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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. 2 no. 01 (2025)" : 5 Documents clear
Rekonstruksi Hukum Transaksi Digital: Function-Based Layered Contract Model pada Layanan Go-Food dalam Perspektif Fiqh Muamalah 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 | DOI: 10.66174/ncv69n52

Abstract

The digital transformation of commercial transactions has created increasingly complex legal relationships that cannot always be adequately explained through conventional contractual classifications. Go-Food, as an online food delivery service, involves consumers, merchants, drivers, and digital platforms whose respective functions generate interconnected legal relationships. This study aims to reconstruct the legal structure of Go-Food transactions from the perspective of fiqh muamalah and to formulate a conceptual model capable of identifying the appropriate contractual structure, risk allocation, and legal responsibility among the parties. This study employs normative legal research using conceptual and statutory approaches. Legal materials consisting of Islamic legal sources, fiqh muamalah literature, legislation concerning electronic transactions and consumer protection, and relevant scholarly studies on digital platforms and online food delivery are analyzed qualitatively through functional and contractual analysis. The study finds that the Go-Food transaction cannot be adequately reduced to a single contractual relationship. Wakālah, ijārah, qardh, and hawālah may emerge from different transactional functions, but their application must be determined by the substantive acts and rights and obligations of the parties rather than by the labels attached to the platform's services. The study further demonstrates that platform-based transactions introduce additional issues concerning consumer protection, algorithmic control, risk allocation, and platform responsibility. As its principal contribution, this study proposes the Function-Based Layered Contract Model (FLCM), which analyzes digital transactions through four sequential dimensions: Function, Contract, Risk, and Responsibility. The model offers a systematic framework for reconstructing multi-layered contractual relationships in digital commerce while maintaining conformity with the principles of fiqh muamalah and Indonesian positive law.
The Use of Al-Maslahah Al-Mursalah in The Ijtihad of Imam Ash-Shafi’i Muhammad Hidayat
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 | DOI: 10.66174/935h9048

Abstract

The position of Imam al-Shafi'i regarding al-maslahah al-mursalah remains one of the most debated issues in Islamic legal theory. While the dominant view maintains that he rejected al-maslahah al-mursalah as an independent legal source, other scholars argue that he implicitly applied it through his legal reasoning. Existing studies primarily focus on determining whether Imam al-Shafi'i accepted or rejected al-maslahah al-mursalah, but they have not sufficiently explained the epistemological relationship between qiyas and al-maslahah al-mursalah within his legal methodology. This study aims to reconstruct that relationship by examining Imam al-Shafi'i's theory of qiyas and its application in selected fiqh cases. Employing normative legal research with conceptual, historical, and usul al-fiqh approaches, this study analyzes classical legal sources and relevant contemporary scholarship through qualitative and interpretative methods. The findings demonstrate that Imam al-Shafi'i rejected al-maslahah al-mursalah only as an autonomous legal proof (dalil mustaqill), while substantively integrating considerations of public welfare into the methodological structure of qiyas through the identification of 'illah and al-ma'na. Accordingly, maslahah functions not as an independent source of law but as the internal normative logic guiding analogical reasoning toward the realization of justice and the objectives of the Sharia (maqasid al-shari'ah). The novelty of this study lies in reconstructing Imam al-Shafi'i's legal methodology into an integrated epistemological model linking revelation, 'illah, al-ma'na, qiyas, and maslahah. This reconstruction contributes to contemporary usul al-fiqh scholarship by providing a more coherent framework for understanding Shafi'i legal reasoning and its relevance to addressing modern legal issues while maintaining fidelity to revealed sources.
Praktik Ghibah Dalam Grup WhatsApp Keluarga Dalam Perspektif Hukum Islam Salma Salsabila; Jihan Salsabila Najma Sari; Reza Fitri Ananda; Lina Kushidayati
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 | DOI: 10.66174/z2ekah19

Abstract

The shift of family communication from physical spaces to digital environments has transformed not only how family members interact but also how dignity, privacy, and interpersonal conflicts are produced, communicated, and disseminated. Although family WhatsApp groups are socially perceived as private spaces, their digital architecture allows conversations concerning an individual’s shortcomings to be stored, reproduced, forwarded, and transferred into different contexts. This condition raises a fundamental question as to whether the classical legal construction of ghibah in Islamic jurisprudence can be directly applied to digital communication or requires contextual reconstruction. This study aims to analyze ghibah in family WhatsApp groups by integrating Islamic legal sources, religious legal opinions, Indonesian positive law, and developments in constitutional jurisprudence concerning digital expression. The study employs normative juridical research using conceptual, statutory, case, and maqāṣid al-sharī‘ah approaches. The findings demonstrate that the private character of a WhatsApp group does not eliminate the legal character of ghibah when the essential elements of discussing an absent person, mentioning something that the person dislikes, and communicating it to a third party are fulfilled. However, digital communication introduces additional dimensions—particularly persistence, reproducibility, audience expansion, and contextual transformation—that intensify the potential harm arising from ghibah. Based on these findings, this study proposes the Integrative Model of Digital Ghibah Based on Four Parameters (IGD-4P), consisting of information substance, communicative purpose, audience configuration, and digital persistence. The model reconceptualizes ghibah beyond a matter of communicative morality by positioning it within the broader framework of protecting human dignity, privacy, and family welfare in the digital environment.
Implementasi Kaidah Al-Yaqīnu Lā Yuzālu bi al-Syak dalam Hukum Keluarga Islam: Analisis Qawā'id Fiqhiyyah terhadap Kepastian Hukum, Pembuktian, dan Perlindungan Hak Keluarga Rima Rahmayani Tanjung; Muhammad Amar Adly; Heri Firmansyah
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 | DOI: 10.66174/wwj4ps33

Abstract

The principle al-yaqīnu lā yuzālu bi al-syak (certainty is not removed by doubt) constitutes one of the major universal legal maxims (al-qawā'id al-fiqhiyyah al-kubrā) that underpins legal reasoning across Islamic jurisprudence. Although extensively examined within the domains of ritual worship and commercial transactions, its application in contemporary Islamic family law remains fragmented and largely descriptive. Existing studies have predominantly emphasized textual interpretation without systematically reconstructing the principle within modern judicial practices involving divorce, maintenance, child legitimacy, marriage registration, and evidentiary standards before religious courts. This article aims to reconstruct the implementation of al-yaqīnu lā yuzālu bi al-syak through an integrated framework combining qawā'id fiqhiyyah, maqāṣid al-syarī'ah, Indonesian positive family law, and judicial reasoning. Employing normative juridical research with conceptual, statutory, case, and comparative approaches, this study analyzes classical fiqh literature, contemporary scholarly works, legislation, Supreme Court decisions, and recent academic publications indexed in Scopus and reputable journals. The findings demonstrate that certainty within Islamic family law should no longer be understood merely as doctrinal certainty derived from classical juristic opinions but must also encompass procedural certainty generated through lawful evidence and judicial verification. The study further argues that the application of this maxim should operate through a proportional evidentiary model that balances textual authority, legal certainty, procedural justice, and protection of vulnerable family members. As its principal contribution, this article proposes a new conceptual model of implementing al-yaqīnu lā yuzālu bi al-syak in Islamic family disputes by integrating normative certainty, evidentiary certainty, judicial certainty, and maqāṣid-based social protection. This reconstruction expands the contemporary relevance of Islamic legal maxims while strengthening judicial consistency and legal protection within modern Islamic family law.
Ḥiwālah and Islamic Factoring Revisited : A Maqāṣid al-Sharīʿah–Based Legal Analysis of Debt Transfer in Indonesian Islamic Banking Muhammad Hizbullah; Haidir
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 | DOI: 10.66174/de4cn157

Abstract

Debt transfer mechanisms play an increasingly significant role in contemporary Islamic finance, particularly in addressing liquidity constraints and managing credit risk. In Indonesia, two principal instruments are employed for this purpose: ḥiwālah, a classical Islamic contract of debt transfer, and Islamic factoring, commonly structured through wakālah bil ujrah. Although these mechanisms are often treated as functionally interchangeable in practice and regulation, their doctrinal foundations, legal implications, and ethical orientations differ substantially. This article revisits ḥiwālah and Islamic factoring through a maqāṣid al-sharīʿah–based legal analysis, examining whether current regulatory and institutional practices genuinely reflect the objectives of Islamic law. Using a normative–comparative methodology, the study analyzes classical fiqh literature, Indonesian Sharīʿah fatwas, banking regulations, and relevant civil law provisions on receivables transfer. The article argues that the regulatory convergence of ḥiwālah and Islamic factoring has produced conceptual ambiguity and potential moral hazard, particularly in risk allocation and remuneration structures. It concludes by proposing a reconceptualization of Islamic factoring as a distinct Sharīʿah-compliant commercial instrument, rather than a mere extension of ḥiwālah, in order to strengthen legal coherence, Sharīʿah governance, and alignment with maqāṣid al-sharīʿah.

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