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FORMER CONVICTS RUNNING FOR LEGISLATIVE OFFICE: A REVIEW FROM THE PERSPECTIVE OF FIQH SIYASAH AND SUPREME COURT DECISION NO. 46 P/HUM/2018 sahliah, sahliah
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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The requirements for the candidacy of former prisoners as legislative members are regulated in Article 240 paragraph 1 of Law Number 7 of 2017 concerning General Elections. This article stipulates that former inmates who have served five years or more can run for office, provided that they announce to the public the legal case that has ensnared them. The research entitled Former Prisoners in the Candidacy of Legislative Members is Reviewed from the Perspective of Fiqh Siyasah and the Supreme Court Decision No. 46 P/Hum/2018 using normative research methods involving a statute approach, conceptual approach, and case study approach. Based on the results of the research, former corruption convicts feel disadvantaged and their rights are limited by the implementation of KPU Regulation Number 20 of 2018 which was ratified by the KPU together with the Minister of Law and Human Rights. Therefore, a number of parties submitted a material review to the Supreme Court to cancel the regulation. The Supreme Court in its decision stated that KPU Regulation Number 20 of 2018 is contrary to Law Number 7 of 2017 which has a higher legal standing, as stipulated in the Supreme Court Decision No. 46 P/HUM/2018.

ISLAM AND DEMOCRACY: THE POLITICAL THOUGHT OF B.J. HABIBIE Rahmadani, Gema
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Research This study examines B.J. Habibie's political thought regarding the relationship between Islam and democracy, focusing on how the two can strengthen each other in the Indonesian context. Indonesian context. Using a literature study approach and qualitative analysis approach and qualitative analysis, this research explores Habibie's argument that principles of principles of democracy, such as social justice, deliberation, and freedom of speech, are in line with Islamic teachings. In addition, it identifies challenges faced in the integration of these values, including radicalization and identity politics. Through text analysis and interviews with experts, this research shows that Habibie's thought offers an optimistic an optimistic perspective regarding the implementation of democracy in a country with a large Muslim population. Muslim population. The findings show that education and interfaith dialog are key are key in overcoming challenges and realizing harmony between Islam and democracy. and democracy. This research is expected to contribute to a deeper understanding of the potential synergies between religious values and democratic practices, as well as their relevance to political development in and democratic practices, and their relevance for political development in Indonesia. Indonesia

TA'ZIR AGAINST HUMAN SELF-EXPLOITATION BEHAVIOR SILVER, ANALYSIS FROM THE PERSPECTIVE OF MAQASHID SYARI'A Mardiyah, Daiyatul; Azizah, Noor
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Silver humans, individuals who paint their entire bodies with metallic paint and appear in public spaces to beg, have become a common sight in various major cities in Indonesia. This practice not only poses health risks due to exposure to hazardous chemicals, but also raises social and legal issues. According to Article 504 of the Criminal Code, begging in public places is a criminal offense punishable by imprisonment. However, the positive legal approach focuses more on punishment than rehabilitation. This study aims to analyze the behavior of silver human exploitation from the perspective of Islamic criminal law with a focus on ta'zir sanctions and the principles of maqashid syari'ah. The research method used is a normative approach with qualitative analysis of fiqh literature, maqashid syari'ah, and relevant laws and regulations. The results of the study found that the behavior of silver human exploitation is contrary to the five main objectives of sharia: protecting religion (hifz al-din), life (hijz al-nafs), reason (hifz al-'aql), offspring (hifz al-nasl), and property (hifz al-mal). Therefore, imposing ta'zir sanctions that are educational and rehabilitative in nature is more appropriate for creating public interest than simply imposing imprisonment as stipulated in the Criminal Code. This study emphasizes the importance of synergy between positive law and Islamic criminal law in formulating policies that protect perpetrators while maintaining public order.

INTEGRATION OF DIGITAL TECHNOLOGY IN THE INHERITANCE DISTRIBUTION SYSTEM BASED ON FARAIDH LAW Anggraini, Anggi Egi
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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The development of digital technology offers new opportunities in resolving the challenges of inheritance distribution under faraidh, which has long been considered complex and prone to calculation errors. The main challenges include the diversity of heirs’ conditions, differences in interpretation among Islamic schools of thought, integration with national legal systems, and the protection of sensitive family data. On the other hand, the opportunities presented are efficiency, accuracy, transparency, and the educational function of helping society better understand inheritance distribution in accordance with Islamic law. This study aims to analyze how technology can assist in addressing inheritance distribution issues, particularly through the use of digital applications designed to automatically calculate heirs’ shares.The research employs a qualitative approach with a descriptive-analytical method. Data were obtained through literature studies on Islamic inheritance law, academic publications in information technology, and direct analysis of inheritance distribution applications. The research materials consist of digital inheritance calculators such as Hitung Waris and In Waris, which are used as samples to evaluate the effectiveness, strengths, and weaknesses of each application in practice. The analysis compares the applications’ calculation results with the requirements of faraidh law and examines the extent to which these applications meet societal needs. The findings are expected to provide a comprehensive overview of the contribution of technology in supporting the implementation of faraidh, while also highlighting the limitations that need improvement so that such applications can be more optimally utilized in the future.

A REVIEW OF ISLAMIC CRIMINAL LAW ON SANCTIONS FOR CHILD RAPE PERPETRATORS ANALYSIS OF LAW NO. 12 OF 2022 ON CRIMES OF SEXUAL VIOLENCE Kinaryosi, Regi
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This study discusses the differences in the application of criminal sanctions against perpetrators of consensual sexual relations with children from the perspective of Islamic criminal law and positive law. The focus of the study is on analyzing the verdict in the case of Reza Pratama, who was sentenced to two years in prison under Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS). In positive law, children are always positioned as victims who cannot be held criminally responsible, even if the act was committed voluntarily. Conversely, Islamic criminal law views sexual relations outside of marriage, whether forced or consensual, as adultery, which is punishable for both parties involved, with the type of punishment determined based on the marital status of the perpetrator. The research method used was normative research with a statute approach and a comparative approach. The results of the study show that there are fundamental differences between the two legal systems. Positive law focuses on the protection of children as a vulnerable group, while Islamic criminal law emphasizes the application of sanctions against all parties who commit adultery without considering age as a determining factor in the status of the victim. This difference reflects the different legal philosophies underlying each system, namely the protection of children's rights in Indonesian positive law and the enforcement of Sharia law in Islamic criminal law

A Review of Maqashid Shariah on the Use of Artificial Intelligence in Detecting the Causes of Divorce Through Social Media Wani, Wani
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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The development of digital technology, particularly Artificial Intelligence (AI), has brought significant changes across various fields, including family law. Al has the capability to analyze social media data to detect potential risks of divorce. This study employs a qualitative method with a normative approach through literature review, drawing on both classical and contemporary Islamic legal sources, as well as an analysis of the ethical dimensions of technology use. The aim of this article is to examine such utilization from the perspective of maqasid al-shariah. The study explores relevant principles of Islamic law concerning divorce and the preservation of family welfare in an increasingly digital era. The findings indicate that, from a technical standpoint, Al can assist in identifying patterns of interaction that may signal marital breakdown, such as frequent conflicts, negative communication, or signs of infidelity on social media. However, from the perspective of maqaşid al-shari'ah, the use of this technology must uphold the principles of justice, confidentiality, and the avoidance of greater harm, particularly in safeguarding honor (hifz al-ird) and the privacy of family life. Thus, Al may serve as a tool to help preserve family unity, but its implementation must be regulated within an ethical and sharlah-compliant framework to ensure alignment with maqaşid al-shariah. This study further recommends regulatory reform to accommodate digitai transformation while maintaining the foundational principles of family law.

The Role of AI in Delaying Divorce Leading to Infidelity: Perspectives from Islamic Law and Family Psychology Nasution, Zainul Aziz
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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Divorce delay often generates negative impacts, including infidelity. This article examines the role of Artificial Intelligence (AI) in detecting social risks resulting from delayed divorce that leads to a wife’s infidelity, viewed from the perspectives of Islamic law and family psychology. This study employs a qualitative method through literature review of Islamic law, family psychology, and AI technology. The findings indicate that AI functions as an early detection tool for signs of conflict, emotional dissatisfaction, and the risk of infidelity. From the standpoint of Islamic law, postponing divorce that results in adultery or infidelity constitutes a harm (mafsadah) that must be avoided. From a psychological perspective, prolonged delays may cause chronic stress, unmet emotional needs, and trauma in children. Therefore, AI can serve as a supportive instrument for making decisions that are more just and beneficial (maslahah).

ARTIFICIAL INTELLIGENCE IN DETECTING DIVORCE RISK THROUGH SOCIAL MEDIA DATA: ETHICAL ANALYSIS AND FIQH PERSPECTIVES Harahap, Hasbiah Tunnaim
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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The advancement of Artificial Intelligence (AI) has created new opportunities for large-scale data analysis, including data derived from social media. One of its emerging applications is the use of AI to identify potential divorce risks through couples’ digital interaction patterns. This study aims to examine the role of AI in detecting divorce risks based on social media data, while also considering digital ethics and Islamic jurisprudence perspectives. The research employs a qualitative, multidisciplinary approach involving literature review, normative analysis, and Islamic legal studies. The findings suggest that AI can make a positive contribution to divorce prevention efforts and the formulation of social policies. Nevertheless, several ethical challenges must be addressed, including issues of privacy, potential data misuse, and violations of individual rights. From the standpoint of Islamic jurisprudence, the application of this technology must align with key principles of Sharia, such as the prohibition of tajassus (spying), the protection of honor and dignity (ḥifẓ al-‘irḍ), and the pursuit of public benefit (maṣlaḥah). Therefore, integrating AI into socio-religious issues requires a clear ethical and legal framework to ensure conformity with Islamic values and applicable legal norms.

Ahmad Ibrahim and the Islamization of law in Malaysia amir, ahmad nabil
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

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This article aims to explore the work and contribution of Ahmad Ibrahim (1916-1999) in his effort to Islamize law in Malaysia. It discusses in depth his method to apply Islamic law as set forth in his works and the consistent effort in striving to espouse and bring about harmonization of Islamic and civil law of the British colonies. The study is based on qualitative method using primary and secondary sources. The data was systematically analyzed in a descriptive, historical and comparative manner. The finding shows that Ahmad Ibrahim has bring about unprecedented reform in the administration of Islamic law in Malaysia and espoused instructive ways for the realization of the maqasid and shariahization spirit in contemporary context. He had constructed and formulated comprehensive and unprecedented structure of instructive and highly possible method to Islamize law and to bring about harmonization of Islam and civil law in Malaya by espousing for independent legal and criminal administration of Islamic law and formation of the highly anticipated Shariah court in Malaya.

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Kota medan,

Sumatera utara

INDONESIA