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Tabayyanu : Journal of Islamic Law
Published by Yayasan Dar Arrisyah Indonesia
ISSN : -     EISSN : 30468426     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Tabayyanu Journal of Islamic Law is an open access. The subject covers textual and fieldwork studies with various perspectives of Islamic law. Tabayyanu, published twice a year, always places Islamic Law and Muslim in the central focus of academic inquiry and invites any comprehensive observation of Islam as a law and a system of society and Muslims as those who practice the religion with their many facets. The scope of journal is related to all issues related to islamic law aboth normative and empirical, or classic or contemporary studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
 1   2 
Tujuan Hukum : Perspektif Hukum Barat dan Hukum Islam Muhammad Zaid Anshari
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

This article is a study of two laws that apply in people's lives, namely Islamic Law and Western Law. This study aims to see the purpose of the existence of Islamic Law and Western Law, and see the comparison between the two that currently coexist and complement each other. The result of this research is the purpose of Islamic Law in terms of Maqoshid Ash-Shari'ah which includes guarding religion, guarding the soul, guarding offspring, guarding the mind, and guarding property. While the purpose of Western Law holds that law has three objectives, namely providing justice for every human being, providing legal certainty for society, and providing a sense of justice for society.
Sumber Qawaid Fiqhiyyah Dalam Lintas Mazhab dan Pengembangannya Dalam Studi Hukum Islam Adawiyah Nasution, Rabiatul; Muttaqin, Imamul
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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This research discusses the principles of jurisprudence, the basis of which existed during the time of the Prophet Muhammad and his companions. The principles of jurisprudence officially became an independent scientific discipline in the 4th century AH and onwards in the following centuries. The 10th century H is considered a phase of maturity and refinement of the rules of jurisprudence, namely during the time of Imam Suyuti (W. 911). After experiencing a period of maturity and refinement, the influence of schools of jurisprudence cannot be separated in forming the rules of jurisprudence. Therefore, each school of jurisprudence has its own style and characteristics of jurisprudential rules. The problem discussed in this research is how the rules of jurisprudence cross schools of thought and how to develop the rules of jurisprudence in the study of Islamic law. The type of research used is normative legal studies, namely examining books of jurisprudence written by scholars from across schools of thought. The results of this research are that the rules of jurisprudence across schools of thought are different and have different forms and styles, to develop the rules of jurisprudence across schools of thought in the study of Islamic law, it is necessary to do 3 things, namely establishing the rules of jurisprudence, perfecting the rules of jurisprudence and coming up with the rules of jurisprudence that are different. new.
Pembaruan Pemikiran Hukum Islam : Analisis Ijtihad Imam Al-Syafi’i  Dalam Konteks Qaul Qadim Dan Qaul Jadid Azmi, Armaya
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

The continuous evolution of Islamic law involves reactualization, reformulation, and modernization in response to changing social conditions. The understanding of Shariah and Fiqh is not static, as demonstrated by Imam Shafi'i's paradigm shift known as qaul qadim and qaul jadid. Successive scholars contribute new perspectives through works like summaries, commentaries, and annotations. Islamic countries, including Indonesia, actively engage in legal reforms, particularly in the domain of family and civil law codified in the Compilation of Islamic Law. This step is crucial for aligning Islamic legal norms with the realities and characteristics of the local society.
Gugat Cerai Karena Suami Tidak Memberi Nafkah Menurut Undang-Undang Perkawinan dan Hukum Islam Marito Daulay, Riski
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

: One of the obligations for a husband in domestic life is to provide for his wife. Therefore, it becomes a problem when the husband does not want to provide for his wife. This article was written in order to examine the divorce lawsuit made by a wife when the husband does not want to obey in the perspective of marriage law and Islamic law. The marriage law that is the reference is the marriage law in Indonesia. The research conducted was a library research by examining the opinions of scholars and applicable laws and regulations in Indonesia regarding marriage. In research, it was found that the husband not providing for the wife is one of the justified reasons for divorce or the wife can file for divorce.
Financial Technology Berdasarkan Prinsip Syariah dan Model Penggunaan Akad Dalam Fintech Syariah : Kajian Terhadap Fatwa DSN MUI Heri Firmansyah; Muhammad Rusydi; Irwan, Irwan; Mulyatno, Mulyatno
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Financial Technology or commonly abbreviated as fintech is a technology in financial transactions. This technology not only affects conventional financial transactions but also sharia finance. This article tries to explain how Financial Technology is based on sharia principles and models of using contracts in sharia fintech. The research Conducted is a library research with the main focus of the study being on the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN MUI) concerning sharia principles and models of using contracts in Financial technology. In research on fatwas it was found that the model of sharia contracts allowed in financial technology is al-ba'i, ijarah, mudharabah, musharakah, wakalah bi al-ujrah and qardh. 
Transaksi Cryptocurrency Dalam Perspektif Hukum Islam Ilham, Muhammad; Dwi Pamungkas, Erna
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

Transactions and investments using cryptocurrency in their application based on Islamic law are still debated. Cryptocurrency is a transaction tool that can be used easily and safely, but remember that cryptocurrency can be haraam because it is something whose physical condition is uncertain or unknown. It can be concluded that cryptocurrency is a digital currency where transactions can be carried out online. Unlike printed paper currency, cryptocurrencies are designed by solving mathematical problems based on cryptography. This currency was formed based on Cryptographic technology so that it cannot be easily duplicated or transferred to other parties who are not the owner and do not have access to this currency. In determining or establishing cryptocurrency laws, Islam has its own methods and reference sources, first from the Koran and second from al-Hadith, third from Qiyas and fourth from Sadd-adzariah. The pros and cons that occur in society regarding cryptocurrency have not yet reached a clear point. In Indonesia itself, the government has not taken a definite stance on the existence of cryptocurrency. Even cryptocurrency is not a legal means of payment in the country. This is in accordance with the regulations of Law No. 7, Article 1 Paragraph 1, 2011, that the means of payment accepted in Indonesia only use the Rupiah currency. From the perspective of Islamic law, cryptocurrency may contain elements of gharar and maysir, because its use is for speculation and its physical form cannot be seen.
Konsep Keadilan Pada Pernikahan Poligami : Analisa Politik Hukum Islam di Indonesia Nas, Zulkifli
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

Polygamous marriage is a form of marriage that has existed in human civilization for centuries. A husband has more than one wife so the potential for being unfair to his wives and children is very possible. Therefore, there is a need for a concept of justice in polygamous marriages and a policy is needed to formulate and implement it in society. The problem in this research is what is the concept of justice in polygamous marriages according to Islamic philosophers and legal experts ? What is the politics of Islamic law in Indonesia so that justice is realized in polygamous marriages ? The aim of this research is to formulate the concept of justice in polygamous marriages and explain the legal politics to realize justice in polygamous marriages in Indonesia. Philosophers and Islamic legal experts agree that the concept of justice in polygamous marriages is moral justice (al-qistu al-fardi) and social justice (al-adlu al-jama'i). There are two Islamic legal policies to realize justice in polygamous marriages, namely first formulating the rules for polygamous marriages written in Law No.1/1974, PP No.9/1975 and KHI, and secondly state and government intervention to grant permits for polygamy, determining the reasons may engage in polygamy, determine the conditions for polygamy and ratify the contents of the marriage agreement.        
Analisis Hukum Islam Terhadap Perkawinan Dengan Penderita Gangguan Jiwa Atau Bipolar Arinda, Syifa; Dinda Seplinar Batubara; Keisyah Yuvi Amanda; Latif, Abdul; M. Rifky Abdillah
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

 Marriage in Islam is a sacred bond that binds two individuals in a family relationship. However, challenges arise when one partner suffers from bipolar disorder, a mental condition characterized by extreme mood swings. This research aims to analyze Islamic law regarding marriage for bipolar sufferers, examine the views of ulama, and understand how this condition affects the validity and sustainability of marriage. The research method used is qualitative with a descriptive-analytical approach to fiqh literature, ulama fatwas, and case studies. The research results show that in Islam, transparency and honesty before marriage are highly prioritized, including disclosure of mental health conditions. Scholars agree that bipolar sufferers still have the right to marry, but the obligation to provide information to their prospective partner is important so that both parties can make the right decision.
Tinjauan Fiqih Muamalah Terhadap Akad Jual Beli Layanan Go-Food Pada Aplikasi Go-Jek Nur Fitria Habiba; Aulia, Najri; Al Husaini, M.Rifqi; Lubis, Junita; Febriani, Lusi; Anju Syahrin Marpaung
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 01 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

  Currently, buying and selling transactions in Islam are growing rapidly, this is due to the development of the times and technology that has developed so much from time to time until now. From this development comes some of our study material, namely about transactions that are developing, one of which is some services in online applications, among others, Go-food in the Go-jek application. In this problem, of course, it raises challenges for Muslims to examine these developing transactions, whether they are in accordance with Sharia or otherwise. And in the above problems, the researcher raises the title that has been described above to become material for study in order to find out several types of contracts contained in the service application in the online application. In this study, researchers used a qualitative approach in the form of normative juridical, the method used was concept analysis. Research is carried out by looking for reference sources that are relevant to the study of the title to be researched above, reverence materials to be researched, such as from the latest journals, books, magazines, and other reference materials. So it can be concluded that the results of this study, it is found that in the lease agreement occurs between the service provider company, namely go-jek with service providers or ojek drivers. From the problem of this agreement whether it is in accordance with Islamic law or has not fulfilled Islamic law, and this is where the researcher is to study further about some of the contracts that have occurred in this problem. And this research can also help readers about the kinds of transaction contracts that have developed over time, and hopefully it can add insight to the readers about the discussion above.
Pernikahan Usia Dini Dalam Perspektif Hukum Islam  Dan  UU Perkawinan Di Indonesia Manik, Melin; Aripa Syawalia; Putri Azri Sipahutar; Zahra Balqis Ananda Lubis; Mutiara Khalishah
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

In this article, we examine early marriage from the perspective of Islamic law and marriage law in Indonesia. The aim is to find out the flexible age limit if you want to get married as stipulated in the law, namely the minimum age for men and women is 19 years. However, there are still many marriages that occur below the specified age limit. This research uses qualitative research methods, namely using a field study and analytical descriptive approach. The results of this research show that in jurisprudence it is permissible to marry under the age of consent based on the provisions of statutory regulations. According to him, in marriage, maturity (maturity) is the most important thing, apart from having the physical and spiritual ability to form a family. Meanwhile, the law prohibits the continuation of marriages under this age limit, but there is still the option of carrying out a marriage through a marriage dispensation from the parents.

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