stakeholders. These findings highlight the importance of digital risk management in maintaining public trust and ensuring the sustainability of technology-based zakat systems.
The Practice of Londo Iha in Kandai Ii Village, Balibunga Neighborhood: A Study on Marriage That Is Contrary to Islamic Law Mentari, Dwi Radha Putri
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.325

Abstract

Elopement Marriage (Londo Iha) in the Customs of the Mbojo and Dompu Tribes, West Nusa Tenggara, is a form of marriage that is not based on parental approval but rather on the will of both parties involved. The proposal and/or consent for the marriage between the two parties occur after the elopement, because the elopement happens due to refusal or unwillingness to propose, rejection of the proposal, disapproval from the parents, feeling disadvantaged, or having certain intentions. The research problems in this study are: First, what factors underlie the practice of londo iha marriage in Kandai Dua Village, Balibunga Environment? Second, what is the Islamic legal perspective on the practice of londo iha marriage? The research approach used in this journal is a literature study.The research results show that: Motives for Elopement Marriage: The majority of couples engage in elopement due to family rejection, social status differences, or strict customary procedures. Some also do it out of strong love and the desire to marry immediately. Social Impact: Elopement causes tension within families and communities but also opens up space for renegotiating customary norms. In some cases, couples who elope eventually receive recognition and acceptance from their families. Community Views: Traditional societies still consider elopement controversial and contrary to customary rules, but there is a growing tendency to accept social change.The discussion indicates that elopement is a form of social resistance as well as an adaptation to changing values and social structures.
Sacrificial Worship in The Perspective of Islamic Law and The Challenges of Animal Rights and Veganism Pradana, Muhammad Riezky; AlMubaroq, Misbakhul Munir
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.343

Abstract

The practice of Qurban is a fundamental part of Islamic teachings, carrying both spiritual and social values. Spiritually, it reflects submission to Allah SWT, while socially, it promotes care and generosity toward the less fortunate. Conducted annually during Eid al-Adha, Qurban has been practiced since the time of Prophet Ibrahim AS and holds a significant place in Muslim communities. However, in contemporary discourse, this ritual has faced criticism, particularly from animal rights activists and vegan advocates who see animal slaughter as exploitation and cruelty toward sentient beings. This raises questions about whether Islamic traditions align with modern principles of animal welfare. This article explores Qurban from the perspective of Islamic law and examines how Islamic teachings respond to the ideological challenges posed by animal rights and veganism. Using a normative approach and library research method, it analyzes Qur’anic texts, Hadith, classical and modern Islamic jurisprudence, and fatwas. The findings show that Islam upholds strong ethical guidelines in animal treatment, emphasizing ihsan (compassion), requiring that animals be slaughtered with kindness and proper procedure. Thus, when conducted ethically, Qurban aligns with animal welfare principles. The study encourages constructive dialogue between religious values and modern ethics in a multicultural society.
From Patriarchy to Heteroarchy in Islamic Family Law: Conceptualization of Equal Partnerships Between Husband and Wife Hurnawijaya, Hurnawijaya; Muhtolib, Muhtolib
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.348

Abstract

The relationship between men and women in Islamic family law has often been understood through a patriarchal framework that positions men as the dominant party in the family structure. This understanding often gives rise to legal and social practices that have the potential to obscure the principles of justice and partnership that are the fundamental spirit of Islamic teachings. This article aims to analyze and reconstruct the husband-wife relationship in Islamic family law through a heterarchical approach, as an alternative to the patriarchal paradigm. This research uses qualitative methods with a normative-conceptual approach, through an analysis of classical and contemporary Islamic legal sources, as well as a literature review on gender relations theory. The results of the study indicate that the concept of heterarchy—which emphasizes non-hierarchical and complementary relationships—is consistent with the basic principles of Islamic family law, such as justice ('adl), partnership (musyārakah), and mutual protection (wilāyah mutabādilah). This article argues that the husband-wife relationship in Islam is not superior-inferior, but rather functional and contextual, depending on the capabilities and agreements of each party. Thus, the heterarchical approach can be a relevant conceptual framework in efforts to reform Islamic family law to make it more responsive to contemporary social dynamics without relinquishing its normative foundation.
Effective Communication in Muslim Families: A Solutive Study on Syiqaq Conflict in an Islamic Perspective Algifari, Abidar; Hikmatullah, Hikmatullah
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.376

