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The Validity Of Inter-Religious Marriages: A Fiqh And Positive Law Perspective Manurung, Maria MT; Irham, M. Iqbal
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29040

The practice of interfaith marriage among Muslims in Indonesia is still prevalent in society. This phenomenon has given rise to various controversies and debates from religious, social, psychological, and legal perspectives. This paper will discuss the validity of interfaith marriage in Indonesia from the perspective of Islamic jurisprudence and positive law. The method used is normative legal research with library research as the data source. The data is then collected, processed, analyzed, and presented qualitatively. The results of the study conclude that Islamic jurisprudence scholars agree that marriage between a Muslim man and a non-Muslim polytheist woman is prohibited. This opinion refers to the verses of QS 2:221, QS 60:10, QS 5:5, and considerations of public interest. In the legal context in Indonesia, the Compilation of Islamic Law (KHI) regulates the prohibition of interfaith marriage. Meanwhile, the Marriage Law does not clearly regulate the permissibility of interfaith marriage, thus leaving room for differing legal interpretations in society. The Population Administration Law and several court rulings have opened the door to recognizing interfaith marriages, making them valid, registered, and recognized by the state. However, this development led to the birth of Supreme Court Circular Letter No. 2 of 2023, which prohibits courts from granting permits for registering interfaith marriages. Interfaith marriages not registered with an official institution have no legal status in the eyes of the state. Consequently, such marriages are not administratively recognized.

Qowa'idul Fiqi'ah: Implementation of Qowaid Fiqhiyah in Answering Contemporary Problems Harahap, Muhammad Rahim
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29175

This study examines the implementation of Islamic jurisprudence (qowaid) in addressing various contemporary problems emerging in modern society. As general principles in Islamic law, qowaid plays a crucial role in providing solutions to emerging issues not specifically addressed in the Qur'an and Hadith. The purpose of this study is to analyze the relevance and application of Islamic jurisprudence (qowaid) in addressing contemporary issues in the social, economic, technological, health, and modern muamalah (transactions). The research method used is qualitative research with a normative approach and library research. Data sources were obtained from fiqh books, qowaid books, scientific journals, and relevant Islamic legal literature. The analysis was conducted by examining several key principles, such as al-umuru bi maqashidiha (all matters depend on the goal), al-dhararu yuzal (harm must be eliminated), and al-masyaqqatu tajlibu al-taisir (difficulty brings about ease) in the context of contemporary issues. The research results show that the Islamic jurisprudence (qowaid) is of high quality and relevance in addressing the challenges of the times. The principles of Islamic jurisprudence can serve as the basis for ijtihad in establishing laws regarding various modern phenomena, such as digital transactions, the use of information technology, Islamic financial services, and even health and social issues. Thus, the application of Islamic jurisprudence (qowaid) not only maintains the existence of Islamic law but also demonstrates that Islamic law is dynamic, adaptive, and capable of providing benefits to human life in every era.

Law Enforcement Against Violence (Engenrichting) Safikoh, Aniksya Nabila; Arantika, Rida
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29177

Indonesia is one of the largest archipelagic countries in the world and a country based on the rule of law. This means that all aspects of life within the territory of the Republic of Indonesia must be based on law. This is in accordance with Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Therefore, everything, including vigilance operations, must be carried out in accordance with the provisions that have been made. Mob violence, also known as vigilantism (Engenrichting), is an arbitrary act carried out by individuals or groups who commit acts of violence or abuse against someone known to have committed an unlawful act without being handled through the existing legal process. Criminal prosecution of those who commit acts of violence and abuse is an unlawful act that must be handled according to existing laws and regulations. In fact, legal norms serve as guidelines for every individual to relate to the law in living in society and the nation. In reality, criminal prosecution related to vigilantism, including in Articles 170 and 351 of the Criminal Code, has not been reflected. Scientists have used normative legal research methods, namely by using data obtained from existing sources and data obtained directly as well as two additional data from the results of interviews with two legal experts. The results of the study are explained as follows: (a) Criminal prosecution of vigilantes who have met the criteria of Article 170 of the Criminal Code concerning violence or Article 351 of the Criminal Code concerning assault must be followed up with established legal provisions, in order to create criminal prosecution, legal certainty, and justice for the victims. (b) Vigilantes have an impact on the law no longer functioning as it is in Indonesia and are contrary to the theory of the rule of law. Taking action alone can have a negative impact on the victims, both those who suffer minor or serious injuries, physical disabilities, mental disabilities, and death. Therefore, to achieve law enforcement, it is necessary to strengthen the law that should be for everyone. So that they can understand the difference between their rights and obligations, and law enforcement agencies need to improve their skills in enforcing the existing law.

