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INDONESIA
AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
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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 Wahida Ariyanti Nasution; Luthfi Daulay
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29251

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) Muhammad Amar Adly; Yasmin Raihanah Zaviril
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29194

Abstract

This study examines the concept of sariqah (theft) in Islamic criminal law (fiqh jinayah) from the perspective of the hadith, with particular emphasis on its classification as a hudud offense. Using a qualitative normative legal research method based on library research, the study analyzes primary sources, including the Qur'an and the hadith of the Prophet Muhammad (PBUH), as well as secondary sources such as classical and contemporary Islamic jurisprudence literature, scientific journals, and legal references. Data were collected through documentation techniques and analyzed descriptively and interpretively to identify the legal principles governing sariqah. The findings reveal that not every act of taking another person's property constitutes sariqah subject to hudud punishment. The application of the prescribed sanction requires the fulfillment of strict legal conditions, including the secret taking of property, the attainment of the minimum value (nisab), secure storage of the property (hirz), and the existence of criminal intent. The hadith play a fundamental role in clarifying these requirements and providing practical guidance for implementing the Qur'anic provisions on theft. The study also highlights the principle of syubhat (legal doubt), which prevents the enforcement of hudud penalties whenever uncertainty exists, reflecting the Islamic legal commitment to justice, fairness, and caution. Furthermore, differences among Islamic schools of thought concerning the interpretation of nisab and other legal conditions demonstrate the dynamic and flexible nature of Islamic jurisprudence. In the contemporary context, although hudud punishments remain the subject of legal and human rights debates, the underlying objectives of protecting property rights, preventing crime, and ensuring social justice continue to be highly relevant. The study concludes that a comprehensive and contextual understanding of the hadith is essential for accurately interpreting the concept of sariqah and appreciating the balance between legal certainty, justice, and public welfare embodied in Islamic criminal law.
Analysis of the Hadith On Hudud Crimes: A Study of the Prohibition Alcoholic Beverages From an Islamic Legal Perspective Aniksya Nabila Safikoh; Yardah Annissi Ahdy Sitorus
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Dwi Putri Aditya
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Darwin Wibowo Sihombing; Muhammad Firza
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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) Misdin Arifin HM; Naufal Fadhilah
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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; Adira Rizqi Ananda
AT-TAFAHUM: Journal of 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 Achyar Zein; Fitra Ardiansyah
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29203

Abstract

This study examines the concept of bank interest from the perspective of fiqh muamalah by analyzing its legal status, characteristics, and relevance within the contemporary banking system. The research employs a qualitative normative legal approach based on library research, utilizing conceptual and comparative methods. Primary sources include the Qur'an and Hadith concerning the prohibition of riba (usury), while secondary sources consist of classical and contemporary Islamic jurisprudence literature, scientific journals, and references on Islamic and conventional economics. Data were collected through literature review and analyzed descriptively and qualitatively to compare the opinions of classical and contemporary Islamic scholars regarding bank interest. The findings indicate that bank interest serves as the principal mechanism in conventional banking, functioning as compensation for deposits and charges on loans while supporting banking operations, investment, and economic growth. Nevertheless, from the perspective of classical Islamic jurisprudence, bank interest is generally regarded as a form of riba because it involves an additional payment on the principal of a loan without productive economic activity, making it prohibited under Islamic law. Contemporary scholars, however, present more diverse interpretations. While many continue to classify bank interest as prohibited, others distinguish modern bank interest from classical riba by considering its economic function, the absence of exploitation, and the principles of necessity (ḍarūrah) and public interest (maṣlaḥah). The study further reveals that the debate over bank interest extends beyond legal considerations to broader economic and social dimensions, including financial justice, inequality, and sustainable economic development. It concludes that understanding bank interest requires a contextual and comprehensive approach that balances adherence to Islamic legal principles with the realities of modern financial systems. Strengthening Islamic financial institutions is therefore recommended as a practical alternative for achieving economic justice while remaining consistent with the objectives of Sharia.

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