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Evidence Of Adultery According To Qanun Jinayah No. 6 Of 2014 And Syafi'iyah Fiqh Abdullah Abdullah
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This article aims to provide a comparison between the Aceh Qanun Jinayah and Shafi'iyah Jurisprudence, as implemented in Aceh. What are the provisions regarding evidence of adultery in Qanun No. 6 of 2014 and Shafi'iyah Jurisprudence, and what are the differences between the two? To obtain these answers, this research is a qualitative descriptive study using library research techniques (library research). All sourcesdata obtained from literature available in the library. The method used to analyze data is descriptive analysis and interpretation methods. The descriptive analysis method is a method used in writing by presenting the data obtained and the problems that arise to be analyzed according to the discussion. Meanwhile, the interpretation method is drawing conclusions from the author's own understanding of the opinions quoted from a reference. The results of this research are that the evidence of adultery contained in qanun jinayah no. 6 of 2014 is the result of a combination of schools of jurisprudence including Shafi'i jurisprudence. However, the qanun jinyah does not contain in detail the criteria that will be used as evidence of adultery, in contrast to the Syafi'i fiqh which explains it in detail. Then in qanun jinayah no. 6 of 2014 added that DNA test results are evidence of adultery for pregnant women and these results are not found in Syafi'i jurisprudence.

Response of Women Activists To the Implementation of the Mayor of Banda Aceh's Instructions NO. 2 of 2015 Manswab Mahsen Abdulrahman; Rafiqa Rafiqa
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Based on the theory of social construction, justice, Women in Development (WID) and Women and Development (WID). This paper tends to responses of women activists againts the mayor of Banda Aceh Instructions no 2 yers 2015. sources of data obtained through legal research are empirical. Through data analysis and discussion, research shows that (1) The results of responses of women activists in Banda Aceh contributed to broaden understanding of the gender perspective of Islamic sharia in Aceh is KKTGA organization, disagree with the imposition of hours of night work for women, because it obstructs women's profession, and the violence is not outside but at home. Aceh GeRAK organization disagrees with the reasons enough that rule does not need to be applied because of existing tradition. Different from the organization LKBHuWK even agrees with the premise of maintaining the dignity of women. According to KKTGA that Islamic syari'at is a gender perspective rather difficult to implement in Aceh for Acehnese understand the law only written in the Qanun. (2) This case, these three organizations to criticize the wisdom do not need to be restricted, the law sharply upwards and downwards blunt need evaluation, and must have their own consciousness. (3) Three of these organizations provide solutions including Islamic law should be firm, more attention to small communities and active in socializing any regulations made.

Role And Impact Of Empowerment Programand Family Welfare Towards The Economic Welfare Of Residents Of Sei Kera Hilir II Village Medan City Ahmad Nizar Mohammad Syamwil; Muhammad Anshar
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study examines the concept of empowerment in Islam, welfare from an Islamic perspective, and the role of the Family Welfare Empowerment Movement (PKK) in improving the economic welfare of residents in Sei Kera Hilir II Subdistrict, Medan. The concept of empowerment in Islam emphasizes efforts to strengthen individual and community capacities through independence, productivity, and social responsibility. Islamic teachings encourage empowerment by developing human potential, providing opportunities for self-reliance, and fostering cooperation in achieving social welfare. Welfare in Islam is understood as a holistic condition that includes material, spiritual, and social fulfillment, both in this world and the hereafter. The findings indicate that the PKK has played an important role in community empowerment through various programs, including skills training, entrepreneurship development, health promotion, educational support, environmental sustainability, and family welfare improvement. Several successful empowerment initiatives have enabled residents to develop home industries, handicraft businesses, food processing enterprises, and other income generating activities that contribute to family economic resilience. Furthermore, PKK activities have enhanced community participation, strengthened social solidarity, and improved awareness of health, education, and environmental management.

Implementation of Zakat in Chili Agriculture From The Perspective of Yusuf Al-Qardhawi: A Case Study Lima Puluh District, Batu Bara Regency Asroful Anwar
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

This study examines the implementation of agricultural zakat on chili farming in Lubuk Cuik, Bulan-Bulan, and Titi Merah Villages, Batu Bara Regency, and analyzes its conformity with the zakat theory proposed by Yusuf Al-Qardhawi. The research employed a qualitative approach through field research and interviews with farmers, religious leaders, and community members. The findings reveal that community understanding of chili agricultural zakat remains diverse. Some respondents consider chili crops subject to agricultural zakat because they have economic value and generate income, while others argue that chili is not included among staple food commodities and therefore is not subject to agricultural zakat. The study found several practices consistent with Yusuf Al-Qardhawi’s opinion, particularly regarding the obligation to pay zakat on agricultural products with economic value and the deduction of production costs before calculating zakat. However, significant discrepancies were also identified. Most farmers do not consider the nisab requirement, apply a zakat rate of 2.5% instead of the prescribed 5% or 10%, and in some villages calculate zakat based on gross income rather than net income after deducting production costs. Furthermore, zakat distribution is generally conducted directly by farmers to needy individuals, while institutional zakat management remains limited due to insufficient public awareness and trust in formal zakat institutions. The study concludes that the implementation of chili agricultural zakat in the research area has not fully conformed to Yusuf Al-Qardhawi’s perspective, primarily due to limited public understanding of zakat regulations, nisab requirements, and calculation methods.

The Role Of Laz As A Zakat Manager In Productive Zakat Use: Case Study Of Rumah Zakat Medan Sri Wahyuni
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Productive utilization of zakat by the Zakat Collection Institution (LAZ) will bring in benefit for The establishment of Islamic principles and the enhancement of the socio-economic resources of the Muslim community in Indonesia. The productive utilization of ZIS is in line with Islamic principles that aim to achieve the welfare of the community. Moreover, this has been regulated (legislated) by the government. Rumah Zakat is one of the Zakat Collection Institutions (LAZ) that has obtained a permit and is in accordance with Article 18 of Law Number 23 of 2011 concerning Zakat Management. This institution has attempted to distribute zakat in a non-consumptive manner, namely by giving it directly to eight asnaf without being utilized so that the zakat is used up and there is nothing left. This zakat house has tried to distribute zakat in a productive way, including by providing zakat in the form of capital loans in the form of independent community businesses in the form of charity loans. The utilization of productive zakat carried out by the zakat house motivated the author to conduct more intensive research to see how the law of productive zakat, whether providing capital for independent businesses from zakat assets to mustahik is justified in sharia, whether in the utilization of productive zakat there are obstacles faced by the zakat house.

The Effectiveness of the Implementation of Local Regulations on Muslim Women's Clothing In Encouraging Implementation of Islamic Teachings: A Case Study At State Senior High School 5 In Padangsidimpuan City Mhd. Nur Husein Daulay
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

The effectiveness of implementing regional regulations on Muslim clothing for men and women in encouraging. The implementation of Islamic teachings (Case Study at State Senior High School 5 in Padangsidimpuan City) is a study of regional autonomy or decentralization starting from the division of authority from the central government to regional governments. This regional regulation is a response to the real conditions related to the decline in morality and ethics of students, especially in senior high schools. This study describes the problem in detail. comprehensive, holistic, integrative, as a characteristic of qualitative research. Research is focused on understanding the effectiveness of implementing the use of Muslim clothing for men and women using a public policy approach as a tool for analyzing policy. The focus of this policy's target audience is: school students and educational units as implementers and supervisors of the policy. (2) The outline of the Padangsidimpuan city government's policy formulation regarding the use of Muslim clothing for men and women cannot be separated from key actors (key actors) involvement stakeholders and cross-party advocacy in the policy-making process and mechanisms implementation. (3) The implementation of the policy is running well.

Marriage Confirmation: Secret Marriage And Division Of Joint Assets Muhammad Adami
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

One of the consequences of divorce from a sirri marriage or underhand marriage is related to the wife's share of the joint property. This is because in a sirri marriage or underhand marriage there are no provisions regarding the division of joint property. Provisions regarding the division of joint property are only regulated in registered marriages as stipulated in the Compilation of Islamic Law, Article 7, number 3 letter (a), that marriage confirmation provides a way for the interests of husbands and wives who have had a sirri or underhand marriage to be registered under state law. From an empirical legal perspective, the 120 people who participated in the marriage confirmation hearing on April 21, 2017, which was first held in Hamparan Perak sub-district, Deli Serdang, are proof that the community believes that marriage confirmation is the best solution.

PROBLEMATIKA PELAKSANAAN PERKAWINAN DI BAWAH UMUR DI KANTOR URUSAN AGAMA SE-KECAMATAN KOTA BINJAI: Analisis Undang-Undang No. 1 Tahun 1974 tentang Perkawinan dan Hukum Islam Dede Hafirman Said
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 1 (2017)
Publisher : UIN SU

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Abstrak: Penelitian ini bertujuan untuk mengetahui sistem pelaksanaan perkawinan anak dibawah umur dipandang dari segi Hukum Islam dan Undang- Undang No. 1 tahun 1974, serta akibat hukumnya. Penelitian ini menggunakan teori Maqasid Al-Syariah yaitu tujuan- tujuan dan rahasia- rahasia yang diletakkan Allah dan terkandung dalam setiap hukum untuk keperluan dan keperluan pemenuhan umat. Dari penelitian yang dilakukan ada dua hal terkait dalam penelitian ini. Pertama, deskripsi mengenai pernikahan di bawah umur di kota Binjai dan faktor- faktor penyebabnya. Hasilnya pernikahan dibawah umur atas izin orang tua di se- kecamatan Kota Binjai laki- laki berjumlah 33 orang, perempuan berjumlah 233 orang pada tahun 2016. Dan perkawinan atas izin pengadilan laki- laki 1 ( satu ) orang, perempuan 1 ( satu ) orang.Kedua, sejauhmana efektifitas peranan KUA terkait dengan usahanya menanggulangi dan melaksanakan pernikahan dibawah umur di Kota Binjai, mencegah adanya pernikahan di bawah umur dengan memalsukan administrasi dan juga pencatatan nikah. Hasilnya KUA se-kecamatan kota Binjai dalam hal ini penghulu telah mengadakan sosialisasi mengenai pentingnya menikah sesuai umur yang telah ditentukan Undang- undang saat sebelum akad nikah (khutbah nikah) menikah dibawah umur di se-kecamatan Kota Binjai. Simpulannya adalah Undang-undang No. 1 tahun 1974 dan Hukum Islam bahwa perkawinan dibawah umur bisa dilaksanakan asalkan sesuai dengan syarat dan prosedure yang telah berlaku.Kata Kunci: perkawinan, anak di bawah umur, hukum Islam, KUA

Abortion Reviewed From Islamic Law and Positive Law in Indonesia: Government Regulation No. 61 of 2014 about Reproductive Health Mulkan Nasution; Pagar Pagar; Ansari Yamamah
AT-TAFAHUM: Journal of Islamic Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

In mid-2014, the Indonesian government, through the Ministry of Health of the Republic of Indonesia, issued Government Regulation No. 61 of 2014 concerning Reproductive Health as a derivative regulation/mandate of Law No. 36 of 2009 concerning Health. This regulation contains nine articles governing abortion, which was previously a criminal offense regulated in the Criminal Code with a maximum penalty of fifteen years. In this regulation, the government provides exceptions for abortion based on two reasons: 1). Due to indications of medical emergency, and 2). Due to pregnancy resulting from rape, and can be performed if the gestational age is no more than forty days calculated from the first day of the last menstrual period. In Islamic law, abortion without old ageis a prohibited act. Scholars have agreed that abortion is prohibited if the fetus is one hundred and twenty days old and the soul has been breathed into it. This is based on a hadith narrated by Bukhari and Muslim which states that after the fertilization phase, mugah(120 days), an angel was sent to her and the soul was breathed into her. Regarding the permissibility of abortion before the gestational age of one hundred and twenty days, scholars have different opinions, Imam al-Ghazali and Imam al-Dusuqi prohibit abortion when the male sperm and the female ovum have mixed in the uterus, while Ibn 'Abidin permits abortion until the fetus is one hundred and twenty days old and the soul has been breathed into it. The middle opinion between the two groups is Ibn Rajab who permits abortion with a time limit of up to forty days of fetal age. This research is a descriptive normative juridical research with a comparative legal research approach that uses qualitative research methods. The tools and techniques for data collection are carried out by tracing laws and other legal sources from the legal system that are considered relevant to the main issue at hand

CORAK MAZHAB PADA FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA (Analisis Tentang Mudharabah, Musyarakah Dan Murabahah) Ahmad Qorib , Ardiansyah, Acme Admira Arafah,
AT-TAFAHUM: Journal of Islamic Law Vol 2, No 1 (2018)
Publisher : UIN SU

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There are different types of mazhab adopted in the Fatwa of DSN-MUI related to musharaka, mudaraba and murabaha,. In the fatwa of the DSN-MUI on Musharaka, both in terms material content and applicative,Â if examined substantially, it tends more to Hanafiâs madhhab. However, DSN-MUI fatwas about Mudharabah were different, the DSN-MUI fatwa is mostly to take and agreed on legal basis Syafii as its fatwa. While the DSN-MUI fatwa on Murabaha, the legal basis and the determination substance of the fatwa material, more relies on the same proportion as the four madhhab known so far.Â Thus, in giving the DSN fatwa to be implemented in Indonesia, the Indonesian Council of Ulamaâs had to refer to the various madhhab. Although there are several provisions that are adapted to the conditions of the times, still fatwas do not violate the general rules that have been submitted by the first madhhab.

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Location Kota medan, Sumatera utara INDONESIA

Abstract

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Abstract

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Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA