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Islamic Legal Analysis Of Istishn'a Contract Transactions In Buying And Selling Practices Purnama Wahyuni; Riyan Sinaga
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.v5i1.29145

This study aims to describe and analyze the Istishna Agreement, a sales transaction carried out in the form of ordering the manufacture of goods or goods with certain specifications and standards to the buyer or ordering party. In Istishna, payment can be made in advance, paid in installments until completion, or postponed until a mutually agreed date. And Istishna is usually applied to products and industrial products. The type of research used is descriptive. Data sources in this study are library research and observation. The results of this study are Istishna sale and purchase transactions that are not widely known. However, without them realizing it, this agreement has been widely realized in their lives such as pre-orders in all online shops with technological media, where they order with the criteria they agree on and then pay according to the time agreed. This sale and purchase is included in the sale and purchase that is permitted in Islam. With Fatwa Fatwa Sharia Council No: 06 / DSN-MUI / IV / 2000.

Legal Analysis of Banking Crimes and Money Laundering in Indonesia David Nwanna Dumbiri; Abd. Rahman Alwi Pase
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.v8i1.29034

The rapid development of the banking sector and information technology in Indonesia has significantly facilitated financial transactions while simultaneously increasing the risk of banking crimes and money laundering activities. Banking crimes such as fraud, embezzlement, abuse of authority, and financial transaction manipulation frequently serve as predicate offenses for money laundering. This study aims to analyze the legal framework governing banking crimes and money laundering in Indonesia, examine their interrelationship, and identify challenges in their prevention and enforcement. This research employs a normative legal method using statutory and conceptual approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed qualitatively. The findings indicate that banking crimes are closely linked to money laundering, as offenders often exploit banking systems to conceal the illicit origins of criminal proceeds through complex financial transactions, including layering, the use of third-party accounts, and cross-border fund transfers. Although Indonesia has established a comprehensive legal framework to combat these crimes, law enforcement efforts continue to face challenges, including weak supervision, limited technical capacity of law enforcement agencies, inadequate inter-agency coordination, and the increasing sophistication of technology-based criminal methods. The study further reveals that current measures remain predominantly repressive, while preventive strategies have not been optimally implemented. Therefore, strengthening regulatory frameworks, enhancing institutional cooperation, improving human resource capabilities, and adopting advanced technological monitoring systems are essential to effectively prevent and combat banking crimes and money laundering in Indonesia.

Jinayah Classification Based on Hadith Hisam Ahyani; Siti Azizi Z Matondang
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.v9i1.29122

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.

Consumer Protection in Modern Transactions: A Review Islamic Criminal Law on Breach of Contract David Nwanna Dumbiri; Ratu Naira Lubis
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.v7i1.29121

This study aims to construct a deep understanding of consumer protection in contemporary muamalah practices through the perspective of Islamic criminal law, with a focus on various forms of contractual deviations that have the potential to cause economic and moral losses. The digital transformation in modern economic activities and the increasing complexity of transaction models have opened up space for unlawful acts, such as fraud (tadlis), uncertainty of contractual clauses (gharar), information manipulation, and fraudulent practices (ghabn). In Islamic criminal law, these forms of violations are classified as ta'zir crimes, namely crimes for which the determination of sanctions is left to the competent authorities in order to maintain public order and welfare. This study uses a literature study method by examining primary and secondary sources from Islamic legal thinkers such as Wahbah az-Zuhaili, Abdul Qadir Audah, and Muhammad Abu Zahrah. The results of the analysis show that Islamic criminal law offers a comprehensive normative framework for consumer protection by upholding the principles of justice, transparency of contracts, and prevention of exploitation. The flexibility of the ta'zir concept also provides room for adjusting the types of sanctions to the dynamics of technology and social needs, including in the context of digital transactions. This study concludes that the integration of fiqh muamalah and fiqh jinayah is a relevant approach to strengthen the consumer protection system in the modern era. This framework not only fills the gap in regulations in the categories of hudud and qishas-diyat, but also confirms that Islamic criminal law is normative and adaptive to the development of contemporary economic practices.

The Importance of Tabbayyun in Countering Hoax Information in the Digital Era Muhammad Ikhlas Bin Rosele Lubis; Aura Ajrina Dalimunthe
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.v6i1.29120

The rapid advancement of information technology and digital communication has significantly transformed the way people access and disseminate information. While digital platforms facilitate fast and widespread information exchange, they have also accelerated the proliferation of hoaxes and misinformation, which can mislead the public, create social unrest, and undermine public trust. In this context, the Islamic principle of tabayyun (verification) offers a relevant ethical framework for addressing the challenges posed by the digital information era. This study aims to examine the importance of tabayyun as a strategy for preventing the spread of hoaxes and promoting responsible digital communication. The research employs a normative juridical approach using descriptive-analytical methods. Data were collected through library research by examining primary sources, including the Qur'an and Hadith, as well as secondary sources such as books, scientific journals, and other relevant literature. The findings indicate that the implementation of tabayyun encourages individuals to verify information before accepting or disseminating it, thereby reducing the spread of misinformation. The study also reveals that digital literacy plays a significant role in strengthening the effectiveness of tabayyun, as individuals with higher levels of digital literacy are more capable of identifying unreliable sources, recognizing misleading content, and critically evaluating information. Furthermore, social influences, technological developments, and the rapid circulation of information present additional challenges to practicing verification consistently. The study concludes that tabayyun is not merely a religious obligation but also an essential digital literacy competency that integrates ethical values with critical thinking skills. Strengthening public awareness through education, digital literacy programs, and collaboration among government institutions, educational organizations, religious leaders, and digital platforms is essential for fostering a healthy, responsible, and trustworthy digital information ecosystem while minimizing the harmful impacts of hoaxes in contemporary society.

