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AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
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Core Subject : Humanities, Art,
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Articles 79 Documents
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PARTICIPATION IN ISLAMIC CRIMINAL LAW: PRINCIPLES OF LAW AND JUSTICE Marpaung, Zaid Alfauza
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Abstract

This research aims to analyze the mechanism of inclusion in Islamic Criminal Law, with a focus on historical and contemporary aspects. Islamic Criminal Law has unique characteristics that differentiate it from other legal systems, especially in terms of implementing sanctions and justice. In this context, participation in criminal acts is divided into direct and indirect involvement, each of which has different legal consequences. Apart from that, this research also highlights the relevance of the principles of justice in Islamic Criminal Law in the modern era, as well as the challenges faced in their implementation. Thus, it is hoped that this research can contribute to the development of a more just and civili ed Islamic Criminal Law.
APPLICATION OF FIQH PROPOSALS TO THE DETERMINATION OF THE LINEAGE OF CHILDREN BORN OUT OF WEDLOCK Rahmadani, Gema
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Application of The application of usul fiqh to the determination of the nasab of children born from out-of-wedlock pregnant marriages is a complex issue and often becomes a matter of debate among the circles. is a complex issue and is often debated among scholars and society. scholars and society. This research aims to explore the relevant principles of usul fiqh and their implications in determining the child's children's nasab in the context of Islamic law. The methods used include a qualitative approach qualitative approach through in-depth interviews, literature study, case analysis, and participatory observation. participatory observation. The results show that there are different views among scholars regarding the recognition of children's nasab, with some arguing that nasab is only valid in legally recognized marriages. arguing that nasab is only valid in a legally recognized marriage. However, there are also contemporary views that support the protection of children's rights and the recognition of nasab based on evidence or However, there are also contemporary views that support the protection of children's rights and the recognition of nasab based on evidence or recognition from the father. Research This study recommends the need for a more adaptive reinterpretation of the law to accommodate the interests of children, as well as accommodate the interests of children, as well as community education efforts to reduce social stigma. social stigma. The findings are expected to contribute to development of Islamic law that is more humanist and responsive to current social needs. social needs of today.
MARRIAGE CUSTOMS OF THE MUARASIPONGI BORDER COMMUNITY: AN ISLAMIC LEGAL SOCIOLOGY APPROACH Aminuddin, Aminuddin
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Abstract

This research is about the cultural customs of marriage in the border communities of Muarasipongi, North Sumatra and West Sumatra provinces from the perspective of the sociology of Islamic law, the order of customary law in Indonesia which is the main problem in marriage which is captured from the perspective of the sociology of Islamic law with cultural diversity that is aligned with the pattern of life in society and the difference in the form of customary marriage law due to the difference in kinship system or system descendants embraced by each customary law community in Indonesia. Law is essentially in a customary law society where a social system arises that is studied using sociological approaches to Islamic law, so a neutral picture is obtained. Identification of problems that may occur in the process of meeting customary and cultural law with Islamic law is captured from the sociological side of Islamic law, without prejudice, the most important thing is that the law truly fulfills the sense of justice of the community and its citizens. The type of research used is normative juridical, which is to provide the most complete overview of cultural customary law norms from the perspective of legal sociology. The method applied is empirical juridical, because from a juridical point of view, this study examines customary law regulations which are used as a basis for resolving legal problems based on custom. The results of the study show that in the Muarasipongi border community, there are various variations of marriage cultural customs chosen by both parties by agreement. For example, the Orang ulu Muarasipogi use the sumondo marriage system, while the Mandailing people use the manjujur marriage system. Many factors affect the process of choosing this marriage custom. Because the difference in the cultural customs of this marriage is first decided between the families of both parties and the local traditional elders, so that it does not cause conflict
ANALYSIS OF MUKHĀBARAH PRACTICES IN THE TUMPANG SARI SYSTEM IN ASAHAN REGENCY FROM THE PERSPECTIVE OF THE SHAFI'I SCHOOL OF THOUGHT Sahliah, Sahliah
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Abstract

