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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
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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.
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

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Abstract

The proliferation of digital communication platforms, particularly family WhatsApp groups, has facilitated interpersonal connectivity while simultaneously introducing ethical dilemmas such as ghibah (backbiting). This study investigates the manifestation of ghibah within family WhatsApp groups from the perspective of Islamic law. Employing a qualitative descriptive methodology through literature review and content analysis, the research draws upon primary Islamic legal sources—including the Qur’an, Hadith, scholarly interpretations, and fatwas issued by institutions like the Indonesian Ulema Council (MUI). The findings reveal that despite the private and informal nature of family WhatsApp groups, ghibah remains categorically prohibited and is considered a major sin in Islam. It typically manifests through behaviors such as criticizing absent members, disseminating private information without consent, or making demeaning remarks masked as humor. These actions not only compromise individual dignity but also jeopardize familial harmony and trust. The study emphasizes that digital media do not exempt individuals from adhering to Islamic ethical standards. The enduring nature of digital communication exacerbates the repercussions of ghibah, thus underscoring the necessity of digital literacy grounded in Islamic ethics. This research contributes to the development of ethical guidelines for digital conduct within familial contexts and calls for the reinforcement of Islamic values in private online interactions.
Implementasi Kaidah "Al-Yaqīnu Lā Yuzālu bi al-Syak" dalam Perspektif Fikih Keluarga Rima Rahmayani Tanjung; Muhammad Amar Adly; Heri Firmansyah
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 01 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

This article examined the application of the Islamic legal maxim al-yaqīnu lā yuzālu bi al-syak (“certainty is not overruled by doubt”) within the framework of family law. It analyzed how this principle has been interpreted and applied in resolving legal issues such as divorce (ṭalāq), maintenance (nafaqah), and legal certainty in marital relationships. Employing a qualitative, descriptive-analytical method, the study drew upon both classical Islamic jurisprudential sources—such as those authored by al-Qarāfī, al-Suyūṭī, and al-Nawawī—and contemporary legal scholarship. The analysis was grounded in the methodology of qawāʿid fiqhiyyah (Islamic legal maxims), supported by textual sources (the Qur’an and Hadith), consensus (ijmāʿ), and rational arguments. The findings demonstrated that the maxim plays a pivotal role in maintaining legal stability by ensuring that established certainties are not invalidated by subsequent doubts. Moreover, the study identified several exceptions to the maxim's applicability, particularly in ambiguous or multi-interpretable cases, revealing the principle's flexibility and relevance in modern legal contexts.
Regulating Palm Oil Zakat In Indonesia: Islamic Legal Politics, Normative Fragmentation, and the Quest for Legal Certainty Zulkifli Nas; Anju Syahrin Marpaung
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

Palm oil is one of Indonesia’s most strategic commodities, contributing significantly to national income and sustaining millions of rural livelihoods. Despite its substantial economic value, palm oil has not been systematically regulated as a zakatable asset, resulting in low compliance and limited contribution to national zakat collection. This article examines the regulation of palm oil zakat in Indonesia through the lens of Islamic legal politics by analyzing three normative domains: classical Islamic jurisprudence (fiqh), national zakat legislation, and regional fatwas issued by Islamic legal authorities. Employing normative legal research with statutory, conceptual, comparative fiqh, and Islamic legal politics approaches, this study reveals that palm oil zakat occupies an ambiguous legal position due to the absence of explicit regulation and the coexistence of competing juristic interpretations. While classical fiqh provides divergent doctrinal foundations, Indonesian zakat law adopts a generalized approach, and regional fatwas intensify legal pluralism by issuing conflicting rulings. This normative fragmentation undermines legal certainty, weakens zakat compliance among palm oil producers, and limits zakat’s redistributive potential. The article argues that palm oil zakat should be understood not merely as a doctrinal fiqh issue but as a product of Islamic legal politics requiring normative harmonization. It contributes to the literature by conceptualizing palm oil zakat as a case of regulated Islamic philanthropy shaped by legal and political authority and proposes policy-oriented recommendations for regulatory unification through coordinated roles of the state, zakat institutions, and Islamic scholars
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

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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.
Social Construction of Gender Equality in the Family of Working Couples in Tanjungbalai Indonesia: An Analysis of Marriage Law and a Compilation of Islamic Law Heri Firmansyah; Ahmad Fathan Aniq; Rezkia Zahara Lubis
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

