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PENANGGULANGAN ALIRAN SESAT MELALUI FATWA MAJELIS PERMUSYAWARATAN ULAMA DAN QANUN Ansari Yamamah, Hafsah, Hudawalfurqan Lubis,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstrak: One of the social phenomena in the midst of religious life in Aceh is the emergence and development of deviant sect, This phenomenon is considered alarming because remembering Aceh is a region that is trying to implement Islamic law in every part of its life and is known as an area that has a strong Islamic culture in Acehnese society from ancient times, seeing this incident, the stakeholders in Aceh took steps to overcome it, one of them was by issuing qanun and fatwa, the efforts to deal with the two legal products were prefentiv, repressive, and curative.The purpose of this research is to find out the role of qanun set by the government in overcoming the criminal offenses of cults so that they can become social controllers on the issue of cults that develop in Aceh Province, Knowing the role of the fatwa stipulated by the Ulama Consultative Assembly in overcoming the crime of heretical sect so as to be able to become a social controller on the issue of cults which developed in Aceh Province. To find out the process carried out by the government in acting or punishing deviant sect.The method used in this study is qualitative, this studi at the Islamic Syariat office of the city of Banda Aceh, the time of this research was carried out from march to December 2018.The results of this study state that efforts that synergize between qanun and fatwa in tackling cases of cults still need to be improved, so as to anticipate the growth and spread of cults, the forms of mitigation carried out are prefentiv, repressive and curative, but even so the handling process is in practice not yet maximal, still impressed insidential and running as a minimum, so that the potential for the same case to occur again. Keyword: Qanun, Fatwa, deviant sect, Ulama Consultative Assembly

NAFKAH KELUARGA OLEH ISTRI IMPILKASINYA PADA MASYARAKAT TANJUNG BALAI KABUPATEN ASAHAN Faisar Ananda, Hafsah, Azuratunnasuha,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstraks : Livelihood is something given by someone to their wives, relatives and property to fulfill their basic needs. The basic needs are in the form of food, clothing and shelter. Family according to Islam is an institution built on the basis of faith in God. Family according to the modern West (feminist) is an institution built on the philosophy of materialism and individualism. The position of women in Islam is very noble, both as mothers, wives and children. Husbands and wives have the same rights and obligations as men in all areas of life. Islam when applied in the family, this institution can survive, the number of divorce is not much, the honor of women is maintained, and their comfort is protected both when it's easy and old. So that it can be concluded that the feminism movement is an awareness to change all forms of injustice, subordination, and marginalization of women, towards a society of harmony between men and women in the shade of the principles of justice and equality in the structure of the system and the structure of society , religious leaders state that it is obligatory to help their husbands in fulfilling family needs is the majority view of the community in Bagan Asahan Baru Village. The view of the first group mentioned, that their knowledge is obligatory to help with family needs if her husband is less able to meet family needs. Even though there were only a few of them, the financial results of an established husband but his wife continued to participate in earning a living for various reasons. The negative impact of career women is closely related to the issue of feminism that is developing in the West. The issue is one of the children born from the post modernime womb. Etymologically the word ‘feminiseme' comes from the Latin word, ‘femina' in English translated ‘femine' which means that it has women's qualities. The word gets the word 'ism', so it becomes an understanding, namely an understanding that carries gender issues related to the fate of women who have not received fair treatment in various sectors of life, both domestic, political, social, economic and educational sectors.

CORAK MAZHAB PADA FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA (Analisis Tentang Mudharabah, Musyarakah Dan Murabahah) Ahmad Qorib, Ardiansyah, Acme Admira Arafah,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstrak: There are different types of mazhab adopted in the Fatwa of DSN-MUI related to musharaka, mudaraba and murabaha,. In the fatwa of the DSN-MUI on Musharaka, both in terms material content and applicative, if examined substantially, it tends more to Hanafi's madhhab. However, DSN-MUI fatwas about Mudharabah were different, the DSN-MUI fatwa is mostly to take and agreed on legal basis Syafi'i as its fatwa. While the DSN-MUI fatwa on Murabaha, the legal basis and the determination substance of the fatwa material, more relies on the same proportion as the four madhhab known so far. Thus, in giving the DSN fatwa to be implemented in Indonesia, the Indonesian Council of Ulama's had to refer to the various madhhab. Although there are several provisions that are adapted to the conditions of the times, still fatwas do not violate the general rules that have been submitted by the first madhhab.Key Word: Mazhab, Fatwa DSN-MUI, Musyarakah, Mudharabah, Murabahah

TRADISI AKAD MANDONDON DI MASYARAKAT TAPANULI SELATAN DITINJAU DARI HUKUM ISLAM (Studi Kasus di Kecamatan Sipirok ) Nawir Yuslem, Hafsah, M. Kamil Srg,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstraks : Tradition of Mandondon contract is a people‟s habit in Sipirok sub-district, the south Tapanuli in getting loan (debit) by pawning their rice field to the capital owner, but it will be become as a guarantee and will be controlled by people receiving pawning, and they may cultivate to utilize it, then collects the result of the rice field during debit must be returned by mortgaging with the same amount, so that people who is pawning to be loss.The main problems in this research, (1) how are the essences and the implementation of Mandondon contract in Sipirok sub-district? (2) How are the reviews of Islamic law to tradition of Mandondon contract in Sipirok sub-district?. Then, the general goals achieved in this research are to know the essences and the implementation of Mandondon contract. The particular goals are to know how the reviews of Islamic law to tradition of Mandondon contract. This research is a field research using data analysis method, a qualitative method, using case approach. The data source of this research is people pawning their rice field, the person receiving the pawn, adat‟s figure, and MUI chairman.The results of this research shows that practice agreement of Mandondon contract (pawn rice field) if it is seen in qualified term, it is already qualified, but has not fulfilled the principle because in the pawnshop is not yet clear the deadline for repayment of debt which must be done by the mortgage to the receiver of the pledge, then in the implementation that occurs in the Sipirok‟s community are not perfect pawnshops or not according to Islamic shari'a. In pawn practices, researcher finds that there are elements of usury and utilization of the mortgaged goods.Key Word : Mandondon, Akad Mandondon.

METODE ISTINBATH HUKUM ZAKAT PROFESI PADA MAJELIS TARJIH MUHAMADIYAH DAN IMPLIKASINYA TERHADAP PENERAPAN ZAKAT PROFESI DI UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA M. Jamil, M. Syahnan, Ali Baroroh Al-Muflih,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstrak Zakat profession is a problem that has not been discuss in the time of the Prophet Muhammad. However there is no argument in the verses of the Holy Qur'an and the Prophet's Hadith explicitly explain the obligation and unobligation about the law of zakat profession. Causing the differences of opinion among Ulama about its legal status. Meanwhile in Indonesia, Islamic organizations have their respective legal provisions in establishing the law of zakat profession. In this state, Muhammadiyah through Muhammadiyah Tarjih Assembly has set the zakat profession, is a mandatory. This aim of this study is to know the law of zakat profession according to Majelis Tarjih Muhammadiyah and how the method used by Majelis Tarjih Muhammadiyah in establishing the law of zakat profession. And also the fatwa‟s implications about application of zakat profession at the University of Muhammadiyah Sumatera Utara. The method that used by writer in this research is descriptive analytical. collecting data from the literature study. This research tried to explains istinbath method of the law of zakat profession from Muhammadiyah organization through Muhammadiyah Tarjih Assembly and fatwa implication to the law of zakat profession applied at University of Muhammadiyah Sumatera Utara

IMPLEMENTASI FUNGSI MEDIASI DALAM PENYELESAIAN SENGKETA HARTA WARISAN DI PENGADILAN AGAMA KOTA MEDAN (Studi Terhadap Perma No. 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan) Pagar, Hafsah, Ahmad Muhajir Nasution,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstract The focus of this research is still the high number of inheritance disputes in the Medan city religious court, moreover coupled with the number of parties to the inheritance dispute not reached the peace path ordered by the panel of judges, so that the effectiveness and efficiency aspired by the supreme court regulation no. 1 of 2016 is less than optimal in the Medan city religious court. Of course this requires follow-up in solving these problems, so that later it is expected that a solution will be obtained to correct the problems mentioned above in order to achieve effectiveness and efficiency as mandated by the Supreme Court regulation no. 1 year 2016. In Article 21 of the Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in the Court, stated that: (1) the mediator determines the day and date of the mediation meeting, after receiving the appointment as mediator. (2) in the case of mediation carried out in a court building, the mediator on the basis of the power of a case examiner through the court clerk calls the parties with the help of a substitute bailiff to attend a mediation meeting. (3) the power referred to in paragraph (2) is for the sake of law without the need to make a power of attorney, so that without a separate instrument from the case check judge, the bailiff or substitute bailiff must carry out the order of the judge and non-judge mediator to call.

PERAN BADAN PENASIHATAN PEMBINAAN DAN PELESTARIAN PERKAWINAN DALAM MENGANTISIPASI ANGKA PERCERAIAN (Studi Pada BP4 Kabupaten Labuhanbatu Raya) Pagar, Sudirman Suparmin, Ali Bata Ritonga,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Abstract: The big point of this research is how does the role of advising council and preservation of marriage as the council of advising and preservation of marriage at regency of Labuhanbatu Raya contribute. The purpose of this research to analyze about the role of advising council and preservation of marriage as the council of advising and preservation of marriage at regency of Labuhanbatu Raya which did provide the government.The result of this research (qualitative method) is to decide that program plan of BP4 on the affordable to oppress the enlarging of divorce rates at regency of Labuhanbatu Raya is programmed and rolled section law BP4 decision, and the formulation of BP4, based on Islamic law as the running all at Pancasila as the ideology based on socialization about honesty marriage, mawaddah, wa rahma and takwa. And the affordable of BP4 to oppress the divorce rates at regency of Labuhanbatu Raya is going spirit to do national movement, this program is running well as the founding honesty marriage for every months based on frame work and reformation agenda on social custom and affordable to create the highest communities' moral, faithful, worship and honorable attitude. Meanwhile the obstruction factor divided to internal and external. And the support factor is the communities hope and support toward being on have honesty marriage.Kata Kunci : Peran Badan Penasihatan Pembinaan Dan Pelestarian Perkawinan, BP4, Mengantisipasi, Angka Perceraian

