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Ottoman Turkish State Practices Imam Mulia Tua Harahap; Cintami Grece Novita Ramadani
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29082

This study examines the constitutional system of the Ottoman Empire as a model of government in Islamic history that exerted widespread influence and endured for more than six centuries. This study aims to examine the government structure, factors of progress, and the roots of the decline of the sultanate through a qualitative approach based on library research utilizing various sources of books and scientific journals. The results of the study indicate that the constitutional system of the Ottoman Empire was unique in that it united political and religious authority under one leadership figure, namely the sultan who also served as caliph. The glory of this sultanate was supported by several main pillars, including a solid bureaucracy, effective economic management, and progress in education and science. However, this sultanate ultimately experienced decline triggered by internal factors in the form of prolonged conflict and declining moral values, as well as external factors in the form of geopolitical pressure from the ever-increasing Western powers. It was the accumulation of these various pressures that then drove the transformation towards a secular state, and at the same time marked the end of the Ottoman Caliphate in the history of Islamic civilization.

Dynamics of Islamic Law: The Role of Fiqh Principles and Rules in Contemporary Issues Eko Widiansyah; Riza Aulia
AT-TAFAHUM: Journal of Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i1.29114

Islamic law is a legal system derived from revelation and has unique characteristics that distinguish it from other legal systems. This study aims to analyze the basic principles and fundamental rules of Islamic law that serve as the basis for establishing and implementing law. The method used is qualitative research with a normative approach through a review of classical and contemporary literature. The results of the study indicate that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility in responding to developments. Meanwhile, the rules of Islamic jurisprudence such as al-umur bi maqaṣidiha, al-ḍarar yuzal, al-yaqin la yazulu bi al-shakk, al-mashaqqah tajlib al-taysir, and al-'adah muḥakkamah play an important role in building a systematic and applicable legal framework. These principles and rules serve not only as guidelines for legal istinbaṭ but also as instruments for addressing contemporary legal issues contextually. Therefore, a comprehensive understanding of the basic principles and rules of Islamic law is crucial for realizing laws that are just, relevant, and responsive to societal dynamics.

The Influence of Islamic Business Ethics on Criminal Liability: A Transactional Analysis Dinda Suciana Rambe; Putri Nurlaili
AT-TAFAHUM: Journal of Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i1.29064

This study examines the influence of Islamic business ethics on corporate criminal liability in the context of business law in Indonesia using a normative legal research approach (doctrinal research). The main focus is the principles of muamalah as the foundation of Islamic business ethics that demand justice, trustworthiness, and moral responsibility in corporate activities. This study examines the construction of the element of fault (mens rea) and its relevance in determining corporate criminal liability based on Indonesian positive legal norms. In addition, this study evaluates the application and modification of criminal sanctions in business crime cases that consider the corporation's efforts to comply with or violate muamalah principles. The results of this study are expected to provide a deeper normative understanding of the integration of Islamic ethics in the corporate criminal law system, while also providing recommendations for criminal policy reform that is more responsive to muamalah values.

The Position Of Legal Philosophy From The Viewpoint Of Islamic Legal Science Wahida Ariyanti Nasution; Adinda Putri Hutabarat
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i1.29101

Legal philosophy is an important part of the legal scientific framework, serving to answer fundamental questions about the nature of law, its purpose, and its underlying values. From an Islamic perspective, legal philosophy holds a strategic position as a tool for understanding the sharia values that underlie God's laws. This study aims to outline the position of legal philosophy within the perspective of Islamic legal science. A qualitative approach using a literature review method was used in this paper. The results of the study indicate that Islamic legal philosophy occupies a fundamental position as a foundation for formulating and interpreting law, as well as a link between divine revelation and human rationality. Thus, Islamic legal philosophy addresses not only legality but also the morality and spirituality of law

Analysis Of State Finances Within The Framework Of State Administrative Law Maria MT Manurung; Syifa Fajastia
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29343

