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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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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.
Konsep Akad Salam pada Jual Beli Pre Order Online Shop dalam Perspektif Hukum Islam Reza Safri Nasrullah, Muhammad; Zaibi Amalia, Nur; Mu’is, 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.v4i1.165

Abstract

This research aims to examine the suitability of the concept of salam contract in Islamic law with the pre-order buying and selling system in online shops, and analyze its implementation in creating fair and Sharia-compliant transactions. The salam contract, as a form of contract in muamalah fiqh, allows for advance payment for goods that will be delivered at a later date. This characteristic has relevance to the pre-order system that is widely used in digital transactions today. This research uses the library research method. Data were collected through a literature study of primary and secondary sources, such as fiqh books, scientific journals, and relevant papers. The analysis is conducted to identify the similarities in principle between salam and pre-order contracts, and evaluate the potential problems that may arise in their application. The results show that the salam contract can be used as a reference in the pre-order system, as long as it fulfills the sharia requirements, such as full payment in advance, clarity of goods specifications, and certainty of delivery time. The application of the salam contract principle to pre-order sales in online shops not only strengthens the sharia legal aspects, but also increases the trust between sellers and buyers. This research confirms that the salam contract is a flexible and relevant solution in modern sharia-based economic transactions.
Aktualisasi Nilai Historis & Teoritis dalam Pemberlakuan Hukum Islam di Indonesia Azzahra, Fatimah; Mutawali, Muhammad; Syukri, Syukri
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.v4i1.173

Abstract

Islamic law is a set of Islamic rules and norms sourced from the Quran and Hadith, coupled with the sources of Islamic law in the form of Ijma' and Qiyas, and the sources of ijtihad that are still debated by scholars in their use in the form of Istihsan, Istislah, Istishab, Maslahah Mursalah, 'Urf, Sar'u Man Qablana, and so on. The history of the birth of Islamic law began with the appointment of Muhammad as the last Prophet and Apostle, and was sent to this earth as the recipient of divine revelation that must be disseminated to his people until the Day of Resurrection arrives. The revelations collected into the Qur'an contain all the rules that are allowed and not allowed to be done as believers. The Quran and Hadith are final even though they can still be interpreted according to the development of the times until now. With the spread of Islam to all corners of the world, Islamic law is also included in it. Islam reached Indonesia at a time when the Hindu-Buddhist kingdoms still ruled Indonesia. Islam was brought peacefully by Arab and Indian traders so that it could be well received by the indigenous people at that time. The implementation of Islamic law in Indonesia has occurred since the birth of Islamic kingdoms until the current modern Indonesian era. This is evidenced by the use of Islamic law as the basis / source of various rules in Indonesia
Nyongkolan dalam Perspektif Hukum Islam dan Hukum Adat: Integrasi Tradisi dan Syariat dalam Pernikahan Masyarakat Sasak Yudha, Gesit; Santoso, Rudi; Hadaiyatullah, syeh Sarip; Fikri, Arif; Irawan, Rudy
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.v4i1.182

Abstract

The Nyongkolan tradition is a distinctive marriage procession within the Sasak community in Lombok, West Nusa Tenggara, which combines elements of customary law with Islamic law. This study aims to examine how the integration of Islamic law and Sasak customary law occurs in the implementation of Nyongkolan, as well as the challenges faced in harmonizing the two. Using a descriptive qualitative approach, data was obtained through in-depth interviews, participatory observation, and documentation involving religious leaders, customary figures, and members of the Sasak community involved in the marriage procession. The findings of the study show that although there is potential conflict between the principle of simplicity in Islam and some customary elements considered excessive, both Islamic law and customary law play important roles in strengthening the relationship between the two families of the bride and groom, as well as preserving local cultural values. Dialogue and mutual understanding between religious leaders and customary figures are necessary to achieve harmonious integration between the two. This study reveals the importance of maintaining a balance between tradition and religious teachings to preserve the essence of a marriage that is legitimate both in terms of religion and culture, as well as enriching the identity of the Sasak community.
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.
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.

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