Title : Tabayyun : Journal of Islamic Studies Abbreviation : tabayyun ISSN : 3046-5729 (online) Editor in Chief : Dr. Heri Firmansyah, M.A. Publisher : Yayasan Dar Arrisyah Indonesia Email : dararrisyahindonesia@gmail.com Frequency : June & December Citedness in : Google Scholar | Garuda | Moraref | Neliti | Copernicus Tabayyun : Journal of Islamic Studies (TJOIS) is an open-access. The subject covers textual and fieldwork studies with various perspectives of law, philosophy, mysticism, history, art, theology, and many more. Tabayyun, published twice a year, always places Islam and Muslim in the central focus of academic inquiry and invites any comprehensive observation of Islam as a theological belief and a system of society and Muslims as those who practice the religion with their many facets. The journal's scope is related to all issues related to islamic studies, both normative and empirical, or classic or contemporary studies. TJOIS invites scholars from all over the world to submit highest quality research articles related to: (1) Islamic theology; (2) Islamic law; (3) Islam and Gender; (4) Islamic education; (5) Islamic mysticism and philosophy; (6) Islamic economics; (6) Study of tafsir and hadith; (7) Islam and Science; and (8) Islamic art and history in Indonesia, Asia and the Middle East.
Transformasi Politik Islam Di Turki Pada Era Erdogan Dalam Perspektif Fiqh Siyasah
This study examines the transformation of Islamic politics in Turkey during the leadership of Recep Tayyip Erdogan through the perspective of fiqh siyasah, particularly the political thought of Al-Mawardi in Al-Ahkam al-Sultaniyyah. The research is motivated by the significant shift in Turkey’s political orientation from strict secularism toward a more accommodative approach to Islamic values within a modern democratic framework. Previous studies have predominantly focused on democratization, Islamic political movements, and Turkey’s foreign policy, while limited attention has been given to evaluating Erdogan’s leadership using the normative framework of classical Islamic political thought. This research employs a qualitative library research method with a normative-analytical approach. Data were collected from classical and contemporary literature related to fiqh siyasah, Turkish political developments, and the political thought of Al-Mawardi. The findings reveal that the political transformation under Erdogan represents a hybridization between Islamic identity and modern democratic governance. From the perspective of fiqh siyasah, Erdogan’s leadership demonstrates conformity with the principles of al-kifayah (leadership capacity), hifz al-din (protection of religion), and maslahah (public welfare), particularly through political stability, economic development, and the strengthening of religious identity in the public sphere. However, challenges remain regarding the implementation of al-'adalah (justice), especially in relation to civil liberties, political opposition, and the concentration of executive power following the 2017 constitutional referendum. Furthermore, the analysis based on maqāṣid al-syarī‘ah indicates that political legitimacy in Islam should not merely be assessed through symbolic religious policies but also through the realization of justice, public welfare, and the protection of fundamental rights. Therefore, the Turkish experience under Erdogan illustrates an adaptive reinterpretation of classical Islamic political principles within the realities of a modern nation-state.
Copyright (c) 2026 Tabayyun : Journal Of Islamic Studies https://creativecommons.org/licenses/by-sa/4.0
Analisis Dugaan Korupsi Pengadaan Laptop Chromebook Kemendikbudristek Dalam Perspektif Hukum Islam
The alleged corruption in the procurement of Chromebook laptops by the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek) has become a significant issue in public financial governance, raising concerns not only from the perspective of positive law but also from the ethical and normative framework of Islamic law. This study aims to analyze the alleged procurement irregularities through the principles of amanah (trustworthiness), ghulul (misappropriation of public assets), and maslahah (public interest) in Islamic law. This research employs a qualitative method with a normative juridical approach based on library research, utilizing primary and secondary legal materials, scholarly literature, and relevant scientific publications. The findings indicate that the management of public assets in Islamic law is fundamentally based on the principle of amanah, which requires integrity, transparency, accountability, and responsibility in exercising public authority. Furthermore, the concept of ghulul provides an ethical framework for evaluating the misuse of public resources and abuse of authority that may undermine justice and public trust. Meanwhile, the principle of maslahah emphasizes that every public policy and budget allocation must be directed toward maximizing social welfare and preventing public harm. This study contributes to the development of contemporary Islamic legal scholarship by demonstrating that the principles of amanah, ghulul, and maslahah can serve as normative instruments for assessing public governance beyond the formal dimensions of positive law. Accordingly, strengthening ethical values rooted in Islamic law is essential for promoting transparent, accountable, and justice-oriented public financial management.
Childfree di Indonesia: Analisis Yuridis atas Pertentangan Hak Reproduksi dan Kewajiban Ḥifẓ al-Nasl
The childfree phenomenon, defined as a conscious choice by individuals or couples not to have children, has increasingly become a social discourse in Indonesia. This lifestyle raises complex legal and ethical questions, particularly regarding the balance between individual reproductive rights and the Islamic obligation of ḥifẓ al-nasl (preservation of lineage), a key principle within maqāṣid al-sharī‘ah. This study employs a normative-juridical approach, combining classical Islamic legal sources, contemporary scholarship, and human rights instruments, to examine whether childfree decisions can be reconciled with Islamic legal principles. The findings indicate that temporary or contextually justified childfree choices may align with maqāṣid principles, particularly when based on health, psychological, or socio-economic considerations. However, permanent childfree choices driven by individualistic or hedonistic motives may conflict with the preservation of lineage and family continuity. This research contributes to bridging the discourse between Islamic law and contemporary reproductive autonomy, emphasizing the need for adaptive legal interpretations that respect both individual rights and communal obligations.
Problematika Pembagian Harta Bersama Pasca Perceraian dan Implikasinya terhadap Hak Kewarisan dalam Perspektif Fiqh Islam
The issue of joint property distribution following divorce remains a significant legal concern in Indonesia, particularly when assets acquired during marriage are transferred to third parties and subsequently affect inheritance distribution. This study aims to analyze the legal status of joint property transferred to third parties after divorce and to examine its implications for inheritance rights from the perspective of Islamic law in Indonesia. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary legal materials include the Marriage Law, the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), and relevant judicial decisions, while secondary materials consist of scholarly books, journal articles, and legal doctrines. The findings reveal that joint property in Islamic law can be understood through the concept of syirkah (partnership), which recognizes the collective ownership of assets acquired during marriage. Consequently, the unilateral transfer of joint property to third parties without the consent of the other spouse constitutes a violation of the principles of justice, trust, and property protection (ḥifẓ al-māl), and such transfers may be legally challenged and annulled. Furthermore, unresolved disputes concerning joint property create legal uncertainty in inheritance distribution because the portion belonging to the former spouse must first be separated before the deceased’s estate can be distributed to heirs. Therefore, the settlement of joint property disputes serves as a legal prerequisite for the implementation of Islamic inheritance law and functions as an instrument to ensure legal certainty, justice, and the protection of property rights. The study contributes to the development of Islamic family law by demonstrating the interrelationship between post-divorce joint property disputes and inheritance law within the framework of syirkah and maqāṣid al-sharī‘ah.
Rekonstruksi Hukum Kewarisan Islam Kontemporer dalam Perspektif Maqāṣid al-Syarī‘ah: Kajian atas Penundaan Pembagian Warisan, Pemerataan Hak Waris, dan Hibah Pra-Wafat di Indonesia
Contemporary Islamic inheritance law encounters various challenges resulting from social change, evolving notions of justice, and increasingly complex family property relations. In Indonesia, the postponement of inheritance distribution, the equalization of inheritance rights, and the use of inter vivos gifts (hibah) prior to death frequently raise legal debates because they appear to conflict with the normative framework of farā’iḍ. This study aims to reconstruct contemporary Islamic inheritance law through the perspective of maqāṣid al-sharī‘ah by examining these three issues within the context of Indonesian Islamic law. This research employs a normative legal method using statutory, conceptual, and analytical approaches. The study relies on primary legal sources, including the Qur’an, Hadith, and the Compilation of Islamic Law (KHI), as well as secondary sources from classical and contemporary Islamic legal scholarship. The findings indicate that postponement of inheritance distribution is permissible when justified by legitimate interests and does not prejudice the rights of heirs. Equalization of inheritance rights may be accommodated through consensual mechanisms such as ṣulḥ and at-takharruj after heirs understand their respective legal shares, as reflected in Article 183 KHI. Likewise, hibah may serve as a lawful instrument of wealth distribution and estate planning, provided that it is not used to undermine the inheritance rights of other heirs. Article 211 KHI functions as a corrective mechanism to ensure fairness in such circumstances. The study concludes that the reconstruction of contemporary Islamic inheritance law requires the integration of farā’iḍ, Islamic legal flexibility, Indonesian positive law, and the objectives of maqāṣid al-sharī‘ah in order to achieve justice, legal certainty, family harmony, and public welfare.