Integration of Islamic Inheritance and Customary Inheritance: A Study of the Mandailing Community in Tanjung Village Rambe, Dinda Suciana; Naslim, Naslim
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29060

Inheritance law is a part of civil law in Indonesia that regulates the transfer of rights and ownership of property from a deceased person to heirs entitled to receive it. Inheritance law plays an important role because death creates legal consequences regarding the distribution of assets left by the deceased. However, inheritance disputes frequently occur in society, particularly concerning inheritance distribution patterns and the determination of heirs’ rights. In Indonesia, inheritance distribution is regulated not only by the Compilation of Islamic Law but also by customary inheritance systems based on ethnic traditions and local cultural values, which often lead to differences in implementation. This study aims to analyze inheritance distribution practices and examine the interaction between Islamic inheritance law and ethnic customary law in resolving inheritance disputes. The research employs an empirical juridical method with a sociological approach to understand legal practices within society. Data were collected through observations and analysis of social phenomena related to inheritance disputes. The findings indicate that inheritance distribution is influenced by legal awareness, religious values, customary traditions, and family agreements. The coexistence of Islamic inheritance law and customary inheritance law reflects the dynamic nature of inheritance regulation in Indonesia. Therefore, harmonization between legal norms, religious principles, and customary values is necessary to minimize inheritance disputes and promote justice among heirs. This study is expected to contribute to the development of inheritance law and provide references for resolving inheritance disputes within Indonesia’s plural legal system.

Marriage of the same Surname In Mandailing Batak Traditions In Padang Sidimpuan City Rahmadani, Gema; Yulia, Yulia
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.v4i2.29245

Marriage within the same clan is prohibited in Batak tradition because individuals from the same clan are regarded as siblings who share a common ancestral lineage. In customary law, there are three marriage systems, namely exogamy, endogamy, and eleutrogamy. The Batak community adheres to an exogamous marriage system, which prohibits men and women from marrying individuals who belong to the same clan. Marriage within the same clan constitutes an important and interesting issue to examine because the Batak people consider such marriages as violations of customary values, social norms, and kinship structures that have been preserved for generations. Despite the existence of customary prohibitions and social sanctions, same-clan marriages continue to occur in contemporary society. For instance, in Padangsidimpuan City, several couples have entered into marriages within the same clan. This phenomenon indicates a shift in social values and raises questions regarding the effectiveness of customary sanctions, the influence of modernization, individual rights, religious perspectives, and changing patterns of social interaction in Batak society. Therefore, this study aims to analyze the factors underlying the occurrence of same-clan marriages, examine the customary sanctions imposed on such marriages, and explore the perspectives of the Batak community toward these practices. Furthermore, this research seeks to understand the dynamics between customary law and contemporary societal developments. The findings are expected to contribute to the development of customary law studies, particularly regarding the transformation of traditional values within modern Batak society and the sustainability of customary norms amid social change.

The Existence of Personal Data Protection in the Digital Era Based on Indonesia’s Electronic Information and Transactions Law Rahmadani, Gema; Zela, Yovani
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29107

The rapid development of digital technology has significantly increased the use of electronic media in everyday life, making personal data protection an important issue in Indonesia. Personal data contains confidential information that must be protected to ensure individual privacy and security. However, the increasing use of digital platforms has also contributed to a rise in cybercrimes, including data breaches, hacking, identity theft, and misuse of personal information. Therefore, legal protection of personal data is necessary to provide legal certainty and maintain public trust in electronic systems. This study aims to analyze the existence of personal data protection in the digital era through the implementation of Indonesian regulations, particularly the Electronic Information and Transactions Law (ITE Law). This research uses a normative juridical method with a statutory approach by examining laws and regulations related to personal data protection. Data sources consist of primary legal materials, including legislation, and secondary legal materials obtained from books and previous studies. The results show that the ITE Law provides legal protection for personal data through provisions regulating consent, confidentiality, electronic system management, and sanctions against unauthorized access or misuse of data. However, the implementation of personal data protection remains insufficient due to weak law enforcement and the increasing number of data leakage cases. Therefore, stronger supervision, improved cybersecurity systems, and increased public awareness regarding digital literacy are needed. Effective collaboration between the government, electronic system providers, and society is essential to strengthen personal data protection and ensure a secure digital environment in Indonesia.

