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Tasfiyah : Journal of Islamic Law and Sharia Economics
Published by Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia
ISSN : -     EISSN : 31091156     DOI : https://doi.org/10.69836/tasfiyah
Core Subject : Religion, Economy, Education, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other
Tasfiyah : Journal of Islamic Law and Sharia Economics (e-ISSN: 3109-1156) is a journal published by the Sisi Indonesia Research and Community Service Foundation with the aim of developing research that focuses on the fields of Islamic Law and Sharia Economics. Focus and Scope: Islamic Law, Islamic Family Law, Islamic Criminal Law, Islamic Civil Law, Sharia Economic Law, Sharia Economics, Sharia Accounting, Waqaf, Halal Studies
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 13 Documents
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Analisis Kebolehan Rumah Tangga Poligami Perspektif Agama Dan Negara Rico Setyo Nugroho
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 1 (2025): Dinamika Hukum Keluarga dan Sosial dalam Perspektif Islam dan Negara: Kajian atas
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i1.317

Abstract

Polygamy is a practice that has existed and has been in effect for a long time throughout human civilization carried out by the nation and culture of Manan, including in the state of Indonesia. Indonesia since the pre-independence era has also practiced polygamy. The purpose of this study is to analyze the ability of polygamous household practices. This research includes qualitative research with a literature approach or library research so that it does not require research samples or surveys. The method of data collection using primary data is in the form of Marriage Law No. 1 of 1974 articles 4 and 5, Compilation of Islamic Law (KHI) articles 55 and 59, while secondary data uses various references, both journals, books, and those relevant to the research theme. The result of this study is that the practice of polygamy is one of the role models that is allowed by having to meet the terms and conditions that have been set by the law.
Urgensi Keberadaan Mujtahid Dalam Sengketa Waris (Perkara Waris Islam Dalam Putusan Nomor 596/PDT.G/2023/PA.SKA) Cecareno Gilbrani Anwar; Mega Dewi Ambarwati
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 1 (2025): Dinamika Hukum Keluarga dan Sosial dalam Perspektif Islam dan Negara: Kajian atas
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i1.322

Abstract

Inheritance disputes in Islamic law often require the role of mujtahids, especially judges, in interpreting and applying legal rules to achieve justice for the parties. The aim of this research is to analyze the role of the mujtahid in an inheritance dispute case involving the status of joint property, inherited assets, and the existence of the heir's debts. Based on Article 35 paragraph (1) of Law Number 1 of 1974 which has been amended by Law Number 16 of 2019, as well as Article 97 of the Compilation of Islamic Law, judges must ensure that the distribution of assets is carried out in accordance with the provisions of Islamic law. In this case, the judge as mujtahid considered that the property in dispute was joint property that had not been divided, so that the testator's widow was entitled to half the share before distributing the inheritance to the other heirs. Apart from that, in determining the existence of the heir's debt, the judge used the evidentiary principle in Article 163 HIR and Article 174 HIR, where the defendant's confession at trial was perfect evidence regarding the acknowledged debt. The research method uses normative legal research with a statutory approach and a case approach. The research results show that the role of the mujtahid in this case is not only limited to applying the law textually, but also considering aspects of substantive justice by referring to legal arguments, trial facts, and the principles of justice in Islam. Thus, the application of ijtihad by the judge in this case ensures that the distribution of inheritance is carried out legally, fairly and in accordance with applicable law. In decision number 596/Pdt.G/2023/PA.SKA in inheritance disputes, the decision is only resolved between the two parties to the dispute, so according to the author there is a need for the presence of a mujtahid in the inheritance dispute to provide clear legal certainty.
Reformulasi Pendekatan Wisata Halal: Perspektif Maqāṣid Syarī‘ah dalam Masyarakat Plural Arinaldi Nugraha
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 1 (2025): Dinamika Hukum Keluarga dan Sosial dalam Perspektif Islam dan Negara: Kajian atas
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i1.352

Abstract

The development of halal tourism in Indonesia continues to accelerate along with increasing awareness of halal lifestyles and support from government policies. However, its implementation in plural areas such as Bali, Lake Toba, and Labuan Bajo often causes social resistance due to symbolic and non-contextual approaches. This study aims to evaluate the tension between welfare and potential marginalization in the implementation of halal tourism, using the perspective of maqāṣid shari'ah as the main analytical framework. The method used is a literature study with a qualitative descriptive approach, through a review of scientific literature, policy documents, and public opinion from online media. The research findings show that halal tourism in homogeneous areas such as Lombok has succeeded in presenting welfare through a participatory approach that strengthens the values ​​of ḥifẓ al-dīn and ḥifẓ al-māl. Conversely, in plural areas, policies that do not involve local communities actually risk disrupting ḥifẓ al-nafs and ḥifẓ al-‘irḍ. The conclusion of this study emphasizes the importance of an ethical-participatory approach in developing halal tourism in order to comply with the principle of maqāṣidik justice. Therefore, the use of the term “Muslim-friendly tourism” and cross-community involvement are recommended in order to create social harmony and economic sustainability in plural societies.
Profesionalisme Hakim Peradilan Agama Dalam Penerapan Prinsip I’tibar: Tinjauan Fiqh Dan Hukum Acara Peradilan Agama Deryasa Deryasa; Taufiq Alamsyah
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 2 (2025): Dinamika Hukum Islam dan Ekonomi Syariah dalam Menjawab Tantangan Sosial, Peradil
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i2.364

