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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 13 Documents
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Search results for , issue "Vol 8, No 2 (2024)" : 13 Documents clear
Comparison of the Concept of Maslahah in the Thought of At-Thufi and Al-Syathibi and its Relevance in Islamic Law Siregar, Ayu Juniaty; Solin, Rina
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.v8i2.29112

Abstract

This study discusses the comparative concept of maslahah in the thoughts of Najm al-Din al-Tufi (At-Thufi) and Abu Ishaq al-Syathibi and its relevance in the development of Islamic law. Maslahah as an important principle in ushul fiqh has a strategic role in establishing laws that are in accordance with human needs and changes in shari'a. At-Thufi tends to give a strong position to maslahah, even in certain conditions it can be prioritized over dzanni texts, especially in the realm of muamalah. Meanwhile, Al-Syathibi places maslahah as the main objective of sharia (maqasid al-shari'ah) which must remain within the corridor of the text and not contradict the qath'i argument. This study uses a qualitative method with a library research approach through analysis of classical and contemporary ushul fiqh literature. The results of the study show differences in epistemological approaches between the two, but both emphasize that maslahah is the core of the objectives of sharia. The relevance of both of their thoughts is very important in answering the dynamic and complex issues of contemporary Islamic law.
Basic Human Rights Instruments in the Perspective of International and National Law Anam, Hairul; Utami, Diana Sri
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.v8i2.29029

Abstract

The enforcement of human rights in Indonesia currently faces a number of significant challenges. For example, economically, a large portion of Indonesians is trapped in poverty, and many people commit human rights violations due to economic factors. Human rights issues are not only a national issue but also a global one. The existence of human rights can have an impact on fundamental obligations, both of which are interconnected and go hand in hand. In this context, the solution offered to address the challenges of human rights enforcement in Indonesia is to reconstruct the national legal system, including restructuring law enforcement institutions. This step can improve the national legal system and significantly impact the mechanism for enforcing human rights.
Social Norms and Legal Norms: A Comprehensive Study Of Their Differences, Functions, and Interrelationships in Society Nasution, Wahida Ariyanti; Pratiwi, Nurlila Lila
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.v8i2.29074

Abstract

As social beings, humans can fulfill their own needs without interacting with others, so rules are needed to govern communal life. These rules are known as social norms, which are normative and motivating guidelines for behavior that create order and protect human interests. Social norms grow and develop along with the dynamics of community life and function as a means of social control to prevent conflicts of interest. According to Sudikno Mertokusumo, social norms consist of four types: religious norms, moral norms, politeness norms, and legal norms. Religious norms stem from belief in God and regulate human relationships with the Creator, others, and oneself. Moral norms originate from the human conscience, encouraging good behavior and eliciting regret when violated. Politeness norms arise from customs and traditions within society, aimed at maintaining social harmony. Meanwhile, legal norms are official rules established by the state with strict and enforceable sanctions. These four norms are interrelated and inseparable because together they create order and balance in social life.

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