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INDONESIA
AT-TAFAHUM: Journal of Islamic Law
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Core Subject : Humanities, Art,
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Articles 23 Documents
Search results for , issue "vol 1, no 1 (2017)" : 23 Documents clear
Analysis of Religious Court Judges' Decisions Class IA City Of Medan: Case Study Of Marriage Confirmation Case Reg Number: 51/Pdt.P/2015/PA Medan Indra Bachri
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (155.054 KB) | DOI: 10.47006/attafahum.v1i1.672

Abstract

This study starts from a decision of a judge of the Class IA Religious Court of Medan City who accepted and determined the application for Marriage Confirmation registered by Applicant I and Applicant II on behalf of Arifin bin Mhd Isya and Dahniar binti Burhanuddin who were married by the Judge Guardian on behalf of Anwar who in this case has the status of Assistant Marriage Registrar (P3N), then the decision issued by the judge of the Class IA Religious Court of Medan City on the application for Marriage Confirmation submitted by the applicant is legally flawed, because the judge did not take the PMA RI as a consideration, the judge only used the Circular Letter of the Supreme Court Number 3 of 2014 as a consideration where the Religious Court can validate the application for Marriage Confirmation submitted with the consideration of providing facilities to the applicant so that they can complete the population administration and civil registration which ultimately ignores the order of Law Number 1 of 1974 which mandates the Ministry of Religion to register marriages as well as to regulate marriage requirements where the position of the marriage guardian is a very urgent position in a marriage.
Orphans As Mustahik Of Zakat in Sipirok District Tapanuli Regency South: A Study Of The Sociology Of Law Ilham Dani Siregar
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (125.858 KB) | DOI: 10.47006/attafahum.v1i1.756

Abstract

Zakat is an obligation for every Muslim who has a purpose and objective.to share with those who are less fortunate. From a social perspective, zakat is prescribed with the aim of eradicating poverty and destitution among Muslims, so that Allah SWT. makes rules and provisions in the distribution of zakat such as the time and amount of zakat that must be paid. Allah also determines the people who are entitled to receive zakat, so that the zakat is right on target and to avoid errors in its distribution as happened in Sipirok District, South Tapanuli Regency. Muzakki makes orphans as mustahik zakat and even prioritizes them over mustahik zakat mentioned in the Quran. How is the implementation and what are the factors causing the Muslim community in Sipirok District, South Tapanuli Regency to make orphans as mustahik zakat and even prioritizes them over other mustahik zakat.
Sofyan Syafri Harahap's Thoughts on Sharia Accounting and Its Implementation Abdul Hakim; Ahmad Riyansyah
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (147.832 KB) | DOI: 10.47006/attafahum.v1i1.837

Abstract

This study examines Sofyan Syafri Harahap's thoughts on Sharia Accounting and its urgency in contemporary accounting practices. The study is based on the criticism of conventional accounting, which is considered unable to fully guarantee justice, transparency, accountability, and truthfulness in financial reporting. Conventional accounting is often viewed as being influenced by capitalist ideology, emphasizing profit maximization and material interests while neglecting ethical and spiritual dimensions. According to Sofyan Syafri Harahap, accounting should not merely function as a tool for decision-making but also as a means of accountability to stakeholders and ultimately to Allah SWT. The study reveals that the concept of Sharia Accounting is rooted in Islamic teachings, particularly in the principles of justice, honesty, transparency, and accountability as reflected in the Qur’an, especially Surah Al-Baqarah verse 282. Sharia Accounting seeks to ensure that financial information is free from fraud, manipulation, and injustice while promoting ethical economic activities. Sofyan Syafri Harahap argues that Islamic accounting existed conceptually long before the emergence of conventional accounting introduced by Luca Pacioli and that accounting practices should be aligned with Islamic values and objectives.
Evidence Of Adultery According To Qanun Jinayah No. 6 Of 2014 And Syafi'iyah Fiqh Abdullah Abdullah
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (171.944 KB) | DOI: 10.47006/attafahum.v1i1.971

Abstract

This article aims to provide a comparison between the Aceh Qanun Jinayah and Shafi'iyah Jurisprudence, as implemented in Aceh. What are the provisions regarding evidence of adultery in Qanun No. 6 of 2014 and Shafi'iyah Jurisprudence, and what are the differences between the two? To obtain these answers, this research is a qualitative descriptive study using library research techniques (library research). All sourcesdata obtained from literature available in the library. The method used to analyze data is descriptive analysis and interpretation methods. The descriptive analysis method is a method used in writing by presenting the data obtained and the problems that arise to be analyzed according to the discussion. Meanwhile, the interpretation method is drawing conclusions from the author's own understanding of the opinions quoted from a reference. The results of this research are that the evidence of adultery contained in qanun jinayah no. 6 of 2014 is the result of a combination of schools of jurisprudence including Shafi'i jurisprudence. However, the qanun jinyah does not contain in detail the criteria that will be used as evidence of adultery, in contrast to the Syafi'i fiqh which explains it in detail. Then in qanun jinayah no. 6 of 2014 added that DNA test results are evidence of adultery for pregnant women and these results are not found in Syafi'i jurisprudence.
Role And Impact Of Empowerment Programand Family Welfare Towards The Economic Welfare Of Residents Of Sei Kera Hilir II Village Medan City Ahmad Nizar Mohammad Syamwil; Muhammad Anshar
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (184.833 KB) | DOI: 10.47006/attafahum.v1i1.926

Abstract

This study examines the concept of empowerment in Islam, welfare from an Islamic perspective, and the role of the Family Welfare Empowerment Movement (PKK) in improving the economic welfare of residents in Sei Kera Hilir II Subdistrict, Medan. The concept of empowerment in Islam emphasizes efforts to strengthen individual and community capacities through independence, productivity, and social responsibility. Islamic teachings encourage empowerment by developing human potential, providing opportunities for self-reliance, and fostering cooperation in achieving social welfare. Welfare in Islam is understood as a holistic condition that includes material, spiritual, and social fulfillment, both in this world and the hereafter. The findings indicate that the PKK has played an important role in community empowerment through various programs, including skills training, entrepreneurship development, health promotion, educational support, environmental sustainability, and family welfare improvement. Several successful empowerment initiatives have enabled residents to develop home industries, handicraft businesses, food processing enterprises, and other income generating activities that contribute to family economic resilience. Furthermore, PKK activities have enhanced community participation, strengthened social solidarity, and improved awareness of health, education, and environmental management.
The Role Of Laz As A Zakat Manager In Productive Zakat Use: Case Study Of Rumah Zakat Medan Sri Wahyuni
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (179.397 KB) | DOI: 10.47006/attafahum.v1i1.1186

Abstract

Productive utilization of zakat by the Zakat Collection Institution (LAZ) will bring in benefit for The establishment of Islamic principles and the enhancement of the socio-economic resources of the Muslim community in Indonesia. The productive utilization of ZIS is in line with Islamic principles that aim to achieve the welfare of the community. Moreover, this has been regulated (legislated) by the government. Rumah Zakat is one of the Zakat Collection Institutions (LAZ) that has obtained a permit and is in accordance with Article 18 of Law Number 23 of 2011 concerning Zakat Management. This institution has attempted to distribute zakat in a non-consumptive manner, namely by giving it directly to eight asnaf without being utilized so that the zakat is used up and there is nothing left. This zakat house has tried to distribute zakat in a productive way, including by providing zakat in the form of capital loans in the form of independent community businesses in the form of charity loans. The utilization of productive zakat carried out by the zakat house motivated the author to conduct more intensive research to see how the law of productive zakat, whether providing capital for independent businesses from zakat assets to mustahik is justified in sharia, whether in the utilization of productive zakat there are obstacles faced by the zakat house.
The Effectiveness of the Implementation of Local Regulations on Muslim Women's Clothing In Encouraging Implementation of Islamic Teachings: A Case Study At State Senior High School 5 In Padangsidimpuan City Mhd. Nur Husein Daulay
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (154.036 KB) | DOI: 10.47006/attafahum.v1i1.671

Abstract

The effectiveness of implementing regional regulations on Muslim clothing for men and women in encouraging. The implementation of Islamic teachings (Case Study at State Senior High School 5 in Padangsidimpuan City) is a study of regional autonomy or decentralization starting from the division of authority from the central government to regional governments. This regional regulation is a response to the real conditions related to the decline in morality and ethics of students, especially in senior high schools. This study describes the problem in detail. comprehensive, holistic, integrative, as a characteristic of qualitative research. Research is focused on understanding the effectiveness of implementing the use of Muslim clothing for men and women using a public policy approach as a tool for analyzing policy. The focus of this policy's target audience is: school students and educational units as implementers and supervisors of the policy. (2) The outline of the Padangsidimpuan city government's policy formulation regarding the use of Muslim clothing for men and women cannot be separated from key actors (key actors) involvement stakeholders and cross-party advocacy in the policy-making process and mechanisms implementation. (3) The implementation of the policy is running well.
Marriage Confirmation: Secret Marriage And Division Of Joint Assets Muhammad Adami
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (138.401 KB) | DOI: 10.47006/attafahum.v1i1.957

Abstract

One of the consequences of divorce from a sirri marriage or underhand marriage is related to the wife's share of the joint property. This is because in a sirri marriage or underhand marriage there are no provisions regarding the division of joint property. Provisions regarding the division of joint property are only regulated in registered marriages as stipulated in the Compilation of Islamic Law, Article 7, number 3 letter (a), that marriage confirmation provides a way for the interests of husbands and wives who have had a sirri or underhand marriage to be registered under state law. From an empirical legal perspective, the 120 people who participated in the marriage confirmation hearing on April 21, 2017, which was first held in Hamparan Perak sub-district, Deli Serdang, are proof that the community believes that marriage confirmation is the best solution.
PROBLEMATIKA PELAKSANAAN PERKAWINAN DI BAWAH UMUR DI KANTOR URUSAN AGAMA SE-KECAMATAN KOTA BINJAI: Analisis Undang-Undang No. 1 Tahun 1974 tentang Perkawinan dan Hukum Islam Dede Hafirman Said
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : UIN SU

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.164 KB)

Abstract

Abstrak: Penelitian ini bertujuan untuk mengetahui sistem pelaksanaan perkawinan anak dibawah umur dipandang dari segi Hukum Islam dan Undang- Undang No. 1 tahun 1974, serta akibat hukumnya. Penelitian ini menggunakan teori Maqasid Al-Syariah yaitu tujuan- tujuan dan rahasia- rahasia yang diletakkan Allah dan terkandung dalam setiap hukum untuk keperluan dan keperluan pemenuhan umat. Dari penelitian yang dilakukan ada dua hal terkait dalam penelitian ini. Pertama, deskripsi mengenai pernikahan di bawah umur di kota Binjai dan faktor- faktor penyebabnya. Hasilnya pernikahan dibawah umur atas izin orang tua di se- kecamatan Kota Binjai laki- laki berjumlah 33 orang, perempuan berjumlah 233 orang pada tahun 2016. Dan perkawinan atas izin pengadilan laki- laki 1 ( satu ) orang, perempuan 1 ( satu ) orang.Kedua, sejauhmana efektifitas peranan KUA terkait dengan usahanya menanggulangi dan melaksanakan pernikahan dibawah umur di Kota Binjai, mencegah adanya pernikahan di bawah umur dengan memalsukan administrasi dan juga pencatatan nikah. Hasilnya KUA se-kecamatan kota Binjai dalam hal ini penghulu telah mengadakan sosialisasi mengenai pentingnya menikah sesuai umur yang telah ditentukan Undang- undang saat sebelum akad nikah (khutbah nikah) menikah dibawah umur di se-kecamatan Kota Binjai. Simpulannya adalah Undang-undang No. 1 tahun 1974 dan Hukum Islam bahwa perkawinan dibawah umur bisa dilaksanakan asalkan sesuai dengan syarat dan prosedure yang telah berlaku.Kata Kunci: perkawinan, anak di bawah umur, hukum Islam, KUA
EFEKTIVITAS SANKSI QANUN NOMOR 6 TAHUN 2014 TENTANG TINDAK PIDANA KHAMAR, MAISIR KHALLWAT, ZINA, DAN DAMPAKNYA TERHADAP PERILAKU MASYARAKAT KOTA SUBULUSSALAM Hafsah, Zakirun, Nawir Yuslem,
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.078 KB) | DOI: 10.7006/attafahum.v3i1.6770

Abstract

Abstract: This research aims to describe the discussion which is formulated in three questions, namely: 1. How is the implementation of Qanun sanctions against the acts of the Khamar, Maisir, Khalwat, and Adultery pidan? 2. How is the implementation of socialization and implementation of Qanun sanctions number 6 of 2014 in the City of Subulussalam? 3. What is the impact on the behavior of Subulussalam City community after the imposition of Qanun sanction number 6 of 2014? This type of research is included in a qualitative descriptive study using the Statute Approach (statutory approach). Data sources from this study were divided into two sources namely primary data sources obtained from interviews with several informants in the field. And Secondary data sources namely data sources obtained through literature study include books, archives, and regulations that are arranged systematically. In general, this study found that Qanun sanction number 6 of 2014 concerning the criminal acts of Khamar, Maisir, Seclusion, and Adultery was already good by regulation. Seen from the rules and sanctions that are complete, as well as the implementation. However, the implementation is still very lacking. This is evidenced by the large number of cases that are not handled. Likewise, the community's knowledge and awareness about qanun sanctions is also very weak, this is caused by the lack of socialization conducted by the Ulama Consultative Council (MPU), Islamic Sharia Service (DSI), SATPOL-PP and WH. As a result, the Jinayat Qanun sanction No. 6 of 2014 did not have an impact on the behavior of the people of Subulussalam City (ineffective).Keywords: Effectiveness, Qanun Sanction, Impact, Behavior.

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