This paper discusses state financial law from the perspective of state administrative law, which plays a crucial role in governance. State finance encompasses all state rights and obligations that can be valued in money, and its management must be orderly, transparent, and accountable. This research aims to understand the definition, scope, position, principles, oversight mechanisms, and responsibilities of administrative officials in managing state finances. The discussion results indicate that state financial law is a subset of public law that regulates the acquisition, management, and use of state funds based on principles of good governance, such as transparency, accountability, efficiency, effectiveness, and legal compliance. Oversight is carried out through internal and external mechanisms by authorized institutions, while accountability is manifested in auditable financial reports. Furthermore, state administrative officials have legal responsibilities that include administrative, civil, criminal, and moral liability. Therefore, state financial law is not merely technical but also a crucial instrument in realizing clean, effective, and accountable governance for the benefit of the public.

Development of Criminal Law on Corruption in Indonesia: Historical and Legal Review Muhammad Ramadhan; aisyah sabrina
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29285

Corruption has long been recognized as an extraordinary crime in Indonesia due to its systemic nature and its detrimental impact on economic development, public welfare, and public trust in government institutions. The evolution of anti-corruption law in Indonesia reflects the state's continuous efforts to strengthen legal mechanisms for combating corruption in response to changing political and social conditions. This study aims to examine the historical development of criminal law on corruption in Indonesia and to analyze the effectiveness of anti-corruption regulations across different political periods. The research employs a normative legal method using historical, statutory, and conceptual approaches. Data were collected through library research involving primary, secondary, and tertiary legal materials, including legislation, legal literature, and scholarly publications, which were analyzed qualitatively. The findings indicate that the development of Indonesia's anti-corruption legal framework has progressed through four major phases: the colonial period, the Old Order, the New Order, and the Reform Era. Each phase reflects distinct legal and political characteristics that influenced the formulation and enforcement of anti-corruption policies. Significant legal reforms during the Reform Era, including the enactment of Law No. 31 of 1999 as amended by Law No. 20 of 2001 and the establishment of the Corruption Eradication Commission (KPK), have strengthened Indonesia's institutional capacity to combat corruption. Nevertheless, persistent challenges remain, including weak law enforcement, political intervention, institutional resistance, and attempts to weaken anti-corruption agencies. Therefore, strengthening institutional independence, improving legal certainty, and enhancing public accountability remain essential for ensuring the effectiveness of corruption eradication efforts in Indonesia.

Muhammad Syahrur's Theory of Limitations as an Effort to Reform Islamic Law Mohammad Amir Bin Wan Harun; Sahdia Tanjung
AT-TAFAHUM: Journal of Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i1.29125

This study examines Muhammad Syahrur's Theory of Limitations (Naẓariyyah al Ḥudūd) as a contemporary approach to Islamic legal reform. Syahrur argues that the Qur'an establishes minimum and maximum legal boundaries rather than rigid and immutable legal rules, thereby allowing room for ijtihad to respond to changing social realities while remaining within the framework of divine revelation. This research aims to analyze the epistemological foundation of the Theory of Limitations and evaluate its relevance to the development of contemporary Islamic law. The study employs a qualitative library research method using both primary and secondary sources, including Syahrur's original works, scholarly books, and academic journal articles. Data were collected through documentation techniques and analyzed using descriptive analytical and normative approaches. The findings reveal that Syahrur's theory offers a flexible and contextual understanding of Islamic law by integrating textual interpretation with rational, linguistic, and scientific approaches. Through the concepts of al-ḥadd al-adnā (minimum limit) and al-ḥadd al-aʿlā (maximum limit), the theory provides a framework for legal adaptation to contemporary issues such as social justice, gender equality, and human rights without departing from the essential principles of the Qur'an. Although the theory has been criticized for its liberal interpretation and departure from classical jurisprudential methods, it represents a significant contribution to contemporary Islamic legal thought by promoting a dynamic, contextual, and adaptive model of Islamic law.

Changes In Javanese Customary Law From The Perspectives Of Legal Sociology And Anthropology Muhammad Amar Adly; Ghoiril Amri
AT-TAFAHUM: Journal of Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i1.29227

Javanese customary law is a dynamic value system that reflects the identity and local wisdom of the community. This article aims to analyze the meaning, original form, and transformation of Javanese customary law from the perspective of sociology and legal anthropology. The research methodology uses a qualitative approach with literature review. The results of the study indicate that Javanese customary law is flexible and able to adapt to changing times. However, significant transformations are currently occurring due to globalization, modernization, and interactions with the formal legal system. Striking changes are seen in the shift in social values related to gender equality, the repositioning of women's rights in inheritance and marriage practices, and the modernization of dispute resolution mechanisms. Sociologically, this phenomenon is a response to changes in social structure and urbanization. Anthropologically, these changes demonstrate the efforts of Javanese society to negotiate the preservation of tradition with the demands of modernity in order to maintain the relevance of collective identity in the global era.

Islamic Economic Dispute Resolution Mohammad Amir Bin Wan Harun; Nazwa Sabrina Naslim
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i1.29071

The rapid development of Islamic economics and finance in Indonesia has increased the potential for disputes due to differing understandings of contracts, breaches of contract, and inconsistencies in practices with Islamic principles. This situation demands a dispute resolution mechanism that can guarantee legal certainty while remaining grounded in Islamic values. This study aims to examine the definition and causes of Islamic economic disputes, the principles for their resolution, available mechanisms, and the authorized institutions in Indonesia. The method used is a normative juridical approach with an analysis of Islamic legal sources and relevant legislation. The study results show that, from an Islamic legal perspective, dispute resolution emphasizes the principles of justice (al-'adl), public interest (al-maslahah), and balance (tawazun) through deliberation (shura), reconciliation (sulh), and arbitration (tahkim). Meanwhile, under Indonesian positive law, dispute resolution is conducted through litigation in Religious Courts and non-litigation methods such as mediation and arbitration through BASYARNAS. These two approaches complement each other by ensuring legal certainty, efficiency, and compliance with sharia principles. Thus, the resolution of Islamic economic disputes in Indonesia is an integration of Islamic law and positive law that not only aims to resolve conflicts, but also maintains the values of justice, ethics, and sustainability of the Islamic economy.

The Concept And Sanctions Of Qodzhaf In Hudud Criminal Law: Hadith Perspective Watni Marpaung; Pairuz Amanina
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29110

As a state governed by the rule of law (rechtstaat), Indonesia places law as the primary foundation for the exercise of governmental authority and the protection of citizens' rights. Within this framework, the State Administrative Court (Pengadilan Tata Usaha Negara—PTUN) plays a vital role in ensuring that administrative actions undertaken by government bodies comply with legal principles and the general principles of good governance. This study aims to analyze the position and function of the State Administrative Court within the Indonesian legal system, examine its role in providing legal protection to citizens, and identify the challenges affecting the effectiveness of its authority. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of primary sources, including Law Number 5 of 1986 concerning the State Administrative Court and its subsequent amendments, relevant court decisions, and applicable legislation, supported by secondary and tertiary legal materials obtained through library research. The collected legal materials were analyzed descriptively and analytically. The findings reveal that the PTUN occupies a strategic position as one of Indonesia's judicial institutions responsible for resolving disputes between citizens and government administrative bodies arising from administrative decisions. Beyond adjudicating disputes, the PTUN serves as an important mechanism for judicial oversight, ensuring legality, accountability, transparency, and the implementation of good governance. However, the effectiveness of the PTUN remains constrained by several factors, including limited public awareness of administrative justice mechanisms, restricted access to legal remedies, inadequate enforcement of final court decisions by administrative authorities, and the increasing complexity of administrative disputes in the era of globalization. Therefore, strengthening institutional capacity, improving public legal awareness, enhancing the execution of PTUN judgments, and reforming administrative regulations are essential to optimize the court's role in protecting citizens' rights, promoting legal certainty, and reinforcing the principles of the rule of law in Indonesia.

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Location Kota medan, Sumatera utara INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA