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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 22 Documents
 1   2   3 
Rekonstruksi Tujuan Hukum dalam Perspektif Hukum Barat dan maqāṣid al-syarī‘ah : Analisis Filosofis terhadap Keadilan, Kemanfaatan, dan Kemaslahatan Muhammad Zaid Anshari Nasution
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/h6jvqb75

Abstract

The purpose of law is a fundamental topic of discourse in the philosophy of law and Islamic law because it is directly related to the orientation of norm-setting, the enforcement of justice, and the protection of human interests. This article aims to analyze a comparison of the purposes of law from the perspectives of Western law and Islamic law, emphasizing the relationship between the concepts of justice, legal certainty, utility, and maqāṣid al-syarī‘ah. This study employs a normative legal method with a philosophical and conceptual approach through a literature review of contemporary works on the philosophy of law, ushul fiqh, and maqāṣid al-syarī‘ah. The results of the study indicate that Western law generally prioritizes justice, legal certainty, and utility as the primary orientations of law, although these three objectives often exist in a dynamic and conflicting relationship. Meanwhile, Islamic law views law not only as serving to maintain social order but also as realizing human welfare holistically through the protection of religion, life, intellect, lineage, and property. This study affirms that the maqāṣid al-syarī‘ah possesses a more comprehensive dimension compared to Western legal purpose theories because it is not only oriented toward worldly interests but also integrates moral, social, and spiritual dimensions. This article contributes to the development of contemporary Islamic legal philosophy, particularly in fostering a theoretical dialogue between Western legal traditions and the maqāṣid al-syarī‘ah in the context of modern society. 
Sumber Qawaid Fiqhiyyah Dalam Lintas Mazhab dan Pengembangannya Dalam Studi Hukum Islam Rabiatul Adawiyah Nasution; Imamul Muttaqin
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/8fqdfr22

Abstract

Qawā'id fiqhiyyah constitute one of the essential methodological foundations in Islamic legal reasoning, functioning as a bridge between detailed juristic rulings (furū‘) and broader legal principles. Although numerous studies have examined Islamic legal maxims, most of them focus on individual schools of law or the application of universal legal maxims in specific legal fields. Comparative studies that comprehensively examine the primary sources of qawā'id fiqhiyyah across the four Sunni schools of law and analyze their contribution to the development of contemporary Islamic legal studies remain relatively limited. This article aims to analyze the principal sources of qawā'id fiqhiyyah within the Hanafi, Maliki, Shafi'i, and Hanbali schools while examining their methodological characteristics and their relevance to the contemporary development of Islamic law. This study employs normative legal research based on library research using historical, comparative, and doctrinal approaches. Primary data are derived from classical works of qawā'id fiqhiyyah representing each school of law, while secondary data consist of scholarly books and recent academic publications. The findings demonstrate that each school developed legal maxims according to its own epistemological framework and legal methodology, resulting in distinct patterns of legal reasoning despite sharing several universal principles. The comparative analysis further indicates that the diversity of legal maxims across the schools enriches Islamic legal methodology and provides a flexible framework for addressing contemporary legal issues in areas such as Islamic finance, digital technology, bioethics, environmental protection, and public policy. This study contributes to strengthening comparative studies of Islamic legal maxims and highlights their continuing significance as an adaptive methodology for contemporary Islamic legal development.
Pembaruan Hukum Islam dalam Perspektif Ijtihad Imam al-Syafi'i: Analisis Transformasi Qaul Qadim dan Qaul Jadid terhadap Dinamika Perubahan Sosial Armaya Azmi
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/4cvvmd75

Abstract

The dynamic development of society has generated various emerging legal issues that require continuous renewal within Islamic legal thought. In this context, Imam al-Shafi'i's ijtihad through the transformation from qaul qadim to qaul jadid represents a significant model of Islamic legal reform, demonstrating that fiqh is not a static body of law but is capable of reformulation in response to social, cultural, political, and intellectual changes while maintaining the authority of the Qur'an and Sunnah as the primary sources of Islamic law. Although studies on qaul qadim and qaul jadid have been widely conducted, most remain descriptive and historical, with limited attention given to their epistemological significance and their relevance to contemporary Islamic legal reform, particularly within the Indonesian legal context. This study aims to analyze the transformation of Imam al-Shafi'i's legal reasoning, identify the factors underlying his revision of legal opinions, and examine its implications for contemporary Islamic legal development. This normative legal research employs conceptual, historical, and usul al-fiqh approaches. Data were collected through library research using Imam al-Shafi'i's primary works, classical Islamic legal literature, and recent national and international scholarly publications, which were analyzed using qualitative descriptive methods. The findings reveal that the transition from qaul qadim to qaul jadid should not be understood as inconsistency but rather as evidence of methodological flexibility in Islamic legal reasoning that accommodates stronger textual evidence, changing social realities, local customs, and public interest (maslahah) within the framework of Islamic legal methodology. This study argues that Islamic legal reform should integrate textual authority, methodological rigor, and contextual awareness. It contributes theoretically by reaffirming that legal renewal is an inherent epistemological process within the Islamic legal tradition and offers practical implications for the development of Indonesian Islamic law in addressing contemporary societal changes while preserving its normative legitimacy.
Gugat Cerai Karena Suami Tidak Memberi Nafkah Menurut Undang-Undang Perkawinan dan Hukum Islam Riski Marito Daulay
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 01 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/eb7x1y37

