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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 91 Documents
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Isbat Nikah dalam Legalitas Hukum Islam dan Perdata di Indonesia Perspektif Maslahah Mursalah Aziz, Abdul; Maksum, Ghufron; Nugraha, Iqbal Subhan
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.141

Abstract

Marriage validation is a crucial legal mechanism in Indonesia, especially for marriages that are not officially registered. This study explores marriage validation from the perspective of Maslahah mursalah, a principle in Islamic law emphasizing public interest and welfare. Maslahah mursalah serves to bridge legal gaps when the texts of Sharia law do not explicitly address specific situations, such as marriages that are religiously valid but unregistered. Within the framework of Indonesian civil law, marriage validation, which involves submitting a petition to the religious court, enables the formal recognition of marriages to ensure the protection of family rights, such as inheritance and alimony. The application of maslahah mursalah in marriage validation contributes to social justice by providing decisions that consider practical community needs and contemporary conditions. This research demonstrates how this principle can be integrated into positive law to address new challenges in family law enforcement, ensuring that legal decisions align with principles of justice and public welfare. Thus, marriage validation from the perspective of maslahah mursalah acts as a bridge between Sharia law and the realities of civil law in Indonesia.
Studi Komparatif Kualitas Komunikasi pada Pasangan Long Distance Marriage (LDM) dan Non-LDM Perspektif Interaksi Simbolik Saadah, Mazroatus; Sulthon, M.
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.v4i1.147

Abstract

Communication serves as a vital foundation in maintaining marital harmony, especially for couples in Long Distance Marriage (LDM) and those who are not. This study aims to analyze communication quality in both types of couples from the perspective of symbolic interactionism theory. This theory emphasizes that meaning is constructed through interaction, which is crucial for understanding relationship dynamics. The research employs a qualitative approach, conducting in-depth interviews with LDM and non-LDM couples. Findings reveal that LDM couples rely on digital technology to create communication symbols, such as video calls and text messages, as mediums of affection and emotional support. However, physical distance often challenges the full grasp of their interaction's meaning. In contrast, non-LDM couples benefit from direct physical presence, enriching the non-verbal dimension of their communication, yet are not free from potential conflicts due to high interaction intensity. This study concludes that communication quality is influenced not only by interaction intensity but also by the couples' ability to create and interpret relevant symbols within their relational dynamics.
Implementasi Kebijakan Pengelolaan Barang Milik Negara Berdasarkan Prinsip Hukum Islam di UIN Sultan Maulana Hasanuddin Banten Azim, Muhamad Fadli; Tejasunarya, Jaka Laksana; Ardiani, Mila Ayu; Efriyanah, Ernah; taufik, Trisna; Polindi, Miko; Diesy, Putri
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.v4i1.148

Abstract

This study aims to describe in detail the implementation of the State Property Management Policy (BMN) at UIN Sultan Maulana Hasanuddin Banten. The method used in this study is a qualitative descriptive method with data collection techniques through interviews, observations, and documentation related to BMN management. This study uses the policy implementation theory approach proposed by Donald Van Meter and Carl Van Horn, with six indicators as a reference. The results of the study show that the management of BMN at UIN Sultan Maulana Hasanuddin Banten is in accordance with Government Regulation Number 28 of 2020 concerning BMN/Regional Management and is in line with the implementation indicators developed by Van Meter and Van Horn. However, this study suggests that institutions review the Standard Operating Procedures (SOPs) for each type and category of BMN to improve management effectiveness. In addition, in Rector's Decree Number 180 of 2023 which regulates service rates at UIN SMH Banten, rental rates for laboratories, campus vehicles, and several other campus facilities have not been listed.
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.

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