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The Relevance of the Concept of Hirabah to Organized Crime and Modern Terrorism Hairul Anam; Ahmad Rifai Yoga; Nadilah Andini; Wenni Nahdiani Tanjung; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1325

Abstract

This study examines the relevance of the concept of hirābah in Islamic criminal law to contemporary organized crime and terrorism. Historically, hirābah addresses acts of open violence that threaten public security, instill fear, and disrupt social order, with sanctions aimed at protecting life, property, and communal stability. Using a normative legal research method with a qualitative approach, the study analyzes classical fiqh texts, contemporary scholarship, and comparative legal frameworks to explore the elements, characteristics, and objectives of hirābah. The findings reveal substantial conceptual alignment between classical hirābah and modern forms of collective violence, as both involve deliberate acts that destabilize society and generate widespread fear. However, contemporary crimes exhibit complex ideological, transnational, and technological dimensions requiring normative adaptation. The study concludes that while hirābah provides a valuable legal and sociological framework, its application to modern criminality necessitates contextual reconstruction, integrating Islamic jurisprudence with national and international legal systems for effective prevention, deterrence, and public security.
Basic Human Rights Instruments in the Perspective of International and National Law Hairul Anam; Diana Sri Utami
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29029

Abstract

The enforcement of human rights in Indonesia currently faces a number of significant challenges. For example, economically, a large portion of Indonesians is trapped in poverty, and many people commit human rights violations due to economic factors. Human rights issues are not only a national issue but also a global one. The existence of human rights can have an impact on fundamental obligations, both of which are interconnected and go hand in hand. In this context, the solution offered to address the challenges of human rights enforcement in Indonesia is to reconstruct the national legal system, including restructuring law enforcement institutions. This step can improve the national legal system and significantly impact the mechanism for enforcing human rights.
Legal Protection for Female Workers from the Perspective of Employment Law Hairul Anam; Yodha Mufarid Hidayat
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i1.29207

Abstract

This study examines legal protection for female workers in Indonesia using descriptive qualitative methods through a literature review. The results indicate that protection is regulated in Law No. 13 of 2003, which provides special rights such as maternity leave, breastfeeding rights, and work hour regulations to prevent discrimination. However, in practice, obstacles remain, such as discrimination, weak oversight, and low legal awareness. Therefore, strengthened law enforcement, outreach, and affirmative action policies are needed to achieve fairness in the workplace