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PARTICIPATION IN ISLAMIC CRIMINAL LAW: PRINCIPLES OF LAW AND JUSTICE Marpaung, Zaid Alfauza
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This research aims to analyze the mechanism of inclusion in Islamic Criminal Law, with a focus on historical and contemporary aspects. Islamic Criminal Law has unique characteristics that differentiate it from other legal systems, especially in terms of implementing sanctions and justice. In this context, participation in criminal acts is divided into direct and indirect involvement, each of which has different legal consequences. Apart from that, this research also highlights the relevance of the principles of justice in Islamic Criminal Law in the modern era, as well as the challenges faced in their implementation. Thus, it is hoped that this research can contribute to the development of a more just and civili ed Islamic Criminal Law.

APPLICATION OF FIQH PROPOSALS TO THE DETERMINATION OF THE LINEAGE OF CHILDREN BORN OUT OF WEDLOCK Rahmadani, Gema
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Application of The application of usul fiqh to the determination of the nasab of children born from out-of-wedlock pregnant marriages is a complex issue and often becomes a matter of debate among the circles. is a complex issue and is often debated among scholars and society. scholars and society. This research aims to explore the relevant principles of usul fiqh and their implications in determining the child's children's nasab in the context of Islamic law. The methods used include a qualitative approach qualitative approach through in-depth interviews, literature study, case analysis, and participatory observation. participatory observation. The results show that there are different views among scholars regarding the recognition of children's nasab, with some arguing that nasab is only valid in legally recognized marriages. arguing that nasab is only valid in a legally recognized marriage. However, there are also contemporary views that support the protection of children's rights and the recognition of nasab based on evidence or However, there are also contemporary views that support the protection of children's rights and the recognition of nasab based on evidence or recognition from the father. Research This study recommends the need for a more adaptive reinterpretation of the law to accommodate the interests of children, as well as accommodate the interests of children, as well as community education efforts to reduce social stigma. social stigma. The findings are expected to contribute to development of Islamic law that is more humanist and responsive to current social needs. social needs of today.

MARRIAGE CUSTOMS OF THE MUARASIPONGI BORDER COMMUNITY: AN ISLAMIC LEGAL SOCIOLOGY APPROACH Aminuddin, Aminuddin
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This research is about the cultural customs of marriage in the border communities of Muarasipongi, North Sumatra and West Sumatra provinces from the perspective of the sociology of Islamic law, the order of customary law in Indonesia which is the main problem in marriage which is captured from the perspective of the sociology of Islamic law with cultural diversity that is aligned with the pattern of life in society and the difference in the form of customary marriage law due to the difference in kinship system or system descendants embraced by each customary law community in Indonesia. Law is essentially in a customary law society where a social system arises that is studied using sociological approaches to Islamic law, so a neutral picture is obtained. Identification of problems that may occur in the process of meeting customary and cultural law with Islamic law is captured from the sociological side of Islamic law, without prejudice, the most important thing is that the law truly fulfills the sense of justice of the community and its citizens. The type of research used is normative juridical, which is to provide the most complete overview of cultural customary law norms from the perspective of legal sociology. The method applied is empirical juridical, because from a juridical point of view, this study examines customary law regulations which are used as a basis for resolving legal problems based on custom. The results of the study show that in the Muarasipongi border community, there are various variations of marriage cultural customs chosen by both parties by agreement. For example, the Orang ulu Muarasipogi use the sumondo marriage system, while the Mandailing people use the manjujur marriage system. Many factors affect the process of choosing this marriage custom. Because the difference in the cultural customs of this marriage is first decided between the families of both parties and the local traditional elders, so that it does not cause conflict

