cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota medan,
Sumatera utara
INDONESIA
AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Humanities, Art,
Arts Humanities
Arjuna Subject : -
Articles 8 Documents
 1 
Search results for , issue "Vol 6, No 2 (2022)" : 8 Documents clear
Women's Rights as Human Rights: A Critique of the Patriarchal Perspective in the Legal System and Its Implementation in Indonesia Suwandi, Suwandi; Quraeny, Ghina Angelina
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29031

Abstract

This study examines women's rights as part of human rights within the Indonesian legal system. Although Indonesian law provides protection for women, its implementation still faces numerous obstacles. The study finds that the existing human rights system tends to be masculine and patriarchal, often ignoring issues of violence and discrimination within the domestic sphere. The persistent patriarchal culture in Indonesia is a major obstacle hindering the achievement of gender equality. It analyzes the various obstacles women face in participating in public life, particularly in politics and government, including direct, fundamental, and structural barriers. This study uses normative legal methods by analyzing various national and international legal instruments, academic literature, and related secondary data. The results indicate that improvements in legal implementation, changes in patriarchal culture, women's empowerment, and institutional reform are needed to truly achieve gender equality. This article also provides a comprehensive understanding of the complexity of women's rights issues and offers strategic recommendations for improving the system as a whole.
Principles of Islamic Law Rambe, Dinda Suciana; Sagala, Eviana
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29149

Abstract

This study aims to analyze the principles of Islamic law as the basic principles in the formation and application of law derived from the Qur'an, Hadith, and the ijtihad of scholars. The research method used is normative legal research with a statutory and conceptual approach, through a literature study of various primary, secondary, and tertiary legal sources. The results show that the principles of Islamic law play a crucial role in realizing the objectives of sharia (maqashid al-syari'ah), namely protecting religion, life, intellect, descendants, and property. These principles reflect fundamental values such as justice, benefit, legal certainty, and flexibility in facing current developments. Apart from that, there are special principles such as eliminating difficulties (nafyu al-haraj), reducing legal burdens (qillat al-taklif), and establishing laws in stages (tadarruj), which show that Islamic law is adaptive, humane, and not burdensome. The application of these principles makes Islamic law remain relevant in various social conditions in society. Thus, the principles of Islamic law not only function as a normative basis, but also as a practical guideline in creating laws that are just, balanced, and oriented towards the welfare of the people.
The Role of Law Enforcement Officers in Eradicating Online Gambling Suwandi, Suwandi; Nasution, Bunga Amalia
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29201

Abstract

Online gambling is a form of cybercrime that has experienced rapid growth along with advances in information and communication technology in Indonesia. This phenomenon not only impacts the legal aspects but also creates social and economic problems in society. This study aims to analyze the role of law enforcement officials in eradicating online gambling practices and identify obstacles faced in the law enforcement process. The research method used is normative juridical, with a statutory regulatory approach and literature review. The results indicate that law enforcement officials play a crucial role through preventive and repressive measures, such as website blocking, investigations, arrests, and prosecutions based on the provisions of the Criminal Code and the Information and Electronic Transactions Law. However, various obstacles remain in its implementation, including technological limitations, the transnational nature of the crime, and a lack of coordination between institutions. Therefore, stronger synergy is needed between the government, law enforcement officials, and the public to increase the effectiveness of eradicating online gambling in Indonesia.
PThe Role Of State Administrative Courts In Ensuring Legal Protection For Indonesian Citizens Sihombing, Darwin Wibowo; Harahap, Mirale
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29219

Abstract

The State Administrative Court (PTUN) plays a strategic role in ensuring legal protection for citizens from detrimental government administrative actions. As one of the pillars of the rule of law, the PTUN functions to supervise, adjudicate, and resolve disputes between the public and state administrative bodies or officials in order to create a balance of fair legal relations. This study aims to analyze the role of the PTUN in providing legal protection and identify obstacles in its implementation. The method used is normative legal research with a statutory and conceptual approach. The results show that the PTUN plays a significant role in upholding administrative justice, preventing abuse of authority, and providing legal certainty for the public. However, the effectiveness of the legal protection provided still faces various obstacles, such as low public legal awareness and less than optimal implementation of court decisions. Therefore, institutional strengthening, increased legal socialization, and government commitment to implementing PTUN decisions are needed so that legal protection for citizens can be realized optimally.
Implementation of Public Service Standards Based on Law in Indonesia Pasaribu, Muhammad Amalan; Pulungan, Osama Bhinneka
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29091

Abstract

The implementation of public service standards in Indonesia is a crucial part of efforts to realize effective, transparent, and accountable governance. Public service standards are regulated in Law Number 25 of 2009 concerning Public Services, which serves as a guideline for every service provider in providing quality services to the public. This study aims to examine the implementation of public service standards based on statutory provisions and identify various obstacles encountered in their implementation. The method used in this research is a normative legal approach by examining various laws and regulations, literature, and concepts related to public services. The results of the study indicate that normatively, public service standards have covered important aspects such as service procedures, completion time, costs, service products, facilities and infrastructure, and implementer competence. However, in practice, various problems are still found, including limited human resources, lack of supervision, suboptimal use of technology, and low public participation in the service evaluation process. Furthermore, there is a disparity in service quality between urban and remote areas, indicating uneven implementation of public service standards. Therefore, efforts are needed to increase the capacity of civil servants, strengthen oversight systems, and innovate in information technology-based services. This is expected to ensure optimal implementation of public service standards, increase public trust in the government, and ensure the fulfillment of community rights fairly and equitably.
Maqasid ash-Syariah Approach to Jarimah Al-Riddah Imamuddin, Imamuddin; Siahaan, Raja
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29345

Abstract

The research method used is qualitative with a normative juridical approach through literature study. Data were obtained from Islamic legal sources such as the Qur'an, hadith, and relevant classical and modern fiqh literature. Data analysis techniques were carried out descriptively and analytically by examining the concept of jarimah al-riddah and linking it to the principles of maqashid sharia, such as hifz al-din, hifz al-nafs, and hifz al-'aql. The results of the study indicate that the maqashid sharia approach provides a more comprehensive and contextual understanding of jarimah al-riddah. It is not only understood as a violation of religion, but must also consider the protection of human rights, freedom of belief, and the public interest. Therefore, a wise and proportional interpretation is needed so that the application of the law remains in line with the main objectives of sharia, namely realizing justice and avoiding harm.  
The Essence of Islam: Conceptual Analysis between Aqidah, Sharia, and Morals Hidayah, Nur; Khoiriyah, Himmatul
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29126

Abstract

Islam is a religion with comprehensive teachings that encompass all aspects of human life. The essence of Islam is not only understood as a belief system, but also as a guide to life that integrates three main aspects: aqidah, sharia, and morals. This study aims to conceptually analyze the relationship between these three aspects in forming a comprehensive understanding of Islam. The method used is a literature study with a descriptive-analytical approach to classical and contemporary sources. The results of the study indicate that aqidah is the main foundation in building a Muslim's faith, sharia functions as a rule that guides outward behavior, while morals are the manifestation of Islamic values in everyday life. These three aspects are interrelated and inseparable, as an imbalance between them can lead to a partial understanding of Islam. Therefore, a comprehensive understanding of the essence of Islam is crucial for creating individuals and societies that are faithful, devout, and have noble morals in accordance with the values of Islamic teachings.
Combating Cyber Crime From The Perspective Of Islamic Criminal Law Fesya, Aicha Azdina Adly; Zaidan Ketaren, Rizky
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29084

Abstract

This article aims to analyze the concept of cybercrime prevention from the perspective of Islamic criminal law and examine its relevance to the development of modern digital crime. The research method used is normative legal research with a conceptual approach and a legislative approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although cybercrime is not explicitly recognized in classical Islamic criminal law literature, the basic principles of jarimah, particularly in the category of ta'zir, can be used to qualify various forms of cybercrime.

Page 1 of 1 | Total Record : 8

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol 10, No 1 (2026) Vol 9, No 2 (2025) Vol 9, No 1 (2025) Vol 8, No 2 (2024) Vol 8, No 1 (2024) Vol 7, No 2 (2023) Vol 7, No 1 (2023) Vol 6, No 2 (2022) Vol 6, No 1 (2022) Vol 5, No 2 (2021) Vol 5, No 1 (2021) Vol 4, No 2 (2020) Vol 4, No 1 (2020) Vol 3, No 2 (2019) Vol 3, No 1 (2019) Vol 2, No 2 (2018) Vol 2, No 1 (2018) Vol 2, No 1 (2018) Vol 1, No 2 (2017) Vol 1, No 1 (2017) More Issue