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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 Muhammad Ramadhan; Ghina Angelina Quraeny
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29031

Abstract

Women's rights constitute an inseparable part of human rights and are recognized in both Islamic teachings and international human rights instruments. Islam upholds the principles of justice, equality, freedom, and mutual respect, affirming that all human beings are equal before Allah, with piety serving as the only measure of distinction. Despite these principles and the existence of numerous international conventions and national legal frameworks, women continue to experience discrimination, violence, and unequal access to political, economic, educational, and social opportunities. This study aims to examine women's rights from the perspectives of Islamic law and the Indonesian legal system while identifying the challenges that hinder the effective realization of gender equality. The research employs a normative juridical approach using descriptive-analytical methods. Data were collected through library research by analyzing primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and relevant secondary sources such as books and scholarly journals. The findings reveal that Indonesia has established a comprehensive legal framework to protect women's rights in areas such as politics, citizenship, education, employment, health, legal capacity, and marriage. However, the implementation of these legal protections remains constrained by deeply rooted patriarchal culture, gender stereotypes, institutional barriers, socio-economic inequality, and limited political participation. Moreover, the traditional human rights approach often fails to adequately recognize violence occurring within the domestic sphere as a human rights issue. Therefore, strengthening legal enforcement, promoting gender-sensitive public policies, enhancing women's empowerment, and transforming patriarchal cultural values are essential to ensuring the effective protection and fulfillment of women's rights. These efforts are necessary to achieve substantive gender equality and uphold human dignity in accordance with both Islamic principles and universal human rights standards.
Principles of Islamic Law Dinda Suciana Rambe; Eviana Sagala
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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; Bunga Amalia Nasution
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Darwin Wibowo Sihombing; Mirale Harahap
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Muhammad Amalan Pasaribu; Osama Bhinneka Pulungan
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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; Raja Siahaan
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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 Madya Dr. Jasni bin Sulong; Himmatul Khoiriyah
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29126

Abstract

Islamic law represents a comprehensive legal system derived from divine revelation that governs various aspects of human life. Understanding its philosophical foundation is essential to distinguish between the immutable principles of Sharia and the dynamic interpretations developed through fiqh and ushul fiqh. This study aims to analyze the concepts of Sharia, fiqh, and Islamic law and to examine the philosophical relationship among these three fundamental elements within the framework of Islamic legal philosophy. The research employs a normative juridical method using conceptual and theological-normative approaches. Primary legal materials consist of the Qur'an and Hadith, while secondary and tertiary sources include classical and contemporary scholarly works, scientific journals, books, dictionaries, and encyclopedias. Data were collected through library research and analyzed using a descriptive-analytical method. The findings reveal that Sharia constitutes the divine and absolute legal foundation established by Allah, whereas fiqh represents the human understanding and interpretation of Sharia through the process of ijtihad. Ushul fiqh functions as the methodological framework that guides the derivation and formulation of Islamic legal rulings from their authoritative sources. The study further demonstrates that these three components are inseparable and collectively establish a coherent legal system that balances revelation with rational reasoning. A philosophical approach to Islamic law highlights not only its normative character but also its underlying objectives, including justice, public welfare (maslahah), and the realization of the maqasid al-shariah. Consequently, Islamic law should be understood as a dynamic legal system capable of responding to contemporary social developments while maintaining its essential religious values and universal principles.
Combating Cyber Crime From The Perspective Of Islamic Criminal Law Aicha Azdina Adly Fesya; Rizky Zaidan Ketaren
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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

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