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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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Perlindungan Hak Nafkah Anak dari Perkawinan Siri: Kajian Itsbat Nikah Dalam Perspektif Hukum Islam Dan Keadilan Warisni, Rinrin; Heniarti, Dini Dewi; Nurhasanah, Neneng
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.v4i2.284

Abstract

The increasing prevalence of unregistered (siri) marriages in Indonesia has raised serious social concerns and legal challenges, particularly regarding the protection of children's rights. Children born from siri marriages are often deprived of their legal entitlements, especially the right to financial support (nafaqah), due to the absence of official marriage registration that provides legal certainty. This study aims to analyze the role of itsbat nikah (marriage validation) as a legal mechanism to guarantee the child’s right to maintenance in the context of siri marriages. Using a normative juridical approach and library research method, the study draws from national regulations—such as Law No. 1 of 1974 and the Compilation of Islamic Law (KHI)—as well as Islamic legal doctrines and the framework of maqāṣid al-sharī‘ah. The findings reveal that the lack of legal documentation places children in a vulnerable and discriminatory position, especially in accessing their rights. Marriage registration is a crucial step toward ensuring justice and legal protection for children. Within the Islamic legal perspective, safeguarding children's welfare aligns with the objective of preserving lineage (ḥifẓ al-nasl) and promoting family well-being. Itsbat nikah services are thus viewed as a strategic state policy that addresses the legal gaps arising from unregistered marriages. This study recommends strengthening the accessibility, affordability, and efficiency of itsbat nikah procedures as a tangible form of state responsibility in securing justice for children and upholding the protective function of the law.
Protection and Status of Children Born Outside of Marriage: A Fiqh Perspective Of Indonesia And Brunei Darussalam Khairuddin, Khairuddin; Rini, Etika; Purwaningsih, Titin; Sugianto, Heri; Ismail, Habib; Lubis, Rahmad
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.v4i2.320

Abstract

This study discusses the problem of protection and the position of children out of wedlock in Indonesia and Brunei Darussalam, especially in the context of differences and similarities in legal policies between the two countries based on the perspective of Islamic jurisprudence. Children out of wedlock often face serious legal and social challenges, such as limited recognition of biological fathers, inheritance rights, and inherent social stigma. This research uses a qualitative approach with the library research method. Data was collected from a variety of relevant secondary sources, including scientific journals, law and jurisprudence books, as well as official documents such as national laws and regulations and Constitutional Court rulings in Indonesia. The analysis was carried out comparatively by examining the policy of protection of children out of wedlock in Indonesia and Brunei Darussalam from the perspective of positive law and Islamic jurisprudence. The results of the study show that Indonesia has adopted a relatively more inclusive policy in providing protection for the rights of children out of wedlock through legislative reforms and Constitutional Court rulings. However, its implementation is still hampered by social factors such as societal stigma and low legal awareness. Meanwhile, Brunei Darussalam, which strictly applies Sharia law, shows a tendency towards more limited protection, especially related to the recognition of inheritance rights and the civil status of children out of wedlock. This article concludes that the differences in legal approaches in the two countries reflect the dynamics of Islamic jurisprudence interpretation in the context of modern countries. Both Indonesia and Brunei need to improve public legal literacy and make efforts to reduce social stigma to ensure more effective and equitable protection for children out of wedlock.
Implementasi Peraturan Bupati Padang Lawas Utara Nomor 24 Tahun 2023 dalam Penyelenggaraan Pilkades Perspektif Siyasah Dusturiyah : Studi Kasus Desa Ujung Batu Jae Kecamatan Ujung Batu) Harahap, Fitriani; Harahap, Mhd. Yadi
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.v4i2.349

Abstract

The election of the Village Head (Pilkades) is a tangible form of democracy at the local level which should ideally be carried out honestly, fairly, and transparently. However, in its implementation, there are still many irregularities that hurt these democratic values. One of the crucial problems is the occurrence of fraud in the nomination stage of the village head. This study highlights the implementation of the North Padang Lawas Regent Regulation Number 24 of 2023 concerning Guidelines for the Implementation of the Regional Elections, especially in overcoming fraud that occurs in Ujung Batu Jae Village, Ujung Batu District, North Padang Lawas Regency. The fraud that occurs includes the practice of partisanship, injustice, nepotism, and collusion by the election committee, which is contrary to Article 11 paragraph (6) of the Perbup which requires the committee to be independent and impartial. This study uses an empirical legal approach with two analysis methods, namely the statute approach and the case study approach. Data were collected through primary sources (interviews, field observations) and secondary sources (legal documents and Islamic literature). The location of the study was centered in Ujung Batu Jae Village as a representation of cases of violation of regulations in the Pilkades. The research results show that the implementation of this Regent's Regulation has not been optimal. Of the 108 villages scheduled to hold simultaneous village head elections in North Padang Lawas Regency, 105 have completed the stages optimally. However, there are several villages, including Ujung Batu Jae Village, that have experienced serious obstacles due to strong indications of fraud at the nomination stage. The fraud found included the disenfranchisement of certain candidates, administrative manipulation, and the influence of kinship relationships in the committee structure. From the point of view of Siyasah Dusturiyah as part of the fiqh siyasah, violations of the basic principles of Islamic constitutionality were found, namely: 1) Amanah (al-amanah): The committee does not carry out its duties with full responsibility and neutrality. 2) Justice (al-'adl): Certain candidates are treated unequally, which harms the principles of public justice. 3) Public interest (al-maslahah al-'ammah): This fraud has a negative impact on social stability and creates conflicts in society.
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
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.
Interfaith Marriage in Contemporary Islamic Family Law: Analysis of 2005 Indonesian Ulama Council (MUI) Fatwa Number 4 about Interfaith Marriage based on the Theory of Al-Maslahah Al-Mursalah Burhanudin, M.; Budi Wibowo, Muhammad Kurniawan; Pradana, Aditya Fajri Kurnia
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.v4i2.262

Abstract

Purpose – This study aims to investigate the Fatwa of the 2005 Indonesian Ulama Council (MUI) Number 4 on interfaith marriage, which is based on al-Maslahah al-Mursalah theory, and determine its relevance and contribution to community well-being. This study will investigate how the Indonesian Ulama Council (MUI) sees interfaith marriage and how this fatwa can help achieve benefits while avoiding harm in national life. Methods – This study employs library research methods with a normative approach, with literature data serving as the primary source. In this case, the study focuses on the Indonesian Ulama Council (MUI) Fatwa No. 4 of 2005 on Interfaith Marriages, which is based on the al-Maslahah al-Mursalah theory. Findings – The findings of this study indicate that MUI strictly prohibits interfaith marriage because can destroying faith, social cohesion and family harmony. Several scholar such as Hamka, Quraish Shihab and Musdah Mulia have diverse opinions about interfaith marriages, reflects wider debates regarding modernity in the context of Islamic Law. This research confirms the relevance of fatwas in dealing with contemporary issues while maintaining religious principles and societal dynamics. Research limitation – This research is limited to a normative study regarding the MUI fatwa on interfaith marriage and the role of this fatwa in maintaining public welfare. Given these limitations, future research is expected to expand on the findings of this study by employing an empirical approach that integrates other sciences.
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.

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