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All Journal AT-TAFAHUM: Journal of Islamic Law
HM, Misdin Arifin
University Of Malaya Malaysia
Arts Humanities

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Review of Universal Human Rights Theory in the Perspective of Law and Justice HM, Misdin Arifin; Anggraini, Sabna
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.v9i1.29028

Abstract

This study analyzes the conceptual framework and philosophical foundations of human rights (HAM) through a review of key legal theories. The discussion begins with natural law theory, which argues that human rights are inherent, universal, and derived from transcendental ethical principles as a guide for positive law. As an antithesis, this study presents the theory of legal positivism, which emphasizes that human rights are a formal product of state institutions, where legal validity is separate from moral considerations. Next, this study examines theories of justice, particularly John Rawls's concept of "justice as fairness," to analyze the equitable distribution of rights, obligations, and resources within a social structure. The theoretical analysis concludes with a debate between universalism and cultural relativism. Universalism asserts the global applicability of human rights to every individual, while cultural relativism emphasizes the importance of social context, traditions, and local values. By synthesizing these perspectives, this study concludes that a thorough understanding of these theories is crucial for implementing human rights globally while maintaining sensitivity to the diversity of global contexts.
Development of Criminal Law on Corruption in Indonesia: Historical and Legal Review HM, Misdin Arifin; sabrina, aisyah
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i1.29285

Abstract

Corruption is one of the most damaging crimes to the life of the nation and state in Indonesia. The development of criminal law regulations for corruption in Indonesia has undergone a long journey from the colonial period to the reform era. This study aims to examine the historical and juridical development of criminal law for corruption in Indonesia, starting from the Dutch colonial period, the Old Order era, the New Order era, and the post-1998 Reformation era. The research method used is normative legal research with a historical and legislative approach. The results of the study indicate that there has been a significant paradigm shift in the handling of criminal acts of corruption in Indonesia, from a partial and sectoral approach to a more comprehensive and systemic approach. The establishment of the Corruption Eradication Commission (KPK) in 2002 through Law Number 30 of 2002 was an important milestone in the effort to eradicate corruption in Indonesia. However, various regulatory changes and institutional challenges still characterize the journey of corruption eradication to date. This study concludes that strengthening regulations, institutions, and anti-corruption culture simultaneously is the key to the success of corruption eradication in Indonesia.
Analysis Of Islamic Law Regarding The Crime Of Drinking Alcohol (Syubul Khamr) HM, Misdin Arifin; Fadhilah, Naufal
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i2.29141

Abstract

This study aims to analyze the crime of drinking alcohol (syurbul khamr) from an Islamic legal perspective, emphasizing the normative basis, forms of prohibition, and sanctions stipulated in the Shari'a. Alcohol, as an intoxicating beverage, is expressly prohibited in the Qur'an and Hadith because it can damage the mind, which is one of the main objectives of safeguarding the maqashid sharia. This study uses a qualitative method with a juridical-normative approach through a literature study of classical and contemporary Islamic legal sources. The results show that the prohibition of alcohol is not only moral, but also has a strong legal dimension with the existence of hudud sanctions for perpetrators. In addition, Islam also applies a preventive approach by prohibiting all activities related to alcohol, including production, distribution, and consumption. In the contemporary context, law enforcement against this crime faces various challenges, but the values contained remain relevant in maintaining social order and community morals. Thus, the prohibition of alcohol in Islam aims to protect individuals and society from physical, mental, and social damage.
Co-Authors Anggraini, Sabna Fadhilah, Naufal sabrina, aisyah