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Sumatera utara
INDONESIA
AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Humanities, Art,
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Articles 8 Documents
 1 
Search results for , issue "Vol 5, No 2 (2021)" : 8 Documents clear
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.
Analysis of the Hadith on the Crime of Sariqah From the Perspective Of Criminal Law (Hudud) Wardani, Sri Rizki; Zaviril, Yasmin Raihanah
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.v5i2.29194

Abstract

This study aims to analyze hadiths related to the crime of sariqah (theft) from the perspective of jinayah law, specifically in the category of hudud. Sariqah is a criminal act in Islamic law that has strict sanctions, as regulated in the Qur'an and clarified through the hadith of the Prophet Muhammad SAW. The research method used is qualitative research with a normative approach, namely through a literature study of hadith sources and jinayah fiqh literature. The results of the study indicate that the application of hudud punishment to perpetrators of sariqah cannot be done immediately, but must meet certain conditions, such as fulfilling the nisab, the presence of an element of intent, and the absence of doubts. The hadiths that discuss sariqah provide detailed explanations regarding the limitations, criteria, and conditions that influence the determination of punishment. Thus, hudud law in the case of sariqah is not only repressive, but also reflects the principles of justice, prudence, and protection of individual rights in society. This research is expected to provide a more comprehensive understanding of the concept of sariqah in the hadith and its relevance in the study of Islamic criminal law.
Analysis of the Hadith On Hudud Crimes: A Study of the Prohibition Alcoholic Beverages From an Islamic Legal Perspective Safikoh, Aniksya Nabila; Sitorus, Yardah Annissi Ahdy
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.v5i2.29117

Abstract

This study aims to analyze hadiths related to hudud crimes, particularly the prohibition on drinking alcohol from an Islamic legal perspective. Alcohol is any type of intoxicating beverage that is prohibited in Islam because it can damage the mind and cause various negative impacts, both for individuals and society. This prohibition is not only based on the Qur'an, but also emphasized in the hadith of the Prophet Muhammad SAW, which states that everything that intoxicates is haram. The research method used is qualitative research with a library approach, through a review of related hadiths and fiqh jinayah literature. The results show that drinking alcohol is included in the category of hudud crimes that are subject to strict sanctions in the form of caning as a form of deterrent and prevention. In addition, alcohol is also seen as a source of various crimes because it can reduce a person's awareness and self-control. From an Islamic legal perspective, the prohibition of alcohol aims to maintain the mind (hifz al-'aql) as part of the maqashid sharia.
Abuse of Authority as Reviewed from the Perspective of State Administrative Law Aditya, Dwi Putri
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.v5i2.29068

Abstract

Abuse of authority is a fundamental problem in governance that has the potential to undermine the general principles of good governance (AUPB) and reduce public trust in the state bureaucracy. This phenomenon arises when government officials use their authority excessively, mix up their authority, or act arbitrarily, thus deviating from the purpose for which the authority was granted. This study aims to analyze abuse of authority from the perspective of State Administrative Law and examine the legal implications and oversight mechanisms available in the Indonesian legal system. The research method used is normative legal research with a library research approach, through a review of relevant laws and regulations, legal doctrine, and national scientific journals. The approach used includes a statute approach and a conceptual approach to obtain a comprehensive understanding. The results of the study indicate that Law Number 30 of 2014 concerning State Administration has provided a clear normative basis regarding the prohibition of abuse of authority, including review by the State Administrative Court. In addition, strengthening internal and external oversight mechanisms and the application of the principles of accountability and transparency are strategic steps in preventing abuse of authority. This research is expected to provide theoretical and practical contributions in efforts to realize good governance.
The Impact of Social Change on the Practice of Polygamy in Modern Society: A Review of Islamic Family Law Sihombing, Darwin Wibowo; Firza, Muhammad
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.v5i2.29206

Abstract

This study aims to analyze the impact of social change on the practice of polygamy in the context of modern society and to examine the relevance of Islamic family law in implementing these regulations. Using qualitative descriptive methods, this study involved in-depth interviews with religious leaders, legal practitioners, and individuals involved in the practice. Furthermore, this study considered the social, cultural, and economic dynamics that influence individual decisions in pursuing the practice. The results indicate that public awareness of women's rights and the importance of social justice is increasing, significantly changing their perspectives on polygamy. Although Islamic law permits polygamy under conditions of fairness, practice often falls short of these criteria. Many families experience dissatisfaction, internal conflict, and psychological impacts due to unfair treatment between wives. This study concludes that achieving justice in the practice of polygamy requires more comprehensive legal education, strong advocacy for individual rights, and strengthened oversight and enforcement mechanisms. Therefore, this research is expected to provide broader insights for policymakers and the public in creating more just, humane, and relevant solutions to the practice of polygamy in the modern era.
Analysis Of Islamic Law Regarding The Crime Of Drinking Alcohol (Syubul Khamr) HM, Misdin Arifin; Fadhilah, Naufal
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.v5i2.29141

Abstract

This study aims to analyze the crime of drinking alcohol (syurbul khamr) from an Islamic legal perspective, emphasizing the normative basis, forms of prohibition, and sanctions stipulated in the Shari'a. Alcohol, as an intoxicating beverage, is expressly prohibited in the Qur'an and Hadith because it can damage the mind, which is one of the main objectives of safeguarding the maqashid sharia. This study uses a qualitative method with a juridical-normative approach through a literature study of classical and contemporary Islamic legal sources. The results show that the prohibition of alcohol is not only moral, but also has a strong legal dimension with the existence of hudud sanctions for perpetrators. In addition, Islam also applies a preventive approach by prohibiting all activities related to alcohol, including production, distribution, and consumption. In the contemporary context, law enforcement against this crime faces various challenges, but the values contained remain relevant in maintaining social order and community morals. Thus, the prohibition of alcohol in Islam aims to protect individuals and society from physical, mental, and social damage.
Inclusion of Ethics in the Academic Community in the World of Higher Education Imamuddin, Imamuddin; Ananda, Adira Rizqi
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

Abstract

Education is a means and also an effort to change behavior humans (students) become better. This is because in the world education, especially higher education, does not only provide teaching to students but must also include the formation of attitudes and personality, which is important in facing the nation's moral crisis Indonesia. For this reason, education has a responsibility that is not light to prepare human resources to build the country development always closely related to developments in the times and always gives rise to new problems that have never been thought about before but still need to be addressed wisely and elegantly. The inclusion of ethics and cultural values is an effort in order to help humans to instill moral or ethical values good things in everyday life so that it will form a good individual understand moral values, be dignified and have good character and have commitment to act consistently.
Analysis Of Islamic Law On Bank Interest: Comparison Of The Concepts Of Usury And Modern Banking Siregar, Khairunnisa; Ardiansyah, Fitra
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.v5i2.29203

Abstract

This study aims to analyze bank interest from a muamalah jurisprudence perspective by examining conceptual aspects, its application in the modern banking system, its comparison with usury, and the views of classical and contemporary Islamic scholars. The method used is normative legal research with a conceptual and analytical approach to Islamic legal sources and related literature. The results of the study indicate that bank interest in the conventional banking system functions as a return on deposits and a fee for loans, which are legally permissible. However, from a classical Islamic jurisprudence perspective, bank interest is viewed as identical to usury, which is prohibited because it contains additional elements without fair compensation. Meanwhile, contemporary Islamic scholars have more varied views, with some continuing to prohibit bank interest, while others permit it under certain conditions based on considerations of emergency and public interest. These differing views demonstrate the dynamics of ijtihad in responding to developments in the modern economic system. Therefore, a comprehensive understanding and development of the Islamic financial system as an alternative that aligns with Islamic principles is necessary.

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