Nikah Siri dan Isbat Nikah dalam Perspektif Fiqh Ahwal Syakhsiyah: Antara Keabsahan Syariat, Kepastian Hukum, dan Perlindungan Perempuan serta Anak
Unregistered marriage (nikah siri) remains a persistent issue in Indonesian Islamic family law due to the tension between religious validity and state legal certainty. Previous studies have generally examined unregistered marriage from separate perspectives, including Islamic legal validity, social consequences, or marriage validation procedures (isbat nikah). However, comprehensive studies integrating fiqh ahwal syakhsiyah, Indonesian positive law, and the protection of vulnerable groups remain limited. This article aims to analyze the legal position of unregistered marriage and marriage validation within the framework of fiqh ahwal syakhsiyah by emphasizing the relationship between religious legitimacy, legal certainty, and the protection of women and children. This study employs normative legal research using statutory, conceptual, and maqashid al-sharia approaches. Primary legal materials consist of Indonesian marriage laws, the Compilation of Islamic Law, regulations on marriage registration, and Constitutional Court decisions concerning children's legal status. The findings reveal that unregistered marriage may be considered valid under Islamic jurisprudence when its pillars and conditions are fulfilled; however, it fails to provide adequate legal certainty within the national legal system. Marriage validation through the Religious Court functions as a corrective mechanism bridging religious validity and state legality. From the perspective of maqashid al-sharia, marriage registration serves as an instrument for protecting hifz al-nasl (lineage), hifz al-mal (property), and hifz al-'ird (honor), thereby safeguarding the rights of women and children. The study concludes that the integration of fiqh norms and state administrative mechanisms is consistent with the objectives of Islamic law in promoting family welfare and legal protection.
Kewajiban Nafkah Suami Terhadap Istri Bekerja Dan Kedudukan Harta Hasil Kerjanya: Analisis Perspektif Mazhab Empat Dan Hukum Positif Indonesia
The development of women's roles in the economic field has given rise to various legal issues related to the concept of qiwamah and the status of a wife's assets in the household. This issue is important because there are differing views among Islamic scholars regarding the requirements and validity of maintenance, as well as differences in regulations between Islamic law and Indonesian positive law regarding the status of a wife's assets. This study aims to analyze a husband's maintenance obligations towards his working wife, understand the concept of qiwamah, and examine the status of the wife's assets earned from her work. This study is a normative legal study with a legislative, conceptual, and comparative approach analyzed qualitatively through literature review. The results show that all schools of thought agree that maintenance is a husband's obligation, although there are differences regarding the requirements, starting time, and amount of maintenance. Qiwamah is understood as a responsibility for leadership and protection within the family related to the obligation of maintenance, not as a form of domination. Furthermore, according to the four schools of thought, the wife's labor-earned assets remain the wife's personal property and do not eliminate the husband's maintenance obligations, except in the case of nusyuz. Under Indonesian positive law, such assets are in principle considered joint property, but individual ownership rights are still recognized. This research provides a more comprehensive understanding of the relationship between livelihood, qiwamah (charity), and the ownership of a working wife's property, as a basis for strengthening more contextual Islamic family law practices.
Konsep Kepemimpinan Dalam Islam dan Perannya Dalam Penegakan Keadilan: Analisis Dalam Konteks Kontemporer
Leadership occupies a central position in Islamic political and social thought, particularly in relation to the realization of justice and public welfare. However, contemporary studies on Islamic leadership tend to focus on normative and theological discussions without sufficiently connecting Islamic leadership principles to the challenges of modern governance. This study aims to analyze the concept of leadership in Islam, examine its role in the enforcement of justice, and reconstruct its relevance within contemporary governance frameworks. Employing a qualitative library research approach, this study analyzes primary Islamic sources, including the Qur'an and Hadith, alongside classical and contemporary scholarly works on Islamic leadership.The findings reveal that Islamic leadership is fundamentally grounded in the principles of trustworthiness (amanah), justice (al-'adl), consultation (shura), accountability (al-mas'uliyyah), and public welfare (maslahah). These principles position leadership not merely as political authority but as a moral and ethical responsibility. Furthermore, the study argues that Islamic leadership can be reconstructed as an ethical leadership paradigm that aligns with contemporary governance principles such as accountability, participatory decision-making, transparency, and social justice. This reconstruction constitutes the main contribution of the study by demonstrating that Islamic leadership is not only a normative religious concept but also a relevant framework for addressing current challenges of governance, including corruption, abuse of power, and declining public trust in institutions. The study concludes that the values of Islamic leadership remain highly relevant in contemporary society and can contribute significantly to the development of ethical, accountable, and justice-oriented governance systems. Future research is recommended to explore the empirical implementation of Islamic leadership principles in governmental, educational, and social institutions.
Distorsi atau Dakwah ? Kajian Pemanfaatan Hadis Dalam Konten Keislaman di Tiktok
The use of hadith in Islamic content on social media has increased significantly alongside the rise of digital platforms as tools for religious outreach. However, this phenomenon raises a critical question: does the use of hadith on social media represent authentic da'wah, or does it risk distorting its meaning? This article aims to examine how hadith is conveyed, quoted, and packaged in Islamic content on social media Tiktok, and to assess its alignment with scholarly principles. Using a qualitative content analysis approach on a selection of popular posts, this study finds that while most content seeks to convey moral messages based on hadith, many overlook context, accuracy, and credible sources. The study concludes that social media Tiktok holds great potential as a medium for da'wah but also presents the risk of distortion if not accompanied by careful handling and sufficient Islamic literacy.
Copyright (c) 2025 Tabayyun : Journal Of Islamic Studies https://creativecommons.org/licenses/by-sa/4.0
Kaidah Fiqhiyyah dan Aplikasinya dalam Hukum Keluarga Tentang Radha’ah (Menyusui)
This study investigates the Islamic legal principles governing radha’ah (breastfeeding) and its implications in family law, particularly in defining mahram (non-marriageable kinship) relationships. Rooted in classical and contemporary Islamic jurisprudence, this qualitative, library-based research identifies the foundational legal maxims: “What is prohibited by lineage is also prohibited by breastfeeding,” “The husband’s milk is the cause of prohibition,” and “Nutrition is the legal cause (‘illah) of prohibition in breastfeeding.” The study emphasizes that radha’ah establishes a familial bond equivalent to nasab (bloodline) and is effective when a child under two years of age is breastfed at least five times. Using sources such as the Qur’an, Prophetic traditions, juristic consensus (ijma’), and classical texts from various madhahib (schools of thought), the research reveals that both the breastfeeding woman and her husband (as the source of the milk) establish mahram ties with the breastfed child. Furthermore, it underscores the biological basis of Islamic rulings by demonstrating that nutritional transmission through milk forms the basis for legal prohibition, reflecting the maqāṣid al-sharī‘ah (objectives of Islamic law). This work offers vital insight into the intersection of biological function, legal normativity, and socio-religious ethics in Islamic family jurisprudence.
Relevansi Qawā‘id Fiqhiyyah dalam Menyelesaikan Problematika Hukum Islam di Era Modern: Studi Pendekatan Normatif terhadap Isu Sosial dan Teknologi
This study discusses the implementation of Qawā‘id Fiqhiyyah (Islamic legal maxims) in addressing and resolving increasingly complex contemporary issues in line with the advancement of time, particularly in the social, economic, and technological domains. Qawā‘id Fiqhiyyah serve as foundational principles in Islamic law that are universal and flexible, enabling them to be applied in response to new problems not explicitly regulated in the scriptural sources (nash). Maxims such as al-‘ādah muḥakkamah (custom is authoritative), al-maṣlaḥah al-mursalah (unrestricted public interest), al-ḍarar yuzāl (harm must be eliminated), and al-mashaqqah tajlib al-taysīr (hardship begets ease) form essential foundations for formulating contextual and beneficial Islamic legal solutions. This research is normative juridical in nature, using a statute approach. Data were obtained from primary legal sources such as the Qur’an, Hadith, and classical texts on uṣūl al-fiqh and qawā‘id fiqhiyyah, supported by secondary and tertiary legal materials. The data analysis technique used is qualitative, with a descriptive-analytical approach. The results of the study indicate that Qawā‘id Fiqhiyyah are capable of serving as adaptive guidelines in establishing Islamic legal rulings on modern phenomena such as digital transactions, sharia-compliant fintech, and contemporary social issues. These maxims provide both theoretical and practical foundations for scholars and academics to perform legal ijtihad, ensuring that Islamic law remains relevant and solution-oriented across eras
Copyright (c) 2024 Tabayyun : Journal Of Islamic Studies https://creativecommons.org/licenses/by-sa/4.0
Teori Kekuasaan Al-Mawardi: Analisis dan Implikasinya di Era Modern
This article examines the classical Islamic political thought of Al-Mawardi, particularly his seminal work Al-Ahkam al-Sultaniyyah, which articulates a theory of power rooted in Islamic law and ethical governance. Al-Mawardi posits that leadership (imamah) is a divine trust aimed at preserving religion and regulating worldly affairs. His framework emphasizes justice, legitimacy, accountability, and the moral qualifications of rulers. Employing a qualitative approach through library research and content analysis, this study explores the relevance of Al-Mawardi's theory in the context of modern political systems, especially Indonesia's post-reform presidential democracy. The findings reveal that despite its theocratic origins, Al-Mawardi's principles can inform contemporary governance models when interpreted adaptively. This study contributes to the discourse on the intersection of Islamic governance and constitutional democracy, offering a contextual reading of classical Islamic norms in light of modern statehood. The article concludes that Al-Mawardi’s ideas remain significant in shaping political ethics in Muslim-majority societies, though practical implementation requires alignment with contemporary values such as human rights, pluralism, and citizen participation.
