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The Essence of Islam: Conceptual Analysis between Aqidah, Sharia, and Morals Madya Dr. Jasni bin Sulong; Himmatul Khoiriyah
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29126

Islamic law represents a comprehensive legal system derived from divine revelation that governs various aspects of human life. Understanding its philosophical foundation is essential to distinguish between the immutable principles of Sharia and the dynamic interpretations developed through fiqh and ushul fiqh. This study aims to analyze the concepts of Sharia, fiqh, and Islamic law and to examine the philosophical relationship among these three fundamental elements within the framework of Islamic legal philosophy. The research employs a normative juridical method using conceptual and theological-normative approaches. Primary legal materials consist of the Qur'an and Hadith, while secondary and tertiary sources include classical and contemporary scholarly works, scientific journals, books, dictionaries, and encyclopedias. Data were collected through library research and analyzed using a descriptive-analytical method. The findings reveal that Sharia constitutes the divine and absolute legal foundation established by Allah, whereas fiqh represents the human understanding and interpretation of Sharia through the process of ijtihad. Ushul fiqh functions as the methodological framework that guides the derivation and formulation of Islamic legal rulings from their authoritative sources. The study further demonstrates that these three components are inseparable and collectively establish a coherent legal system that balances revelation with rational reasoning. A philosophical approach to Islamic law highlights not only its normative character but also its underlying objectives, including justice, public welfare (maslahah), and the realization of the maqasid al-shariah. Consequently, Islamic law should be understood as a dynamic legal system capable of responding to contemporary social developments while maintaining its essential religious values and universal principles.

Analysis Of Islamic Law On Bank Interest: Comparison Of The Concepts Of Usury And Modern Banking Achyar Zein; Fitra Ardiansyah
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i2.29203

This study examines the concept of bank interest from the perspective of fiqh muamalah by analyzing its legal status, characteristics, and relevance within the contemporary banking system. The research employs a qualitative normative legal approach based on library research, utilizing conceptual and comparative methods. Primary sources include the Qur'an and Hadith concerning the prohibition of riba (usury), while secondary sources consist of classical and contemporary Islamic jurisprudence literature, scientific journals, and references on Islamic and conventional economics. Data were collected through literature review and analyzed descriptively and qualitatively to compare the opinions of classical and contemporary Islamic scholars regarding bank interest. The findings indicate that bank interest serves as the principal mechanism in conventional banking, functioning as compensation for deposits and charges on loans while supporting banking operations, investment, and economic growth. Nevertheless, from the perspective of classical Islamic jurisprudence, bank interest is generally regarded as a form of riba because it involves an additional payment on the principal of a loan without productive economic activity, making it prohibited under Islamic law. Contemporary scholars, however, present more diverse interpretations. While many continue to classify bank interest as prohibited, others distinguish modern bank interest from classical riba by considering its economic function, the absence of exploitation, and the principles of necessity (ḍarūrah) and public interest (maṣlaḥah). The study further reveals that the debate over bank interest extends beyond legal considerations to broader economic and social dimensions, including financial justice, inequality, and sustainable economic development. It concludes that understanding bank interest requires a contextual and comprehensive approach that balances adherence to Islamic legal principles with the realities of modern financial systems. Strengthening Islamic financial institutions is therefore recommended as a practical alternative for achieving economic justice while remaining consistent with the objectives of Sharia.

