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Ottoman Turkish State Practices Harahap, Imam Mulia Tua; Novita Ramadani, Cintami Grece
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.v8i1.29082

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 Widiansyah, Eko; Aulia, Riza
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.v9i1.29114

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 Rambe, Dinda Suciana; Nurlaili, Putri
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.v7i1.29064

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 Nasution, Wahida Ariyanti; Hutabarat, Adinda Putri
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.v6i1.29101

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 Manurung, Maria MT; Fajastia, Syifa
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.v5i1.29343

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 HM, Misdin Arifin; sabrina, aisyah
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.v8i1.29285

Corruption is one of the most damaging crimes to the life of the nation and state in Indonesia. The development of criminal law regulations for corruption in Indonesia has undergone a long journey from the colonial period to the reform era. This study aims to examine the historical and juridical development of criminal law for corruption in Indonesia, starting from the Dutch colonial period, the Old Order era, the New Order era, and the post-1998 Reformation era. The research method used is normative legal research with a historical and legislative approach. The results of the study indicate that there has been a significant paradigm shift in the handling of criminal acts of corruption in Indonesia, from a partial and sectoral approach to a more comprehensive and systemic approach. The establishment of the Corruption Eradication Commission (KPK) in 2002 through Law Number 30 of 2002 was an important milestone in the effort to eradicate corruption in Indonesia. However, various regulatory changes and institutional challenges still characterize the journey of corruption eradication to date. This study concludes that strengthening regulations, institutions, and anti-corruption culture simultaneously is the key to the success of corruption eradication in Indonesia.

Muhammad Syahrur's Theory of Limitations as an Effort to Reform Islamic Law Siregar, Ayu Juniaty; Tanjung, Sahdia
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.v9i1.29125

This study aims to examine the Theory of Limitations proposed by Muhammad Syahrur as an effort to reform Islamic law in facing the dynamics of modern society. This theory offers an interpretive approach that emphasizes the existence of minimum limits (hadd al-adna) and maximum limits (hadd al-a'la) in determining law, thus allowing flexibility in the application of sharia without deviating from the basic principles of the Qur'an. The research method used is a literature study with a qualitative approach, through an analysis of the works of Syahrur and literature related to contemporary Islamic legal thought. The results of the study indicate that the Theory of Limitations makes a significant contribution to the development of a more contextual and adaptive ijtihad methodology to social change. In addition, this theory also opens up space for a reinterpretation of Islamic law that is more responsive to modern issues such as social justice, gender equality, and human rights. Thus, the Theory of Limitations can be seen as an alternative in Islamic legal reform that seeks to bridge the gap between normative texts and empirical reality, without ignoring the fundamental values of Islamic teachings.

Changes In Javanese Customary Law From The Perspectives Of Legal Sociology And Anthropology Daulay, Nurlaily Kamilah; Amri, Ghoiril
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.v7i1.29227

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 Pasaribu, muhammad Amalan; Naslim, Nazwa Sabrina
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.v6i1.29071

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 Pasaribu, M. Amalan; Amanina, Pairuz
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.v5i1.29110

This study discusses the hadiths related to the crime of qadzaf (accusing adultery without valid evidence) from the perspective of Islamic criminal law. The background of this study is based on the importance of maintaining individual honor and the widespread phenomenon of accusations without evidence, especially in the digital era. The method used is a library research study with a normative approach, through analysis of authentic hadiths, verses of the Qur'an, and the opinions of scholars. The research stages include data collection, analysis of takhrij hadiths and fiqhul hadith, and drawing legal conclusions. The results show that qadzaf is a major sin and a hudud crime with the main sanction of 80 lashes and rejection of the perpetrator's testimony. In addition, there is a threat of punishment in the afterlife for perpetrators who do not repent. The discussion also emphasizes that in the modern context, accusations of adultery spread through social media can be subject to ta'zir sanctions at the discretion of the judge. Thus, Islamic law aims to maintain the honor of ḥifẓ al-'irdh, prevent slander, and create a just social order.

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Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA