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 164 Documents
 12   13   14   15   16 
Akuntabilitas Penyidik dan Prinsip Keadilan: Menimbang Nilai Maqāṣid al-Sharīʿah pada Penetapan Tersangka Septiawan, Aris; Rifai, Anis; Suartini, Suartini
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.v4i1.418

Abstract

Fair law enforcement requires accountability of investigators in every process of determining suspects. In practice, there are still procedural irregularities that cause legal uncertainty and violations of the human rights of suspects. This research aims to examine the principle of accountability of National Police investigators in determining suspects based on the Criminal Code and police regulations, and to weigh them from the perspective of maqāṣid al-sharīʿah, especially the value of justice ('adl) and the protection of rights (ḥifẓ al-nafs wa al-'ird). This study uses a juridical-normative approach with a descriptive qualitative analysis method, through the study of laws and regulations, pretrial decisions, and Islamic legal literature. The data were analyzed using the framework of maqāṣid al-sharīʿah as an ethical and normative knife. The results of the study show that the determination of suspects without sufficient preliminary evidence violates the principle of due process of law and harms the maqāṣid of justice. Investigator accountability should be realized through internal control mechanisms, ethical sanctions, and judicial supervision through pretrial. The discussion emphasized that the integration of maqāṣid al-sharīʿah values can strengthen the national legal accountability system, as it places justice and the protection of individual rights as the main goals of law enforcement. Therefore, a reconstruction of the maqāṣid-based investigation paradigm is needed to realize humane, ethical, and substantive law enforcement.
Antara Kepastian dan Keadilan: Perspektif Hukum Islam terhadap Legalisasi Dokumen Asing dan Peran Notaris Lestari, Kory Febrina
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.v4i1.419

Abstract

The ratification of  the Apostille Convention through Presidential Regulation Number 2 of 2021 marks the transformation of the foreign public document legalization system in Indonesia. This change has a direct impact on the authority and function of notaries, which previously played a central role in the legalization process. In the context of Islamic law, this transformation raises ethical and philosophical questions about the balance between legal certainty and substantive justice. This study uses a normative-philosophical approach with qualitative analysis of laws and regulations, legal doctrines, and Radbruch Formula theory  as the main analytical framework. This study also links the values of maqāṣid al-sharī'ah to assess the alignment of the policy of legalization of foreign documents with the principles of benefit and justice in Islamic law. The results of the study show that the policy of  implementing the Apostille tends to prioritize efficiency and certainty of formal law, but has the potential to ignore the function of the notary as a guardian of justice and integrity of public documents. It was also found that there was an overlap of authority and a vacuum of norms that demanded a rearrangement of notary regulations. From the perspective of Islamic law, the dominance of legal certainty without considering the dimensions of justice and benefits has the potential to cause an imbalance in legal values. Therefore, the reconstruction of the role of the notary needs to be directed at the harmonization of values between haqq (truth) and 'adl (justice) as an implementation of maqāṣid al-sharī'ah in the national legal system.
Instrumentalisasi Hukum dan Ketahanan Demokrasi: Analisis Politik Hukum Mahfud MD dalam Perspektif Hukum Islam Pamungkas, Ery; Hidayati, Maslihati Nur
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.v4i1.420

Abstract

This article discusses the phenomenon of legal instrumentalization in Indonesian constitutional practice and its implications for democratic resilience, by highlighting the political thinking of Mahfud MD. Through the approach  of doctrinal legal research and normative analysis, this study found that the law is often used as an instrument of power by the dominant political configuration, thereby weakening the principles of judicial independence and constitutional supremacy. In this context, Mahfud MD's idea of responsive legal politics becomes relevant to uphold the law as a means of substantive justice, not just a tool of power legitimization. This study then relates this framework to the principles  of maqāṣid al-sharī'ah in Islamic law, especially in the aspects of the maintenance of justice (ḥifẓ al-'adl), reason (ḥifẓ al-'aql), and the public benefit (maṣlaḥah 'āmmah). The integration of the two shows that strengthening democracy requires a political reconstruction of the law based on Islamic ethical values, namely the balance between power, justice, and moral responsibility of state administrators. This study recommends the need for a national legal design that is oriented towards substantive justice and the protection of human rights as a form of application of maqāṣid al-sharī'ah in the democratic legal system in Indonesia.
Revitalization of Islamic Family Law Through the Management of Islamic Philanthropy Based on Zakat, Infaq, and Alms Romi, Muhammad; Akbarizan, Akbarizan; Nurcahaya, Nurcahaya
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.v5i1.425

Abstract

This study examines the revitalization of Islamic family law through strengthening the management of Islamic philanthropy based on zakat, infaq, and sedekah (ZIS) in response to the increasing socio-economic challenges of modern Muslim families. The main problem lies in the weak implementation of family law, which is often influenced by economic conditions, such as alimony, divorce, and child protection. This study aims to analyze the strategic contribution of ZIS management in strengthening the function of Islamic family law. The research method uses a library study approach with content analysis of primary and secondary literature related to ZIS, family law, and national zakat regulations. The results show that ZIS plays a significant role in increasing family economic resilience, reducing the potential for domestic conflict, and strengthening the implementation of family law norms through measurable socio-economic support. Institutional integration between zakat institutions and religious courts has proven crucial for expanding access to assistance for vulnerable families and supporting fairer dispute resolution. The implications of this study include the urgency of strengthening ZIS governance and opportunities for further research on the digitalization model of synergy between zakat and religious courts in Islamic family law reform.
Dynamics of Social Conflict in Inter-Ethnic Marriage: A Case Study Of The Marriage Of The Indigenous Peoples Of Java And Lampung In Sungkai Barat North Lampung Indrawan, Ghosel; Mukhlisin, Ahmad; Arsyad, Mufid
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.v5i1.428

Abstract

This study examines the social conflict dynamics in interethnic marriages between Javanese and Lampung communities, the factors triggering conflicts, and the adaptation and resolution strategies employed by couples. The research aims to understand how differences in culture, customs, and daily habits affect couples’ relationships and extended families, as well as how conflicts are managed. The study employs a qualitative approach with a case study design, collecting data through in-depth interviews, participatory observation, and documentation of the respective ethnic customs. The findings indicate that conflicts arise from differences in gender roles, family hierarchy, expressions of respect, and traditional ceremony practices, exacerbated by limited social tolerance and subjective judgments from the surrounding community. Adaptation strategies include open discussions, mutual understanding of each other’s culture, seeking guidance from family members, and adjusting habits to achieve harmony. Properly managed conflicts strengthen the relationship, enhance mutual understanding, and increase couples’ commitment.
Family Conflict as A Social Dynamic: An Analysis of Conflict Theory In The Perspective of Islamic Family Law azzam, Muazzam Khairi; Hamim, Khairul; Indrawati Purnamasari, Teti
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.v5i1.431

Abstract

Conflict is an inseparable part of social dynamics. From a sociological perspective, conflict theory asserts that society is not a harmonious entity, but rather an arena of conflicting interests rife with inequality. Conflict is an inherent phenomenon in social life. Conflict theory, as an important perspective in sociology, emphasizes that society is not a harmonious space, but rather an arena of conflicting interests rife with inequality. This article aims to outline the nature of conflict theory, its basic assumptions, the key figures who developed it, and its relevance and critique in the contemporary social context. Using a literature review approach, this article provides a comprehensive overview of conflict as a social phenomenon that is not solely destructive but can also serve as a trigger for change and societal transformation. Furthermore, this study highlights the relevance of conflict theory from the perspective of Islamic family law. Several important issues such as polygamy, divorce, and inheritance distribution often give rise to tensions between classical Islamic jurisprudence norms and modern demands for gender equality. Thus, conflict theory can be an analytical instrument that helps understand the dynamics of social tensions as well as the legal challenges within contemporary Muslim families.
Review of Sharia Economic Law on Peer-to-Peer Lending Practices Based on DSN-MUI Fatwa and Opinions of Contemporary Scholars Ubaidillah; Alfianto; Nurjannah, Feby; Arifin, Mohammad Samsul
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.v5i1.432

Abstract

The development of the fintech industry, especially the peer to peer (P2P) lending model, is growing very rapidly in Indonesia. Peer to-Peer (P2P) Lending is a mechanism to raise funds through a platform or fintech company, which is then distributed to business actors in the form of loans. This study aims to analyze the practice of peer to peer (P2P) lending in accordance with the fatwa of DSN-MUI No. 117/DSN-MUI/II/2018 and contemporary scholars. This study uses a type of library research and a normative approach with data collection techniques in the form of documentation, while the validity of the data is tested through source triangulation. The results of this study show that the DSN-MUI Fatwa No. 117/DSN-MUI/II/2018 and the views of contemporary scholars affirm that P2P lending is allowed as long as it is in accordance with sharia principles, free of usury, gharar, and maysir, and uses a valid contract under the supervision of the Sharia Supervisory Board (DPS).
The Concept of Bughat in Islamic Political Fiqh: A Comparison of Madhhab Shafi'i and Hanafi Zuairiyah, Zuairiyah; Husna, Fathiyah; Azzahra, Kamila Nayli; Ulyani, Attikah; Siyono, Siyono
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.v5i1.435

Abstract

This study examines the differing perspectives of the Mazhab Shafi’i and Hanafi regarding the concept of bughat (rebellion) within Islamic political jurisprudence. The core issue lies in the variation of criteria, legal treatment, and evidential bases used by the two schools. Using a library research method, analyzing classical sources, relevant hadiths such as those indicating early signs of rebellion (at-thalab), and major fiqh works, the study finds that the Mazhab Shafi’i  requires the presence of military strength, leadership, and legitimate ta’wil to classify a group as bughat, and distinguishes between Muslim and non-Muslim rebels, prioritizing peaceful resolution. In contrast, the Mazhab Hanafi emphasizes governmental stability and allows pre-emptive defensive measures once signs of rebellion appear, without differentiating religious status. These differences stem from each Mazhab’s method of legal derivation. The findings highlight the significant implications of these methodological variations for the application of Islamic public law in contemporary political contexts.
From Latent Grievances to Collective Action: A Qualitative Case Study of Residents’ Rejection of the Ummi Cinta Majelis Taklim in Bekasi Fitriah elkarimah, Mia; Susilawati, Susilawati; Fuadah, Siti
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.v5i1.486

Abstract

This article examines a local socio-religious conflict involving residents’ collective action against the Ummi Cinta Majelis Taklim (Al-Kautsar) in the Dukuh Zamrud Housing Complex, Bekasi City. The conflict reflects a broader pattern in Indonesia, where religious disputes often emerge from social, spatial, and procedural tensions rather than doctrinal differences. This study aims to explain how residents’ grievances developed into collective action, how objections were expressed through RT/RW neighborhood structures, how formal reporting mechanisms involved the Indonesian Ulema Council (MUI) and local government, and why residents prioritized official channels over informal pressure. Using a qualitative instrumental case study design, the research employs semi-structured interviews, observation, and document analysis, and analyzes data through the Miles and Huberman interactive model with triangulation. The findings indicate that grievances accumulated for nearly eight years due to exclusive activities, increasing numbers of external congregants, and recurring disturbances to traffic, noise, and spatial comfort, which were later intensified by viral allegations of doctrinal deviation. Collective action initially appeared in symbolic forms such as protest banners and later became institutionalized through RT/RW reporting and coordinated engagement with authorities and MUI. MUI’s clarification shifted the conflict from doctrinal to socio-procedural issues, enabling administrative resolution through activity restrictions, permit requirements, and relocation. This study concludes that the conflict is best understood as a governance problem of non-formal religious spaces and highlights the importance of dialogical and evidence-based approaches in managing socio-religious disputes.
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.

Page 14 of 17 | Total Record : 164

 12   13   14   15   16 

Filter by Year

2022 2026


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'