Tasyri'
Tasyri’ welcomes high-quality manuscripts resulted from a research project in the scope of Islamic Family Law, Islamic economic law, Islamic criminal law, Islamic constitutional law, Zakat and waqf law, Contemporary Islamic legal thought and various scientific studies in the field of law and other topics related to this area.
Articles
27 Documents
<![CDATA[Membincang Akulturasi Pernikahan: Makna Tradisi Mapacci Pada Pernikahan Adat Suku Bugis Makasar ]]>
<![CDATA[Dwi Hartini]]>;
<![CDATA[Nuzula Ilhami]]>;
<![CDATA[Taufiqurohman Taufiqurohman]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i1.1
<![CDATA[This paper discusses the wedding tradition which has various versions in the process according to the culture and context in which the marriage is carried out. The wedding tradition in question is a series of processions leading to marriage. One of the unique wedding processions is the Bugis traditional wedding called Mapacci. This Mapacci tradition is interesting to study in relation to the perspective if it is seen from the difference in social stratification in its implementation between the nobility or ordinary people. This paper is studied using the theory of Semiotics of Charles Sanders Peirce, according to Peirce, human life is characterized by the mixing of signs and how they are used in representative activities. The social system is related to the integration function by controlling the components that make up society, finally the cultural system is related to the function of maintaining existing patterns or structures by setting up norms and values that motivate them to take an action. The results of the study indicate that the meaning contained in the traditional mappacci process is a form of hope and prayer, for the welfare and happiness of the prospective bride and groom which is combined in a summary of words (mappacci) of 9 kinds of equipment that must be prepared and moved not only for the nobility but all the indigenous people of Bugis.]]>
<![CDATA[Analisis Pertimbangan Hakim dalam Putusan No.0253/Pdt.P/2016/Pa.Pbg Tentang Dispensasi Pernikahan ]]>
<![CDATA[Ali Mutakin]]>;
<![CDATA[Lusi Marwati]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i1.2
<![CDATA[Marriage dispensation is the granting of the right by the Religious Courts to a person to marry even though they have not reached the minimum age for marriage, if the situation "requires" and there is no other option. In an effort to grant a marriage dispensation, the Religious Courts are required to provide considerations that prioritize the concept of maslahah, namely considerations of goodness and rejecting harm (madharat) in society. This article aims to analyze the decision no.0253/Pdt.P/2016/PA.Pbg regarding marriage dispensation. The type of research used is a normative legal research model (doctrinal). The primary data source used is a copy of the decision of the religious court no. 0253/Pdt.P/2016/PA.Pbg, while the secondary data are books, journal articles related to the discussion theme. The data analysis technique used descriptive analysis, where the data obtained were described and then analyzed. The findings of this article are some of the considerations that become the judge's reference in determining decision no. 0253/Pdt.P/2016/PA.Pbg are 1) based on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage. 2) based on written evidence and statements from the two witnesses. 3) based on the true benefit.]]>
<![CDATA[Batas Usia Perkawinan Dalam Undang-Undang Nomor 16 Tahun 2019: Analisis Psikologi Dan Maslahah Mursalah ]]>
<![CDATA[Abdul Aziz]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i1.3
<![CDATA[This study aims to explain how the marriage age limit is in accordance with Law Number 16 of 2019 according to the Maslahah Mursalah theory. Marriage Law Number 1 of 1974 stipulates that marriage is only permitted if the prospective groom is 19 years old and the bride is 16 years old. With the passage of time, these provisions have become outdated and are not in accordance with the current situation both in terms of psychology, biological health, education, and economy. The age limit for marriage has undergone two Judicial Review submissions to the Constitutional Court regarding the age limit for marriage. Islam does not regulate the age limit for a person to get married. By increasing the marriage age for women to 19 years, in order to provide protection for children who are still underage so that they are more prepared biologically and psychologically. Therefore, it is suggested that this regulation can be used as a reference and applied to prevent underage marriages.]]>
<![CDATA[Pandangan Kepala KUA Se-Kota Yogyakarta Terhadap Shighat Taklik Talak ]]>
<![CDATA[Mia Fitriah Elkarimah]]>;
<![CDATA[Devi Asriani]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i1.5
<![CDATA[In the wedding tradition, after the contract (ijab qabul), the groom reads sighat taklik which is listed in the marriage certificate. The legal consequences for the groom must fulfill all the contents of the promise contained in the shigat taklik, while for the bride, it can be used as a reason to file for divorce to the Religious Court, if violated by the male partner. The purpose of this study was to find out the views of the heads of KUA throughout the city of Yogyakarta regarding the reading of sighat taklik. The approach used in this research is a normative approach. Data collection methods used in this study were interviews and documentation. The article found that: 1) Some of the heads of KUA throughout the city of Yogyakarta said that sighat taklik talak is mandatory because it is a legal umbrella for a wife so that her husband does not act arbitrarily to her. Others think that sighat taklik talak is not obligatory to read because it interferes with the solemnity and sacredness of the marriage contract procession. 2) Regarding its effect on reducing the divorce rate, three heads of KUA are of the opinion that it is not effective because there are still many wives who file for divorce from their husbands because their husbands violated sighat taklik talak, while the other eleven are of the opinion that whether or not it is effective in reducing the divorce rate, does not have to be caused by husband violates sighat sighat taklik divorce. Keywords: sighat, taklik talak, head of KUA.]]>
<![CDATA[Maqashid Al-Syari’ah Dalam Kajian Teoritik Dan Praktek ]]>
<![CDATA[Siti Sarah]]>;
<![CDATA[Nur Isyanto]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i1.6
<![CDATA[Maqashid al-Shari'ah is an alternative in an effort to solve socio-religious problems in the current era. This is because it is realized that the texts, both the Qur'an and Hadith as the main sources of Islamic law, are very limited in number while social problems continue to emerge one after another. The purpose of this paper is to describe the concept of maqashid al-syari'ah both at the theoretical level and in its application. This study is included in the category of library research by utilizing data or information from ushul fiqh books as a primary source, then assisted by some information obtained from journals, other relevant books as secondary sources. The data obtained were described and then analyzed. This paper finds that: 1) maqashid al-syar'iah is part of qa'idah ushuliyyah and also approaches in understanding the texts of the Qur'an and the Prophet's Hadith. 2) Mujtahids must understand maqashid al-syariah in an effort to capture and interpret the divine verses hidden behind their textual folds. 3) Maqashid al-Sharia as an approach, needs to be refreshed and rearranged according to the current context.]]>
<![CDATA[Regulasi Perwakafan Di Indonesia Dalam Perspektif Statute Approach ]]>
<![CDATA[Kama Mir’atul Chasanah]]>;
<![CDATA[Ghufron Maksum]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i1.7
<![CDATA[The potential of waqf in Indonesia, if managed properly, can be the most appropriate instrument to solve social problems, especially in dealing with poverty. Waqf regulation in Indonesia has experienced a long dynamic, starting from pre-independence, post-independence until now. This paper aims to explain waqf regulations in Indonesia from the perspective of the statute approach. This study is included in the category of library research with primary sources in the form of laws and government regulations relating to waqf, while secondary sources in the form of journals, books and others related to the theme of discussion. The data obtained were described and then analyzed. This paper finds that: 1) The emergence of various waqf regulations after Indonesia's independence is full of regulations that are able to balance between Islamic and positive laws that apply in Indonesia. 2) Regulation of waqf in Indonesia started from Law Number 5 of 1960 concerning Agrarian Principles, Presidential Instruction of the Republic of Indonesia Number 1 of 1991 concerning KHI, Law Number 41 of 2004, then Government Regulation Number 42 of 2006. 3) Law Number 41 of 2004, is a new breakthrough in the waqf management system in Indonesia to become productive waqf.]]>
<![CDATA[Cash Waqf Linked Sukuk (CWLS) Dalam Kajian Fatwa DSN MUI Di Indonesia ]]>
<![CDATA[Neneng Puspitasari]]>;
<![CDATA[Khusnul Khotimah]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i1.15
