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Inheritance Development and Expiration Syamwil, Ahmad Nizar Mohammad; Safitri, Dian
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.v3i1.29115

Inheritance law in Indonesia remains pluralistic due to the lack of a unified national inheritance law. Consequently, three legal systems apply: Western inheritance law, Islamic inheritance law, and customary inheritance law. This paper aims to analyze the development of inheritance law, particularly Islamic inheritance law, in court decisions in Indonesia and to examine the concept of statute of limitations in civil law. The method used is a normative juridical approach by examining statutory regulations, the Compilation of Islamic Law, and court jurisprudence. The study's findings indicate that Islamic inheritance law has been reformed through court decisions, reflecting judicial ijtihad (intelligible text) to address social dynamics. These reforms include the recognition of substitute heirs, the status of daughters who may hinder siblings, the implementation of mandatory wills, the granting of rights to children or adoptive parents, and the allocation of a portion to heirs of different faiths through wills or gifts. Furthermore, the principle of deliberation in inheritance distribution has been incorporated to achieve more flexible justice. On the other hand, the concept of a statute of limitations in civil law plays a crucial role as a means of acquiring rights or releasing obligations due to the lapse of a certain period. A statute of limitations can result in the loss of the right to sue in inheritance disputes if it is not exercised within the legally prescribed timeframe.

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

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.

Prevention Effortsonline Gambling Crimes Among Students of the State Islamic University of North Sumatra According to the Views of Law Lecturers of the Faculty of Sharia and Law Siregar, Khairunnisa; Naslim, Nazwa Sabrina
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.v3i1.29052

This study aims to analyze efforts to prevent the increasingly widespread crime of online gambling among students based on the perspectives of law lecturers at the Faculty of Sharia and Law. The rapid development of digital technology and internet accessibility has contributed to the rising prevalence of online gambling activities, particularly among young people and university students. This phenomenon poses serious concerns due to its negative consequences on academic performance, financial stability, mental health, and social behavior. The study highlights various adverse impacts of online gambling, including cheating, exploitation, fraud, addiction, and involvement in criminal activities. Furthermore, it examines the factors influencing the effectiveness of prevention and eradication efforts, encompassing legal regulations, law enforcement mechanisms, socio-cultural conditions, community participation, educational awareness, and supporting infrastructure. This research employs a qualitative approach by exploring the views and legal perspectives of lecturers specializing in law and Islamic legal studies. The findings reveal that strengthening legal awareness, improving law enforcement, enhancing digital literacy, and promoting preventive education among students are essential strategies in combating online gambling practices. The implementation of positive law and criminal law enforcement is considered crucial in creating deterrent effects and protecting students from the harmful influence of online gambling. In addition, collaboration between educational institutions, families, government agencies, and society is necessary to develop comprehensive prevention measures. This study is expected to contribute as a reference for policymakers and educational institutions, particularly within the State Islamic University of North Sumatra, in formulating effective policies and strategies to prevent online gambling crimes among students and foster a safer academic environment.

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

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.

Brawling From the Perspective of Positive Criminal and Islamic Criminal Fesya, Aicha Azdina Adly; Damanik, Khaidar
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.v3i1.29076

Crime is an unlawful act that violates legal norms and may result in criminal sanctions, including violations of the human right to security as guaranteed by the 1945 Constitution of Indonesia. Criminal law functions to regulate prohibited acts and impose sanctions on perpetrators. From an Islamic perspective, the Qur’an emphasizes values of brotherhood, peace, justice, and prohibits conflicts or disputes without legitimate reasons. This study aims to analyze the resolution of brawls from the perspectives of positive law and Islamic law. The research employs a normative juridical method using a literature study approach by examining laws, regulations, legal doctrines, and Islamic legal sources related to juvenile delinquency and criminal acts involving brawls. The findings indicate that the handling of brawls, which generally involve children and adolescents, requires special protection in accordance with applicable laws and regulations. Such protection includes humane treatment, the provision of legal assistance, safeguarding children’s rights during legal proceedings, and avoiding excessive or severe punishment. In addition, restorative and preventive approaches are considered important in addressing juvenile involvement in brawls. The study also highlights that the effectiveness of resolving brawls is influenced by the role of law enforcement officers, family supervision, educational institutions, and public legal awareness. Therefore, collaboration among these parties is necessary to prevent and reduce the occurrence of brawls while promoting justice, protection, and social harmony.

Legal Protection Against Cases of Blasphemy: An Analysis of Legal, Ethical, and Social Impact Aspects In the Context of Freedom Speech HM, Misdin Arifin; Musaddat, Anwar
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.v3i1.29063

The purpose of this study is to analyze the regulation and implementation of Criminal Law regarding the crime of blasphemy. The research method used in this study is a normative research method, namely. legal research, which is carried out to study the laws and regulations that apply to a particular legal problem. The results of this study indicate that Indonesia is a country that recognizes the existence of religion and divinity, therefore the first principle of Pancasila and the preamble to the 1945 Constitution of the Republic of Indonesia expressly state the recognition of divinity in different religions and beliefs. Therefore, everyone must adhere to a certain religious and belief system that is believed to be true. However, every religious community is obliged to maintain harmony between religious communities both in carrying out their religious worship and in implementing the laws they believe in. One of the actions that often causes conflict between religious communities is blasphemy. With the development of information and communication technology (informatics), satire against religion in various virtual media is widely spread both on social media and news media. In order to maintain harmony among religious communities, the government strictly implements the anti-blasphemy law based on various laws and regulations such as the Criminal Code and Law Number 11 of 2016 concerning amendments to Law Number 19 of 2008. Therefore, perpetrators of blasphemy who commit religious acts face the legal consequences of their actions.

Parents' Responsibilities Towards Child Support Owed From The Perspective Of Khi And Law Purba, Guvo Deswarth; Nasution, Febry Anggina
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.v3i1.29244

This study aims to investigate and analyze the legal responsibility of parents for child support debts from the perspective of the Islamic Law Code (KHI) and the Law. In this study, the researcher reviewed the definition and concept of support, the legal responsibility of parents in providing support to children, the period of parental responsibility, the economic capacity of parents, and the legal consequences that may be faced by parents who do not fulfill their support obligations. This study uses a document analysis method with reference to relevant articles in the KHI and the Law. The researcher also involved a comparative study between the perspectives of Islamic law and positive law to gain a more comprehensive understanding of the legal responsibility of parents for child support debts. The results of this study are expected to provide a deeper understanding of the legal responsibility of parents in providing support to children who are in debt. In addition, this study is also expected to provide guidance for legal practitioners, family experts, and the general public in understanding and handling cases related to the legal responsibility of parents for child support debts.

The Historical Evolution of Qawaid Fiqhiyyah and Its Relevance as a Legal Maxim in the Perspective of General Law Wahyuni, Purnama; Naslim, Habib Al-Rabith
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.v3i1.29131

The principles of Islamic jurisprudence (Qawa'id Fiqhiyyah) play a crucial role as guidelines for Islamic law in addressing various contemporary issues amidst the limited number of texts of the Qur'an and Sunnah quantitatively. This study aims to examine the period of formation and development of the principles of Islamic jurisprudence and analyze their relationship with the concept of *legal maxim in the context of general law. Through literature study, it was found that the development of the principles of Islamic jurisprudence is divided into three main periods: the birth period (the time of the Prophet, Companions, and Tabi'in), the codification period (4th century AH to the golden age in the 8th century AH), and the refinement period culminating in the compilation of Majallat Al-Ahkam Al-Adliyyah in the 13th century AH. The analysis shows a strong relevance between the basic principles of Islamic jurisprudence and general legal principles, such as the relationship between the principle of "Al-umur bi maqasidiha" and the concept of mens rea in criminal law, and the principle of "Al-yaqin la yuzal bi asy-syakk" with the principle of proof in court. The research results conclude that the rules of Islamic jurisprudence function as legal maxims that provide a universal framework for legal practitioners in resolving disputes and formulating legal norms.

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Location Kota medan, Sumatera utara INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA