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All Journal Madinah: Jurnal Studi Islam Al-Musthofa: Journal of Sharia Economics Alamtara: Jurnal Komunikasi dan Penyiaran Islam
Ahmad Badrut Tamam
Institut Agama Islam Tarbiyatut Tholabah Lamongan, Indonesia
Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Library & Information Science

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Konsep Subyek Hukum Dalam Hukum Islam, Hukum Positif dan Kompilasi Hukum Ekonomi Syariah Ahmad Badrut Tamam
Al-Musthofa: Journal of Sharia Economics Vol. 1 No. 2 (2018): Al-Musthofa: Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Tarbiyatut Tholabah

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Abstract

Indonesia is a legal state that recognizes everyone as a human being against laws which means that everyone is recognized as a legal subject. Long before the law, provisions regarding humans as legal subjects were regulated in Islamic law, which is called mahkūm ‘alaih. The term legal subject continues to grow with the existence of legal subjects other than people, namely legal entities. Development The term legal entity in Indonesia goes hand in hand with the ratification of several Islamic laws and regulations, such as the law on waqf, the law on zakat, the law on the Religious Court, and the Compilation of Syariah Economic Law (KHES). This paper intends to describe the differences and similarities in the concept of legal subjects in Islamic law, positive law and the compilation of Shari'ah Economic Law.
Hibah dan Korelasinya Dengan Kewarisan; Pemerataan Ekonomi Dengan Prinsip Keadilan Dalam Keluarga Ahmad Badrut Tamam
Al-Musthofa: Journal of Sharia Economics Vol. 2 No. 1 (2019): Al-Musthofa: Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Tarbiyatut Tholabah

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Abstract

Some Muslims consider that the provisions in Islamic inheritance law (faraid) cause and separate the problem. Cases of inheritance distribution often end in disputes. In addition to using inheritance law, transfer of ownership of property in Islam can also be done through grants. For parents it is possible to share his wealth with his children and family or other heirs, while he is still alive. Is not that way disputes that occur between heirs can be minimized. It is therefore important to look for correlations between grants and inheritance to realize the equitable distribution of the economy in the family.
Ujaran Kebencian Di Media Sosial Perspektif Hukum Islam dan Hukum Positif Di Indonesia Ahmad Badrut Tamam
ALAMTARA: Jurnal Komunikasi dan Penyiaran Islam Vol 5 No 1 (2021): Alamtara: Jurnal Komunikasi dan Penyiaran Islam
Publisher : Program Studi Komunikasi dan Penyiaran Islam (KPI) Institut Agama Islam Tarbiyatut Tholabah (IAI TABAH)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/alamtara.v5i1.678

Abstract

Everyone has the right to express opinions through various media, including social media. But some people use social media to express negative things, including hate. The appearance of hate speech acts can cause hatred and attack the honor of other individuals or groups. An in-depth assessment is needed regarding hate speech in the view of Islamic law and positive law. The problem studied by the author is how the views of Islamic law and positive law on hate speech acts are carried out on social media. The purpose of this paper is to find out hate speech through social media in the view of Islamic law and laws relating to information and electronic transactions in Indonesia.
  Islamic Law and Indonesia’s New Criminal Code: a Critical Analysis Based on Maqāṣid Al-Sharī‘ah Ahmad Badrut Tamam; Moh. Aqil Musthofa; Moh. Sahlul Khuluq
MADINAH Vol 13 No 1 (2026): Madinah: Jurnal Studi Islam
Publisher : INSTITUT AGAMA ISLAM TARBIYATUT THOLABAH LAMONGAN, INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/madinah.v13i1.4732

Abstract

Indonesia's New Criminal Code (Law Number 1 of 2023) has reignited debates that criminal law scholars and civil society have long been circling, where exactly does the state's reach into private conduct end, and what legitimizes that reach in the first place. The provisions on presidential insult (Articles 218–220) and sexual morality, adultery and cohabitation outside marriage (Articles 411–412), have attracted the sharpest criticism, not just from human rights advocates but from practitioners who know how vague criminal provisions behave in politically sensitive environments. This article runs those provisions through maqāṣid al-sharī'ah, not as theological endorsement or refutation, but as a proportionality framework with genuine teeth. The approach is normative and doctrinal. What the analysis consistently finds is that the contested provisions criminalize conduct without adequately showing what harm they prevent, a gap that maqāṣid theory does not overlook, and that criminal law doctrine cannot responsibly ignore.
Co-Authors Moh. Aqil Musthofa Moh. Sahlul Khuluq Siti Fahimah