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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 5 Documents
 1 
Search results for , issue "vol. 1 no. 01 (2024)" : 5 Documents clear
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.

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