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All Journal AT-TAFAHUM: Journal of Islamic Law
Nasution, Wahida Ariyanti
Medan Area University
Arts Humanities

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The Position Of Legal Philosophy From The Viewpoint Of Islamic Legal Science Nasution, Wahida Ariyanti; Hutabarat, Adinda Putri
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.v6i1.29101

Abstract

Legal philosophy is an important part of the legal scientific framework, serving to answer fundamental questions about the nature of law, its purpose, and its underlying values. From an Islamic perspective, legal philosophy holds a strategic position as a tool for understanding the sharia values that underlie God's laws. This study aims to outline the position of legal philosophy within the perspective of Islamic legal science. A qualitative approach using a literature review method was used in this paper. The results of the study indicate that Islamic legal philosophy occupies a fundamental position as a foundation for formulating and interpreting law, as well as a link between divine revelation and human rationality. Thus, Islamic legal philosophy addresses not only legality but also the morality and spirituality of law
Revitalizing Customary Law as a Source of Law in Building the Indonesian Legal System Nasution, Wahida Ariyanti; Daulay, Luthfi
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.v10i1.29251

Abstract

The neglect of customary law as a source of law in Indonesia is partly due to the assumption that customary law is very traditional and cannot accommodate modern developments (globalization and technology). This study examines which areas of customary law are still relevant in addressing the problems faced by the Indonesian nation in the era of globalization, and how urgent customary law is as a basis for national legal development policies. This study uses a descriptive analytical research method with a normative juridical approach, where data and information will be collected both in terms of its assessment and management are carried out interdisciplinary and multidisciplinary and cross-sectoral. The data and information are then analyzed in depth through normative juridical to obtain a picture of customary law. The results of the study indicate that some customary legal institutions, including inheritance law, customary rights, mortgages, rent, and profit sharing, are still relevant and can be a source of inspiration for the formation of national law and become a source of law in the process of legal discovery. In addition, the existence of these institutions can be used as a reference in the formation of national law and play an important role as a source in the process of legal discovery in Indonesia.
Social Norms and Legal Norms: A Comprehensive Study Of Their Differences, Functions, and Interrelationships in Society Nasution, Wahida Ariyanti; Pratiwi, Nurlila Lila
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29074

Abstract

As social beings, humans can fulfill their own needs without interacting with others, so rules are needed to govern communal life. These rules are known as social norms, which are normative and motivating guidelines for behavior that create order and protect human interests. Social norms grow and develop along with the dynamics of community life and function as a means of social control to prevent conflicts of interest. According to Sudikno Mertokusumo, social norms consist of four types: religious norms, moral norms, politeness norms, and legal norms. Religious norms stem from belief in God and regulate human relationships with the Creator, others, and oneself. Moral norms originate from the human conscience, encouraging good behavior and eliciting regret when violated. Politeness norms arise from customs and traditions within society, aimed at maintaining social harmony. Meanwhile, legal norms are official rules established by the state with strict and enforceable sanctions. These four norms are interrelated and inseparable because together they create order and balance in social life.
Co-Authors Daulay, Luthfi Hutabarat, Adinda Putri Pratiwi, Nurlila Lila