Abstract

This study examines divorce lawsuits filed by wives due to the husband’s failure to provide maintenance (nafkah) from the perspective of Indonesian Marriage Law and Islamic family law. Marriage in both national and Islamic legal systems aims to establish a harmonious family characterized by tranquility (sakinah), affection (mawaddah), and compassion (raḥmah). However, neglect of maintenance obligations has become one of the dominant causes of divorce cases in Indonesian Religious Courts. This research employs a normative juridical method using statutory and conceptual approaches. The analysis focuses on Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and Islamic legal doctrines regarding maintenance obligations and divorce. The study finds that providing maintenance is not only a moral and religious responsibility but also a legal obligation of the husband. Failure to fulfill this obligation continuously may serve as a legitimate legal basis for a wife to file for divorce before the Religious Court. The research further demonstrates that neglecting maintenance constitutes a violation of the wife’s civil rights and contradicts the fundamental objectives of marriage under both Indonesian law and Islamic legal principles. The novelty of this study lies in its integrative analysis combining national marriage law, Islamic family law, and the concept of civil liability (wanprestasi) within marital relations. This study contributes to strengthening legal protection for wives and emphasizes the importance of enforcing maintenance obligations to preserve justice and harmony in family life.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/cmk24k71

Abstract

The rapid development of Financial Technology (fintech) has significantly transformed the global financial system, including the Islamic financial sector. In Indonesia, the emergence of sharia-based fintech reflects the increasing demand for digital financial services that comply with Islamic legal principles. However, the implementation of fintech within the framework of Islamic law raises important juridical issues, particularly regarding the validity and application of contracts (akad) used in digital financial transactions. This study aims to analyze the concept of sharia fintech based on Islamic principles and examine the models of contracts applied in sharia fintech according to the fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). This research employs a normative juridical method using a statutory and conceptual approach by analyzing relevant DSN-MUI fatwas, Islamic legal doctrines, and related regulations concerning technology-based financial services. The findings reveal that sharia fintech must operate in accordance with fundamental Islamic principles by avoiding elements of riba (usury), gharar (uncertainty), and maisir (gambling). Furthermore, the study identifies several permissible contracts used in sharia fintech, including al-ba’i, ijarah, mudharabah, musyarakah, wakalah bi al-ujrah, and qardh. These contracts function as the primary legal instruments for ensuring sharia compliance in digital financial transactions. This study contributes to the development of Islamic economic law by providing a juridical analysis of sharia contract implementation in contemporary fintech practices and reinforcing the role of DSN-MUI fatwas as normative legal foundations for digital Islamic finance in Indonesia.
Analisis Hukum Islam terhadap Legalitas Transaksi Cryptocurrency di Indonesia: Pendekatan Ushul Fikih dan Regulasi Keuangan Digital Muhammad Ilham; Erna Dwi Pamungkas
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/bn5m4n55

Abstract

The rapid expansion of digital financial technology has transformed contemporary financial systems and accelerated the emergence of cryptocurrency as a new form of digital asset. Its growing adoption has generated complex legal debates concerning its legitimacy under both Indonesian positive law and Islamic law. Existing studies predominantly examine cryptocurrency through the normative concepts of gharar, maysir, and riba, while relatively few integrate the methodology of uṣūl al-fiqh, maqāṣid al-sharī‘ah, and Indonesia's evolving digital financial regulatory framework. This study aims to analyze the legality of cryptocurrency transactions from the perspective of Islamic law by integrating uṣūl al-fiqh, maqāṣid al-sharī‘ah, and Indonesia's digital financial regulations. This research employs normative legal research using statutory, conceptual, and uṣūl al-fiqh approaches. Primary legal materials consist of the Qur'an, Hadith, statutory regulations, and relevant religious fatwas, while secondary materials include scholarly books and peer-reviewed journal articles. Data were analyzed qualitatively through descriptive and analytical methods. The findings demonstrate that cryptocurrency is not recognized as a lawful means of payment under Indonesian law but is legally acknowledged as a regulated digital asset within the national digital asset trading framework. From the perspective of Islamic law, cryptocurrency may be classified as māl (property) rather than thaman (money), and its legal status cannot be determined categorically. Instead, its legality depends upon the purpose of the transaction, compliance with applicable regulations, the absence of prohibited elements such as excessive gharar, maysir, and riba, and its consistency with the objectives of maqāṣid al-sharī‘ah, particularly the protection of property (ḥifẓ al-māl) and public welfare (maṣlaḥah). This study contributes to the literature by proposing an integrative legal framework that combines uṣūl al-fiqh, maqāṣid al-sharī‘ah, and digital financial regulation to formulate contextual parameters for assessing the legality of cryptocurrency transactions in Indonesia's contemporary digital economy.  
Konsep Keadilan Pada Pernikahan Poligami : Analisa Politik Hukum Islam di Indonesia Zulkifli Nas
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/gw419f96

