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All Journal AT-TAFAHUM: Journal of Islamic Law
Munthe, Hasan
STAI Aceh Tamiang
Arts Humanities

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Basic Principles and Basic Rules of Islamic Law Munthe, Hasan; Lingga, Febrianti
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29130

Abstract

Islamic law is a legal system that originates from revelation and has unique characteristics. This research aims to examine the basic principles and rules of Islamic law as a basis for determining law. The method used is qualitative research with a normative approach through literature review. The research results show that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility. The principles of Islamic jurisprudence, such as al-umūr bi maqāṣidihā, al-ḍarar yuzāl, and al-mashaqqah tajlib al-taysīr, serve as a methodological framework in establishing law. Thus, these principles and rules are important in legal istinbāṭ so that it remains relevant and responsive to developments in society.
The Criminal Acts of Qisas and Diyat from the Perspective of Islamic Law Munthe, Hasan; Marpaung, Zaid Alfauza
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.v3i1.29104

Abstract

This study aims to analyze the concept of qisas and diyat crimes from an Islamic legal perspective and their relevance in the context of modern law. Qisas is a form of punishment that is proportionate to the perpetrator of a crime, especially regarding the loss of life and body parts, while diyat is compensation or restitution given to the victim or the victim's family as an alternative to implementing qisas. Both concepts have a strong legal basis in the Qur'an and Hadith, which shows that Islamic criminal law has systematically regulated the protection of the right to life. The research method used is normative legal research with a conceptual and legislative approach. The data used are secondary data obtained through literature studies, including primary, secondary, and tertiary legal materials. Data analysis was conducted qualitatively by interpreting and reviewing various relevant legal sources. The research results show that qisas and diyat not only function as sanctions, but also embody the values of justice, humanity, and balance. Qisas provides a deterrent effect and ensures justice for the victim, while diyat opens up space for a more peaceful resolution through forgiveness. In the context of modern law, the concept of diyat shares similarities with the restorative justice approach, which emphasizes restoring the relationship between the perpetrator and the victim. Therefore, the values embodied in qisas and diyat remain relevant for study and can serve as a reference in developing a more humane and just criminal law.
Protection of the Defendant's Human Rights from a Fiqh Perspective (Ta'zir Study and Analysis of Adultery Perpetrators) Munthe, Hasan; Rezeki, M Zul Fadhlan
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i1.29043

Abstract

This paper examines the protection of the defendant's human rights from the perspective of Islamic jurisprudence (fiqh jinayah) by emphasizing the concept of ta'zīr and linking it to the analysis of adultery perpetrators. Islamic jurisprudence is not solely oriented towards punishment, but also upholds procedural and substantive justice through the application of the presumption of innocence, strict standards of proof, and the principle of proportionality in imposing sanctions. In adultery cases, Islamic law stipulates very strict evidentiary requirements, such as valid confessions or testimony that meets certain criteria, thus providing protection for the defendant from the possibility of wrongful conviction. This study uses a library research method with a normative-analytical approach to primary and secondary sources, including classical fiqh literature and relevant contemporary scientific works. The results of the study indicate that the concept of ta'zīr provides discretionary space for judges to impose sanctions that are educational, preventive, and proportional, especially when the elements of hudūd are not met in adultery cases. This discretion allows the judge to consider social conditions, the level of guilt, and the interests of the accused, so that Islamic jurisprudence not only functions as an instrument of law enforcement, but also as a means of protecting human dignity in line with the principles of human rights.
Co-Authors Lingga, Febrianti Marpaung, Zaid Alfauza Rezeki, M Zul Fadhlan