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Khitbah Virtual Sebagai Alternatif Modern: Dalam Perspektif Fiqih Kontemporer
Khitbah atau bertunangan adalah salah satu proses menuju ke jenjang pernikahan yakni proses perkenalan yang nantinya menyatukan dua insan dan juga dua keluarga diantara mereka. secara singkat, khitbah ialah proses permintaan secara resmi dari seorang laki laki kepada seorang perempuan untuk berjanji menikahinya dihadapan tiap-tiap para keluarga. Namun, seiring perkembangan zaman, teknologi semakin mumpuni untuk masuk dalam tiap tiap aspek perjalanan manusia termasuk proses perlamaran. Yang mana di masa sekarang proses perlamaran dapat dilakukan secara virtual dari jarak antar pihak laki laki dan pihak perempuan yang berjauhan. Tujuan dari penulisan ini ialah untuk mengetahui keabsahan konsep perlamaran tersebut dalam agama islam, yang nantinya menggunakan kajian studi dan beberapa literasi yang berkaitan, dan selanjutnya menggunakan kajian kualitatif, dengan metode deskriptif.
HUKUM PELAKSANAAN IBADAH HAJI MENGGUNAKAN UANG HARAM MENURUT FIQIH KONTEMPORER
This paper explores the protection of women's rights within marriage from the perspective of Islamic law, particularly as codified in Indonesia's legal framework. Using a normative juridical approach, this study examines primary and secondary legal sources—including the Qur’an, Hadith, the Compilation of Islamic Law (KHI), and relevant Indonesian statutes—to assess the extent and implementation of women’s legal protections in marital life. Key areas of focus include women’s rights to maintenance, equitable treatment, protection against domestic violence, and fair division of property post-divorce. The analysis reveals that Islamic legal doctrines, when interpreted within the framework of maqāṣid al-sharī‘ah (objectives of Islamic law) and siyasah syar‘iyyah (Islamic governance), provide a robust foundation for gender justice and legal empowerment of women. However, cultural patriarchal biases and institutional shortcomings continue to hinder effective enforcement. The study underscores the role of the state in safeguarding women’s rights as part of its obligation to uphold public welfare and eliminate gender-based discrimination. Ultimately, the paper advocates for a gender-responsive reinterpretation of Islamic norms and stronger legal institutions to ensure substantive equality and protection for women in marriage.
Operasi Plasik Dalam Perspekif Fiqh Kontemporer
Plastic surgery represents a significant advancement in the medical field, sparking diverse perspectives in contemporary Islamic jurisprudence. This phenomenon encompasses not only health-related concerns but also ethical, legal, and religious dimensions. In Islamic legal discourse, altering the physical form created by Allah SWT is a sensitive issue, especially when done solely for aesthetic purposes without medical necessity. This article aims to evaluate contemporary scholars’ views on plastic surgery by examining the various types of procedures (hajiyah and tahsiniyah), their Islamic legal basis, and the conditions under which they may be permitted. The research employs a descriptive qualitative approach through a literature review of scholarly opinions and contemporary sources. The findings indicate that plastic surgery is permissible in Islam if intended to restore bodily function or correct deformities caused by accidents, congenital conditions, or other medical needs. However, when carried out purely to alter Allah’s creation for personal satisfaction, such acts are considered a form of tasyabbuh (imitation) and are therefore prohibited. Consequently, contemporary Islamic jurisprudence allows for a degree of flexibility regarding plastic surgery, provided it aligns with the principles of maqāṣid al-sharī‘ah and is approached with caution.
Pornografi dan Pornoaksi dalam Perspektif Fiqh Kontemporer dan Sistem Hukum di Indonesia
Pornografi dan pornoaksi merupakan permasalahan sosial yang semakin kompleks di tengah kemajuan teknologi digital. Fenomena ini bukan hal baru di Indonesia, namun perkembangannya semakin pesat seiring mudahnya akses melalui perangkat digital seperti smartphone, laptop, dan komputer. Dalam perspektif Islam, meskipun istilah pornografi tidak disebutkan secara eksplisit, larangan terkait melihat atau memperlihatkan aurat serta mendekati perbuatan zina telah diatur secara tegas dalam Al-Qur’an, Hadis, dan kaidah fikih. Di sisi lain, dalam sistem hukum Indonesia, terutama dalam Kitab Undang-Undang Hukum Pidana (KUHP), cyber pornography diklasifikasikan sebagai kejahatan terhadap kesusilaan. Fenomena ini juga erat kaitannya dengan sistem ekonomi pasar, di mana pornografi kerap dijadikan komoditas yang sulit diberantas secara total. Artikel ini bertujuan untuk mengkaji lebih lanjut definisi serta kedudukan hukum pornografi dan pornoaksi dari perspektif Islam dan sistem hukum Indonesia. Metode yang digunakan adalah studi pustaka dengan mengacu pada buku, e-book, internet, dan jurnal ilmiah, sehingga menghasilkan analisis yang valid dan relevan untuk dipelajari lebih lanjut.
