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Editorial Office: Sekolah Tinggi Agama Islam Nurul Iman Jalan Nurul Iman No. 01, Warujaya Parung, Bogor, Jawa Barat, Indonesia, 16330 Phone: +62 822 1037 2525 e-mail: tasyri@stai-nuruliman.ac.id Website: www.stai-nuruliman.ac.id
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Tasyri'
Published by Sekolah Tinggi Agama Islam Nurul Iman
ISSN : 28099362     EISSN : 28098625     DOI : https://doi.org/10.53038/tsyr
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Umum - Umum
Articles 7 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2022): Tasyri'" : 7 Documents clear
Membincang Akulturasi Pernikahan: Makna Tradisi Mapacci Pada Pernikahan Adat Suku Bugis Makasar Dwi Hartini; Nuzula Ilhami; Taufiqurohman Taufiqurohman
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.1

Abstract

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.
Analisis Pertimbangan Hakim dalam Putusan No.0253/Pdt.P/2016/Pa.Pbg Tentang Dispensasi Pernikahan Ali Mutakin; Lusi Marwati
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.2

Abstract

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.
Batas Usia Perkawinan Dalam Undang-Undang Nomor 16 Tahun 2019: Analisis Psikologi Dan Maslahah Mursalah Abdul Aziz
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.3

Abstract

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.
Pandangan Kepala KUA Se-Kota Yogyakarta Terhadap Shighat Taklik Talak Mia Fitriah Elkarimah; Devi Asriani
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.5

Abstract

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.
Maqashid Al-Syari’ah Dalam Kajian Teoritik Dan Praktek Siti Sarah; Nur Isyanto
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.6

Abstract

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.
Regulasi Perwakafan Di Indonesia Dalam Perspektif Statute Approach Kama Mir’atul Chasanah; Ghufron Maksum
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.7

Abstract

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.
Cash Waqf Linked Sukuk (CWLS) Dalam Kajian Fatwa DSN MUI Di Indonesia Neneng Puspitasari; Khusnul Khotimah
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.15

Abstract

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.

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