ANALYSIS OF MUKHĀBARAH PRACTICES IN THE TUMPANG SARI SYSTEM IN ASAHAN REGENCY FROM THE PERSPECTIVE OF THE SHAFI'I SCHOOL OF THOUGHT Sahliah, Sahliah
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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intercropping is a popular farming method in agrarian societies, where two or more types of crops are planted together or alternately. This system supports agricultural intensification, which is to increase yields by optimizing existing land. Intercropping should not be a problem if it is done on legal land with permits and profit-sharing agreements. However, Asahan Regency often does not comply with the rules of the Shafi'i madhhab. In fact, the residents are residents of the Shafi'i madhhab. However, they do not apply Fiqh Shafi'i. Residents asked permission from the land ranger without the knowledge of the owner who lives in the city and rarely visits. This permit is given without a contract, agreement, and without a clear profit-sharing agreement, which is the main problem. This study aims to examine the practice of mukhabarah contracts on intercropping according to madhhab Shafi'i in Asahan Regency, understand the views of the community, and analyze their legal position. This study uses an empirical juridical method with data collection through document studies, observations, interviews, and secondary data. From this, 3 research conclusions were found, namely first, the practice of intercropping in Asahan Regency is not in accordance with the Shafi'i madhhab because permits are only given to land guards orally, without documentation, and without a clear profit-sharing agreement. Second, the community considers intercropping cooperation normal even though it often violates the rules due to land limitations. Third, the mukhabarah contract in Asahan Regency is not in accordance with the provisions of the Syafi'iyah ulama because it is made without involving the land owner and without a clear agreement on the time of use, the distribution of revenue, and the provision of capital

STRATEGIC STUDY OF INFRASTRUCTURE DEVELOPMENT ON THE ECONOMY OF MICRO, SMALL, AND MEDIUM ENTERPRISES IN TEBING TINGGI CITY FROM AN ISLAMIC LAW PERSPECTIVE Tarigan, Tetty Marlina; Rizal, M.
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Economic improvement is a method or process with various efforts to make humans have power and strength as a continuous process to build their living abilities. The development of better infrastructure such as internal communications is an example of the importance of coordination for development, including decentralizing the role and authority of developing a joint framework. The aim of this research is to determine the strategic impact of infrastructure development on the economic level of the Micro, Small and Medium Enterprises community in Tebing Tinggi city from an Islamic legal perspective. This research method is qualitative research, namely research that uses both deductive and inductive inference processes as well as analytical analysis of the dynamics of relationships between analytical and analytical methods which are researched using scientific logic. The introduction of qualitative research is mainly based on carrying out the research process through formal analytical thinking principles. The results of the research are that the availability of infrastructure is one of the factors driving regional productivity. Economic growth in the city of Tebing Tinggi has not been inclusive. Infrastructure development in the city of Tebing Tinggi encourages economic growth, road infrastructure increases access to employment opportunities and more equal distribution of income.

Employment Law Politics in Indonesia Fernanda, Muhammad Ramzy; Ramzy, Muhamad
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29183

This study aims to analyze the legal politics of employment in Indonesia in relation to labor protection and the dynamics of applicable legal policies. Legal politics of employment is the direction of state policy in regulating the relationship between workers, employers, and the government in order to realize social justice and public welfare. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and analysis. Data were obtained through a literature review covering primary, secondary, and tertiary legal materials. The results of this study indicate that, legally applicable normatively, labor regulations in Indonesia have been regulated in Law No. 13 of 2003, which has been updated by Law No. 11 of 2020 and Law No. 6 of 2023 concerning Job Creation. However, in its implementation, various problems remain, such as weak supervision, unequal positions between workers and employers, and suboptimal labor protection, especially in flexible work systems such as fixed-term employment agreements (PKWT), outsourcing, and digital platform-based workers. Furthermore, employment policies also demonstrate a trade-off between the interests of worker protection and investment. Therefore, more adaptive, equitable legal policies are needed that provide optimal protection for workers without neglecting national economic growth.

Understanding Contemporary Fiqh: Its Meaning and Scope in Responding to the Challenges of the Times Putra, Erwinsyah; Bancin, Fera Aisah
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29069

Contemporary Islamic jurisprudence (fiqh) is a branch of Islamic law that has evolved in line with the dynamics of modern life. This study aims to understand how Islamic law can respond to various new issues not explicitly discussed in classical sources. This research aims to examine the meaning of contemporary Islamic jurisprudence and its scope in responding to the challenges of the times. The method used is a library study by analyzing various literature related to Islamic jurisprudence and the development of modern Islamic law. The results of the study indicate that contemporary Islamic jurisprudence focuses not only on understanding texts but also considers the social, cultural, economic, and technological contexts developing in society. The scope of contemporary Islamic jurisprudence encompasses various aspects of life, such as sharia economics, bioethics, information technology, and social issues. With a flexible approach while remaining grounded in the Qur'an and Hadith, contemporary Islamic jurisprudence is able to provide relevant and adaptive solutions to modern problems. Therefore, a deep understanding of contemporary Islamic jurisprudence is essential for Muslims to be able to face the changing times without abandoning sharia values.

Legal Protection for Digital Platform Workers: A Legal Analysis of Partnership Relations from the Perspective of Employment Law in Indonesia Purba, Guvo Deswarth; Amira, Nia
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29143

The rapid development of the digital economy in Indonesia has given rise to a new work model through digital platforms that bases employment relationships on the concept of partnership. However, this model creates legal ambiguity due to the weak bargaining position of platform workers and the existence of elements of employment relationships that are factually fulfilled but formally omitted. This study aims to analyze legal protection for digital platform workers and review the status of partnership relationships from the perspective of labor law in Indonesia, particularly after the implementation of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into law.

Consistency of Practice and the Normative Legal Implications of Cancelling Practices from the Perspective of Ahkam Interpretation: An Analysis of QS. Muhammad Verses 33-35 Rahma, Tiara; Fadilah, Risa Siti
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29180

This study examines the principle of consistency in deeds through an analysis of legal interpretation (tafsir ahkam) of QS. Muhammad verses 33-35. The main focus of this research is to explore the meaning of the prohibition on canceling deeds in the middle of their implementation and the theological and social consequences that arise. Using qualitative methods through a library research approach, this study examines the interpretation of these verses from various classical and contemporary tafsir literature. The results show that QS. Muhammad: 33 gives a clear command for believers to obey Allah and His Messenger and strictly prohibits the destruction of the reward of deeds through inconsistency or doubt. Verse 34 provides a warning to those who hinder the path of Allah, while verse 35 provides a motivational guarantee for believers not to be weak in the struggle. The implications of this finding emphasize that canceling deeds is not merely an individual failure, but has a psychological impact on mental resilience and a social impact on community integrity. The relevance of this study in the modern context is applied to discipline in education, careers, and social struggles.

Ijtihad, Patterns, Orientation, and the Need For It Harahap, Jibril Adam; Afriansyah, Deni
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29162

Ijtihad is an important concept in Islamic law which means the serious deployment of all intellectual abilities to find the law on issues not explicitly explained in the Qur'an and Al-Sunnah. Terminologically, ijtihad is understood as the use of independent legal reasoning to answer new problems while remaining based on the primary sources of sharia. Ijtihad plays an important role in the process of interpreting religious texts so that Islamic law can be applied relevantly in concrete situations of human life. In practice, ijtihad has several main patterns, namely the bayani pattern which emphasizes the linguistic analysis of the text, the ta'lili pattern which focuses on finding 'illat or legal reasons through rational reasoning, and the istislahi pattern which prioritizes the welfare of the people based on the principles of daruriyyat, hajiyyat, and tahsiniyyat needs. In addition to patterns, there are also orientations of ijtihad such as textual, analogical, benefit, maqashid sharia, and renewal (tajdid) approaches which show the dynamics of the methods of developing Islamic law.

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Contact Name
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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA