cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Heri Firmansyah
Contact Email
arrisyah28@gmail.com
Phone
+6285275401542
Journal Mail Official
jurnaltabayyanu@gmail.com
Editorial Address
Jalan Perbaja Kelurahan Bajamas Kecamatan Sirandorung, Kabupaten Tapanuli Tengah, Indonesia, Kode Pos 22565. Email : dararrisyahindonesia@gmail.com
Location
Kab. tapanuli tengah,
Sumatera utara
INDONESIA
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 Hubungan Nasab dan Hak Keperdataan Anak Luar Nikah dalam Hukum Keluarga Islam Indonesia: Perspektif Maqāṣid al-Syarī‘ah Endah Lakona Sitakar; Fatimah Zuhrah
Tabayyanu : Journal Of Islamic Law Vol. 3 No. 01 (2026)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/zzasdb76

Abstract

The legal status of children born out of wedlock remains one of the most debated issues in contemporary Islamic family law, as it involves the intersection of lineage (nasab), child protection, and the development of national legal systems. The debate has intensified in Indonesia following the Constitutional Court Decision Number 46/PUU-VIII/2010, which recognized certain civil legal relationships between children born out of wedlock and their biological fathers. This development raises an important question regarding how the classical doctrine of lineage in Islamic jurisprudence can be reconciled with the growing demand for child rights protection within a modern legal framework. This study aims to analyze the status of children born out of wedlock from the perspectives of the major schools of Islamic jurisprudence, examine its regulation within Indonesian Islamic family law, and formulate a reconstructive model of the relationship between lineage and civil rights through the framework of maqāṣid al-sharī‘ah. This research employs a normative legal method using statutory, conceptual, and comparative approaches. Data were collected through library research involving classical Islamic legal sources, legislation, court decisions, and relevant academic literature. The findings indicate that the majority of Islamic legal schools reject the attribution of lineage between children born as a result of zina and their biological fathers, since lineage is legally established only through a valid marriage. In contrast, Indonesian Islamic family law has gradually recognized certain civil legal obligations arising from biological relationships. This study finds that the tension between classical Islamic jurisprudence and national law primarily stems from the absence of a clear conceptual distinction between lineage and civil legal relationships. Consequently, this article proposes a reconstructive model that separates lineage from civil responsibilities. Under this model, the protection of lineage (hifẓ al-nasl) is preserved, while the protection of children's rights is achieved through the recognition of biological fathers' civil obligations based on the principles of hifẓ al-nafs and hifẓ al-māl. This model offers a theoretical contribution to the development of a more adaptive and equitable Islamic family law in Indonesia.
Reconstructing the Role of Al-‘Adah Muhakkamah in Islamic Criminal Law: An Integrative Framework of Naṣṣ, Living Law, and Maqāṣid al-Sharī‘ah Bahatma Baca; Muhammad Taufiq Nasution; Mulkan Nasution; Fauzan Mas’ar
Tabayyanu : Journal Of Islamic Law Vol. 3 No. 01 (2026)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/416r0808

Abstract

The increasing complexity of contemporary society has generated new forms of criminal conduct that cannot always be addressed adequately through the classical formulation of Islamic criminal law. This condition requires a methodological framework capable of preserving the normative authority of the Qur'an and Sunnah while accommodating dynamic social realities. Although the legal maxim al-'adah muhakkamah (custom is recognized as a legal consideration) has long been acknowledged as one of the fundamental principles of Islamic legal maxims (qawā'id fiqhiyyah), limited scholarly attention has been devoted to reconstructing its function as an integrative instrument connecting nash, living law, and maqāṣid al-syarī'ah in contemporary Islamic criminal law. This study aims to reconstruct the function of al-'adah muhakkamah as a methodological framework for harmonizing normative Islamic legal authority with evolving social realities. This research employs normative legal research using conceptual, statutory, and philosophical approaches through qualitative library research based on classical juristic works, uṣūl al-fiqh, qawā'id fiqhiyyah, legislation, and recent scholarly publications. The findings demonstrate that al-'adah muhakkamah should no longer be viewed merely as a supplementary legal maxim but as an epistemological bridge integrating scriptural authority, the objectives of Islamic law (maqāṣid al-syarī'ah), and living law. Such reconstruction enables Islamic criminal law, particularly within the sphere of jarīmah ta'zīr, to respond adaptively to contemporary crimes while maintaining immutable Islamic legal principles (tsawābit). This study proposes an integrative model positioning al-'adah muhakkamah as the methodological nexus between universal Islamic legal norms and contemporary social realities, thereby strengthening the adaptability and sustainability of Islamic criminal law in modern society.

Page 3 of 3 | Total Record : 22

 1   2   3 

Filter by Year

2024 2026


Reset
Filter By Issues
All Issue Vol. 3 No. 01 (2026) Vol. 2 No. 02 (2025) Vol. 2 No. 01 (2025) Vol. 1 No. 02 (2024) Vol. 1 No. 01 (2024)