The Development of Anthropology in Indonesia Farhan Fathur Rahman; Prawira Amanda Putra Siagian
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.v8i1.29133

Anthropology is a branch of social science that studies humans holistically, from cultural and social aspects, as well as the value systems that develop in society. Indonesia, as a country with diverse ethnicities, languages, customs, and social systems, is a very important area of study in the development of anthropology. This article aims to describe the history of anthropology's development, the development of anthropology in Indonesia, and its relevance in understanding the socio-cultural and legal life of society. This research uses a literature study method with a qualitative descriptive approach through data collection from books, scientific journals, and relevant literature. The research stages are carried out through source identification, data classification, content analysis, and interpretation of literature findings. The results of the study show that anthropology has developed from ethnographic records during the colonial period to a systematic and modern scientific discipline. In Indonesia, the development of anthropology underwent a significant transformation after independence through Koentjaraningrat's contribution to the institutionalization of anthropological science and strengthening of national scientific identity. The discussion emphasizes that anthropology in Indonesia is now developing on contemporary issues such as urbanization, globalization, legal pluralism, and digital culture. Thus, anthropology has a strategic role in understanding the complexity of pluralistic and dynamic Indonesian society.

The Act of Murder in QS. An-Nisa 92-94 Darwin Wibowo Sihombing; Siti Hadijah
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.v9i1.29070

Murder is one of the most serious crimes in Islam, directly related to the human right to life. This aims to exam in eview Islam regarding action murder based on Al-Qur'an Surah. Paragraph 92 until 94 in An-Nisa explain the difference between intentional and accidental murder, and analyze How values can be applied incontemporary life. The method that used is a qualitative research with an interpretive approach. Research shows that Islam very value values life, provides severe punishment for deliberate killing through the qishas system, and stipulates substitutes in the form of diyat and kafarat for accidental killing. The values contained in the sentence still relevant until currently, especially in help reject violence and fight for justicesocial.

Abuse of Authority Reviewed from the Perspective of State Administrative Law Epan Apanda; Akmal Rifai Hasibuan
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.v7i1.29037

Abuse of authority is a fundamental problem in governance that has the potential to undermine the general principles of good governance (AUPB) and reduce public trust in the state bureaucracy. This phenomenon arises when government officials use their authority excessively, mix up their authority, or act arbitrarily, thus deviating from the purpose for which the authority was granted. This study aims to analyze abuse of authority from the perspective of State Administrative Law and examine the legal implications and oversight mechanisms available in the Indonesian legal system. The research method used is normative legal research with a library research approach, through a review of relevant laws and regulations, legal doctrine, and national scientific journals. The approach used includes a statute approach and a conceptual approach to obtain a comprehensive understanding. The results of the study indicate that Law Number 30 of 2014 concerning State Administration has provided a clear normative basis regarding the prohibition of abuse of authority, including review by the State Administrative Court. In addition, strengthening internal and external oversight mechanisms and the application of the principles of accountability and transparency are strategic steps in preventing abuse of authority. This research is expected to provide theoretical and practical contributions in efforts to realize good governance.

Innovative Product and Service Development Based on Customer Needs Guvo Deswarth Purba; Muhammad Rahman Rizqi
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.v6i1.29182

The development of innovative products and services is an important strategy in facing increasingly fierce market competition. This study aims to analyze the concept of product development, the process of identifying customer needs, and effective product design in creating added value for consumers. The method used is a literature study with a qualitative descriptive approach based on book sources and scientific references related to entrepreneurship. The results show that the success of product development is greatly influenced by the company's ability to understand customer needs through a systematic identification process, such as customer data analysis and the 5W approach. In addition, structured product design, from planning to design details, is a crucial factor in producing competitive products. Product innovation also plays a key role in creating sustainable competitive advantage. Thus, the integration of innovation, customer needs, and appropriate product design can increase customer satisfaction and support business sustainability in the modern era.

Dynamics Formulation Of The Compilation Of Islamic Law And Role In Realizing Legal Certainty In Indonesian Religious Courts. Hasan Munthe; Adrian Seputro Ginting
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.v5i1.29193

This study aims to analyze the formulation process and reference sources of the Compilation of Islamic Law and its urgency in the development of Islamic civil law in Indonesia. The background of this study is based on the conditions before the birth of the Compilation of Islamic Law, which were characterized by the absence of uniform legal references in the religious courts, resulting in legal uncertainty due to differences in interpretation by judges who refer to various classical fiqh books. This study uses a normative juridical method with a historical and conceptual approach, through analysis of legal documents, fiqh literature, and jurisprudence practices. The results show that the Compilation of Islamic Law is a product of collective ijtihad formulated through systematic stages, including the study of fiqh books, interviews with scholars, jurisprudence analysis, and comparative studies with Muslim countries. The reference sources of the Compilation of Islamic Law include the Qur'an, Hadith, ijma', qiyas, and various fiqh books from different schools of thought, which are then contextualized with the social conditions of Indonesian society. The presence of the KHI (Compilation of Islamic Law) plays a significant role in achieving legal unification and certainty in religious courts, while also serving as a codification of Islamic law that adapts to the national legal system. Thus, the KHI serves not only as a normative guideline but also as a crucial instrument for harmonizing sharia values and positive law in Indonesia.

Social Norms and Legal Norms: A Comprehensive Study Of Their Differences, Functions, and Interrelationships in Society Wahida Ariyanti Nasution; Nurlila Lila Pratiwi
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.v8i2.29074

As social beings, humans can fulfill their own needs without interacting with others, so rules are needed to govern communal life. These rules are known as social norms, which are normative and motivating guidelines for behavior that create order and protect human interests. Social norms grow and develop along with the dynamics of community life and function as a means of social control to prevent conflicts of interest. According to Sudikno Mertokusumo, social norms consist of four types: religious norms, moral norms, politeness norms, and legal norms. Religious norms stem from belief in God and regulate human relationships with the Creator, others, and oneself. Moral norms originate from the human conscience, encouraging good behavior and eliciting regret when violated. Politeness norms arise from customs and traditions within society, aimed at maintaining social harmony. Meanwhile, legal norms are official rules established by the state with strict and enforceable sanctions. These four norms are interrelated and inseparable because together they create order and balance in social life.

Government Instruments Misdin Arifin HM; Setiawan Wijaya
AT-TAFAHUM: Journal of Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i2.29090

Government instruments are fundamental elements in the implementation of government functions based on the principle of the rule of law (rechtsstaat). In the practice of State Administrative Law, every action, decision, or policy taken by public authorities must be based on valid legal instruments. This is crucial to prevent abuse of authority (detournement de pouvoir) and arbitrary actions that have the potential to violate the constitutional rights of citizens. This paper is motivated by the need for a deep understanding of the transformation of government legal instruments in the increasingly complex modern era, especially in maintaining a balance between bureaucratic effectiveness and legal protection for the community. This research uses a normative juridical method by integrating a statute approach and a conceptual approach. The results of the study indicate that government instruments which include laws and regulations (regeling), state administrative decisions (beschikking), policy regulations (beleidsregel), discretion, and factual actions (feitelijke handelingen) have a strategic role in the dynamics of national law. These instruments function as legal means to guarantee legal certainty and provide protection mechanisms for citizens through means of objections and lawsuits. The proper arrangement of instruments is crucial for the realization of accountable, transparent governance, and in accordance with the General Principles of Good Governance (AAUPB). This study concludes that strengthening legal control over government instruments is an absolute prerequisite for preventing maladministration and strengthening the pillars of democracy.

Basic Principles and Basic Rules of Islamic Law Hasan Munthe; Febrianti Lingga
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.v7i2.29130

Islamic law is a legal system that originates from revelation and has unique characteristics. This research aims to examine the basic principles and rules of Islamic law as a basis for determining law. The method used is qualitative research with a normative approach through literature review. The research results show that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility. The principles of Islamic jurisprudence, such as al-umūr bi maqāṣidihā, al-ḍarar yuzāl, and al-mashaqqah tajlib al-taysīr, serve as a methodological framework in establishing law. Thus, these principles and rules are important in legal istinbāṭ so that it remains relevant and responsive to developments in society.

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Contact Name
-

Contact Email
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA