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At-Tafkir
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 19799357     EISSN : 26205858     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal At-tafkir uses Open Journal Systems 3.1.2.1, which is open source journal management and publishing software developed, supported, and freely distributed by the Public Knowledge Project under the GNU General Public License.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 346 Documents
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Attribution of Lineage of Adopted Children in Indonesian Law: A Comparative Analysis of the Child Protection Law and the Compilation of Islamic Law Rivai Arifin Rivai; Rizal Darwis Rizal; Abdur Rahman Adi Saputera; Dulsukmi Kasim Dulsukmi; Sofyan AP Kau Sofyan
At-Tafkir Vol. 19 No. 1 (2026): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v19i1.14568

Abstract

The legal status of the lineage (nasab) of adopted children remains a contested issue in Indonesia due to the coexistence of national law and Islamic family law. While Indonesia's Child Protection Law (UUPA) prioritizes the protection and welfare of children, the Compilation of Islamic Law (KHI) upholds the principle of preserving biological lineage, creating potential differences in legal interpretation and application regarding the relationship between adopted children and their adoptive fathers. This study aims to compare the legal provisions of the Child Protection Law and the Compilation of Islamic Law concerning the attribution of lineage to adopted children and to examine the extent to which these two legal frameworks can be harmonized. Employing a normative-comparative legal approach, this research analyzes statutory regulations, legal doctrines, and relevant scholarly literature through qualitative legal analysis. The findings demonstrate that both legal frameworks consistently reject the transfer of biological lineage from biological fathers to adoptive fathers. However, they differ in their underlying legal philosophy and practical implications. The Child Protection Law adopts a child-centered approach that emphasizes legal protection and the fulfillment of children's rights without altering biological identity, whereas the Compilation of Islamic Law is grounded in the Islamic legal principle of preserving nasab as an essential objective of family law. These findings suggest that the two legal systems are complementary rather than contradictory, as they pursue different legal objectives while reaching a similar conclusion regarding the non-transferability of lineage. The study contributes to the development of a more coherent framework for harmonizing national child protection policies with Islamic family law and provides a normative reference for legislators, judges, and legal practitioners in resolving adoption-related disputes in Indonesia.
The Practice of Non-Litigation Mediation in Resolving Family Conflicts from the Perspective of Supreme Court Regulation Number 1 of 2016 Abdullah Deri Humaidi; Jamiliya Susantin; Muhammad Habiburrahman
At-Tafkir Vol. 19 No. 1 (2026): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v19i1.14966

Abstract

This study examines the practice of non-litigation mediation in resolving family conflicts from the perspective of Supreme Court Regulation Number 1 of 2016, with a case study conducted in Tlanakan Village, Pamekasan Regency. The study addresses the gap between formal mediation regulations and the persistence of informal mediation practices within society. This research employs an empirical legal approach using qualitative methods through observation, in-depth interviews, and documentation. The findings reveal that non-litigation mediation is primarily conducted by religious leaders, community figures, and family elders through informal and flexible processes grounded in local wisdom. Substantively, these practices reflect the principles of good faith, deliberation, and peaceful settlement in accordance with the values embodied in Supreme Court Regulation Number 1 of 2016. However, procedurally, the mediation practices have not fully met formal legal standards due to the absence of certified mediators, guarantees of neutrality, and legally binding agreements. The study concludes that non-litigation mediation is socially effective in preserving family harmony and preventing conflict escalation, yet remains juridically weak in ensuring legal certainty and protection for vulnerable parties. The implications of this research indicate the need for an integrative mediation model that combines local wisdom-based practices with formal legal standards through mediator training, procedural strengthening, and legal recognition of mediation outcomes. This study contributes theoretically to the discourse on legal pluralism and practically to the development of more adaptive and community-oriented family dispute resolution mechanisms in Indonesia.
Unregistered Marriage and Its Impact on Family Harmony in Kacok Village, Palengaan District, Pamekasan Regency Ubaidillah Ubaidillah
At-Tafkir Vol. 19 No. 1 (2026): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v19i1.14967

Abstract

This study examines the practice of nikah sirri (unregistered marriage) and its impact on family harmony in Kacok Village, Palengaan District, Pamekasan Regency. The research employs an empirical method with a descriptive qualitative approach, using in-depth interviews, observation, and documentation as data collection techniques. The findings reveal that nikah sirri is widely practiced without official registration at the Office of Religious Affairs (KUA), resulting in a lack of legal recognition and protection for family members. The study identifies several driving factors behind this practice, including economic constraints, premarital pregnancy, polygamy without legal permission, and administrative barriers. In addition, low legal awareness among community members contributes significantly to the persistence of nikah sirri, as many individuals perceive religious validity as sufficient without considering state law requirements. The absence of legal registration has substantial implications for family harmony, particularly in terms of legal uncertainty, vulnerability of women and children, and potential conflicts within the household. This study highlights the gap between formal legal norms and social practices (law in books versus law in action) and emphasizes the need for comprehensive interventions, including legal education, administrative accessibility, and institutional support, to strengthen family harmony and legal compliance in marriage practices.
Silent Treatment as Emotional Violence in Domestic Violence: A Study of Victims in Plakpak Village Aulia Agustini
At-Tafkir Vol. 19 No. 1 (2026): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v19i1.15601