PENERAPAN QANUN ZAKAT NOMOR 10 TENTANG KEPATUHAN PEMBAYARAN ZAKAT PERDAGANGAN DI KALANGAN PEDAGANG KELONTONG DI KABUPATEN PIDIE JAYA Hafsah, Ansari Yamamah, Munawwar,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Zakat on business is a type of zakat that is issued from the results of business effort carried out by a Muslim. Based on the Qur'anic and hadith arguments, the profits obtained by traders who have reached the nishab are obliged to be charged zakat. The purpose of this study is to see how the application of qanun number 10 concerning zakat which includes trade zakat. In this study encompasses issues related to the knowledge of traders on the zakat qanun, then the method of collecting and distributing zakat. Inhibiting and supporting factors both in terms of collecting zakat distribution and the Baitul Mal strategy so that the number 10 qanun can work well. The method used in this study is empirical legal methodology and qualitative analysis, the source of data in this study is divided into secondary data and primary data. Secondary data is used to see the concept of actual zakat trade then primary data is used for the purpose of seeing in terms of its application. From the results of research on the knowledge and understanding of traders about trade zakat, all respondents knew, but they did not issue their zakat to the Baitul Mal. The way zakat is collected is still very weak and slow and the distribution of zakat is in accordance with the collection, Baitul Mal continues to strive and preach so that the payer (muzakki) of zakat continues to increase only the trade zakat that no one pays to the Baitul Mal, the limitation of active Baitul Mal employees hampering the collection and distribution of zakat, but the Baitul Mal step to implement the implementation of qanun number 10 on zakat is still very weak and slow to socialize. Key word: Zakat, Zakat perdagangan.

Discrimination of Men as Victims of Sexual Harassment from the Perspective of Law Number 12 Of 2022 and Gender Imamuddin, Imamuddin; Nasution, Bunga Putri Ayu
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v2i1.29054

Sexual violence is commonly associated with female victims, while cases involving male victims often receive limited attention due to social stigma, gender stereotypes, and perceptions of masculinity. This study aims to analyze discrimination against male victims of sexual violence from a gender equality perspective and examine legal protection mechanisms available under Indonesian law. The research applies a normative qualitative method through literature studies by reviewing books, journals, legal regulations, government reports, and media publications related to gender theory and sexual violence. Data validity was ensured through comparison and analysis of multiple sources. The findings indicate that male victims of sexual violence continue to experience discrimination in reporting processes, access to legal protection, and social acceptance. Gender stereotypes positioning men as strong and dominant contribute to the underreporting of cases and inadequate support systems. Although Law Number 12 of 2022 concerning Sexual Violence Crimes provides legal protection and recognizes victims’ rights to assistance, rehabilitation, and justice, implementation remains insufficiently inclusive toward male victims. Existing complaint services and legal mechanisms also tend to prioritize women and children. Therefore, strengthening gender-responsive legal frameworks, increasing public awareness, improving law enforcement sensitivity, and expanding psychological and social support systems are necessary to ensure equal protection for all victims regardless of gender. The study concludes that achieving gender equality in handling sexual violence requires inclusive legal reform and the elimination of discriminatory perceptions toward male victims to create a more equitable justice system in Indonesia.

Law No. 32 of 2009 concerning PPLH as an Instrument for Limiting the Utilization of Natural Resources from the Perspective of Maqāṣid al-Syari’ah Ahmad, Upi Sopiah
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v2i1.29078

The use of natural resources in development practices often raises issues of pollution and environmental damage when legal restrictions are understood solely procedurally and administratively. Law Number 32 of 2009 concerning Environmental Protection and Management places environmental planning as the foundation of management, particularly through the provisions in Article 10. However, this provision is still often read in a formalistic manner so that its normative function as an instrument for limiting the use of natural resources has not been optimized. This article aims to analyze the position of Article 10 of Law No. 32 of 2009 from the perspective of maqāṣid al-syarī'ah, with an emphasis on the principle of preventing damage (dar' al-mafāsid), in order to emphasize the orientation of environmental protection and human safety. This study uses a normative legal research method with a statutory and conceptual approach. The primary legal material in the form of Law No. 32 of 2009, especially Article 10, is reviewed together with relevant Islamic legal sources, and supported by maqāṣid literature and contemporary environmental law studies as secondary legal materials. The research results show that Article 10 not only functions as an administrative planning norm, but also contains preventive content that aligns with the objectives of the maqāṣid al-syarī'ah, particularly the protection of life and the public welfare. Thus, Article 10 can be positioned as a normative meeting point between national environmental law and the basic principles of Islamic law in limiting the sustainable use of natural resources.

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Contact Name
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA