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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 164 Documents
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Analisis Pasal 252 KUHP Baru Perspektif Hukum Islam dalam Pengembangan Teori Hukum Puspitasari, Deny; Arzaqi, Nila
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.150

Abstract

This study examines Article 252 of the New Criminal Code (KUHP) regarding its relevance and legal proof. The analysis is conducted from an Islamic law perspective using maqashid syariah, Quranic evidence, and Hadith, and compares it with the concepts of hudud, qisas, and ta'zir. Using a qualitative method based on library research with a descriptive-analytical approach, this research aims to support the development of Islamic legal theory that is harmonious with national law and relevant to the pluralism of Indonesian society. The discussion of Article 252 reveals the differences between Islamic law and positivistic approaches in dealing with witchcraft (santet). In Islamic law, witchcraft is considered a major sin that damages faith and social harmony, with proof based on witnesses, confessions, and indications in accordance with maqashid syariah. Meanwhile, the positivistic approach faces challenges in proving witchcraft due to its supernatural nature, making confessions as the primary evidence in Article 252 vulnerable to bias and subjectivity.
Rekonstruksi Argumen Keadilan Berimbang Hak Laki-Laki dan Perempuan dalam Waris Islam Abdul Jalal, Luqman
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.153

Abstract

The concept of Islamic inheritance of two to one between men and women is contradicted by the logic of justice and gender equality. This requires reinterpretation, adjusting its socio-historical context. In this sacred text, there is a goal of substantive justice, because it is related to interactions between fellow human beings and socio-economics. The Principle of Balanced Justice answers this discourse which is considered discriminatory. Namely, providing rights proportionally and in balance with obligations, the obligation of the husband to support his wife and family. Men and women have equal rights to heirs, not related to the issue of gender equality. This study uses a descriptive analysis method, by presenting data from literature studies, books, journals, articles related to the issue of justice in Islamic inheritance law, then drawing conclusions. This study concludes that the concept of Islamic inheritance is the true justice of God Who knows the ins and outs of human nature, based on Balanced Justice between the rights and obligations of men and women. The principle of balanced justice is based on the principle of ijbari, the transfer of ownership of property according to God's provisions and all parties submit. The Principle of Balanced Justice has been regulated in the material law of Islamic Inheritance in Indonesia. The principle of balanced justice is based on substantial justice. And the principle of balanced justice is independent, not contrary to the principle of non-discrimination in PERMA No.3/2017.
Pemahaman Generasi Z terhadap Sighat Taklik: Studi Kasus di Kabupaten Sambas Asman, Asman
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.154

Abstract

This study discusses the understanding of millennial brides of Generation Z towards sighat taklik after ijab kabul in brides and grooms who carry out weddings at the Sambas Religious Affairs Office, West Kalimantan. The understanding of millennial brides about sighat talik in KUA is that every millennial bride and groom after carrying out ijab kabul, especially men (husbands), some recite sighat taklik and some do not pronounce sighat taklik whose manuscript is in the marriage book. From this case, the pros and cons of the bride and groom after ijab kabul arise, so the question arises whether the pronunciation of sighat taklik is an obligation or not?. The focus of this research is how millennial brides of generation Z understand sighat taklik after ijab kabul at KUA Sambas, West Kalimantan?. The method in this study is to use a qualitative field approach while the approach in this study uses phenomenology. The findings in this study from eight respondents interviewed, namely the bride and groom, four of the bride and groom did not know the existence of sighat taklik and did not pronounce sighat taklik and four bride couples knew and pronounced the sighat taklik in the marriage book. The conclusion in this study is the occurrence of pros and cons to the sighat taklik in the marriage book, the lack of emphasis on socialization from the BP4 in the premarital material to the prospective bride and groom, and the lack of knowledge of the bride and groom in the affirmation of knowledge of the Marriage Law No. 1 of 1974, article 29 of the marriage agreement, and the understanding of the Compilation of Islamic Law article 46 concerning taklik talaq.
Mudharabah serta Musyarakah dalam Praktik Lembaga Keuangan Syariah Arsela, Mika; Zen, Muhamad
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.156

Abstract

Islamic financial institutions record extraordinary circumstances achieved at ever-changing intervals that can be recognized by cosmopolitan technology. This reflection talks about the differences and similarities between mudharobah and musyarakah in the participation of Islamic financial institutions. The euphemistic disposition possessed in reflection is a qualitative disposition with a creative writing approach. Each collection is hand-collected and explained thereby nailing down a well-controlled process. This reflection states that the persistence of understanding mudharobah and musyarakah in the beginnings of Islamic finance has differences and similarities, these differences can be seen from the understanding, basic sharia, actions in Islamic financial institutions, capital, patronage management, ratios and risks. These patches of similarity complete the distortion of facts in business goals and complications.
The Fundraising Digital di Lembaga Amil Zakat: Analisis Mendalam terhadap Metode dan Efektivitas Partisipasi Donatur Sukendar, Egi Agustian Rahmat; Vidho, Ramadan
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.159

Abstract

In Indonesia, the increase in internet penetration, which will reach 73.7% of the population or around 204.7 million people in 2022, has created great opportunities for the development of digital fundraising. LAZs such as BAZNAS and Dompet Dhuafa have utilized digital technology, which has been proven to increase fund collection. In 2023, BAZNAS reports that digital ZIS collection will reach IDR 47 trillion. Digital platforms such as Kitabisa and the use of e-wallets such as GoPay and OVO also support fundraising efficiency. However, challenges related to digital inequality and literacy still need to be overcome. Studies regarding the effectiveness of digital fundraising methods and their impact on increasing donor participation are also still limited, so further research is needed to identify the most effective strategies. This research aims to (1) find out and analyze the digital fundraising methods implemented by the Amil Zakat Institution. (2) To analyze the effectiveness of implementing the digital fundraising method in increasing donor participation at the Amil Zakat Institution. (3) To identify factors that influence the effectiveness of implementing digital fundraising methods in increasing donor participation at the Amil Zakat Institution. This research method uses a case study approach, where the researcher investigates a case or several cases in depth, involving collecting data that is rich in information. The case study was chosen because this research aims to carry out an in-depth analysis of the application of digital fundraising methods on the Amil Zakat Institution platform. With data collection techniques of observation, interviews and documentation.
Komparasi Konsep Akad ¬al-Musammâ dan Gairu al-Musammâ dalam Fikih Muamalah dengan Kontrak Nominaat dan Innominaat dalam KUH Perdata Aulia, Mulfi
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.160

Abstract

In Article 1319 of the Civil Code, agreements are divided into named (nominaat) and unnamed (innominaat) agreements. Unnamed agreements arise and develop in society, while named agreements are regulated by law. Named contracts are recognized in the Civil Code, while innominaat contracts develop due to the principle of freedom of contract. The fiqh scholars divide contracts into al-musammâh contracts whose names are determined by shara' and gairu al-musammâh contracts determined by the community. The research conducted is qualitative in the form of a literature study with a juridical-normative approach. The results show that contracts and contracts in muamalah maliyah in Indonesia have similarities in terms of legal relations, legal subjects, achievements, and wealth. Although there are editorial differences between the pillars and essential elements, the legal consequences are the same: valid, void, or defective. Akad is divided into al-musammah and ghairu al-musammah, while contracts are nominaat and innominaat, based on the principle of freedom of contract. Not all contracts are subject to state regulation, because the human need to seek sustenance is very dynamic. The difference lies in the source of law and the application of substantial and procedural principles.
Hak Khuluk Perempuan dalam Perspektif Fikih dan Keadilan Gender Fitriyani, Fitriyani
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.161

Abstract

This paper aims to explore the right of khuluk for women in the perspective of jurisprudence and gender justice. The main issues studied include: 1) What are the rights of women in the view of fiqh? and 2) How are women's khuluk rights reviewed from a gender perspective? This study uses a library research method by utilizing books, journal articles, and previous research reports, and is categorized as normative legal research that is analyzed descriptively. The results of the study show that the right of khuluk in the context of fiqh is a manifestation of gender equality in marriage relationships. If the husband has the right to divorce his wife through talaq, then the wife also has the right to "redeem" her husband through khuluk. Furthermore, the increase in divorce cases is influenced by several factors, including recurring conflicts, increasing women's awareness of their rights in the household, rejection of unfair treatment, economic independence, and a deeper understanding of religion, including regarding the provision of triple talaq. When women feel that triple talaq has been imposed by their husbands, they believe that religion forbids them to stay together. As a solution, efforts are needed to improve the quality of marriage advice. The advice should not only be entertaining for the bride-to-be, but also touch on substantial aspects, such as the importance of maintaining, caring for, and maintaining a harmonious marriage.
Konsep Akad Salam pada Jual Beli Pre Order Online Shop dalam Perspektif Hukum Islam Reza Safri Nasrullah, Muhammad; Zaibi Amalia, Nur; Mu’is, Ahmad
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.165

Abstract

This research aims to examine the suitability of the concept of salam contract in Islamic law with the pre-order buying and selling system in online shops, and analyze its implementation in creating fair and Sharia-compliant transactions. The salam contract, as a form of contract in muamalah fiqh, allows for advance payment for goods that will be delivered at a later date. This characteristic has relevance to the pre-order system that is widely used in digital transactions today. This research uses the library research method. Data were collected through a literature study of primary and secondary sources, such as fiqh books, scientific journals, and relevant papers. The analysis is conducted to identify the similarities in principle between salam and pre-order contracts, and evaluate the potential problems that may arise in their application. The results show that the salam contract can be used as a reference in the pre-order system, as long as it fulfills the sharia requirements, such as full payment in advance, clarity of goods specifications, and certainty of delivery time. The application of the salam contract principle to pre-order sales in online shops not only strengthens the sharia legal aspects, but also increases the trust between sellers and buyers. This research confirms that the salam contract is a flexible and relevant solution in modern sharia-based economic transactions.
Aktualisasi Nilai Historis & Teoritis dalam Pemberlakuan Hukum Islam di Indonesia Azzahra, Fatimah; Mutawali, Muhammad; Syukri, Syukri
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.173

Abstract

Islamic law is a set of Islamic rules and norms sourced from the Quran and Hadith, coupled with the sources of Islamic law in the form of Ijma' and Qiyas, and the sources of ijtihad that are still debated by scholars in their use in the form of Istihsan, Istislah, Istishab, Maslahah Mursalah, 'Urf, Sar'u Man Qablana, and so on. The history of the birth of Islamic law began with the appointment of Muhammad as the last Prophet and Apostle, and was sent to this earth as the recipient of divine revelation that must be disseminated to his people until the Day of Resurrection arrives. The revelations collected into the Qur'an contain all the rules that are allowed and not allowed to be done as believers. The Quran and Hadith are final even though they can still be interpreted according to the development of the times until now. With the spread of Islam to all corners of the world, Islamic law is also included in it. Islam reached Indonesia at a time when the Hindu-Buddhist kingdoms still ruled Indonesia. Islam was brought peacefully by Arab and Indian traders so that it could be well received by the indigenous people at that time. The implementation of Islamic law in Indonesia has occurred since the birth of Islamic kingdoms until the current modern Indonesian era. This is evidenced by the use of Islamic law as the basis / source of various rules in Indonesia
Nyongkolan dalam Perspektif Hukum Islam dan Hukum Adat: Integrasi Tradisi dan Syariat dalam Pernikahan Masyarakat Sasak Yudha, Gesit; Santoso, Rudi; Hadaiyatullah, syeh Sarip; Fikri, Arif; Irawan, Rudy
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.182

Abstract

The Nyongkolan tradition is a distinctive marriage procession within the Sasak community in Lombok, West Nusa Tenggara, which combines elements of customary law with Islamic law. This study aims to examine how the integration of Islamic law and Sasak customary law occurs in the implementation of Nyongkolan, as well as the challenges faced in harmonizing the two. Using a descriptive qualitative approach, data was obtained through in-depth interviews, participatory observation, and documentation involving religious leaders, customary figures, and members of the Sasak community involved in the marriage procession. The findings of the study show that although there is potential conflict between the principle of simplicity in Islam and some customary elements considered excessive, both Islamic law and customary law play important roles in strengthening the relationship between the two families of the bride and groom, as well as preserving local cultural values. Dialogue and mutual understanding between religious leaders and customary figures are necessary to achieve harmonious integration between the two. This study reveals the importance of maintaining a balance between tradition and religious teachings to preserve the essence of a marriage that is legitimate both in terms of religion and culture, as well as enriching the identity of the Sasak community.

Page 11 of 17 | Total Record : 164

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