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Tabayyun : Journal of Islamic Studies
Published by Yayasan Dar Arrisyah Indonesia
ISSN : -     EISSN : 30465729     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
Tabayyun Journal of Islamic Studies invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related to Islam, Muslim society, and others which covers textual and fieldwork investigation with various perspectives of law, philosophy, mysticism, history, art, theology, sociology, anthropology, political science and others.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 74 Documents
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Rekonstruksi Hukum Kewarisan Islam Kontemporer dalam Perspektif Maqāṣid al-Syarī‘ah: Kajian atas Penundaan Pembagian Warisan, Pemerataan Hak Waris, dan Hibah Pra-Wafat di Indonesia Putri Melani; Heri Firmansyah
Tabayyun : Journal Of Islamic Studies Vol. 4 No. 01 (2026)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/06k9s747

Abstract

Contemporary Islamic inheritance law encounters various challenges resulting from social change, evolving notions of justice, and increasingly complex family property relations. In Indonesia, the postponement of inheritance distribution, the equalization of inheritance rights, and the use of inter vivos gifts (hibah) prior to death frequently raise legal debates because they appear to conflict with the normative framework of farā’iḍ. This study aims to reconstruct contemporary Islamic inheritance law through the perspective of maqāṣid al-sharī‘ah by examining these three issues within the context of Indonesian Islamic law. This research employs a normative legal method using statutory, conceptual, and analytical approaches. The study relies on primary legal sources, including the Qur’an, Hadith, and the Compilation of Islamic Law (KHI), as well as secondary sources from classical and contemporary Islamic legal scholarship. The findings indicate that postponement of inheritance distribution is permissible when justified by legitimate interests and does not prejudice the rights of heirs. Equalization of inheritance rights may be accommodated through consensual mechanisms such as ṣulḥ and at-takharruj after heirs understand their respective legal shares, as reflected in Article 183 KHI. Likewise, hibah may serve as a lawful instrument of wealth distribution and estate planning, provided that it is not used to undermine the inheritance rights of other heirs. Article 211 KHI functions as a corrective mechanism to ensure fairness in such circumstances. The study concludes that the reconstruction of contemporary Islamic inheritance law requires the integration of farā’iḍ, Islamic legal flexibility, Indonesian positive law, and the objectives of maqāṣid al-sharī‘ah in order to achieve justice, legal certainty, family harmony, and public welfare.
Problematika Pembagian Harta Bersama Pasca Perceraian dan Implikasinya terhadap Hak Kewarisan dalam Perspektif Fiqh Islam Alfi Syahrin; Annisa Salsabila Nasution; Jasmine Firdaus Harahap; Izdihar Naufal Al Wafi; M. Ryan pasha
Tabayyun : Journal Of Islamic Studies Vol. 4 No. 01 (2026)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/6qj78n85

Abstract

The issue of joint property distribution following divorce remains a significant legal concern in Indonesia, particularly when assets acquired during marriage are transferred to third parties and subsequently affect inheritance distribution. This study aims to analyze the legal status of joint property transferred to third parties after divorce and to examine its implications for inheritance rights from the perspective of Islamic law in Indonesia. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary legal materials include the Marriage Law, the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), and relevant judicial decisions, while secondary materials consist of scholarly books, journal articles, and legal doctrines. The findings reveal that joint property in Islamic law can be understood through the concept of syirkah (partnership), which recognizes the collective ownership of assets acquired during marriage. Consequently, the unilateral transfer of joint property to third parties without the consent of the other spouse constitutes a violation of the principles of justice, trust, and property protection (ḥifẓ al-māl), and such transfers may be legally challenged and annulled. Furthermore, unresolved disputes concerning joint property create legal uncertainty in inheritance distribution because the portion belonging to the former spouse must first be separated before the deceased’s estate can be distributed to heirs. Therefore, the settlement of joint property disputes serves as a legal prerequisite for the implementation of Islamic inheritance law and functions as an instrument to ensure legal certainty, justice, and the protection of property rights. The study contributes to the development of Islamic family law by demonstrating the interrelationship between post-divorce joint property disputes and inheritance law within the framework of syirkah and maqāṣid al-sharī‘ah.
Childfree di Indonesia: Analisis Yuridis atas Pertentangan Hak Reproduksi dan Kewajiban Ḥifẓ al-Nasl Kaila Hana Ramadhani; Habib Siddiq Siregar; Alila Natasya Berelaka; Mutia Nabilla Balqist Nasution; Nayla Kirana Gading Batubara
Tabayyun : Journal Of Islamic Studies Vol. 4 No. 01 (2026)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/t2ha5x16

Abstract

The childfree phenomenon, defined as a conscious choice by individuals or couples not to have children, has increasingly become a social discourse in Indonesia. This lifestyle raises complex legal and ethical questions, particularly regarding the balance between individual reproductive rights and the Islamic obligation of ḥifẓ al-nasl (preservation of lineage), a key principle within maqāṣid al-sharī‘ah. This study employs a normative-juridical approach, combining classical Islamic legal sources, contemporary scholarship, and human rights instruments, to examine whether childfree decisions can be reconciled with Islamic legal principles. The findings indicate that temporary or contextually justified childfree choices may align with maqāṣid principles, particularly when based on health, psychological, or socio-economic considerations. However, permanent childfree choices driven by individualistic or hedonistic motives may conflict with the preservation of lineage and family continuity. This research contributes to bridging the discourse between Islamic law and contemporary reproductive autonomy, emphasizing the need for adaptive legal interpretations that respect both individual rights and communal obligations.
Analisis Dugaan Korupsi Pengadaan Laptop Chromebook Kemendikbudristek Dalam Perspektif Hukum Islam Mhd Aryhta Yanfad Sitepu; Hafiizh Raihansyah Hafiizh Raihan; Tengku Mhd Radithya Othman; Sehat Saputra Tampubolon; Rezki Alfarizi Matondang Rezki Alfarizi
Tabayyun : Journal Of Islamic Studies Vol. 4 No. 01 (2026)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/phsmyt23

Abstract

  The alleged corruption in the procurement of Chromebook laptops by the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek) has become a significant issue in public financial governance, raising concerns not only from the perspective of positive law but also from the ethical and normative framework of Islamic law. This study aims to analyze the alleged procurement irregularities through the principles of amanah (trustworthiness), ghulul (misappropriation of public assets), and maslahah (public interest) in Islamic law. This research employs a qualitative method with a normative juridical approach based on library research, utilizing primary and secondary legal materials, scholarly literature, and relevant scientific publications. The findings indicate that the management of public assets in Islamic law is fundamentally based on the principle of amanah, which requires integrity, transparency, accountability, and responsibility in exercising public authority. Furthermore, the concept of ghulul provides an ethical framework for evaluating the misuse of public resources and abuse of authority that may undermine justice and public trust. Meanwhile, the principle of maslahah emphasizes that every public policy and budget allocation must be directed toward maximizing social welfare and preventing public harm. This study contributes to the development of contemporary Islamic legal scholarship by demonstrating that the principles of amanah, ghulul, and maslahah can serve as normative instruments for assessing public governance beyond the formal dimensions of positive law. Accordingly, strengthening ethical values rooted in Islamic law is essential for promoting transparent, accountable, and justice-oriented public financial management.  

Page 8 of 8 | Total Record : 74

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