Article Per Year (5 Year)
p-Index From 2021 - 2026
0.659
P-Index
This Author published in this journals
All Journal AT-TAFAHUM: Journal of Islamic Law
Widiansyah, Eko
Hubbulwathan Islamic College Duri
Arts Humanities

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Comparison of Islamic Criminal Law and National Law Regarding the Criminal Act of Rape Against Minors Widiansyah, Eko; Syahri, Alfi
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29223

Abstract

This study examines the comparison between Islamic criminal law and Indonesian national law regarding the crime of rape against minors, focusing on legal regulation, sanctions, and victim protection. The increasing number of sexual violence cases against children in Indonesia highlights a significant gap between existing legal frameworks and their practical implementation. Therefore, this research aims to analyze how both legal systems regulate such crimes, to identify their similarities and differences, and to assess the relevance of Islamic criminal law in strengthening national law. This research employs a normative-empirical legal approach by analyzing statutory regulations, Islamic legal sources (Qur'an, Hadith, and classical as well as contemporary fiqh), and secondary data from official reports and relevant scholarly studies. The data are analyzed qualitatively using descriptive and comparative methods. The findings reveal that Indonesian national law provides explicit and comprehensive regulations, including strict criminal sanctions and mechanisms for victim protection, such as restitution and rehabilitation. However, its implementation remains suboptimal due to structural and cultural challenges. In contrast, Islamic criminal law emphasizes the protection of human dignity and strictly punishes perpetrators while exempting victims from liability, incorporating both punitive and restorative elements. In conclusion, both legal systems recognize rape against minors as a serious crime, yet differ in their legal construction and application. Islamic legal principles, particularly maqashid al-shari'ah, offer significant contributions in enhancing a more just, victim-oriented, and holistic legal framework within the national system.
Dynamics of Islamic Law: The Role of Fiqh Principles and Rules in Contemporary Issues Widiansyah, Eko; Aulia, Riza
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.v9i1.29114

Abstract

Islamic law is a legal system derived from revelation and has unique characteristics that distinguish it from other legal systems. This study aims to analyze the basic principles and fundamental rules of Islamic law that serve as the basis for establishing and implementing law. The method used is qualitative research with a normative approach through a review of classical and contemporary literature. The results of the study indicate that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility in responding to developments. Meanwhile, the rules of Islamic jurisprudence such as al-umur bi maqaṣidiha, al-ḍarar yuzal, al-yaqin la yazulu bi al-shakk, al-mashaqqah tajlib al-taysir, and al-'adah muḥakkamah play an important role in building a systematic and applicable legal framework. These principles and rules serve not only as guidelines for legal istinbaṭ but also as instruments for addressing contemporary legal issues contextually. Therefore, a comprehensive understanding of the basic principles and rules of Islamic law is crucial for realizing laws that are just, relevant, and responsive to societal dynamics.
Consumer Protection in Modern Transactions: A Review Islamic Criminal Law on Breach of Contract Widiansyah, Eko; Lubis, Ratu Naira
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29121

Abstract

This study aims to construct a deep understanding of consumer protection in contemporary muamalah practices through the perspective of Islamic criminal law, with a focus on various forms of contractual deviations that have the potential to cause economic and moral losses. The digital transformation in modern economic activities and the increasing complexity of transaction models have opened up space for unlawful acts, such as fraud (tadlis), uncertainty of contractual clauses (gharar), information manipulation, and fraudulent practices (ghabn). In Islamic criminal law, these forms of violations are classified as ta'zir crimes, namely crimes for which the determination of sanctions is left to the competent authorities in order to maintain public order and welfare. This study uses a literature study method by examining primary and secondary sources from Islamic legal thinkers such as Wahbah az-Zuhaili, Abdul Qadir Audah, and Muhammad Abu Zahrah. The results of the analysis show that Islamic criminal law offers a comprehensive normative framework for consumer protection by upholding the principles of justice, transparency of contracts, and prevention of exploitation. The flexibility of the ta'zir concept also provides room for adjusting the types of sanctions to the dynamics of technology and social needs, including in the context of digital transactions. This study concludes that the integration of fiqh muamalah and fiqh jinayah is a relevant approach to strengthen the consumer protection system in the modern era. This framework not only fills the gap in regulations in the categories of hudud and qishas-diyat, but also confirms that Islamic criminal law is normative and adaptive to the development of contemporary economic practices.
Co-Authors Aulia, Riza Lubis, Ratu Naira Syahri, Alfi