Abstract

A judge’s decision is expected to reflect three essential elements: justice, legal certainty, and benefit. In practice, however, judges often encounter cases not explicitly regulated by existing laws, which requires ijtihad through the principle of i’tibar evaluating cases from the perspective of substantive justice and truth. This study aims to explore the concept of i’tibar as an indicator of judicial professionalism in adjudicating cases, as well as its relevance in both fiqh and procedural law of religious courts. The research adopts a qualitative method with a library research approach, drawing on primary and secondary sources such as books, scholarly articles, and legal regulations. The findings show that the principle of i’tibar can serve as a valuable foundation for judicial reasoning without disregarding the positive law in Indonesia. In this way, i’tibar strengthens the professionalism of judges in realizing substantive justice.
Pernikahan Beda Agama dalam Perspektif Huzaemah Tahido Yanggo Ibnu Paqih Hasan
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 1 (2025): Dinamika Hukum Keluarga dan Sosial dalam Perspektif Islam dan Negara: Kajian atas
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i1.374

Abstract

The issue of interfaith marriage remains a subject of on going discourse within the context of contemporary Islamic law. In the Indonesian context, this polemic has become increasingly intricate due to its entanglement with considerations of religious law and national positive law. The present study endeavors to examine the thoughts of Prof.Huzaemah Thido Yanggo, a distinguished female scholar dan expert Islamic law, regarding the legal framework of interfaith marriage and her contribution to the discourse of Islamic family law. The present research employs a qualitative methodology, adopting a juridical-normative approach and library research techniques. The primary source is “Masail Fiqhiyah: Kajian Hukum Islam Kontemporer”, complemented by other academic references. The results indicate that Huzaemah categorically prohibits all forms of interfaith marriage, including those between Muslim men and women ahlul kitab. Her perspective is founded on the principle of sad al-dzariah, a concept aimed at averting detrimental consequences (mafsadat), in addition to the maqashid al-syari’ah approach, which emphasizes the preservation of religious integrity, the continuity of offspring, and the maintenance of family stability. Huzaemah’s thought process exhibits a synthesis between normative firmness and sensitivy to the Indoensia social context. This research underscores the signifance of the contibutions of women scholars in contemporary Islamic legal discourse, particularly in matters of critical concern, such as interfaith marriage.
Pengaturan Hak Waris bagi Anak yang Lahir dari Hubungan Inses dalam Perspektif Hukum Islam Bertha Cahyadewi; Mega Dewi Ambarwati
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 1 (2025): Dinamika Hukum Keluarga dan Sosial dalam Perspektif Islam dan Negara: Kajian atas
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i1.403

Abstract

This study aims to analyze the regulation of inheritance rights for children born from incestuous relationships from the perspective of Islamic law. Incestuous relationships, which are explicitly prohibited in the Qur’an, Hadith, and national legislation, constitute violations of moral, social, and family law principles. However, the issue of civil rights for children born from such relationships, particularly regarding inheritance rights, remains a complex matter requiring further examination. This research employs a normative legal method using a statute approach and literature review. According to the Compilation of Islamic Law and the prevailing views of Islamic scholars (jumhur ulama), children born from incest are classified as children born out of wedlock (zina), possessing civil ties only to their mother and her family, and are therefore ineligible to inherit from their biological father. This provision aligns with the Islamic legal principle that a valid marriage is a prerequisite for establishing lineage (nasab) and inheritance rights. Nonetheless, it remains crucial to ensure the fulfillment of the child’s fundamental rights in accordance with principles of social justice and child protection. The findings of this study are expected to contribute to contemporary Islamic legal discourse on the protection of children in such challenging circumstances.
Kewenangan Pengadilan Agama Dalam Penyelesaian Sengketa Wakaf Cecilia Aina Putri; Mega Dewi Ambarwati
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 2 (2025): Dinamika Hukum Islam dan Ekonomi Syariah dalam Menjawab Tantangan Sosial, Peradil
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i2.405

Abstract

Waqf plays a significant role in the social and economic development of the Muslim community; however, its practice often leads to disputes due to limited legal understanding, administrative irregularities, and mismanagement of waqf assets. This article examines the authority of the Religious Courts in resolving waqf disputes in Indonesia using a normative juridical method through statutory and conceptual approaches. The analysis shows that the Religious Courts have absolute authority in handling waqf disputes as regulated in Law Number 3 of 2006 and Law Number 41 of 2004, covering disputes related to the validity of waqf pledges, management, transfer, and utilization of waqf assets. However, the implementation of this authority still faces practical challenges, such as low public legal literacy, limited capacity of judges, and the suboptimal use of mediation in waqf dispute resolution. Therefore, there is a need to strengthen legal aspects, enhance human resource capacity, and increase public legal awareness regarding waqf law so that the authority of the Religious Courts in resolving waqf disputes can function effectively, fairly, and in accordance with Islamic law principles and positive law in Indonesia.
Kemampuan Finansial Mantan Suami Terhadap Kewajiban Menafkahi Pasca Cerai Shifra Adline bevinda
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 2 (2025): Dinamika Hukum Islam dan Ekonomi Syariah dalam Menjawab Tantangan Sosial, Peradil
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i2.417

Abstract

The determination of alimony after divorce is a significant issue in the practice of religious courts in Indonesia. This article aims to analyze why the alimony that a husband is obligated to provide to his former wife must be adjusted according to the husband's financial capacity. The research method used is normative juridical with an analytical approach to legislation, the Compilation of Islamic Law, and relevant religious court decisions. The results show that adjusting alimony based on the husband's ability is grounded in the principles of justice and fairness in both Indonesian positive law and Islamic law. Furthermore, the alimony obligations, including maintenance during the iddah period, child support, and mut’ah (compensation), must be fulfilled proportionally so as not to overly burden the husband while still protecting the rights of the former wife and children. In conclusion, aligning alimony with the husband's financial capacity reflects the application of justice principles consistent with the objectives of both Islamic and national law.
Phenomenological Study: Muslim Self-Control in Responding to Shopee's “Flash Sale” R. Nia Marotina
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 2 (2025): Dinamika Hukum Islam dan Ekonomi Syariah dalam Menjawab Tantangan Sosial, Peradil
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i2.515

Abstract

The phenomenon of flash sales as a digital marketing strategy on e-commerce platforms such as Shopee has triggered an increase in impulsive purchasing behavior, especially among millennials and Generation Z. This study aims to understand how Muslim consumers respond to this phenomenon from the perspective of Islamic concepts and self-control. Using a qualitative phenomenological approach, this study explores the subjective experiences of Muslim consumers in dealing with flash sale promotions, as well as their reflections on Islamic ethical consumption values. The results show that features such as countdown timers and free shipping create a sense of urgency and a perception of scarcity, which trigger spontaneous purchasing decisions. In Islam, the concept of nafs (ammarah, lawwamah, muthmainnah) and the principles of muamalah are important foundations in shaping ethical and moderate consumption behavior. Although an understanding of Islamic values and the level of self-control among Muslims can suppress impulsive urges, the stimulus of flash sales still has a strong influence. These findings highlight the importance of educating Muslim consumers about consumption ethics, as well as the need for more ethical and transparent marketing practices from e-commerce players to align with the principles of justice and honesty in Islam.
The Influence of Digital Infrastructure Readiness and Regulatory Effectiveness on Islamic Financial Inclusion through FinTech: An Analysis Using Structural Equation Modeling (SEM-PLS) Dede Nurdiansyah
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 2 (2025): Dinamika Hukum Islam dan Ekonomi Syariah dalam Menjawab Tantangan Sosial, Peradil
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i2.537

Abstract

This study examines the influence of digital infrastructure readiness and regulatory effectiveness on Islamic financial inclusion through the role of FinTech using the Partial Least Squares-based Structural Equation Modeling method (SEM-PLS). The analysis results show that both factors have a positive and significant influence on Islamic financial inclusion, with FinTech acting as the main mediator. Regulatory effectiveness is proven to increase public trust in FinTech while ensuring compliance with Sharia principles, while digital infrastructure readiness expands FinTech access through support of stable internet networks and integrated payment systems. FinTech itself plays an important role in expanding access to Sharia finance, especially for communities previously unreachable by the conventional financial system. However, the direct influence of digital infrastructure readiness on Islamic financial inclusion is relatively smaller, indicating that digital infrastructure does not directly provide a major impact without the role of FinTech as a connector. These findings provide practical implications for policymakers, regulators, and FinTech service providers in designing policies that support the development of inclusive and Sharia-compliant FinTech. This study contributes to the Islamic finance literature by emphasizing the importance of integrating technology, regulation, and Sharia principles to achieve broader and more sustainable financial inclusion in the digital era.

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