Himmatul Khoiriyah
State Islamic University of North Sumatra

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The Essence of Islam: Conceptual Analysis between Aqidah, Sharia, and Morals Madya Dr. Jasni bin Sulong; Himmatul Khoiriyah
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29126

Abstract

Islamic law represents a comprehensive legal system derived from divine revelation that governs various aspects of human life. Understanding its philosophical foundation is essential to distinguish between the immutable principles of Sharia and the dynamic interpretations developed through fiqh and ushul fiqh. This study aims to analyze the concepts of Sharia, fiqh, and Islamic law and to examine the philosophical relationship among these three fundamental elements within the framework of Islamic legal philosophy. The research employs a normative juridical method using conceptual and theological-normative approaches. Primary legal materials consist of the Qur'an and Hadith, while secondary and tertiary sources include classical and contemporary scholarly works, scientific journals, books, dictionaries, and encyclopedias. Data were collected through library research and analyzed using a descriptive-analytical method. The findings reveal that Sharia constitutes the divine and absolute legal foundation established by Allah, whereas fiqh represents the human understanding and interpretation of Sharia through the process of ijtihad. Ushul fiqh functions as the methodological framework that guides the derivation and formulation of Islamic legal rulings from their authoritative sources. The study further demonstrates that these three components are inseparable and collectively establish a coherent legal system that balances revelation with rational reasoning. A philosophical approach to Islamic law highlights not only its normative character but also its underlying objectives, including justice, public welfare (maslahah), and the realization of the maqasid al-shariah. Consequently, Islamic law should be understood as a dynamic legal system capable of responding to contemporary social developments while maintaining its essential religious values and universal principles.
Legal Protection Model for Victims of Sexual Violence at Universities Case Study: UIN North Sumatra Farhan Fathur Rahman; Himmatul Khoiriyah
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.25184

Abstract

In Indonesia, sexual violence is nothing new. It occurs not only in the workplace, family, and community. Sexual violence also occurs in universities. This is the reason for the issuance of Regulation of the Minister of Education, Culture, Research, and Technology Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education, which requires every university to develop policies regarding the protection of victims of sexual violence in universities. Therefore, the purpose of this study, by examining this incident, is to clarify the Legal Protection Model for Victims of Sexual Violence at the State Islamic University of North Sumatra. The research method used in this study is the Empirical Juridical method with the Statue Approximation approach. After conducting the study, it was discovered that the protection received by victims of sexual violence at the State Islamic University of North Sumatra is in the form of assistance and guarantees of identity confidentiality. Victims of sexual violence also receive legal certainty from the perpetrator and also receive physical and psychological recovery as a result of the sexual violence they experienced.