Rekontekstualisasi Hadis Dalam Dakwah Digital: Studi Kasus Akun Tiktok Kadam Sidik
This study aims to examine how hadiths are recontextualized within digital da'wah practices, focusing on the TikTok account of Kadam Sidik as a case study. The research explores the transformation of classical Islamic messages into contemporary digital narratives tailored for short-form video platforms. Using a qualitative content analysis method, the study analyzed selected TikTok videos that explicitly reference or interpret hadiths, examining their thematic focus, visual presentation, and engagement strategies. The findings reveal that Kadam Sidik employs a contextual and conversational approach, adapting hadith content to resonate with younger, digitally-native audiences. His videos often simplify complex theological messages using local idioms, storytelling, humor, and culturally relevant analogies, thus enabling broader accessibility and emotional connection. Furthermore, the integration of hadith into popular TikTok formats, such as duets, reactions, and trending audio, illustrates a dynamic form of religious communication that blends tradition with modernity. The study concludes that the recontextualization of hadith in digital da'wah not only revitalizes classical Islamic teachings but also signifies a broader shift in religious authority and pedagogy within the social media landscape. These findings suggest the need for further scholarly attention to how digital platforms are reshaping the ways sacred texts are interpreted, transmitted, and received in the contemporary Muslim world.
Implementasi Kaidah Al-Yaqinu La Yuzalu Bi Al-Syakki Dalam Ibadah
The rule (qaidah) of Al-Yaqinu La Yuzalu bi Al-Syakki is present as a fundamental principle that provides guidance in dealing with these doubts. This rule was first formulated by classical scholars and continues to develop into one of the important pillars in decision-making of Islamic law. This study examines the implementation of the fiqh rules "Al-Yaqinu La Yuzalu bi Al-Syakki" (belief cannot be eliminated by doubt) in the context of the implementation of Muslim worship. This rule is one of the fundamental principles in Islamic law that has broad implications in various aspects of worship. This study aims to analyze the application of these rules in various contemporary worship problems and their relevance to modern life. This research is a doctrinal research with a literature study approach. That is a study by reading from various references with the object of research, namely about how to implement the rules in the matter of worship and muamalah. The results of the study found that this rule is one of the foundations of the postulates used in the issue of worship and muamalah.
Copyright (c) 2024 Tabayyun : Journal Of Islamic Studies
Dinasti Politik Di Indonesia Dalam Perspektif Fiqh Siyasah
Islam does not havei ai completei and prei-eixisting political or governmental system, including discussions about political dynasties. Thei phenomenon of politicail dynaistieis occurreid in thei history of Islaim, ais weill ais in Indoneisiai, during thei reformerai, its scopei expanded from regional to national levels. Indeed, therei is no policy that prohibits political dynasties in Indonesiai from implementing it, but if this situation continues, it can threaten thei existencei of thei Indonesian government and damagei thei essence of democracy. This study aiims to explain how the practice of political dynasties existed in Indonesia during thei reformera and explain how contemporary Islamic jurisprudence views, in this case using thei ideology of Muhammaid Abid Al-Jabiri's political essay, the practice of political dynasties in Indonesiai. Thei research method used in this study is library research, using normativei, historical, and sociological approaches. Thei analysis technique of this study uses content analysis. The results of this study indicatei that the practice of political dynasties in Indonesiai raises many different problems, ranging from politics to economics. The development of political dynasties in Indonesia is also influenced by several factors, including the absence of policies that prohibit political dynasty activities, and others. In the practice of political dynasties in Indonesiai, faith is interpreted as political ideology, ethnicity as nepotism and ghanimah as economic interests, whether the economic interests of the political dynasty or others.
Pengaruh Hukum Islam Terhadap Pembentukan Hukum Nasional
Islamic law has a significant role in the formation of national law in Indonesia, especially considering this country's status as a nation with the largest Muslim majority in the world. This article discusses how the principles of Islamic Law are integrated into the national legal system, both through legislation and recognition of customary law based on Islamic values. This research uses a normative juridical approach by examining statutory regulations, court decisions and other legal documents. The results of the study show that the contribution of Islamic law can be seen in various aspects, such as family law, sharia economic law, and sharia banking, as well as in the regulation of zakat and waqf. However, this integration still faces challenges, including the plurality of laws in Indonesia and the need to maintain the principles of diversity and justice for all citizens. This article recommends strengthening harmonization between the principles of Islamic law and universal principles in national law in order to create an inclusive and just legal system.
Politik Hukum Islam Pada Bidang Agraria : Analisis Hukum Agraria Masa Khilafah Untuk Pembangunan Hukum Agraria Nasional
This study examines Islamic agrarian legal politics and its relevance to the development of Indonesia’s national agrarian law. Using a doctrinal legal research method with a fiqh siyasah approach, the study analyzes agrarian governance in Imam al-Mawardi’s Al-Ahkam al-Sultaniyyah wa al-Wilayat al-Diniyyah, supported by classical fiqh literature and contemporary agrarian law scholarship. The study finds that Islamic agrarian legal politics is founded upon the principle of divine sovereignty, under which Allah is recognized as the ultimate owner of all agrarian resources, while the state and citizens act as trustees responsible for their management and utilization. The findings further show that Islamic law recognizes individual ownership rights while granting regulatory authority to the state to ensure equitable distribution, sustainable resource management, and public welfare. Agrarian governance is directed toward the realization of maqāṣid al-sharī‘ah, including the protection of religion, life, intellect, lineage, property, dignity, and the environment. The study also identifies policy instruments such as iqṭā‘ tamlīk, iqṭā‘ istighlāl, al-ḥimā, and al-irfāq as mechanisms through which the state may promote distributive justice and ecological sustainability. This research contributes to Islamic agrarian legal theory by formulating Islamic agrarian legal politics as a framework that balances individual rights, state authority, and environmental protection for the development of agrarian law reform in Indonesia.
Penerapan Hukum Islam Dalam Peraturan Perundang-undangan di Indonesia
The process of developing Indonesia's national legal system involves a complex configuration of various issues of public interest and expectations, in which Islamic law plays a significant role as a source of law. There are several challenges in integrating Islamic law with the national legal system, such as differences in understanding of harmony with the basic principles and practical difficulties in its application. This research uses a normative approach with a literature method that focuses on the review of documents and literature related to the application of Islamic law in the Indonesian legal system. The purpose of this research is to examine more deeply the understanding of the interaction between Islamic law and principles, that Islamic law has a significant influence on the development of legal norms and principles in the Indonesian legal system. The findings of this study indicate that Islamic law has a significant influence on the development of legal norms and principles in the Indonesian legal system. Islamic law is one of the authoritative sources in the formation of national law, such as in the marriage law and the religious justice law.
Judi Online Dalam Perspektif Hukum Islam Dan Undang-Undang Di Indonesia
Online gambling has become a rapidly growing social issue in the digital era. From the perspective of Islamic law, gambling is categorized as a prohibited act (haram) because it contains elements of maysir (gambling), which contradicts the values of justice, honesty, and lawful effort. This prohibition is emphasized in the Qur'an, such as in Surah Al-Baqarah (2:219) and Al-Maidah (5:90-91), which describe gambling as an act that brings great sin and corrupts societal morals. Meanwhile, under Indonesia's positive law, gambling, including online gambling, is also considered an illegal act. This is regulated in Articles 303 and 303 bis of the Indonesian Criminal Code (KUHP). Furthermore, online gambling is specifically prohibited under Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law). The law explicitly bans all forms of gambling activities using information technology, with criminal sanctions in the form of imprisonment or fines for offenders.
Aplikasi Kaidah Al-Umuru Bi Maqasidiha Dalam Aspek Ibadah
Qawaid al-Fiqhiyah has a strategic role in helping to formulate laws from problems that are not specifically explained in both the Quran and Hadith. This research aims to analyze the rule of Al-Umuru Bi Maqasidiha which relates to every word and action of the subject depending on the intention. the research method uses the literature study method as a data collection technique. The data collected is about how qawaidh fiqhiyyah is used as the basis for postulates in matters of worship. The results show that the rule of Al-Umuru Bi Maqasidiha is one of the fiqh rules that contains sharia law that a person in doing an act essentially has a certain purpose or intention. In terms of worship, a mukallaf must first intend to distinguish between acts of worship and deeds that have become habits in the surrounding environment.
Qawaidh fiqhiyyah Sebagai Landasan Dalil Hukum Islam
Qawaid fiqhiyyah (rules of fiqh) have a very important role in the development of Islamic law, because they provide the basic basis for determining and applying legal arguments in various contexts. This article discusses the role of qawaid fiqhiyyah as a guide in understanding and formulating the postulates of Islamic law, as well as how they are applied in solving contemporary fiqh problems. These fiqh rules, such as "al-umur bimaqasidiha" (everything is judged based on its purpose) and "la darar wa la dirar" (should not cause harm), function as universal principles that allow flexibility in responding to social developments and changing times. Through the application of qawaid fiqhiyyah, ulama and fuqaha can carry out ijtihad and produce fatwas that suit the needs of society without violating the basic principles of sharia. Therefore, qawaid fiqhiyyah is an important basis for enforcing Islamic law that is relevant and applicable in various life situations. This article also examines how qawaid fiqhiyyah functions in ensuring the continuity and relevance of Islamic law in facing the challenges of modernity.
Implementasi Di Indonesia Dalam Penghukuman Terhadap Penyalahgunaan Narkoba Perpektif Hukum Islam
Law No. 35 of 2009 explains that narcotics are substances, synthetic or semi-synthetic drugs derived from plants that can cause loss or alteration of consciousness, numbness, or reduced or eliminated pain. Narcotics crimes are categorized as relatively new offenses that emerged in the modern era. Cases of narcotics abuse in Indonesia continue to increase regardless of age or social background. This law regulates legal sanctions for narcotics offenders, ranging from capital punishment, imprisonment, detention, fines, to medical and social rehabilitation. The imposition of penalties considers juridical aspects, including the fulfillment of charges by the Public Prosecutor, as well as non-juridical factors, which include aggravating and mitigating considerations related to protection.
Dinasti Politik Di Indonesia Dalam Perspektif Hukum Islam
Islam has no a complete and ready-made political system and governance, including the discussion about the political dynasty. The phenomenon of political dynasties has occurred in Islamic history, also in Indonesia, in reform era from the regional to national level. If seen in legal aspect, there is no any policy prohibiting the practice of political dynasty in Indonesia, but if this still continues, it can threaten the sustainability of the Indonesian government and damage the substance of democracy as a system used in governance. This study aims to explain how the practice of political dynasty in Indonesia during the reform era and to explain how contemporary Siyasah Figh perspective, which in this case uses Muhammad Abid Al-Jabiri's political reasoning thoughts on the practice of political dynasties in Indonesia. The research method used in this research was library research that is by collecting data and information through the study of various library materials as research sources. The analysis technique in this study used content analysis. The results of this study showed that the practice of political dynasty in Indonesia has emerged any issues from the political to economic aspect. The increasing political dynasty in Indonesia is also determined by a number of factors, some of which are the absence of policy prohibiting the practice of political dynasty. In the perspective of al-Jabiri about the political rationale, it consists of three dominant motives: aqidah (faith), kabilah (tribes) and ghanimah. Al-Jabiri historically confirmed the practice of political dynasties. In practice, political dynasty in Indonesia, aqidah is defined as a political ideology, tribes as nepotism, and ghanimah as economic interests, both economic benefits from political dynasties, or economic interests to continue to grow a political dynasty.
Pengaruh Dakwah Terhadap Kepatuhan Hukum Islam Di Kalangan Mahasiswa Universita Islam Negeri Sumatera Utara
This study aims to analyze the impact of da'wah on the level of compliance with Islamic law among students at the State Islamic University of North Sumatra (UINSU) using a qualitative approach. The method employed is a phenomenological study, where data was collected through in-depth interviews, observation, and documentation from students across various faculties. The results show that da'wah delivered through lectures, regular study sessions, and social media has a significant influence on shaping students' understanding and adherence to Islamic law, particularly in the aspects of worship, mu'amalah, and ethics. The findings indicate that students consistently exposed to da'wah exhibit higher levels of compliance compared to those who are minimally involved in da'wah activities. This study concludes that da'wah plays a crucial role as an instrument to strengthen the implementation of Islamic law among students, with recommendations to optimize da'wah approaches based on dialogue and digital technology.
Hak Asasi Manusia Dalam Perspektif Hukum Islam dan Undang-Undang Di Indonesia
Human Rights (HAM) are universal principles which emphasize that human dignity is a basic right that cannot be abolished. In Islamic law, Human Rights (HAM) are based on maqashid sharia, namely the main goal of sharia which functions to protect basic rights such as the right to life, religious freedom and justice. This view emphasizes that these rights are human nature and must be protected without discrimination. On the other hand, Law no. 39 of 1999 concerning Human Rights and the 1945 Constitution provide a positive legal structure that protects the human rights of every person in Indonesia. These two legal systems are in harmony in the basic principles of respect for human rights, although there are differences in the methods and implementation. Collaboration between Islamic law and Indonesian positive law is a challenge and opportunity to build a stronger legal basis for universal and contextually appropriate human rights protection for Indonesian society.
The Saljuq Dynasty: The History of the Establishment and Development of Civilization
Abstract : The Saljuq Dynasty is one of the dynasties that has ever existed in the history of Islamic government. This dynasty was an independent dynasty independent of the Abbasid Dynasty rule in Baghdad. The Saljuq dynasty made the territory of present-day Afghanistan the center of government, far from Abbasid rule in Baghdad. There are many advances in civilization that were built during the establishment of the Saljuk dynasty, including the establishment of Madrasah Nizamiyah which was once led by a great scholar who was very famous among Muslims, namely Imam Al-Ghazali. This article was written in order to explain the history of the founding of the Saljuq dynasty, the development of its government and the progress of civilization achieved during its reign.