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Resolution of Marine Resource Disputes in Indonesia from the Perspective of Islamic Law and National Law Hakim, Abdul; Rahma, Ainur
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i1.29111

Indonesia, as an archipelagic country with a maritime territory covering more than two-thirds of its total territory, possesses enormous marine resource potential and is vulnerable to conflict. This study aims to analyze the dynamics of marine resource disputes in Indonesia and formulate a settlement model based on the integration of national law and Islamic legal principles. The study employed a qualitative method with a normative approach and literature studies from scientific journals, international legal documents, and Islamic legal literature. The results indicate that marine resource disputes in Indonesia are triggered by overlapping jurisdictional claims, illegal fishing practices, and weak law enforcement. UNCLOS 1982, as an international maritime law regime, has provided a normative framework, but its implementation is often hampered by political factors and economic interests. From an Islamic legal perspective, the principles of justice ('adl), benefit (maslahah), and the prohibition of overexploitation (Israf) offer a comprehensive ethical approach. The integration of these two legal systems has the potential to create a dispute resolution mechanism that is not only legalistic but also oriented towards sustainability and social justice.

Review of Universal Human Rights Theory in the Perspective of Law and Justice HM, Misdin Arifin; Anggraini, Sabna
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.v9i1.29028

This study analyzes the conceptual framework and philosophical foundations of human rights (HAM) through a review of key legal theories. The discussion begins with natural law theory, which argues that human rights are inherent, universal, and derived from transcendental ethical principles as a guide for positive law. As an antithesis, this study presents the theory of legal positivism, which emphasizes that human rights are a formal product of state institutions, where legal validity is separate from moral considerations. Next, this study examines theories of justice, particularly John Rawls's concept of "justice as fairness," to analyze the equitable distribution of rights, obligations, and resources within a social structure. The theoretical analysis concludes with a debate between universalism and cultural relativism. Universalism asserts the global applicability of human rights to every individual, while cultural relativism emphasizes the importance of social context, traditions, and local values. By synthesizing these perspectives, this study concludes that a thorough understanding of these theories is crucial for implementing human rights globally while maintaining sensitivity to the diversity of global contexts.

The Urgency of Reforming Indonesian Commercial Law in Facing Digital Trade Baqi, Ahmad; Harahap, Nasyfah Salsabila
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i1.29105

The development of digital technology has significantly changed trade patterns in Indonesia, marked by the emergence of e-commerce, fintech, and the platform-based economy. However, this progress has not been matched by adequate legal preparedness. Indonesian trade law still relies heavily on the Commercial Code (KUHD), which was historically designed for conventional transactions, thus failing to accommodate the complexities of digital transactions. This study aims to analyze the current state of trade law, identify normative limitations, and examine the urgency of legal reform in the face of digitalization. The method used is a qualitative approach through a literature review analyzing various regulations such as the KUHD, the ITE Law, and the Consumer Protection Law. The results indicate a gap in norms related to electronic contracts, click-wrap agreement mechanisms, digital platform liability, personal data protection and online dispute resolution. Furthermore, legal relationships in digital transactions involving third parties, such as marketplaces, add to the complexity and have not been comprehensively regulated. This situation has the potential to create legal uncertainty and weaken protection for consumers and businesses. Therefore, adaptive and integrative normative reform of trade law is needed to create legal certainty, justice, and effective protection in the digital trade ecosystem in Indonesia. This update is expected to be able to answer the challenges of the digital era while supporting sustainable national economic growth.

Comparison of Islamic Criminal Law and National Law Regarding the Criminal Act of Rape Against Minors Widiansyah, Eko; Syahri, Alfi
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29223

This study examines the comparison between Islamic criminal law and Indonesian national law regarding the crime of rape against minors, focusing on legal regulation, sanctions, and victim protection. The increasing number of sexual violence cases against children in Indonesia highlights a significant gap between existing legal frameworks and their practical implementation. Therefore, this research aims to analyze how both legal systems regulate such crimes, to identify their similarities and differences, and to assess the relevance of Islamic criminal law in strengthening national law. This research employs a normative-empirical legal approach by analyzing statutory regulations, Islamic legal sources (Qur'an, Hadith, and classical as well as contemporary fiqh), and secondary data from official reports and relevant scholarly studies. The data are analyzed qualitatively using descriptive and comparative methods. The findings reveal that Indonesian national law provides explicit and comprehensive regulations, including strict criminal sanctions and mechanisms for victim protection, such as restitution and rehabilitation. However, its implementation remains suboptimal due to structural and cultural challenges. In contrast, Islamic criminal law emphasizes the protection of human dignity and strictly punishes perpetrators while exempting victims from liability, incorporating both punitive and restorative elements. In conclusion, both legal systems recognize rape against minors as a serious crime, yet differ in their legal construction and application. Islamic legal principles, particularly maqashid al-shari'ah, offer significant contributions in enhancing a more just, victim-oriented, and holistic legal framework within the national system.