Abstract

Emotional violence in domestic relationships often receives less legal and scholarly attention than physical violence, despite its profound psychological consequences. One of its most subtle yet harmful manifestations is the silent treatment, a pattern of intentional communication withdrawal used to punish, manipulate, or control a spouse. Although this behavior is increasingly recognized as a form of emotional abuse, limited empirical research has examined its occurrence and legal implications within the Indonesian context. This study aims to identify the forms of silent treatment experienced by victims of domestic violence in Plakpak Village, analyze its psychological and emotional impacts, and examine its legal relevance under Law Number 23 of 2004 on the Elimination of Domestic Violence. The research employed a qualitative case study approach conducted in Plakpak Village between February and March 2026. Data were collected through observation, in-depth interviews, and document analysis involving 25 informants, including victims, local residents, village officials, and community leaders. The findings reveal that silent treatment commonly manifests as intentional silence, communication withdrawal, emotional neglect, refusal to engage in dialogue, and social exclusion within marital relationships. These practices result in psychological distress, including anxiety, emotional insecurity, diminished self-esteem, prolonged emotional suffering, and marital instability. The study further finds that these behaviors constitute psychological violence as defined under Law Number 23 of 2004, although they are frequently normalized as private marital conflicts and therefore remain underreported and inadequately addressed by law enforcement and community institutions. The findings highlight the need to strengthen legal awareness, improve institutional responses to non-physical forms of domestic violence, and promote greater recognition of silent treatment as a serious form of emotional abuse within Indonesia's domestic violence prevention framework.
Foundation of Al-Hikmah al-Mutaaliyah: Ontology and Epistemology on Philosophy of Mulla Sadra Miswari Miswari
At-Tafkir Vol. 19 No. 1 (2026): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v19i1.15785

Abstract

This article aims to discuss the basic principles of Mulla Sadras thinking, namely his ideas about ontology and epistemology. This qualitative research uses library data, especially references written by Mulla Sadra and works that have been written about his thoughts. The findings of this article prove that Mulla Sadras main ontology discusses the difference between wujud and mahiyah. This discussion is very important to determine which is the essence of reality, because the nature of reality is one. In Mulla Sadras thought, wujud is more fundamental than wujud in external reality, although in the mind, wujud is more fundamental than wujud. Because mahiyah is only a barrier for the wujud that is formed by the mind. Wujud is the single foundation for external reality. In the epistemological system of Mulla Sadras teachings, an important focus is the difference between knowledge through confirmation (hushuli) and knowledge through presence (hudhuri). Mulla Sadra emphasized that hudhuri is more valid than hushuli. He concluded that hushuli was actually hudhuri. Mulla Sadras philosophy was heavily influenced by many previous philosophers, especially Ibn Sina, Syihab al-Din al-Suhrawardi, and Ibn Arabi.
The Construction of Satan’s Weltanschauung in the Qur’an: Toshihiko Izutsu’s Semantic Approach Nurul Husna; Irfansyah Irfansyah
At-Tafkir Vol. 19 No. 1 (2026): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v19i1.15906

Abstract

For centuries, shaytan in Islamic discourse has generally been understood as a single entity with a fixed meaning, a perception inherited from classical exegetical traditions that primarily rely on atomistic verse-by-verse interpretations. Although studies employing Toshihiko Izutsu's semantic approach have expanded in Indonesia, no previous research has comprehensively analyzed shaytan using Izutsu's complete semantic framework, encompassing semantic fields, diachronic development, and the Qur'anic worldview. This study aims to examine the semantic structure of shaytan through Izutsu's semantic methodology in order to reconstruct its conceptual meaning within the Qur'an. The research adopts a qualitative hermeneutic-semantic approach, using the Qur'an as the primary source and classical Arabic lexicons, biblical texts, Israelite literature, and relevant scholarly works as supporting data. The findings demonstrate that shaytan is not merely a proper name but an existential category denoting persistent estrangement from divine truth. Synchronically, it occupies a hierarchical position within the Qur'anic semantic system as the antithesis of divine guidance, while diachronically the Qur'an reinterprets pre-Islamic and biblical traditions by introducing a distinctive ethical narrative centered on istikbar (arrogance) as the root of rebellion. These findings contribute to Qur'anic semantic studies by expanding Izutsu's framework and demonstrating that the Qur'anic weltanschauung conceptualizes shaytan as a multidimensional moral category emphasizing human responsibility, gradual psychological temptation, asymmetric dualism, and humanity's continuing capacity to resist evil.

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