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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 164 Documents
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Audit Negara dalam Perspektif Maqāṣid al-Sharī‘Ah: Studi atas Perkara Korupsi Pembangunan Gereja Kingmi dan Pengadaan Lahan Munjul Narayana, Raden Abyan Aradea; Machmud, Aris
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.v4i2.372

Abstract

The management and accountability of state finances is a fundamental aspect in realizing a fair and trustworthy government, as affirmed in the principles of maqāṣid al-sharī'ah, especially ḥifẓ al-māl (protection of property). In the practice of corruption criminal justice in Indonesia, the Audit Board (BPK) and the Financial and Development Supervisory Agency (BPKP) are two institutions that are often used as a reference in determining state losses. This article analyzes the dualism of authority between BPK and BPKP in two cases: the construction project of the Kingmi Mile 32 Church in Mimika (Case Number 03/Pid.Sus-KPK/2024/PN.Jkt.Pst) and the procurement of Munjul land by Perumda Pembangunan Sarana Jaya (Case Number 7092 K/Pid.Sus/2022 Jo. 20/Pid.Sus-TPK/2022/PT DKI). This study uses a qualitative method with a normative juridical approach, and integrates Gustav Radbruch's theory of legal certainty with the principles of maqāṣid al-sharī'ah. The results of the study show that the existence of two audit institutions with overlapping authorities causes legal uncertainty that can affect the objectivity of judges. From the perspective of maqāṣid al-sharī'ah, this situation threatens the achievement of justice and protection of public property. Therefore, regulatory and ethical affirmation is needed so that the state audit mechanism is in line with the principles of transparency, substantive justice, and protection of the public interest within the framework of Islamic law.
Rekonstruksi Hak dan Kewajiban Anggota Keluarga dalam Mewujudkan Keharmonisan Rumah Tangga: Telaah Normatif dalam Perspektif Hukum Islam Hikmatullah, Hikmatullah; Wardana, Sendi
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.v4i2.373

Abstract

A harmonious family is not just a dream, but a real goal that can be achieved through awareness, commitment, and joint efforts between family members. The household is not only a physical place to live, but also a space to build togetherness, trust, and love that are able to survive in the face of various life dynamics. This research aims to reconstruct the understanding of the rights and obligations of family members in realizing domestic harmony based on the perspective of Islamic law. The method used is normative legal research with a statute approach, which intensively studies legal literature, especially the Compilation of Islamic Law (KHI), as primary legal material, and is supported by secondary legal material. The results of the study show that household harmony (sakinah, mawaddah, and rahmah) is not solely determined by material aspects, but rather by the fulfillment of rights and obligations proportionally by each family member. True happiness is born from an attitude of mutual understanding, trust that is maintained, and commitment in carrying out each other's roles and responsibilities. This finding provides a conceptual contribution for married couples to rearrange the pattern of family relations that are just and sustainable in accordance with the principles of Islamic law.
Implementasi Program Peremajaan Sawit Rakyat (PSR) dalam Perspektif Maqashid Syariah: Studi di Kabupaten Aceh Barat Putra, Hendra; Lutfi , Anas; Sadino, Sadino
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.v4i2.374

Abstract

The People's Oil Palm Replanting Program (PSR) is a strategic policy of the government to increase the productivity and welfare of oil palm farmers. However, in its implementation, a number of violations of the law were found such as manipulation of data on program participants. This paper aims to review the implementation of the PSR program in West Aceh Regency from the perspective of Islamic law. Using a normative-empirical approach, this study refers to the principles of maqāṣid al-sharīʿah and fiqh siyasah in examining the role of the state in the distribution of justice, the validity of land ownership, and administrative violations. The results show that the PSR program is in accordance with the objectives of Islamic law, especially in the aspects of property protection (ḥifẓ al-māl) and community welfare (taḥqīq al-maṣlaḥah), but there is a need for improved governance to be in accordance with the principles of justice, transparency, and accountability as taught in Islamic law.
Kontestasi Hukum Islam dan Negara dalam Perda Bernuansa Syariah di Kota Tasikmalaya Aziz, Abdul; Mutakin, Ali; Nugraha, Iqbal Subhan; Maksum , Ghufron; Aminudin, Sugeng
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.v4i2.375

Abstract

The implementation of the Regional Regulation with sharia nuances in the city of Tasikmalaya often causes polemics related to the relationship between religious norms and the principle of the state of law that upholds diversity. This study aims to analyze the form, motive, and impact of the Sharia Nuanced Regional Regulation in Tasikmalaya City in the framework of the contestation between Islamic law and the state. The method used is qualitative with a socio-legal approach, through field studies and document analysis, as well as interviews with key legislative actors and religious organizations. The results of the study show that the Regional Regulation reflects more transactional political strategies between local elites and religious groups, rather than purely the normative aspirations of the community. Its application tends to be symbolic and does not have a significant impact on improving the quality of life of the community at large. The implications of these findings underscore the importance of evaluating local legislation to be in line with the principles of non-discrimination, substantive democracy, and the protection of the civil rights of all citizens without exception.
Politisasi Identitas dalam Pemilu: Tinjauan Politik Hukum dan Prinsip Maqāṣid Al-Sharīʿah terhadap Ketahanan Nasional Latifa, Dwi Ria
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.v4i2.377

Abstract

Indonesia as a multicultural democratic country faces vulnerability to identity political mobilization, especially those rooted in primordial issues such as religion and ethnicity. This phenomenon was prominent in the 2017 Jakarta Regional Election and the 2019 Presidential Election, which showed the increasing social polarization due to digital disinformation and SARA-based campaigns. This situation is a threat to national resilience, as well as showing the insynchronity between the constitutional principle of non-discrimination and the weak campaign regulations in Law No. 7 of 2017. This study uses a mixed approach between normative and empirical. The normative approach is used to analyze the political, legal and regulatory aspects of election campaigns, while the empirical approach is carried out through field studies using data triangulation techniques from official documents, NGO reports, and digital campaign archives. The results of the study show three main findings: (1) The ambiguity of the definition of "identity politics" in election regulations leads to law enforcement that tends to be subjective; (2) The use of digital technology such as deepfakes and political bots contributed to a 300% surge in SARA content during the 2019–2024 period; (3) There is a tension between the principle of freedom of expression and the prohibition of primordial campaigns, which have not been adequately accommodated within a positive legal framework. The discussion linked the findings to the principles of maqāṣid al-sharīʿah, particularly in the aspects of ḥifẓ al-dīn (protection of religion), ḥifẓ al-nafs (protection of the soul), and ḥifẓ al-'aql (protection of reason), as a normative basis to stem the politicization of identity that threatens national resilience. The study recommends progressive revisions to the Election Law, the integration of artificial intelligence (AI) technology in the KPU surveillance system, and the mainstreaming of Islamic values that uphold justice and unity in digital campaigns.
Konsistensi Putusan Hakim dalam Penghapusan Merek oleh Pihak Ketiga: Tinjauan UU No. 20 Tahun 2016 dan Prinsip Hizf al-mal Hukum Islam Oetami, Rizky Amaliah; Sudiro, Amoury Adi
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.v4i2.384

Abstract

This study discusses the consistency of judges' decisions in trademark removal cases filed by interested third parties based on Article 74 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study uses a juridical-normative approach with a comparative method of six commercial court decisions that have similar legal substance, but produce different rulings. These inconsistencies are problematic in the context of legal certainty and protection of intellectual property rights. In the perspective of Islamic law, the abolition of a trademark that has not been used for three years without stopping can also be analyzed through the principle of maqāṣid al-sharī'ah, specifically the principle  of ḥifẓ al-māl (protection of property). Trademarks as intangible assets are part of assets that must be protected from attempts to impersonate them, forgery, or fictitious registrations. By adding the dimension of Islamic law, this study finds that trademark protection is not only relevant within a positive legal framework, but also in line with the purpose of sharia to preserve property rights and prevent tyranny in commercial transactions. These findings recommend harmonization between positive law and Islamic legal values in the settlement of trademark rights disputes.
Perlindungan Hak Kekayaan Intelektual Batik Tirta Suci dalam Perspektif Hukum Positif dan Hukum Islam Sunaryo, Euis; Wasitaatmaja, Fokky Fuad; Machmud, Aris
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.v4i2.385

Abstract

The Tirta Suci Kembang Mayang batik motif is a typical cultural expression of the city of Tangerang which was born from the creativity of the Kembang Mayang Batik Studio community. Although it has high philosophical and aesthetic value, this motif has not been officially registered in the Copyright system, even though its use has been widespread in various government activities. This study aims to analyze the legal protection of the batik motif both from the perspective of positive law and Islamic law. The method used is juridical-empirical legal research with a descriptive qualitative approach. Data was obtained through literature studies, interviews with batik artisans, and a review of Law Number 28 of 2014 concerning Copyright. The results of the study show that based on positive law, copyright to motif works arises automatically since they are realized in real form, but registration is still required as legal evidence. From the perspective of Islamic law, the appreciation of intellectual works is based on the principles of justice ('adl), the recognition of property rights (ḥaqq al-milkiyyah), and the prohibition of taking benefits without lawful permission (ghasab). Therefore, both in state law and Islamic law, the use of Tirta Suci batik motifs without moral recognition and economic compensation violates the principles of justice and the exclusive rights of the creator. This study recommends the integration of positive regulation with Islamic legal values as an ethical foundation in protecting local culture-based intellectual property.
Transformasi Status PT Perorangan Ke PT Konvensional dalam Perspektif Hukum Positif dan Fikih Muamalah Cahya, Ayuni Nilam; Lutfi, Anas; Ahmad, Suparji
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.v4i2.386

Abstract

The change in the status of an Individual Limited Liability Company (PT) to a Conventional PT is a response to the need for legal adjustments for Micro and Small Enterprises (MSEs) that are experiencing business growth. This phenomenon emerged with the enactment of the Job Creation Law which provides ease of establishing a single legal entity, but poses new problems in terms of accountability and governance. This research uses a juridical normative approach with an analysis method of applicable laws and regulations and the integration of the principles of jurisprudence such as mas'uliyyah (responsibility), shirkah (business partnership), and maqāṣid al-syarī'ah (sharia goals). The results of the study show that the transformation of the status of a PT has a significant impact on the organizational structure and legal validity of the company, and demands the application of the principles of asset separation and business transparency that are in line with Islamic values. This study concludes that the change of status from an individual PT to a conventional PT is a strategic step that not only strengthens the legal position of business actors in the eyes of the state, but also brings business practices closer to the principles of justice, responsibility, and benefit as taught in Islamic law.
Fleksibilitas Hukum Islam dalam Menjawab Tantangan Hukum Keluarga, HAM dan Ekonomi Modern: Tinjauan Maqashid Syariah Kaunang, Gebby Chyntia Detta; Husain, Safarni
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.v4i2.387

Abstract

Islamic law is known as a divine legal system that has high flexibility in responding to the dynamics of society. In the modern era, challenges in the fields of family law, human rights, and the economy—especially the Islamic finance sector—demand contextual adjustments to keep Islamic law relevant. This article aims to examine how the flexibility of Islamic law is applied in dealing with these challenges through the maqashid sharia approach. This research uses a descriptive qualitative method with a normative-theological approach, through a literature study of classical and contemporary literature. The results of the study show that the principles of sharia maqashid, which include the protection of religion, soul, intellect, descent, and property, are an important foundation in answering modern problems. In the context of family law, the flexibility of Islamic law is reflected in regulatory updates such as the Compilation of Islamic Law (KHI) that is responsive to the needs of women and children. On human rights issues, the principles of justice and respect for human dignity have been embedded in Islamic teachings, although they still face challenges of interpretation. Meanwhile, the economic sector has shown significant success through the growth of an inclusive and adaptive Islamic banking industry. With the approach of sharia maqashid and contextual ijtihad, Islamic law has proven to be able to transform into a legal system that is not only normative, but also solutive and humanist in modern life.
Reformulasi Perubahan Data Jenis Kelamin: Integrasi Kepastian Hukum dan Moralitas Islam dalam Administrasi Kependudukan di Indonesia Nizam, Nabil; Alviani, Fitri Maulina
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.v4i2.388

Abstract

This study highlights how law can no longer be viewed from a single perspective in the era of globalization. Based on Werner Menski's triangular concept of legal pluralism, which combines the moral-ethical-religious, state, and societal perspectives, this research aims to reformulate the regulation of gender status change in the context of civil registration in Indonesia, ensuring greater legal certainty while grounding itself in religious moral considerations. A normative approach is applied in this study. The main findings reveal that the ratio legis of gender status change aims to protect and recognize the personal and legal status of every citizen. However, the relevance to Menski's triangle theory of legal pluralism is not yet fully reflected in the examination of applications at district courts. Hence, a legal reformulation of the Population Administration Law has become an urgent agenda.

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