The Meaning Of Resorative Justice In The Concepts Of Sulh, Afw, Diyat, And Social Reintegration In Islamic Criminal Law Hakim, Abdul; Fadhilah, M. Arief
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i1.29050

This study aims to explore and analyze the meaning of restorative justice within the framework of Islamic criminal law through the concepts of sulh, afw, diyat, and social reintegration. The research method used is library research with a normative-descriptive approach that examines secondary data in the form of legal and sharia literature. The results show that Islamic criminal law has fundamental similarities with the principles of modern restorative justice, where case resolution does not only focus on punishment (retributive), but rather prioritizes restoring relationships between the perpetrator, victim, and society. The concepts of sulh (peace) and afw (forgiveness) provide space for reconciliation, while diyat (compensation) functions as an instrument for restoring the victim's material rights. Through the islah mechanism, Islamic law encourages social reintegration that allows perpetrators to improve themselves and maintain social harmony. This harmonization between positive law in Indonesia and the values of Islamic criminal law has the potential to become a new paradigm in a more humane and just criminal justice system.

Agrarian Law in Land Dispute Resolution in Indonesia Purwanti, Desi; Harahap, Ismail Halomoan
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i1.29042

Agrarian law comprises the entire body of legal norms, both written and unwritten, that govern the legal relationships between legal subjects in the agrarian sector. Land plays a crucial role in human life, as the relationship between humans and land is continuous and inseparable. This demonstrates the close relationship between humans and land, as land is the primary means of supporting life, serving as a residence, a source of livelihood, and a valuable economic asset. However, many individuals exploit weak law enforcement, leading to an increase in land disputes within the community. Land disputes are unavoidable in this modern era, driven not only by the weak integrity of some law enforcement officials but also by the high demand for land that is disproportionate to the limited availability of land. This gives rise to various conflicts, both between individuals and groups, as well as between the community and companies or the government. Therefore, an effective and fair dispute resolution system is necessary. In resolving land disputes, there are several mechanisms that can be taken, including through litigation in court and non-litigation channels such as mediation, negotiation and arbitration, which aim to achieve justice and legal certainty for all parties.

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.

The Rule of Law as the Theoretical Basis for State Administrative Law Purba, Guvo Deswarth; Sarhan, Muhyiddin Hilal
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29044

The rule of law is a fundamental principle in governance that places law as the foundation and limit of state power. In the context of state administrative law, the principle of the rule of law plays a crucial role in regulating the implementation of government authority and providing legal protection for citizens. Administrative law is the primary instrument for ensuring that government actions and decisions are implemented based on the principle of legality, general principles of good governance, and effective oversight mechanisms. This study employs a normative legal research method with a statutory and conceptual approach. The legal materials used consist of statutory regulations, expert doctrines, and relevant legal literature. The analysis is descriptive-analytical. The discussion in this journal begins with an elaboration of the concept of the rule of law as the theoretical basis of state administrative law, followed by a discussion of legal protection for citizens and the application of general principles of good governance, as well as the implications of the rule of law for governance. The results of the discussion indicate that the principle of the rule of law plays a crucial role in limiting government power and realizing an orderly, accountable, and just government.

Principles of Islamic Law Rambe, Dinda Suciana; Sagala, Eviana
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29149

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.

Analysis of the Hadith On Hudud Crimes: A Study of the Prohibition Alcoholic Beverages From an Islamic Legal Perspective Safikoh, Aniksya Nabila; Sitorus, Yardah Annissi Ahdy
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i2.29117

This study aims to analyze hadiths related to hudud crimes, particularly the prohibition on drinking alcohol from an Islamic legal perspective. Alcohol is any type of intoxicating beverage that is prohibited in Islam because it can damage the mind and cause various negative impacts, both for individuals and society. This prohibition is not only based on the Qur'an, but also emphasized in the hadith of the Prophet Muhammad SAW, which states that everything that intoxicates is haram. The research method used is qualitative research with a library approach, through a review of related hadiths and fiqh jinayah literature. The results show that drinking alcohol is included in the category of hudud crimes that are subject to strict sanctions in the form of caning as a form of deterrent and prevention. In addition, alcohol is also seen as a source of various crimes because it can reduce a person's awareness and self-control. From an Islamic legal perspective, the prohibition of alcohol aims to maintain the mind (hifz al-'aql) as part of the maqashid sharia.

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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