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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. 02 (2024)" : 5 Documents clear
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.
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.
Rekonstruksi Kehujjahan Syar'u Man Qablana dalam Ushul Fikih Kontemporer: Analisis Perbedaan Pandangan Ulama dan Relevansinya terhadap Ijtihad Modern Randi Hermawan; Dhiauddin Tanjung
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/p2m7sk11

Abstract

This study reconstructs the concept of the authoritativeness (ḥujjiyyah) of Shar'u Man Qablana within contemporary Usul al-Fiqh by re-examining classical scholarly debates and evaluating its relevance to modern ijtihad. Previous studies have predominantly focused on describing the divergent opinions of classical jurists regarding the legal status of pre-Islamic divine laws, while offering limited discussion on their epistemological reconstruction and practical significance for contemporary legal reasoning. Employing normative legal research, this study adopts conceptual, historical, comparative, and philosophical approaches. Primary sources consist of the Qur'an, Sunnah, and classical works of Usul al-Fiqh, complemented by recent scholarly literature on maqāṣid al-sharī'ah and contemporary Islamic legal theory. Data are analyzed through qualitative-prescriptive methods using grammatical, systematic, historical, comparative, and teleological (maqāṣid-based) interpretation. The findings demonstrate that the classical controversy over Shar'u Man Qablana reflects differing epistemological paradigms concerning the continuity of revelation and legal authority rather than a mere disagreement over the validity of earlier religious laws. This study argues that the classical legal-validity paradigm should be reconstructed into a legal-functionality paradigm by positioning Shar'u Man Qablana as an epistemological framework for identifying the continuity of universal legal objectives across prophetic revelations. As its principal contribution, this study proposes the Continuity of Maqāṣid-Based Reconstruction Model, which integrates the continuity of revelation, values, maqāṣid, and ijtihad into a coherent framework for contemporary Islamic legal reasoning. The model broadens the methodological role of Shar'u Man Qablana from a disputed subsidiary source of law to a dynamic interpretive framework capable of addressing emerging issues in Islamic law while preserving fidelity to the objectives of the Sharī'ah. This reconstruction enriches contemporary Usul al-Fiqh and provides a more adaptive methodology for modern ijtihad.

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