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.        
Legal Capacity of Individuals with Bipolar Disorder in Islamic Marriage Law: Integrating Ahliyyah al-Adā’ and Maqāṣid al-Syarī‘ah Syifa Arinda; Dinda Seplinar Batubara; Keisyah Yuvi Amanda; Abdul Latif; M. Rifky Abdillah; Icha Azdina Adly
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/zx2hdm76

Abstract

Marriage in Islamic law is founded upon the principles of legal capacity (ahliyyah), mutual consent, and the realization of maqāṣid al-sharī‘ah through the protection of religion, life, intellect, lineage, and property. Nevertheless, the increasing prevalence of bipolar disorder has generated complex legal and ethical questions regarding the legal capacity of affected individuals to enter into marriage and to perform the reciprocal rights and obligations arising from the marital contract. Existing scholarship has predominantly examined bipolar disorder from isolated perspectives, including marriage validity, child custody, or disability rights, without providing an integrated legal framework that reconciles classical Islamic jurisprudence, contemporary mental health knowledge, and Islamic family law. This study aims to reconstruct the concept of legal capacity for individuals with bipolar disorder in Islamic marriage law by integrating the doctrine of ahliyyah al-adā’ with the objectives of maqāṣid al-sharī‘ah. Employing normative juridical research, the study combines statutory, conceptual, comparative, and Islamic jurisprudential approaches. Primary legal materials consist of the Qur'an, Sunnah, classical fiqh literature, Indonesian marriage legislation, the Compilation of Islamic Law, and selected judicial decisions, while secondary materials include recent peer-reviewed international journals on Islamic family law, disability studies, and psychiatric research. The study demonstrates that bipolar disorder should not constitute an automatic legal impediment to marriage. Rather, legal capacity must be determined through an individualized assessment of cognitive competence, decisional autonomy, psychological stability at the time of the marriage contract, and the ability to fulfil marital obligations. The article proposes a reconstructed framework in which ahliyyah al-adā’ is interpreted dynamically through the lens of maqāṣid al-sharī‘ah, emphasizing transparency regarding mental health conditions, protection of both spouses, and proportional legal safeguards instead of categorical exclusion. This reconstruction contributes to contemporary Islamic family law by harmonizing classical jurisprudential doctrines with modern psychiatric knowledge and human rights principles while strengthening substantive justice in Muslim family law.
Tinjauan Fiqih Muamalah Terhadap Akad Jual Beli Layanan Go-Food Pada Aplikasi Go-Jek Nur Fitria Habiba; Najri Aulia; M.Rifqi Al Husaini; Junita Lubis; Lusi Febriani; Anju Syahrin Marpaung
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 01 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

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 Hukum Positif Indonesia: Rekonstruksi Batas Usia Perkawinan Berbasis Maqāṣid Al-Syarī'ah Dan Perlindungan Hak Anak Melin Manik; Aripa Syawalia; Putri Azri Sipahutar; Zahra Balqis Ananda Lubis; Mutiara Khalishah; Rahmad Hidayat
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/0xkj9023

Abstract

Child marriage remains one of the most persistent legal and social challenges in Indonesia despite the enactment of Law Number 16 of 2019, which equalizes the minimum marriage age for both men and women at nineteen years. The increasing number of marriage dispensations indicates that legal reform alone has not effectively prevented child marriage. Previous studies have predominantly discussed early marriage from either normative Islamic jurisprudence or statutory perspectives, while limited attention has been devoted to integrating Islamic legal objectives (maqāṣid al-sharī'ah) with child protection principles in evaluating the effectiveness of marriage age regulation. This study aims to analyze the compatibility between Islamic law and Indonesian marriage law regarding the minimum marriage age and to formulate a reconstruction of legal policy based on maqāṣid al-sharī'ah. This research employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials consist of Law Number 16 of 2019, the Compilation of Islamic Law, Constitutional Court Decision Number 22/PUU-XV/2017, and relevant judicial decisions. Secondary legal materials include classical Islamic legal literature, contemporary scholarly works, and international journal articles. The findings demonstrate that Islamic law does not prescribe a numerical minimum marriage age but emphasizes maturity (rushd), capability (istiṭā‘ah), and public welfare (maṣlaḥah). Therefore, Indonesia's minimum marriage age policy is consistent with the objectives of Islamic law in protecting religion, life, intellect, lineage, and property. Nevertheless, the broad application of marriage dispensations weakens the effectiveness of legal protection for children. This study proposes strengthening substantive judicial standards for marriage dispensation, integrating reproductive health education, and harmonizing religious values with child protection policies as a comprehensive strategy to prevent child marriage.

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