<![CDATA[Cash waqf or it also called by Cash Waqf Linked Sukuk (CWLS) is one of the alternative of taking poverty that has implemented in some islamic nations. Cash waqf has opened the unique opportunity for creating an investment religious field, education and sosial attendance. According to the calculation of BWI, the potential of Cash Waqf in Indonesia has achieved at least 180 billions in a year. This study is a research of normative law (doctrinal), which is used library research and juridical normative approach. This research could be concluded that Cahs Waqf Linked Sukuk (CWLS) becomes an alternative way in repairing economy field in Indonesia. In explaining instructions of DSN MUI, the rules of CWLS is written or decided in the instructions of DSN-MUI No. 131/X/2019 about Waqf Sukuk and the instructions of DSN-MUI No. 137/XI/2020 about Sukuk.]]>
<![CDATA[Kedudukan dan Urgensi Shigat Taklik Talak Perspektif Ketentuan KHI Dan Hukum Fiqh Klasik: ANALISIS WACANA KRITIS ANTI-TESIS ]]>
<![CDATA[Rahmad Ibrahim Harahap]]>;
<![CDATA[Ramadhan Syahmedi Siregar]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i2.28
<![CDATA[That it is a habit among Indonesian Muslims when the consent procession is completed between the guardian of the prospective wife and the prospective husband, the husband will be asked by Tuan Kadhi (KUA marriage registrar) to read and/or pledge shigat taklik talak in front of him and witnessed by the the parties who participated in the procession of the marriage contract were the guardians of the prospective wife, the witness of the marriage and the other invited guests. This research is a type of qualitative research with a library database, and data analysis techniques with 3 approaches, namely the legal approach (read: statute approach), and conceptual approach (read; conceptual approach) and comparative approach (read: comparative approach). The conclusion of this paper is that there are several aspects of disharmony between the provisions of the Compilation of Islamic Law (KHI) and classical fiqh law and regarding the legal consequences of taklik talak which are violated by the husband in the future. The disharmony revolves around the status of the fall of divorce and the position of taklik talak as talak or iwadh'. Given that the rules of shigat taklik talak in the perspective of Islamic fiqh have significant differences with the rules of KHI, so there is a need for an in-depth analysis to look at this issue comprehensively with the aim of having an academic dialectic that provides a good understanding]]>
<![CDATA[Aktualisasi Akad dalam Fikih Muamalah bagi Lembaga Keuangan Syariah ]]>
<![CDATA[Atmo Prawiro]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i2.30
<![CDATA[This study aims to explore the principles of contract in Fiqh Muamalah which are practiced in sharia business. The contract is binding between two or more parties who make a binding agreement. Whereas the principles of agreement (akad) in sharia business are basically taken from the sources of fiqh muamalah itself, then applied in the field of modern sharia business, giving rise to various perceptions about the distribution of agreements (akad) based on the object of the agreement (akad). The research method used in this study is descriptive qualitative critical analytic, intended to provide an analytical description of the form of application of contract theories in muamalah fiqh for Islamic financial institutions. Through an analytical approach, methodologically it can be seen the application of contract theory with the support of studies on Islamic financial institutions. The approach used in this study, namely the philosophical and juridical approach of Islamic law. This study found that the more honest the sharia business parties in the contract will affect the religious behavior of the parties. This study also explains that the entrance to sharia or not sharia business starts from a strong intention of making an act, and this is in accordance with the rules of Innama al-'a'malu bi al-niyyat.]]>
<![CDATA[Relevansi Wakaf Ahli dalam Membangun Ketahanan Keluarga ]]>
<![CDATA[Ratna Suraiya]]>;
<![CDATA[Nashrun Jauhari]]>
<![CDATA[ Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri' ]]>
Publisher : <![CDATA[STAINI Press ]]>
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DOI: 10.53038/tsyr.v1i2.33
<![CDATA[Family waqf is oriented towards realizing family welfare in a sustainable manner, as the realization of the purposes of Shari'a Hifdz al-Nasal. The condition of families in Indonesia after the Covid-19 pandemic has experienced many resilience problems, so rescue efforts are needed. Using normative legal research methods, qualitatively, this research finds a synergy between family waqf and the concept of family resilience which is recognized in Indonesia, through five components: (1) legality and family integrity foundations, (2) physical resilience, (3) economic resilience ; (4) psychological social resilience (5) socio-cultural resilience. Useful research shows strategic steps in efforts to build families in Indonesia so that they have sustainable resilience]]>
