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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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Perlindungan Hak Cipta Lagu pada Kasus Penggunaan Backsound Iklan dalam Perspektif Hukum Positif dan Hukum Islam: Studi Putusan No. 991 K/Pdt.Sus-HKI/2022 Ayudity, Meisa; Khutub , Muhammad
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.v4i2.389

Abstract

The use of songs as background sound in commercial advertisements often raises legal issues, especially when done without the permission of the creator. Protection of song copyright is important in guaranteeing the economic and moral rights of creators, both according to positive law and from the perspective of Islamic law. This study aims to analyze the decision No. 991 K/Pdt.Sus-HKI/2022 regarding copyright infringement of the song "Physical Freshness Gymnastics 1988" which was used in unauthorized advertising, as well as examine its relevance in the framework of maqāṣid al-sharī'ah, especially the protection of property rights (ḥifẓ al-māl). The method used is a normative juridical approach with qualitative analysis through literature studies of laws and regulations, court decisions, and contemporary fiqh literature. The results of the study show that the judge in the cassation decision has acknowledged the violation of the economic rights of the creator, but did not adequately accommodate immaterial damages. From the perspective of Islamic law, the act of using works without permission is classified as a form of prohibited property rights violation. This study emphasizes the importance of harmonization between positive law and protection principles in Islamic law in order to strengthen a fair and equitable copyright legal system.
Hak Ulayat sebagai Manifestasi Maqāṣid al-Sharī‘ah dalam Pengelolaan Sumber Daya Alam: Analisis Kasus Masyarakat Adat Dayak Kenyah di Kalimantan Timur Surono, Agus; Wenceslaus, Wenceslaus
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.v4i2.422

Abstract

This research departs from the paradox between the state's normative recognition of the rights of indigenous peoples and the reality of structural marginalization experienced by the Dayak Kenyah community in Pampang Village, East Kalimantan. Customary rights as a system of communal ownership have not only legal value, but also spiritual and ecological dimensions that are in line with the principles  of maqāṣid al-sharī'ah, in particular ḥifẓ al-māl (protection of property) and ḥifẓ al-bi'ah (protection of the environment). This study uses a normative legal approach supported by qualitative case studies to analyze the relationship between customary law, national law, and Islamic law in natural resource governance. Data was collected through analysis of laws and regulations, court decisions, and interviews with traditional stakeholders. The results of the study show that there is an overlap of sectoral regulations, complicated bureaucracy for verification of customary rights, and the dominance of state economic interests that get rid of customary authorities. The analysis of maqāṣid al-sharī'ah shows that the recognition of customary rights is a tangible manifestation of social justice and ecological responsibility mandated by Islamic law. Therefore, strengthening customary institutions, harmonizing sectoral regulations, and implementing the principle  of Free, Prior, and Informed Consent (FPIC) are strategic steps towards fair, sustainable, and maqāṣid governance.
Prinsip Maṣlaḥah dalam Penyelesaian Sengketa Tanah Adat: Kajian terhadap Praktik Musyawarah Adat Dayak Kenyah di Desa Pampang Hamid, Adnan; Syahrina R, Nurul Ain
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.v4i2.423

Abstract

This study aims to analyze the application of the maṣlaḥah principle in the dispute resolution mechanism of customary land among the Dayak Kenyah community in Pampang Village, Samarinda. This issue is significant because customary land functions not only as an economic asset but also as a source of identity, spirituality, and cultural sustainability. The maṣlaḥah approach in Islamic law offers an ethical framework that aligns with the communal justice and social harmony values upheld by indigenous communities. This research employs a qualitative method with a normative-empirical approach. Data were collected through the study of legislation, customary documents, interviews with traditional leaders, and direct observation of customary deliberation practices. The analysis connects the principles of maṣlaḥah mursalah and Islamic social justice theory with the indigenous dispute resolution practices that emphasize deliberation, consensus, and the balance of collective interests. The findings reveal that the Dayak Kenyah customary dispute resolution mechanism reflects maṣlaḥah values, particularly in maintaining collective welfare, preventing social division, and ensuring proportional justice distribution. However, its effectiveness remains limited due to the lack of formal recognition of customary decisions. This study recommends integrating the outcomes of customary deliberations into the national legal system to strengthen legal certainty and promote social justice based on maṣlaḥah values.
Sinergi Hukum Adat dan Hukum Islam dalam Penyelesaian Sengketa Tanah Adat : Studi Kasus Desa Adat Pampang, Samarinda Iriantoro, Agung; Sujatmiko, Sujatmiko
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.v4i2.424

Abstract

This study aims to analyze the synergy between customary law and Islamic law in the mechanism for resolving customary land disputes in Pampang Customary Village, North Samarinda. The problem of customary land in this region is not only related to the aspect of ownership, but also touches the social, spiritual, and cultural dimensions of the Dayak Kenyah community. The research approach uses qualitative methods with a combination of normative and empirical approaches, through the analysis of legal documents, interviews with traditional leaders, and observation of customary mediation practices. The results of the study show that dispute resolution in Pampang Village is carried out through a consensus deliberation mechanism led by the Customary Head, with an emphasis on the value of justice, social balance, and community peace. This mechanism has a substantive conformity with  the principle of ṣulḥ (peace) in Islamic law, which emphasizes peaceful, participatory, and equitable resolution of disputes. The research discussion emphasized that the integration between customary law and Islamic law can strengthen social legitimacy, increase legal certainty, and present a more contextual dispute resolution model for customary law communities. These findings have implications for the need for state recognition of customary decisions as part of a pluralistic and equitable national legal system.

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