Contemporary Islamic Jurisprudence Study On Interfaith Marriage: A Review Of Modern Schools Of Thought And Scholars Manswab Mahsen Abdulrahman; Dinda Suciana Rambe; Raja Albar Pandapotan Simatupang
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.v5i1.29128

Interfaith marriage has become an increasingly significant issue in contemporary Islamic jurisprudence due to the growing interaction among people of different religious backgrounds in the era of globalization. While Islamic teachings provide legal guidance on marriage, contemporary scholars have sought to reinterpret classical rulings by considering the objectives of Islamic law (maqasid al-shariah) and the realities of modern pluralistic societies. This study aims to analyze the concept of interfaith marriage from the perspective of contemporary Islamic jurisprudence, examine the views of the four major Sunni schools of law and contemporary Muslim scholars, and explore its relevance within the Indonesian legal system. The research employs a qualitative approach using normative juridical and library research methods. Primary data consist of the Qur'an, Hadith, and classical as well as contemporary Islamic legal literature, while secondary data are obtained from scientific journals, books, and Indonesian marriage regulations. The collected data were analyzed descriptively and analytically to identify similarities, differences, and contemporary legal implications. The findings reveal that the four Sunni schools generally prohibit Muslim women from marrying non-Muslim men, while differing opinions exist regarding Muslim men marrying women from the People of the Book (Ahl al-Kitab). Contemporary scholars such as Yusuf al-Qaradawi and Quraish Shihab acknowledge the textual permissibility of such marriages but emphasize that they should be assessed based on public interest, family harmony, and the religious upbringing of children. In Indonesia, interfaith marriages are not legally recognized under Law Number 1 of 1974 because marriage validity depends on compliance with the respective religious laws of the parties involved. The study concludes that although contemporary Islamic jurisprudence provides room for contextual interpretation, the principles of preserving faith, family stability, and social welfare remain the primary considerations in determining the legal status of interfaith marriage.

Public Service Bintang Muhammad Faan Tarigan; Nur Fauzi
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29220

Public service is one of the main indicators of the quality of government administration and the fulfillment of basic rights of the people by the state. As public demands for fast, transparent, and quality services increase, the government is required to improve the public service system through the application of good governance principles, bureaucratic reform, and technology-based service innovation. This study aims to analyze the dynamics of public services in the context of modern government administration, specifically the factors that influence service quality and efforts to improve it. The research method used is a qualitative study with a library research approach, with data obtained from accredited national scientific journals, reference books, and relevant official documents from the last five years. The research stages include determining the focus of the study, collecting library materials, and descriptive-analytical data analysis. The results show that the quality of public services is significantly influenced by the application of the principles of transparency, accountability, fairness, and professionalism of the apparatus. In addition, bureaucratic reform, service innovation, strengthening human resource capacity, and the use of digital technology have been proven to increase the effectiveness, efficiency, and public satisfaction with public services. This research is expected to provide theoretical contributions to the development of public administration science and practical recommendations for improving the quality of public services in Indonesia.

Consistency of Practice and the Normative Legal Implications of Cancelling Practices from the Perspective of Ahkam Interpretation: An Analysis of QS. Muhammad Verses 33-35 Tiara Rahma; Risa Siti Fadilah
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29180

This study examines the principle of consistency in deeds through an analysis of legal interpretation (tafsir ahkam) of QS. Muhammad verses 33-35. The main focus of this research is to explore the meaning of the prohibition on canceling deeds in the middle of their implementation and the theological and social consequences that arise. Using qualitative methods through a library research approach, this study examines the interpretation of these verses from various classical and contemporary tafsir literature. The results show that QS. Muhammad: 33 gives a clear command for believers to obey Allah and His Messenger and strictly prohibits the destruction of the reward of deeds through inconsistency or doubt. Verse 34 provides a warning to those who hinder the path of Allah, while verse 35 provides a motivational guarantee for believers not to be weak in the struggle. The implications of this finding emphasize that canceling deeds is not merely an individual failure, but has a psychological impact on mental resilience and a social impact on community integrity. The relevance of this study in the modern context is applied to discipline in education, careers, and social struggles.

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/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

A Review of Jinayah Fiqh on the Phenomenon of Doxing and Character Assassination in the Media Purnama Wahyuni; Mhd Irsan Akbar
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29046

The era of digital disruption has shifted criminal patterns from physical space to cyberspace, where personal data is often used as a weapon for digital persecution. The phenomena of doxing (the unauthorized dissemination of personal identity information) and character assassination on social media are not merely violations of communication ethics, but rather systematic threats to the existence of human dignity (al-'irdh). This study aims to dissect these phenomena through the lens of Islamic Jurisprudence (Fiqh Jinayah) in order to formulate an appropriate legal construction for contemporary cybercrime. Using a qualitative descriptive-analytical research method and a normative-juridical approach, this article explores how Islamic law responds to actions that damage an individual's privacy and reputation. The results show that doxing and character assassination fulfill the elements of jarimah (criminal acts) because they contain elements of tajassus (espionage), backbiting, and slander, which are explicitly prohibited in the Qur'an and Sunnah. In the Islamic Jurisprudence (Fiqh Jinayah) classification, this act is categorized as Ta'zir Crime, where the state authority (Waliyyul Amri) has full authority to impose deterrent sanctions, ranging from fines (gharamah) to imprisonment, in order to uphold the main objective of sharia (Maqashid Syariah), namely the protection of honor. This article also emphasizes the importance of reintegrating Islamic moral values into cyber law regulations to reduce the number of "social deaths" for victims in the digital space.

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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