intercropping is a popular farming method in agrarian societies, where two or more types of crops are planted together or alternately. This system supports agricultural intensification, which is to increase yields by optimizing existing land. Intercropping should not be a problem if it is done on legal land with permits and profit-sharing agreements. However, Asahan Regency often does not comply with the rules of the Shafi'i madhhab. In fact, the residents are residents of the Shafi'i madhhab. However, they do not apply Fiqh Shafi'i. Residents asked permission from the land ranger without the knowledge of the owner who lives in the city and rarely visits. This permit is given without a contract, agreement, and without a clear profit-sharing agreement, which is the main problem. This study aims to examine the practice of mukhabarah contracts on intercropping according to madhhab Shafi'i in Asahan Regency, understand the views of the community, and analyze their legal position. This study uses an empirical juridical method with data collection through document studies, observations, interviews, and secondary data. From this, 3 research conclusions were found, namely first, the practice of intercropping in Asahan Regency is not in accordance with the Shafi'i madhhab because permits are only given to land guards orally, without documentation, and without a clear profit-sharing agreement. Second, the community considers intercropping cooperation normal even though it often violates the rules due to land limitations. Third, the mukhabarah contract in Asahan Regency is not in accordance with the provisions of the Syafi'iyah ulama because it is made without involving the land owner and without a clear agreement on the time of use, the distribution of revenue, and the provision of capital
STRATEGIC STUDY OF INFRASTRUCTURE DEVELOPMENT ON THE ECONOMY OF MICRO, SMALL, AND MEDIUM ENTERPRISES IN TEBING TINGGI CITY FROM AN ISLAMIC LAW PERSPECTIVE Tarigan, Tetty Marlina; Rizal, M.
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Abstract

Economic improvement is a method or process with various efforts to make humans have power and strength as a continuous process to build their living abilities. The development of better infrastructure such as internal communications is an example of the importance of coordination for development, including decentralizing the role and authority of developing a joint framework. The aim of this research is to determine the strategic impact of infrastructure development on the economic level of the Micro, Small and Medium Enterprises community in Tebing Tinggi city from an Islamic legal perspective. This research method is qualitative research, namely research that uses both deductive and inductive inference processes as well as analytical analysis of the dynamics of relationships between analytical and analytical methods which are researched using scientific logic. The introduction of qualitative research is mainly based on carrying out the research process through formal analytical thinking principles. The results of the research are that the availability of infrastructure is one of the factors driving regional productivity. Economic growth in the city of Tebing Tinggi has not been inclusive. Infrastructure development in the city of Tebing Tinggi encourages economic growth, road infrastructure increases access to employment opportunities and more equal distribution of income.
THE SIMALUNGUN CUSTOMARY INHERITANCE SYSTEM (CASE STUDY OF RAMBUNG MERAH VILLAGE, SIMALUNGUN REGENCY) Nasution, Muhammad Iqbal Hanafi; Zikri, Muhammad
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This study aims to examine the existence of Simalungun customary inheritance law in Rambung Merah Village within the context of Indonesia’s legal pluralism. The research method used is field research with a qualitative phenomenological and socio-empirical approach, focusing on the meaning, perceptions, and practices of the community regarding the customary inheritance system. The results show that the Simalungun customary inheritance law, which was previously normative and binding, has now transformed to become more flexible and consensus-based. This change is driven by community awareness of justice values, especially gender justice, and the development of religious moderation. The Muslim community in Rambung Merah tends to leave the customary system due to its discriminatory nature against women, instead referring to Islamic inheritance law. Meanwhile, the Christian community still allows customary inheritance if implemented through deliberation among heirs. The discussion indicates that Indonesia’s legal pluralism encourages adaptation and compromise models in applying customary inheritance law, making it relevant and in line with social developments and religious values. Thus, Simalungun customary inheritance law has not disappeared but transformed into a conditional alternative that prioritizes substantive justice and family harmony in a multicultural society..
Sistem Kewarisan Adat Simalungun (Studi Kasus Desa Rambung Merah, Kabupaten Simalungun) Nasution, Muhammad Iqbal Hanafi; Zikri, Muhammad; Wiranto, Wiranto
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Penelitian ini bertujuan untuk mengkaji eksistensi hukum waris adat Simalungun di Desa Rambung Merah dalam konteks pluralisme hukum nasional Indonesia. Metode yang digunakan adalah penelitian lapangan (field research) dengan pendekatan kualitatif fenomenologis dan empiris-sosiologis, yang memfokuskan pada makna, persepsi, dan praktik masyarakat mengenai sistem kewarisan adat. Hasil penelitian menunjukkan bahwa hukum waris adat Simalungun, yang semula bersifat normatif dan mengikat, kini mengalami transformasi menjadi lebih fleksibel dan berbasis kesepakatan. Faktor pendorong perubahan ini adalah kesadaran masyarakat terhadap nilai keadilan, khususnya keadilan gender, serta berkembangnya moderasi beragama. Masyarakat Muslim di Desa Rambung Merah cenderung meninggalkan sistem waris adat karena dianggap diskriminatif terhadap perempuan, dan memilih hukum waris Islam sebagai acuan. Sementara masyarakat Kristen masih membuka peluang penggunaan hukum waris adat, asalkan dilaksanakan melalui musyawarah seluruh ahli waris. Diskusi menunjukkan bahwa pluralisme hukum di Indonesia mendorong munculnya model adaptasi dan kompromi dalam pelaksanaan hukum waris adat, sehingga tetap relevan dan selaras dengan perkembangan sosial serta nilai-nilai agama. Dengan demikian, hukum waris adat Simalungun tidak hilang, tetapi bertransformasi menjadi alternatif kondisional yang mengutamakan keadilan substantif dan harmoni keluarga di tengah masyarakat multikultural.
THE LAW OF BORROWED GOODS (ARIYAH) ACCORDING TO SCHOLARS ACROSS SCHOOLS OF THOUGHT Susandi, Aidil
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This research aims to examine the Islamic legal perspective on ariyah (loan of goods) across different schools of thought. The urgency of this study lies in the need to understand the legal foundations of social cooperation, particularly regarding the often-practiced yet underexplored issue of lending items among individuals. The research employs a qualitative, descriptive-analytical method, analyzing primary hadith sources and scholarly opinions from various Islamic legal schools concerning the rules, types, pillars, and liabilities of ariyah. The findings indicate that ariyah is a permissible social contract in Islam, but its legal implications vary across schools, especially concerning the return of borrowed items and responsibility for potential damage
APPLICATION OF USHUL FIQH TO MARRIAGE AND DIVORCE AGREEMENTS VIA TELEPHONE Hasanah, Uswatun; yuslem, Nawir; Khairi, Nispul
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Abstract

The phenomenon of carrying out marriage contracts and divorces via telephone has raised debate among Muslim scholars and intellectuals regarding its legal validity according to Islamic law. This issue has become increasingly relevant in the era of globalization and the COVID-19 pandemic which limits physical meetings, thus requiring in-depth study through the perspective of ushul fiqh to provide comprehensive legal clarity. This study aims to analyze the validity of marriage contracts and divorces carried out via telephone based on the rules of ushul fiqh, identify the conditions that must be met in their implementation, and formulate practical guidelines for Muslims in dealing with situations that require the implementation of these contracts via long-distance communication media. The research method used is qualitative research with a normative legal approach, using descriptive-comparative analysis techniques. Primary data were obtained from the Qur'an, Hadith, and the opinions of classical and contemporary scholars, while secondary data came from fiqh literature, ushul fiqh, and relevant previous research. The analysis was carried out using ushul fiqh rules such as qiyas, istihsan, istislah and Sad Ad-Dzariah. The results of the study indicate that the application of ushul fiqh to marriage contracts and divorce via telephone can be considered valid on the condition that the pillars and requirements of marriage that have been determined by sharia are fulfilled, including the clarity of the identities of the parties, the presence of witnesses who can hear clearly, and the certainty that the ijab qabul really comes from the parties concerned. Divorce via telephone has a more complex level of validity, where its validity is highly dependent on the clarity of the wording, the full awareness of the husband, and the verifiability of the identity of the person pronouncing the divorce. The application of the maslahah and dharurah (emergency conditions) rules provides flexibility in special situations that require the implementation of the contract via telephone.
CONTEMPORARY ISLAMIC LEGAL ISSUES IN SOCIOLOGICAL ANTHROPOLOGY STUDIES Aminuddin, Aminuddin
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This study aims to examine contemporary Islamic legal issues through sociological and anthropological perspectives, focusing on socio-cultural dynamics that affect the understanding, application, and transformation of Islamic law in modern society. Islamic law, like other legal systems, underwent reform as part of its adaptation to the development of society. The reform of Islamic law is also influenced by contemporary issues, such as: technology, the development of knowledge, and the development of international law. In general, reform in Islamic law refers to two major methods, namely intra-doctrinal reform and extra-doctrinal reform. The research method used is normative juridical, while the primary data comes from a literature study of related legal materials. The results of the study show several Contemporary Issues of Socio-Anthropological Islamic Law, including women's iddah in the modern era, the fate of children born out of marriage, interfaith marriages and women as leaders. This research contributes to a broader understanding of the relationship between Islamic law, social structure, and culture, and offers a theoretical framework for the development of Islamic law in a contemporary context..

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