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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
 1   2 
Search results for , issue "Vol 9, No 1 (2025)" : 13 Documents clear
Jinayah Classification Based on Hadith Mawarni, Atikah; Matondang, Siti Azizi Z
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i1.29122

Abstract

This study aims to analyze the classification of jinayah in Islamic criminal law based on the hadith as the second source of law after the Qur'an. Jinayah is a criminal act that harms the soul, body, or human honor. This study uses a descriptive qualitative approach by examining the hadith literature and the views of Islamic jurisprudence scholars. The results of the study indicate that jinayah is divided into three main categories, namely hudud jinayah, qishash-diyat, and ta'zir. Hudud jinayah is a criminal act with sanctions that have been clearly determined in the Qur'an and hadith and cannot be changed. Qishash-diyat jinayah relates to violations against the soul and body with sanctions in the form of retribution or diyat that can be forgiven by the victim or heirs. Meanwhile, ta'zir jinayah is a criminal act whose sanctions are not explicitly determined in the texts and are left to the discretion of the judge or ruler. The differences between the three lie in the source of legal determination, the nature of the sanctions, and the authority in imposing punishment. Thus, the classification of jinayah based on hadith shows the flexibility and firmness of Islamic law in maintaining justice and the benefit of society.
Human Rights and the Rule of Law from the Perspective of Constitutional Democracy Siregar, Triana Putri; Pulungan, Sofia Zuhro Zein
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i1.29142

Abstract

In the context of modern democracy, human rights (HAM) serve as the primary foundation for creating a just and sustainable social life. A state based on the rule of law, which upholds the principle of the supremacy of law, plays a crucial role in ensuring the protection and enforcement of human rights. This concept emphasizes that all citizens, including the government, are subject to the same law, thus preventing abuse of power and discriminatory practices.In Indonesia, human rights values are embedded in the Pancasila and the 1945 Constitution, but their implementation still faces various obstacles such as corruption, social inequality, and violations against minority groups. This research uses a normative-juridical approach through literature review and conceptual analysis. The results indicate that strengthening the rule of law can be achieved through judicial independence, improved legal education, and active public participation. Furthermore, globalization also influences the alignment between human rights and the rule of law through various international instruments. Therefore, strengthening the rule of law is crucial for realizing a just and inclusive society.
The Act of Murder in QS. An-Nisa 92-94 Sihombing, Darwin Wibowo; Hadijah, Siti
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i1.29070

Abstract

Murder is one of the most serious crimes in Islam, directly related to the human right to life. This aims to exam in eview Islam regarding action murder based on Al-Qur'an Surah. Paragraph 92 until 94 in An-Nisa explain the difference between intentional and accidental murder, and analyze How values can be applied incontemporary life. The method that used is a qualitative research with an interpretive approach. Research shows that Islam very value values life, provides severe punishment for deliberate killing through the qishas system, and stipulates substitutes in the form of diyat and kafarat for accidental killing. The values contained in the sentence still relevant until currently, especially in help reject violence and fight for justicesocial.

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