Changes in Malay Traditional Law From A Sociological and Legal Anthropological Perspective Hidayah, Nur; Zela, Yovani
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.v4i2.29164

This study aims to analyze changes in Malay customary law from the perspectives of legal sociology and legal anthropology, and to identify the factors influencing these changes. Malay customary law, as living law, is a system of norms that grows and develops within society, regulating various aspects of life such as marriage, inheritance, and social relations. Over time, customary law has undergone transformation due to the influence of Islam, colonialism, modernization, and globalization. This study uses a deductive method with a normative approach based on a review of relevant literature and legal materials. The research results show that Malay customary law has undergone both normative and socio-cultural shifts. From a legal sociology perspective, these changes are influenced by the dynamics of social structures and the dominance of state law, often resulting in customary law being subordinate to positive law. Meanwhile, from a legal anthropology perspective, these changes occur due to transformations in values, lifestyles, and cultural interactions within the community. Nevertheless, Malay customary law remains a cultural identity that continues to adapt to the needs of modern society. Thus, changes in Malay customary law represent a form of adaptation to changing times, but also pose challenges in maintaining the continuity of traditional values. Therefore, synergistic efforts between the community, government, and customary institutions are needed to preserve the existence of customary law in national legal life.

Shipping Opinions Through Demostrations Which Cause Road Qadriah, Fauza; Syakilah, Putri
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i2.29167

Expressing opinions in public is an act that is permitted and legally protected by law. In general, everyone has the right to freedom of opinion, assembly, and expression as regulated in Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Furthermore, these rights are also regulated under Law Number 9 of 1998 concerning Freedom of Expression in Public and Law Number 2 of 2002 concerning the Indonesian National Police. Freedom of expression is a fundamental human right owned by every citizen and serves as an important element in the implementation of democracy in Indonesia. However, in practice, the exercise of expressing opinions through demonstrations often creates problems that may undermine democratic values themselves. Demonstrations occasionally develop into anarchic actions, including acts of violence, destruction of public facilities, disruption of public order, and traffic congestion that negatively affect surrounding communities. Such conditions may cause material and immaterial losses and create social unrest. This study aims to analyze the legal regulations governing demonstrations in Indonesia and examine law enforcement efforts against demonstrators who engage in anarchic behavior. The research uses a normative legal research method with statutory and conceptual approaches by analyzing relevant laws and legal literature. The findings indicate that although freedom of expression is constitutionally guaranteed, its implementation must remain within the limits established by law and respect public order, security, morality, and the rights of others. Therefore, effective law enforcement and increased public legal awareness are necessary to ensure that demonstrations remain peaceful, orderly, and consistent with democratic principles and the rule of law.

MONEY LAUNDERING CRIME Jalil, Abdullah
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i1.29035

Money laundering is a complex crime that exploits the financial system to disguise the origins of criminal assets. This study aims to analyze the law enforcement mechanisms for money laundering in Indonesia based on Law Number 8 of 2010. The main focus of the study is to review the strategic roles of the Financial Transaction Reports and Analysis Center (PPATK), the Police, and the Prosecutor's Office in the law enforcement chain. Using normative legal research methods, the study results indicate that the effectiveness of money laundering eradication depends on a follow-the-money approach. The PPATK functions as financial intelligence, the Police as the primary investigator, and the Prosecutor's Office as both prosecutor and asset executor. Synergy between these three institutions is crucial to ensuring maximum state asset recovery.

Brawling From the Perspective of Positive Criminal and Islamic Criminal Fesya, Aicha Azdina Adly; Damanik, Khaidar
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29076

Crime is an unlawful act that violates legal norms and may result in criminal sanctions, including violations of the human right to security as guaranteed by the 1945 Constitution of Indonesia. Criminal law functions to regulate prohibited acts and impose sanctions on perpetrators. From an Islamic perspective, the Qur’an emphasizes values of brotherhood, peace, justice, and prohibits conflicts or disputes without legitimate reasons. This study aims to analyze the resolution of brawls from the perspectives of positive law and Islamic law. The research employs a normative juridical method using a literature study approach by examining laws, regulations, legal doctrines, and Islamic legal sources related to juvenile delinquency and criminal acts involving brawls. The findings indicate that the handling of brawls, which generally involve children and adolescents, requires special protection in accordance with applicable laws and regulations. Such protection includes humane treatment, the provision of legal assistance, safeguarding children’s rights during legal proceedings, and avoiding excessive or severe punishment. In addition, restorative and preventive approaches are considered important in addressing juvenile involvement in brawls. The study also highlights that the effectiveness of resolving brawls is influenced by the role of law enforcement officers, family supervision, educational institutions, and public legal awareness. Therefore, collaboration among these parties is necessary to prevent and reduce the occurrence of brawls while promoting justice, protection, and social harmony.

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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