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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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All You Can Eat dalam Tinjauan Maslahah al-Mursalah : Implikasi Hukum Islam terhadap Praktik Bisnis Modern ubaidillah, ubaidillah; Nurohman, Dede; Muhtadi Anshor, 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.v4i1.215

Abstract

The "All You Can Eat" (AYCE) business practice has become a popular business model among the public, especially in the culinary sector. However, this phenomenon raises a number of questions related to halalness and sustainability from an Islamic legal perspective. This research aims to analyze AYCE buying and selling practices through a review Maslahah al-Mursalah (benefits that are not directly explained in the text) as an approach in Islamic law. The method used is qualitative analysis with a normative approach that examines fiqh principles and maslahah theory to assess whether AYCE practices bring benefits to individuals and society. This research found that although AYCE can provide economic benefits for entrepreneurs and satisfaction for consumers, there are potential losses in the aspects of waste (israf), nutritional imbalances, and impacts on health that must be avoided. In perspective Maslahah al-Mursalah AYCE practices can be justified if the principles of welfare and sustainability are maintained, but there needs to be strict regulation to ensure that no party is harmed and that excessive consumption can be avoided. This research concludes that the application of principles Maslahah al-Mursalah In business, AYCE can potentially provide benefits as long as it is in accordance with the values ​​of justice and balance in Islam.
Sustainability of Product Halal in the Postmarket Phase from the Perspective of Islamic Law in Indonesia Thalhah, Thalhah; Hamizar, Arizal; Hunsouw, M. Taib
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.v4i1.221

Abstract

This research aims to analyze the assurance of halal products in Indonesia, particularly within the context of Islamic law in the postmarket phase. The study focuses on understanding how existing regulations are capable of providing legal protection for Muslim consumers and ensuring the halal status of products throughout the entire distribution process, from production to consumption. The method used is normative research with a legislative approach, a conceptual approach, and a historical approach. This research examines various regulations related to halal product assurance, including the Halal Product Assurance Law and other related regulations, and analyzes the consistency and implementation of these regulations within the context of Islamic law. The findings of the research indicate that although Indonesia has strong enough regulations to ensure the halal status of products, implementation in the postmarket phase still faces significant challenges. The monitoring of products already circulating in the market has not been fully effective, and there are gaps in the synchronization of existing regulations. From the perspective of Islamic law, halal assurance must cover the entire product life cycle, and therefore, more proactive monitoring and better synergy among related institutions are needed to ensure the sustainability of halal products in Indonesia.
Analisis Hukum Islam Terhadap Praktik Bisnis Multi Level Marketing: Perspektif Fatwa DSN MUI dan NU Jauhari, Muhammad Sofwan; Nugraha, Iqbal Subhan
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.v4i1.222

Abstract

This study examines the perspectives of the Indonesian Ulema Council (MUI) and Nahdlatul Ulama (NU) regarding Multi-Level Marketing (MLM) practices, focusing on the alignment with Islamic principles. MLM has gained popularity as a business model, but its compatibility with Islamic law has been debated, particularly concerning practices such as recruitment-based commissions and the potential for exploitation. This research uses a qualitative approach, analyzing fatwas and official statements from MUI and NU, as well as examining Islamic legal frameworks to assess the permissibility of MLM. The study finds that while MUI permits MLM under certain conditions, NU takes a stricter stance, condemning MLM that resembles pyramid schemes. The research highlights key elements that must be observed for MLM to comply with syariah, including transparency, fairness, and product legitimacy. The findings suggest that both organizations stress the importance of ethical practices in MLM, with the need for better regulation and public education to avoid exploitative systems.
Pilkada Calon Tunggal dalam Perspektif Siyasah Syari’yyah Asiyah, Asiyah; Riza, Fikri; Kurniadi, Rahmad; Riyadi, Ahmad; Nur, Muhammad; Andriansyah, Muhammad; Joanda, Ivan Rahmat
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.v4i1.224

Abstract

The phenomenon of regional head elections (Pilkada) with a single candidate creates tension between the principles of democracy and the concept of siyasah syar'iyyah in Islamic politics. This study aims to analyze the implications of a single candidate in the Regional Elections from the perspective of siyasah syar'iyyah, especially in relation to the principles of justice, deliberation (shura), and the benefit of the people. This study uses a qualitative method with a literature approach to examine the views of scholars and regulations that govern the single-candidate Regional Elections. The results of the study show that this phenomenon occurs due to the dominance of political power, high political costs, and strict candidacy requirements, which lead to limited political competition. In Islam, leaders must be chosen through a fair and transparent process, but in an emergency, a pragmatic approach allows for a single candidate for the sake of government stability. Instead, the idealistic approach emphasizes the importance of healthy deliberation and competition. Therefore, siyasah syar'iyyah offers solutions in the form of increasing political participation, reducing administrative obstacles, and guaranteeing transparency in the election process. In conclusion, single-candidate regional elections can be accepted under certain circumstances, but must still pay attention to the principles of democracy and justice so as not to conflict with the values of siyasah syar'iyyah.
Kewajiban Sosial dalam Pemilu: Studi Hukum Islam terhadap Mencoblos semua Paslon dalam Kerangka “Mashalih Mursalah” Muhayar, Marhadi; Uswatun Khasanah, Siti
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.v4i1.253

Abstract

This research talks about Islamic law regarding voting for all Candidate Pairs (Paslon) within the framework of "Mashālih Murlahah". In this research, a qualitative approach was used with library data analysis (library research). The method used is deductive-inductive analysis, where researchers will develop existing theories or hypotheses based on existing principles in political, religious and legal studies, as well as data found in relevant literature. The theory used in this study is Al-Būthi's Mashālih Murlah theory. The research results show that voting for all the candidate pairs cannot be equated with not having a leader or leaving the congregation (bughāt), because in practice, even if many people vote for all the candidate pairs and their ballots are declared invalid, this will still produce a leader as regulated by the system elections and legislation. In this context, the act of voting for all candidate pairs is legally justified. However, if voting for all candidates is thought to result in winning a candidate who has the potential to bring harm to Muslims, then voting for abstention or voting for all candidate pairs is an action that is not justified (haram).
Integrasi Nilai-Nilai Hukum Islam dalam Pendidikan Kewarganegaraan: Telaah atas Pemikiran al-Farabi dan Ibnu Khaldun Ikhwanudin, Ikhwanudin
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.v4i1.254

Abstract

Abstract Civic Education (PKn) is often trapped in a normative narrative that is less relevant to Islamic legal values as the basis of social morality. This article examines the integration of Islamic legal values in the PKn through the analysis of the thoughts of Al-Farabi and Ibn Khaldun, two figures who offer distinctive views on ethics, social solidarity, and governance. This research aims to identify the concepts of justice, equality, and social harmony in the works of the two, as well as how these values can enrich the PKn curriculum in Islamic universities. Using a literature approach with a critical analysis of the main works of the two figures, this article finds that the integration of Islamic legal values is not only relevant, but also urgent to create a generation of students with a global perspective without losing their spiritual roots. In conclusion, Al-Farabi and Ibn Khaldun offer a solid theoretical foundation to reform the PKn to be more grounded and transformative.
Islam dan Pancasila: Dialektika Hukum Tata Negara dalam Pemikiran Ali Hasjmy Amiruddin Ahmad, Mukhtar; Hafniati, Hafniati; Abdurrahman Usman, Zulkifli
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.v4i1.255

Abstract

This study examines Islam and Pancasila: The Dialectic of Constitutional Law in the Thought of A. Hasjmy. The purpose of this research is to reveal A. Hasjmy's thoughts related to Pancasila as the basis of the state and its relationship with Islam. This research method is qualitative by using descriptive analysis of A. Hasjmy's thoughts related to Islam, the state, and Pancasila. The analysis of A. Hasjmy's thought is analyzed using the heurmenetic method of trying to reveal the symbols of the text narrative expressed by A. Hasjmy. The data collection method of this study includes library research. Based on  the library research method, the  primary data in this study is a book by A. Hasjmy entitled Where is the Islamic State Located. This study shows that A. Hasjmy's thinking is modernist and adaptive. Modernist, A. Hasjmy's thinking is open and rational. Adaptive, A. Hasjmy is socially mature in understanding state culture. Pancasila, according to A. Hasjmy, is conceived with Islam; both divine teachings and social teachings. The precepts contained in Pancasila accommodate Islamic values. Indonesia, according to A. Hasjmy, has adhered to the principle of an Islamic state in the context of value substance based on Pancasila.
Outsourcing Tenaga Kerja: Analisis terhadap Maslahat dan Mafsadat yang Ditimbulkan Menurut Hukum Islam Arsad Nasution, Muhammad; Siregar, Rosnani
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.v4i1.256

Abstract

The outsourcing system in employment is a contemporary phenomenon that is not explicitly known in Islamic law. However, this system has similarities with the shirkah contract of abdan in the muamalah of Islam. The question that arises is how Islamic law responds to the practice of outsourcing and whether this system brings benefits to workers or actually causes mafsadat. This study aims to examine the impact of the outsourcing system on the welfare of workers through the maslahah approach, especially the concepts of istihsan and mashalih al-mursalah. This study uses a qualitative method based on literature review by analyzing data from various journals and related literature. The results of the study show that the outsourcing system causes more mafsadat than benefit. Outsourced workers often experience injustices, such as substandard wages, lack of benefits and social security, and weak legal protections due to unclear employment relationships between labor providers and service users. In addition, they are also limited in their right to unionize. In conclusion, the outsourcing system benefits companies more than workers. Therefore, from the perspective of Islamic law, this mechanism should be limited to training and recruitment providers, while workers placed in a company should be appointed as permanent employees.
Saddu Dzari’ah Menurut Imam Syafi’i dan Aplikasinya dalam Mu’amalat Maliyah Nofrizal, Okri Nofrizal
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.v4i1.257

Abstract

There are certain issues (mustajaddad) that cannot be found empirically from the texts, but the methodological framework is crystallized from the postulates which are qath'i as a form of Islamic law management method called Saddu Dzarî'ah. A mujtahid who initiated the istinbât methodological framework who is famous for his maqâshid is Imam Syafi'i  (past a way 204 H). It is unique, when someone justifies that Imam Shafi'i does not recognize Saddu Dzarî'ah. The purpose of writing this thesis is to answer the real view of Imam Shafi'i regarding Saddu Dzarîah.  This research belongs to the category of qualitative research based on document (text) studies that focus on Imam Syafi'i's views regarding Saddu Dzarî'ah in the process of finding Islamic law. The research process was carried out using the ushul fiqh and comparative fiqh approaches. The discussion in this study uses the document study method. After conducting an in-depth study and analysis of the book Al-Umm, it was found that Imam Shafi'i acknowledged Saddu Dzari'ah either as a proposition (mashadir Al-Ahkam) or as makharij fiqhiyah.
Rekonstruksi Perkawinan Nyentana dalam Masyarakat Bali: Perspektif Kesetaraan Gender Dharmayani, Dharmayani; Karini, Eti; Ismail , Habib; Iwaannudin, Iwaannudin; Arsyad, Mufid
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.v4i1.258

Abstract

This research aims to explore and analyze the reconstruction of nyentana marriage in Balinese society from a gender equality perspective. Nyentana marriage, which involves the groom living with the bride's family, is a unique tradition that has the potential to elevate the status of women and promote gender equality. However, negative stigma towards this type of marriage still exists in certain segments of Balinese society, as it is considered to conflict with the dominant patrilineal customary norms. This study uses a qualitative approach with a case study method in several regions of Bali, including Tabanan, Gianyar, and Badung. Data were collected through in-depth interviews with couples practicing nyentana marriage, customary leaders, and religious figures, as well as participatory observations during nyentana wedding ceremonies. Thematic analysis was employed to identify the factors influencing the acceptance or rejection of this tradition and its impact on gender equality. The research findings indicate that despite challenges posed by negative stigma, nyentana marriage has the potential to alter social structures and strengthen the position of women in Balinese society. Therefore, the role of customary institutions and religious leaders is crucial in supporting a better understanding of gender equality through this tradition. This research is expected to provide new insights into how the nyentana marriage tradition can contribute to achieving gender equality goals and support sustainable development in Bali.

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