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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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Outsourcing Tenaga Kerja: Analisis terhadap Maslahat dan Mafsadat yang Ditimbulkan Menurut Hukum Islam Arsad Nasution, Muhammad; Siregar, Rosnani
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.v4i1.256

Abstract

The outsourcing system in employment is a contemporary phenomenon that is not explicitly known in Islamic law. However, this system has similarities with the shirkah contract of abdan in the muamalah of Islam. The question that arises is how Islamic law responds to the practice of outsourcing and whether this system brings benefits to workers or actually causes mafsadat. This study aims to examine the impact of the outsourcing system on the welfare of workers through the maslahah approach, especially the concepts of istihsan and mashalih al-mursalah. This study uses a qualitative method based on literature review by analyzing data from various journals and related literature. The results of the study show that the outsourcing system causes more mafsadat than benefit. Outsourced workers often experience injustices, such as substandard wages, lack of benefits and social security, and weak legal protections due to unclear employment relationships between labor providers and service users. In addition, they are also limited in their right to unionize. In conclusion, the outsourcing system benefits companies more than workers. Therefore, from the perspective of Islamic law, this mechanism should be limited to training and recruitment providers, while workers placed in a company should be appointed as permanent employees.
Saddu Dzari’ah Menurut Imam Syafi’i dan Aplikasinya dalam Mu’amalat Maliyah Nofrizal, Okri Nofrizal
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.v4i1.257

Abstract

There are certain issues (mustajaddad) that cannot be found empirically from the texts, but the methodological framework is crystallized from the postulates which are qath'i as a form of Islamic law management method called Saddu Dzarî'ah. A mujtahid who initiated the istinbât methodological framework who is famous for his maqâshid is Imam Syafi'i  (past a way 204 H). It is unique, when someone justifies that Imam Shafi'i does not recognize Saddu Dzarî'ah. The purpose of writing this thesis is to answer the real view of Imam Shafi'i regarding Saddu Dzarîah.  This research belongs to the category of qualitative research based on document (text) studies that focus on Imam Syafi'i's views regarding Saddu Dzarî'ah in the process of finding Islamic law. The research process was carried out using the ushul fiqh and comparative fiqh approaches. The discussion in this study uses the document study method. After conducting an in-depth study and analysis of the book Al-Umm, it was found that Imam Shafi'i acknowledged Saddu Dzari'ah either as a proposition (mashadir Al-Ahkam) or as makharij fiqhiyah.
Rekonstruksi Perkawinan Nyentana dalam Masyarakat Bali: Perspektif Kesetaraan Gender Dharmayani, Dharmayani; Karini, Eti; Ismail , Habib; Iwaannudin, Iwaannudin; Arsyad, Mufid
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.v4i1.258

Abstract

This research aims to explore and analyze the reconstruction of nyentana marriage in Balinese society from a gender equality perspective. Nyentana marriage, which involves the groom living with the bride's family, is a unique tradition that has the potential to elevate the status of women and promote gender equality. However, negative stigma towards this type of marriage still exists in certain segments of Balinese society, as it is considered to conflict with the dominant patrilineal customary norms. This study uses a qualitative approach with a case study method in several regions of Bali, including Tabanan, Gianyar, and Badung. Data were collected through in-depth interviews with couples practicing nyentana marriage, customary leaders, and religious figures, as well as participatory observations during nyentana wedding ceremonies. Thematic analysis was employed to identify the factors influencing the acceptance or rejection of this tradition and its impact on gender equality. The research findings indicate that despite challenges posed by negative stigma, nyentana marriage has the potential to alter social structures and strengthen the position of women in Balinese society. Therefore, the role of customary institutions and religious leaders is crucial in supporting a better understanding of gender equality through this tradition. This research is expected to provide new insights into how the nyentana marriage tradition can contribute to achieving gender equality goals and support sustainable development in Bali.
Keadilan Substantif dalam Sengketa Agraria: Analisis Putusan Sleman dari Perspektif Maqāṣid al-Sharī‘ah Toruan, Daniel Natanael Lumban; Djaja, Benny
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.v4i2.318

Abstract

This article examines the issue of buying and selling land under the hand that creates tension between formal legality and substantive justice in agrarian justice practice, with a focus on Decision Number 291/Pdt.G/2021/PN.Smn in Berbah District, Sleman. The practice of buying and selling land without involving the Land Deed Making Officer (PPAT) and without registration at the Land Office is contrary to Article 37 paragraph (1) of Government Regulation Number 24 of 1997, so that legally positive cannot be used as a basis for the transfer of rights. This research uses a juridical-normative approach with a critical analysis of agrarian law norms, civil law rules, and maqāṣid al-sharī'ah—especially ḥifẓ al-māl (protection of property) and substantive justice (al-'adālah al-jawwāniyyah). The results of the study show that the panel of judges in the decision applied legal logic that is not only textual-formal, but also responsive to social realities and the good faith of the parties. This reflects an integrative effort in bridging normative law and the values of justice in society through the maqāṣid approach. This article emphasizes the urgency of reforming the understanding of public law and the need to reposition the role of the state in ensuring substantive justice in agrarian disputes involving small people.
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.
Kajian Fikih terhadap Praktek Gadai Emas di Pegadaian Syariah Sumbawa Perspektif Hukum Islam Irawan, Feri; Addi Pratama, Muhammad; Mawarni, Iga; Adekantari, Sasmita
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.v4i2.202

Abstract

This study aims to examine the practice of gold pawning in Sharia Pawnshops in Sumbawa Regency from the perspective of Islamic law. Gold pawning is a form of sharia-based financing service that is in great demand by the public. However, the implementation of this service contains a number of aspects of fiqhiyyah that need to be studied in depth, especially related to the validity of the contract, the clarity of costs, and the application of the principle of justice in accordance with sharia provisions. This research uses a qualitative approach with a descriptive-analytical method. Data was obtained through in-depth interviews with Sharia Pawnbrokers and customers, as well as literature studies on fiqh literature and regulations related to sharia pawns. The results of the study show that in general, the Sharia Pawnshop of Sumbawa Regency has implemented two types of contracts in accordance with sharia principles, namely the rahn (pawn) and ijarah (rent) contracts. However, there are still several obstacles in the field, such as the lack of public understanding of the contract mechanism used, and the lack of transparency in the imposition of administrative fees, which has the potential to cause doubts (syubhat). Based on fiqh analysis, the practice of gold pawning at Sumbawa Sharia Pawnshops can be categorized in accordance with the principles of Islamic law as long as it avoids the elements of riba and gharar, and upholds the principles of openness and justice. This study recommends increasing Islamic financial literacy for the community and strengthening information transparency by Pegadaian so that this service is more optimal and in line with Islamic legal values.
Hak Reproduksi Perempuan dalam Islam: Telaah Normatif Dan Dampak Psikologis Pengabaian Winarni, Winarni; Wardatun, Atun; Purnamasari , Teti Indrawati
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.v4i2.209

Abstract

Women's reproductive rights are an inseparable part of human rights, firmly guaranteed within Islamic teachings. This article aims to examine the normative foundations of women’s reproductive rights in Islam and to analyze the psychological consequences of neglecting these rights within marital life. This study employs a normative and descriptive-qualitative approach based on library research, drawing from classical and contemporary Islamic legal sources as well as relevant psychological literature. The findings show that Islam offers comprehensive protection for women's reproductive roles. Four fundamental rights are emphasized: the right to choose a life partner, the right to enjoy dignified and healthy sexual relations, the right to make conscious and responsible decisions regarding pregnancy, and the right to raise and care for children in a supportive environment. When these rights are denied—either by the spouse or societal structures—women become vulnerable to serious psychological pressures, including chronic stress, depression, loss of self-worth, and in many cases, divorce as a form of resistance against injustice. Promoting awareness and respect for women’s reproductive rights is essential as part of safeguarding the objectives of Islamic law (maqāṣid al-sharī‘ah), especially the protection of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl). This article recommends gender-based education and spiritual approaches to foster mentally healthy, just, and harmonious family life.
Konvergensi Hukum Islam dan Undang-Undang Perlindungan Anak dalam Perkawinan Anak di Indramayu Fikri, Arif; Burhanuddin, Ahmad; Santoso, Rudi; Ismail, Habib
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.v4i2.211

Abstract

The practice of child marriage in Indramayu Regency remains a complex social issue, despite various efforts being made to address it. This study aims to analyze the convergence between Islamic Law and the Child Protection Law in handling child marriage cases in the region, as well as to identify the factors that influence the success or failure of the implementation of both legal systems in protecting children's rights. The method used is qualitative research with a case study approach, where data is obtained through in-depth interviews with relevant informants, field observations, and document and secondary data analysis. The research findings show that although Islamic Law allows child marriage under certain conditions, the Child Protection Law explicitly prohibits it to safeguard children's rights. However, the implementation of both legal systems is often hindered by social, cultural, and economic factors, such as poverty, arranged marriages, and the mental and physical unpreparedness of children for marriage. The synergy between the two in the local context has not been fully optimized, although there have been efforts to strengthen policies from the local government, including the enhancement of education and supervision. Therefore, this study recommends the need to strengthen policies, raise public awareness, and foster synergy between the government, legal institutions, and civil society organizations to prevent child marriage practices and protect children's rights in Indramayu Regency.
Hak Asasi Manusia dalam Dua Lensa: Komparasi Filosofis dan Prinsip Antara Perspektif Internasional dan Islam elkarimah, Mia Fitriah
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.v4i2.223

Abstract

This study explores the philosophical foundations, principles, and  comparisons of human rights from an international perspective (Universal Declaration of Human Rights/UDHR) and Islam (sourced from Medina Charter, and Cairo Declaration). Through literature review and descriptive-comparative analysis , it was found that although both perspectives acknowledge the inherent dignity of humans and basic rights, there are fundamental differences in the sources (natural dignity vs. divine revelation) and limitations of rights (e.g., related to freedom of religion and expression). Historically, both Western and Islamic traditions have developed frameworks for the protection of rights, with the Medina Charter as an early progressive document in the context of pluralism. The dynamics of modern human rights enforcement reveal a paradox between universalism and cultural relativism. However, through dialogue and harmonization—particularly through flexible reinterpretation of Islamic concepts such as ijtihad—it is possible to bridge these differences. This study concludes that the recognition and implementation of human rights can be strengthened globally and in the Islamic world, encouraging cross-cultural cooperation for equitable and sustainable social development.
Aspek Maslahah dalam Praktik Poligami Perspektif Maqasid al-Syari’ah dan Regulasi Hukum Keluarga Islam di Indonesia Hikmah, Nisrina Durratul; Muhasim, H. Ahmad
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.v4i2.225

Abstract

Polygamy is one of the important issues in Islamic family law that continues to be debated in various circles, both at the academic, social and political levels. In practice, many individuals are unable to fulfill the requirements of justice as stipulated in the Qur'an, so the practice of polygamy often results in negative impacts such as social inequality, gender injustice, and domestic conflict. This article aims to identify aspects of maṣlaḥah in the practice of polygamy from the perspective of maqaṣid al-syari'ah and legal regulations in Indonesia. Using a literature study approach, it is found that polygamy can provide maslahat in the context of protecting women, preserving offspring, social justice, and solving individual problems. However, the achievement of maslahat is highly dependent on the implementation of the principles of justice and responsibility. National regulations such as Law No. 1/1974 and KHI are important normative tools in ensuring the practice of polygamy in accordance with sharia values and the objectives of Islamic family law.

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