Gender inequality in working families remains a structural problem in Indonesia. In Tanjungbalai, despite Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) affirming the equality of husband and wife, patriarchal practices continue to impose multiple domestic responsibilities on women. This study employed a qualitative approach under the paradigm of social definition, using Peter L. Berger’s theory of social construction. Data were gathered through semi-structured interviews with three working families in Tanjungbalai, supplemented by legal document analysis. The findings reveal that the social construction of gender roles is shaped through externalization, objectivation, and internalization institutionalized within community norms. Women continue to shoulder domestic work despite contributing to family income. Meanwhile, the articles within the Marriage Law and KHI are often interpreted in patriarchal terms, thereby reinforcing inequality. The study underscores the need for a gender-responsive reinterpretation of family law and the mainstreaming of gender justice values in household practices. The novelty of this research lies in its integration of Berger’s social construction theory with the legal analysis of Indonesian marriage and Islamic family law, applied to the empirical case of Tanjungbalai—an approach rarely explored in previous scholarship.
Wali Nikah Sebagai Rukun Perkawinan dalam Hukum Islam: Analisis Normatif-Komparatif Mazhab Fikih dan Rekonstruksinya dalam Hukum Keluarga Islam Indonesia Mustafa Parinduri; Muhammad Amar Adly
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

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Abstract

Marriage in Islamic law is a legal contract that carries theological, social, and juridical consequences, the validity of which depends on the fulfillment of its essential pillars (arkān al-nikāḥ). Among these pillars, marriage guardianship (wali nikah) remains one of the most fundamental and contested issues in Islamic jurisprudence. This article examines the legal status of wali nikah as a pillar of marriage through a normative–comparative analysis of major Sunni legal schools and explores its reconstruction within Indonesian Islamic family law. Employing doctrinal legal research with a conceptual and comparative madhhab approach, this study analyzes classical fiqh texts alongside contemporary legal instruments, particularly the Indonesian Compilation of Islamic Law. The findings demonstrate that the majority of jurists (jumhūr) regard guardianship as a constitutive element determining the validity of marriage, primarily to ensure legal certainty and the protection of women’s interests. In contrast, the Hanafi school grants greater legal autonomy to adult women under specific conditions. The article argues that Indonesia’s adoption of the jumhūr position represents not merely a transplantation of classical doctrine but a normative reconstruction aimed at safeguarding legal order, women’s rights, and social stability within a modern Muslim legal framework.
Mut‘ah Marriage among Migrant Workers: A Socio-Legal and Maqāṣid al-Sharī‘ah Analysis Cut Rizky Meutia; Zidan Tri Luca Aditama
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/t5m3s298

Abstract

The phenomenon of mut‘ah marriage among migrant workers reflects a contemporary problem in Islamic family law that can no longer be understood merely as a classical juristic debate. Labor mobility, prolonged family separation, and socio-economic vulnerability have encouraged the practice of mut‘ah marriage as a form of rationalization for the biological and emotional needs of migrant workers. This study aims to analyze the practice of mut‘ah marriage through a socio-legal and maqāṣid al-sharī‘ah approach in order to examine the relationship between legal norms, social realities, and the protection of family institutions. The study employs an empirical legal method with a socio-legal approach by integrating Islamic law, Indonesian positive law, and empirical studies related to migrant workers and mut‘ah marriage. The findings reveal that mut‘ah marriage not only raises issues of legal validity but also creates structural vulnerabilities for women and children due to the absence of adequate legal protection. From the perspective of maqāṣid al-sharī‘ah, the practice contradicts the principles of ḥifẓ al-nasl and ḥifẓ al-‘irḍ because it reduces marriage to a temporary and transactional relationship. This study further finds that mut‘ah marriage develops within a gray area between religious law, state law, and the social needs of migrant workers. The article argues that mut‘ah marriage should be positioned as a socio-legal and family resilience issue rather than merely a juristic disagreement.
Reconstructing Child Protection for Victims of Crime: Integrating Family Law, Institutional Practice, and Maqāṣid al-Sharīʿah (A Study of UPTD PPA Aceh) Tifany Mahdina Putri; Fakhrurrazi M. Yunus; Gamal Akhyar; Idrus Afandi Akbar
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/v2vdr958

Abstract

Child protection for victims of criminal acts remains a pressing global concern, particularly in jurisdictions where legal frameworks coexist with complex socio-cultural structures. While existing scholarship has largely focused on normative legal analysis or institutional responses, insufficient attention has been given to the interplay between family dysfunction and institutional intervention in shaping the effectiveness of child protection systems. This article addresses this gap by examining the implementation of child protection mechanisms at the Regional Technical Implementation Unit for Women and Children Protection (UPTD PPA Aceh) through an integrative analytical framework combining family law, victim-centered justice, and maqāṣid al-sharīʿah. Employing a socio-legal approach with qualitative methods, this study integrates doctrinal legal analysis with empirical data derived from in-depth interviews, field observations, and case documentation. The findings demonstrate that UPTD PPA Aceh has developed an integrated protection model encompassing legal assistance, psychological recovery, and social reintegration. However, the effectiveness of this model is significantly constrained by structural limitations, weak family support systems, and persistent socio-cultural stigma. This article contributes to the literature by advancing a conceptual framework that situates child protection at the intersection of family responsibility and institutional governance. It further argues that sustainable protection mechanisms require a systemic integration of legal norms, institutional capacity, and family-based resilience, which is normatively consistent with the objectives of maqāṣid al-sharīʿah, particularly the preservation of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl).

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