Abstract

Conflicts in the family (syiqaq) are often triggered by poor communication patterns between family members. Ineffective communication leads to misunderstandings, emotional tension, and household disintegration. In fact, communication in the family ideally takes place reciprocated, both from parent to child, from child to parent, and between siblings. One of the communication patterns that is still common in families is stimulus-response communication, but this model is not enough to build true emotional closeness. This research is a qualitative research with a library research approach. Primary data is obtained from books on family communication, while secondary data comes from scientific articles, journals, and documents related to communication in an Islamic perspective. The analysis was carried out in a descriptive-qualitative manner with a normative approach. The results show that interactional communication patterns, where both parties are active and creative in conveying and interpreting messages, tend to create more dynamic and communicative relationships. From an Islamic perspective, communication values such as qawlan karima, qawlan layyina, and qawlan sadida are important foundations in creating ethical, empathetic, and effective communication. It can be concluded that communication built on Islamic principles is not only able to prevent syiqaq, but also becomes the main foundation in forming harmonious and sustainable family resilience.
Significant Decline in Child Marriage Rates in Indonesia By 2025: The Central Role of Guidance for School-Age Youth Following Law No. 16 Of 2019 Nafhani, Ahmad; Maulida, Yulianiva; Aulia Raden , Andi Nur Fikriana; Septiana, Yunita Dewi; Fithrian Luthfan, Gusti Fadhil
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.383

Abstract

By 2025, Indonesia will have achieved a monumental milestone in child protection efforts with a significant decline in national child marriage rates. This success is the result of the strategic implementation of Law No. 16 of 2019, which sets the minimum marriage age at 19 years for both men and women. This study highlights how this decline was not only driven by regulatory changes but was critically accelerated by the effectiveness of the School-Age Youth Guidance Program (BRUS), which was widely promoted. This guidance method has become the primary tool in translating the mandate of the law into behavioral and social norm changes at the grassroots level. Through a structured psychoeducational approach within the school environment, the BRUS program has successfully increased adolescents' awareness of the negative impacts of child marriage on reproductive health, economic potential, and educational continuity. Additionally, this guidance equips adolescents with life skills, resilience, and the ability to make responsible decisions. Collaboration between educational institutions, local governments, and civil society organizations in implementing BRUS ensures broad reach and content relevant to the local context. As a result, there has been a paradigm shift among adolescents, parents, and community leaders, who now view delaying marriage age as an important investment for the future of the next generation. The drastic decline in child marriage rates by 2025 is clear evidence that the combination of progressive legal reforms and targeted educational interventions is key to ending the practice of child marriage in Indonesia.
Consent of The Bride and Groom from A Gender Perspective: Comparative Study of The Books of Kanz Al-Ragibin and Al-Mar'ah Fi Al-Hadarah Al-Islamiyyah Amin, Muhammad Fikri Amin; Mesraini, Mesraini; Dahlan, Abdurrahman
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.391

Abstract

The consent of the bride and groom is one of the issues still being discussed in Shafi'i fiqh. This study examines the issue of spousal consent in two books from different eras. The book Kanz al-Ragibin is a classical Shafi'i fiqh text written by al-Mahalli, while the book Al-Mar'ah fi al-Hadarah al-Islamiyyah is a contemporary Shafi'i text written by Ali Jum'ah. This research method is qualitative in nature, using a gender approach, with the selected perspective being Islamic Gender. Data collection techniques involve interviews and documentation studies. The results of this study indicate that, according to al-Mahalli, the consent of the bride and groom is not a valid requirement for marriage, whereas according to Ali Jum’ah, the consent of the bride and groom is a requirement that must be considered in marriage. This difference stems from the existence of the right of ijbar. The right of ijbar existed and was implemented during al-Mahalli’s time, whereas during Ali Jum’ah’s time, it was not widely implemented. Nevertheless, both share the same legal principle that a father will protect his child. Al-Mahalli uses the concept of mafhûm al-mukhâlafah in the hadith “al-tsayyib ahaqqu bi nafsihâ min waliyyihâ,” while Ali Jum’ah uses a textual understanding (mantûq) of the hadith. Additionally, during Al-Mahalli's time, women tended to be socially passive in public, often staying at home without interacting with any men. In contrast, during Ali Jum'ah's time, women had more freedom in public spaces. They achieved legal equality in almost all aspects. When viewed from a gender perspective, the opinions of al-Mahalli and Ali Jum’ah align with the concepts of justice and gender equality of their respective eras. This study also indicates that Ali Jum’ah’s perspective on the consent of both spouses reflects a progressive legal approach that is appropriate as a reference and guideline for contemporary marriage.
Polygamy as a Social Anomaly: Muhammad Shahrur's Progressive Interpretation of Quranic Family Law Lufaefi, Lufaefi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.394

Abstract

Polygamy is one of the central themes in Islamic studies that has continuously sparked debate, both within the realm of Qur’anic exegesis and in social discourse. In classical tafsir tradition, polygamy is understood as a permissible practice regulated by the Sharia, with justice as its primary condition. However, historical realities and social practices often reveal that such justice is difficult to achieve, thus generating social, psychological, and gender-related problems. The development of modern thought has introduced new perspectives in understanding polygamy. Some contemporary exegetes emphasize maqāṣid al-sharī‘ah to reinterpret Qur’anic verses on polygamy in accordance with the principle of substantive justice. This research focuses on the analysis of Muhammad Shahrur’s progressive exegesis, a modern Muslim thinker who offers a contextual approach to the Qur’anic text. Through a library research method, this study examines Shahrur’s works and compares them with classical interpretations. The findings indicate that Shahrur views polygamy as a form of dispensational ruling that is emergency-based and contextual, rather than a universally applicable norm. Thus, polygamy is positioned as a situational solution limited to specific conditions, not as a recommended rule. These findings highlight that progressive exegesis provides a more responsive interpretive framework to address contemporary issues such as gender equality and human rights. This research also opens critical discussions on the relevance of polygamy in modern society, while emphasizing the importance of Qur’anic interpretation that is contextual, inclusive, and grounded in justice.
Universality and Diversity of Human Rights in The Hadith of The Prophet PBUH: An Examination of The Book Sahih al-Bukhari and Sahih Muslim Misbahuddin, Misbahuddin
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.397

Abstract

The Universal Declaration of Human Rights (UDHR), proclaimed by the United Nations in 1948, has sparked considerable controversy, particularly regarding its claim to universality. The universality of the UDHR implies that it applies to all individuals regardless of their differing backgrounds—be it in terms of religion, ethnicity, race, language, culture, economy, politics, or other aspects commonly referred to as diversity. This paper aims to explore the concept of human rights in the Prophet’s hadiths in relation to their universal and diverse dimensions. Through a qualitative analysis of selected hadiths on human rights found in Ṣaḥīḥ al-Bukhari and Shahih Muslim, this study reveals that the diversity of human rights in the Prophet’s tradition can be viewed from both conceptual and practical perspectives. Conceptually, human rights in Islam are closely tied to a trichotomic framework—the relationship between God, humans, and nature. Human rights in Islam are not grounded in individualism; rather, they tend to emphasize collective responsibility. Moreover, in a theocentric society, the enforcement of human rights in Islam is inseparable from accountability both in this world and in the hereafter. Practically, the diversity of human rights is reflected in several issues as highlighted by Abdullahi An-Na'im, such as freedom of religion or belief, the relationship between Muslims and non-Muslims, and women's rights. These practical issues are rooted in differing conceptual foundations, wherein human rights in Islam prioritize the relationship with God above all others.

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