Garuda - Garba Rujukan Digital

Legal Protection for Sharia Bank Customers in the Digital Era Following the Issuance of Law Number 4 of 2023 Concerning the Development and Strengthening of the Financial Sector Sinulingga, Nurhasanah Br; Zein, Ahmad Wahyudi
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.21281

This study examines the legal protection available to customers of Islamic banking in Indonesia within the framework of national banking regulations. The purpose of the research is to identify how the law safeguards the rights and interests of Islamic bank customers, considering that such protection is essential not only for conventional banking customers but also for all financial institutions. The urgency of this topic arises from the fact that Islamic banking is relatively new in Indonesia, making it more susceptible to various challenges and disputes in practice that may potentially harm customers as the main consumers of banking services. The research adopts a normative juridical approach, emphasizing an analysis of legal norms, principles, and rules that regulate banking activities in Indonesia. The data sources consist of primary legal materials, including laws and regulations governing banking, and secondary legal materials, such as academic literature, journals, and other relevant documents. Data collection is conducted through a library research method, while data analysis employs a descriptive-analytical technique to systematically describe, explain, and assess the legal framework in order to provide a clear understanding of the extent of legal protection for Islamic banking customers.

Strengthening Harmonious Islam Through a Philological Approach Meknesya, Chifa Azyana Adly; Ramadani, Defri
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.21367

Indonesia is inhabited by a nation that has various arts and cultures. One of the typical cultural products of the archipelago is ancient manuscripts. So it is inevitable to make it part of the main source in strengthening Islam Nusantara. This paper will discuss the scope of manuscripts in the archipelago and explain the theoretical and practical philological approach. This paper is part of strengthening the theoretical framework through a critical literature review. In conclusion, in almost every city across the islands in Indonesia, a number of manuscripts have been found with a variety of scripts, languages and content that reflect the depth of the nation's spirituality. One of the tasks of philologists is to transliterate (translate), so that ancient manuscripts can be read more widely and then study them interdisciplinary as material for cultural reconstruction. The extent to which the products of philological research contribute to science depends on the intelligence and creativity of researchers in dialogue with the scientific disciplines they are studying, so that they are able to strengthen the identity of Islam Nusantara which is known to be friendly and harmonious in relations with God, fellow humans and the environment.

INTEGRATION OF DIGITAL TECHNOLOGY IN THE INHERITANCE DISTRIBUTION SYSTEM BASED ON FARAIDH LAW Anggraini, Anggi Egi
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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The development of digital technology offers new opportunities in resolving the challenges of inheritance distribution under faraidh, which has long been considered complex and prone to calculation errors. The main challenges include the diversity of heirs’ conditions, differences in interpretation among Islamic schools of thought, integration with national legal systems, and the protection of sensitive family data. On the other hand, the opportunities presented are efficiency, accuracy, transparency, and the educational function of helping society better understand inheritance distribution in accordance with Islamic law. This study aims to analyze how technology can assist in addressing inheritance distribution issues, particularly through the use of digital applications designed to automatically calculate heirs’ shares.The research employs a qualitative approach with a descriptive-analytical method. Data were obtained through literature studies on Islamic inheritance law, academic publications in information technology, and direct analysis of inheritance distribution applications. The research materials consist of digital inheritance calculators such as Hitung Waris and In Waris, which are used as samples to evaluate the effectiveness, strengths, and weaknesses of each application in practice. The analysis compares the applications’ calculation results with the requirements of faraidh law and examines the extent to which these applications meet societal needs. The findings are expected to provide a comprehensive overview of the contribution of technology in supporting the implementation of faraidh, while also highlighting the limitations that need improvement so that such applications can be more optimally utilized in the future.

A REVIEW OF ISLAMIC CRIMINAL LAW ON SANCTIONS FOR CHILD RAPE PERPETRATORS ANALYSIS OF LAW NO. 12 OF 2022 ON CRIMES OF SEXUAL VIOLENCE Kinaryosi, Regi
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This study discusses the differences in the application of criminal sanctions against perpetrators of consensual sexual relations with children from the perspective of Islamic criminal law and positive law. The focus of the study is on analyzing the verdict in the case of Reza Pratama, who was sentenced to two years in prison under Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS). In positive law, children are always positioned as victims who cannot be held criminally responsible, even if the act was committed voluntarily. Conversely, Islamic criminal law views sexual relations outside of marriage, whether forced or consensual, as adultery, which is punishable for both parties involved, with the type of punishment determined based on the marital status of the perpetrator. The research method used was normative research with a statute approach and a comparative approach. The results of the study show that there are fundamental differences between the two legal systems. Positive law focuses on the protection of children as a vulnerable group, while Islamic criminal law emphasizes the application of sanctions against all parties who commit adultery without considering age as a determining factor in the status of the victim. This difference reflects the different legal philosophies underlying each system, namely the protection of children's rights in Indonesian positive law and the enforcement of Sharia law in Islamic criminal law

A Review of Maqashid Shariah on the Use of Artificial Intelligence in Detecting the Causes of Divorce Through Social Media Wani, Wani
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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The development of digital technology, particularly Artificial Intelligence (AI), has brought significant changes across various fields, including family law. Al has the capability to analyze social media data to detect potential risks of divorce. This study employs a qualitative method with a normative approach through literature review, drawing on both classical and contemporary Islamic legal sources, as well as an analysis of the ethical dimensions of technology use. The aim of this article is to examine such utilization from the perspective of maqasid al-shariah. The study explores relevant principles of Islamic law concerning divorce and the preservation of family welfare in an increasingly digital era. The findings indicate that, from a technical standpoint, Al can assist in identifying patterns of interaction that may signal marital breakdown, such as frequent conflicts, negative communication, or signs of infidelity on social media. However, from the perspective of maqaşid al-shari'ah, the use of this technology must uphold the principles of justice, confidentiality, and the avoidance of greater harm, particularly in safeguarding honor (hifz al-ird) and the privacy of family life. Thus, Al may serve as a tool to help preserve family unity, but its implementation must be regulated within an ethical and sharlah-compliant framework to ensure alignment with maqaşid al-shariah. This study further recommends regulatory reform to accommodate digitai transformation while maintaining the foundational principles of family law.

The Role of AI in Delaying Divorce Leading to Infidelity: Perspectives from Islamic Law and Family Psychology Nasution, Zainul Aziz
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Divorce delay often generates negative impacts, including infidelity. This article examines the role of Artificial Intelligence (AI) in detecting social risks resulting from delayed divorce that leads to a wife’s infidelity, viewed from the perspectives of Islamic law and family psychology. This study employs a qualitative method through literature review of Islamic law, family psychology, and AI technology. The findings indicate that AI functions as an early detection tool for signs of conflict, emotional dissatisfaction, and the risk of infidelity. From the standpoint of Islamic law, postponing divorce that results in adultery or infidelity constitutes a harm (mafsadah) that must be avoided. From a psychological perspective, prolonged delays may cause chronic stress, unmet emotional needs, and trauma in children. Therefore, AI can serve as a supportive instrument for making decisions that are more just and beneficial (maslahah).

Ahmad Ibrahim and the Islamization of law in Malaysia amir, ahmad nabil
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This article aims to explore the work and contribution of Ahmad Ibrahim (1916-1999) in his effort to Islamize law in Malaysia. It discusses in depth his method to apply Islamic law as set forth in his works and the consistent effort in striving to espouse and bring about harmonization of Islamic and civil law of the British colonies. The study is based on qualitative method using primary and secondary sources. The data was systematically analyzed in a descriptive, historical and comparative manner. The finding shows that Ahmad Ibrahim has bring about unprecedented reform in the administration of Islamic law in Malaysia and espoused instructive ways for the realization of the maqasid and shariahization spirit in contemporary context. He had constructed and formulated comprehensive and unprecedented structure of instructive and highly possible method to Islamize law and to bring about harmonization of Islam and civil law in Malaya by espousing for independent legal and criminal administration of Islamic law and formation of the highly anticipated Shariah court in Malaya.

Analysis of Togel Gambling as a Crime from an Islamic Criminal Law Perspective Rambe, Dinda Suciana; Pasaribu, Harafi
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29160

In Indonesian society, gambling remains a controversial issue. Law enforcement has uncovered numerous cases. This demonstrates that gambling in Indonesia has not been eradicated and is a social ill. Gambling involves deliberate wagering, risking a value or something deemed valuable, while acknowledging the risks and expectations inherent in games, matches, competitions, and other events with uncertain outcomes. Verse 90 of QS Al-Maidah clearly forbids gambling, citing its heinous nature as a satanic act. Therefore, we should refrain from engaging in it. Research methodology is a collection of regulations, activities, and procedures employed by practitioners of a discipline. This type of research is normative legal research, also often referred to as library research. Within the framework of the maqāṣid al-syarī'ah (the principles of Islamic law), gambling clearly contains elements of harm that outweigh its benefits. Therefore, prevention and control efforts need to be comprehensive, encompassing legal, social, and religious approaches. In this context, the implementation of legal sanctions for lottery gambling according to the perspective of Islamic criminal law is categorized as ta'zir sanctions, either in the form of caning or other punishments. In addition, sanctions for perpetrators of gambling who use technology, the government can adjust regulations based on applicable laws.

Analysis Robbery from a Criminal Law Perspective: Law Enforcement, Criminal Accountability, and the Effectiveness of Sanctions Rahman, Farhan Fathur; Isvara, Zahara Qifta
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29168

This study aims to analyze the crime of robbery from a criminal law perspective, with a focus on law enforcement, criminal liability, and the effectiveness of criminal sanctions. The background of this study is based on the increasing crime rate, especially robbery, which not only causes property damage but also threatens the safety and security of the community. This study uses a normative juridical method with a statutory and conceptual approach, and is supported by literature and documentation studies of primary and secondary legal materials. The research stages include data collection, data reduction, data presentation, and normative analysis of applicable legal provisions, especially Article 365 of the Criminal Code (KUHP). The results of the study indicate that normatively, the regulation regarding robbery has been strictly regulated with severe criminal threats, however, in practice, law enforcement still faces various obstacles, such as weak evidence, limited apparatus resources, and inconsistencies in judges' decisions

Islamic Radicalism, Terrorism and Anti-Pancasila: Examining the Roots of Radicalism and the Anti-Pancasila Movement Imamuddin, Imamuddin; Adinata, Tio
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29170

This study aims to analyze the relationship between radical Islamic ideology, acts of terrorism, and the emergence of anti-Pancasila movements in Indonesia. The phenomenon of radicalism is often the root cause of terrorist acts that threaten not only physical security but also the ideological stability of the state. Using qualitative methods through literature review and descriptive analysis, this study examines the triggering factors of radicalism, ranging from narrow religious understanding, global political influence, to socio-economic dissatisfaction. The results of the study indicate that anti-Pancasila movements often use religious narratives to delegitimize the national consensus, which, if left unchecked, can develop into systematic acts of terrorism. This study concludes that strengthening religious moderation and revitalizing Pancasila values in education and public spaces are crucial steps to stem the infiltration of radical ideology in society.

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Contact Name
-

Contact Email
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Phone
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Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA