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Rambe, Dinda Suciana
Sunan Kalijaga State Islamic University Yogyakarta
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Principles of Islamic Law Rambe, Dinda Suciana; Sagala, Eviana
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29149

Abstract

This study aims to analyze the principles of Islamic law as the basic principles in the formation and application of law derived from the Qur'an, Hadith, and the ijtihad of scholars. The research method used is normative legal research with a statutory and conceptual approach, through a literature study of various primary, secondary, and tertiary legal sources. The results show that the principles of Islamic law play a crucial role in realizing the objectives of sharia (maqashid al-syari'ah), namely protecting religion, life, intellect, descendants, and property. These principles reflect fundamental values such as justice, benefit, legal certainty, and flexibility in facing current developments. Apart from that, there are special principles such as eliminating difficulties (nafyu al-haraj), reducing legal burdens (qillat al-taklif), and establishing laws in stages (tadarruj), which show that Islamic law is adaptive, humane, and not burdensome. The application of these principles makes Islamic law remain relevant in various social conditions in society. Thus, the principles of Islamic law not only function as a normative basis, but also as a practical guideline in creating laws that are just, balanced, and oriented towards the welfare of the people.
The Influence of Islamic Business Ethics on Criminal Liability: A Transactional Analysis Rambe, Dinda Suciana; Nurlaili, Putri
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.v7i1.29064

Abstract

This study examines the influence of Islamic business ethics on corporate criminal liability in the context of business law in Indonesia using a normative legal research approach (doctrinal research). The main focus is the principles of muamalah as the foundation of Islamic business ethics that demand justice, trustworthiness, and moral responsibility in corporate activities. This study examines the construction of the element of fault (mens rea) and its relevance in determining corporate criminal liability based on Indonesian positive legal norms. In addition, this study evaluates the application and modification of criminal sanctions in business crime cases that consider the corporation's efforts to comply with or violate muamalah principles. The results of this study are expected to provide a deeper normative understanding of the integration of Islamic ethics in the corporate criminal law system, while also providing recommendations for criminal policy reform that is more responsive to muamalah values.
Analysis of Togel Gambling as a Crime from an Islamic Criminal Law Perspective Rambe, Dinda Suciana; Pasaribu, Harafi
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29160

Abstract

In Indonesian society, gambling remains a controversial issue. Law enforcement has uncovered numerous cases. This demonstrates that gambling in Indonesia has not been eradicated and is a social ill. Gambling involves deliberate wagering, risking a value or something deemed valuable, while acknowledging the risks and expectations inherent in games, matches, competitions, and other events with uncertain outcomes. Verse 90 of QS Al-Maidah clearly forbids gambling, citing its heinous nature as a satanic act. Therefore, we should refrain from engaging in it. Research methodology is a collection of regulations, activities, and procedures employed by practitioners of a discipline. This type of research is normative legal research, also often referred to as library research. Within the framework of the maqāṣid al-syarī'ah (the principles of Islamic law), gambling clearly contains elements of harm that outweigh its benefits. Therefore, prevention and control efforts need to be comprehensive, encompassing legal, social, and religious approaches. In this context, the implementation of legal sanctions for lottery gambling according to the perspective of Islamic criminal law is categorized as ta'zir sanctions, either in the form of caning or other punishments. In addition, sanctions for perpetrators of gambling who use technology, the government can adjust regulations based on applicable laws.
Contemporary Islamic Jurisprudence Study On Interfaith Marriage: A Review Of Modern Schools Of Thought And Scholars Rambe, Dinda Suciana; Pandapotan Simatupang, Raja Albar
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i1.29128

Abstract

Interfaith marriage is a contemporary issue that continues to generate debate in Islamic jurisprudence, particularly in an increasingly pluralistic society. This study aims to analyze the law of interfaith marriage from a contemporary Islamic jurisprudence perspective by reviewing the views of classical schools of thought and the thoughts of modern scholars. The method used is qualitative research with a literature study approach to classical and contemporary Islamic jurisprudence sources. The results of the study indicate that the majority of Islamic jurisprudence schools prohibit the marriage of Muslim women to non-Muslim men, while there are differences of opinion regarding the permissibility of Muslim men to marry women from the People of the Book. In the context of contemporary Islamic jurisprudence, scholars tend to be more cautious, emphasizing the maqāṣid al-syarī'ah approach, especially in maintaining faith, family harmony, and children's education. In Indonesia, interfaith marriage is not legally recognized, thus reinforcing a more restrictive Islamic jurisprudence view. Thus, although there is room for permissibility in classical texts, the practice of interfaith marriage in the modern context is generally viewed as discouraged due to its potential negative impact on domestic life.
Integration of Islamic Inheritance and Customary Inheritance: A Study of the Mandailing Community in Tanjung Village Rambe, Dinda Suciana; Naslim, Naslim
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29060

Abstract

Inheritance law is a part of civil law in Indonesia that regulates the transfer of rights and ownership of property from a deceased person to heirs entitled to receive it. Inheritance law plays an important role because death creates legal consequences regarding the distribution of assets left by the deceased. However, inheritance disputes frequently occur in society, particularly concerning inheritance distribution patterns and the determination of heirs’ rights. In Indonesia, inheritance distribution is regulated not only by the Compilation of Islamic Law but also by customary inheritance systems based on ethnic traditions and local cultural values, which often lead to differences in implementation. This study aims to analyze inheritance distribution practices and examine the interaction between Islamic inheritance law and ethnic customary law in resolving inheritance disputes. The research employs an empirical juridical method with a sociological approach to understand legal practices within society. Data were collected through observations and analysis of social phenomena related to inheritance disputes. The findings indicate that inheritance distribution is influenced by legal awareness, religious values, customary traditions, and family agreements. The coexistence of Islamic inheritance law and customary inheritance law reflects the dynamic nature of inheritance regulation in Indonesia. Therefore, harmonization between legal norms, religious principles, and customary values is necessary to minimize inheritance disputes and promote justice among heirs. This study is expected to contribute to the development of inheritance law and provide references for resolving inheritance disputes within Indonesia’s plural legal system.
Job Offers as A Mode of Human Trafficking Criminal Acts From the Perspectives of Positive Law and Islamic Law Rambe, Dinda Suciana; Kafi, Athaya Khalis
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29089

Abstract

It's important to note that Indonesia is one of the largest suppliers of migrant workers in Asia. Migrant workers are recruited through various means, including both legal (official) and illegal (smuggling) methods. The recruitment of illegal migrant workers has always been linked to slavery, which is one of the forms of human trafficking. In fact, human trafficking crimes have many forms and variations, generally carried out to extort and oppress victims for profit. Although various fundamental prevention strategies have been formulated and implemented, the social reality is that various obstacles are encountered in preventing human trafficking through the placement of migrant workers. Therefore, cooperation and synergy between all individual sectors, law enforcement agencies, and the government are needed.
Co-Authors Kafi, Athaya Khalis Naslim, Naslim Nurlaili, Putri Pandapotan Simatupang, Raja Albar Pasaribu, Harafi Sagala, Eviana