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The Essence of Islam: Conceptual Analysis between Aqidah, Sharia, and Morals Hidayah, Nur; Khoiriyah, Himmatul
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.v6i2.29126

Islam is a religion with comprehensive teachings that encompass all aspects of human life. The essence of Islam is not only understood as a belief system, but also as a guide to life that integrates three main aspects: aqidah, sharia, and morals. This study aims to conceptually analyze the relationship between these three aspects in forming a comprehensive understanding of Islam. The method used is a literature study with a descriptive-analytical approach to classical and contemporary sources. The results of the study indicate that aqidah is the main foundation in building a Muslim's faith, sharia functions as a rule that guides outward behavior, while morals are the manifestation of Islamic values in everyday life. These three aspects are interrelated and inseparable, as an imbalance between them can lead to a partial understanding of Islam. Therefore, a comprehensive understanding of the essence of Islam is crucial for creating individuals and societies that are faithful, devout, and have noble morals in accordance with the values of Islamic teachings.

Analysis Of Islamic Law On Bank Interest: Comparison Of The Concepts Of Usury And Modern Banking Siregar, Khairunnisa; Ardiansyah, Fitra
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.v5i2.29203

This study aims to analyze bank interest from a muamalah jurisprudence perspective by examining conceptual aspects, its application in the modern banking system, its comparison with usury, and the views of classical and contemporary Islamic scholars. The method used is normative legal research with a conceptual and analytical approach to Islamic legal sources and related literature. The results of the study indicate that bank interest in the conventional banking system functions as a return on deposits and a fee for loans, which are legally permissible. However, from a classical Islamic jurisprudence perspective, bank interest is viewed as identical to usury, which is prohibited because it contains additional elements without fair compensation. Meanwhile, contemporary Islamic scholars have more varied views, with some continuing to prohibit bank interest, while others permit it under certain conditions based on considerations of emergency and public interest. These differing views demonstrate the dynamics of ijtihad in responding to developments in the modern economic system. Therefore, a comprehensive understanding and development of the Islamic financial system as an alternative that aligns with Islamic principles is necessary.

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

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 Sihombing, Darwin Wibowo; Hadijah, Siti
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.v9i1.29070

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 Apanda, Epan; Hasibuan, Akmal Rifai
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.v7i1.29037

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 Purba, Guvo Deswarth; Rizqi, Muhammad Rahman
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.v6i1.29182

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. Munthe, Hasan; Ginting, Adrian Seputro
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.v5i1.29193

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 Nasution, Wahida Ariyanti; Pratiwi, Nurlila Lila
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.v8i2.29074

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29090

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 Munthe, Hasan; Lingga, Febrianti
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.v7i2.29130

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
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Contact Email
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA