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Taqnin: Jurnal Syariah dan Hukum
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : 2685399X     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Taqnin: Jurnal Syariah dan Hukum menerbitkan artikel dalam bidang ilmu-ilmu syariah dan hukum. Terbit dua kali satu tahun, edisi Januari-Juni dan Juli-Desember.
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Articles 90 Documents
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Comparison of Hanafi and Mutakallimin Methods in Islamic Jurisprudence Formulation Ulil Albab Al aulia Alpaten; Rustam Dahar Karnadi Apollo Harahap; Akbar Fatih Zulfikhar
TAQNIN: Jurnal Syariah dan Hukum Vol 7, No 02 (2025): Juli-Desember 2025
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v7i02.25736

Abstract

The study examines the effectiveness of the Hanafi method in establishing jurisprudence rules and compares it with the Mutakallimin method. Through a qualitative descriptive approach, utilizing primary data from Hanafi fiqh and Mutakallimin books along with secondary data from scholarly journals and online articles, the research elucidates the nuances of both methodologies. The Hanafi method, rooted in the teachings of Imam Abu Hanifah and his companions, prioritizes practical aspects and real-world experience in jurisprudence formulation. Employing an inductive approach, it offers flexibility and rational interpretation, ensuring relevance in evolving contexts. In contrast, the Mutakallimin method focuses on establishing rules of usuliyah without considering fiqh branches, emphasizing reasoning but criticized for its rigidity and lack of practical examples. The findings suggest that the Hanafi method, with its clarity, comprehensiveness, and flexibility, is more effective in jurisprudential development. It incorporates principles derived from earlier imams, facilitating understanding and application. Conversely, the Mutakallimin method, while valuing reasoning, faces challenges in application due to its detachment from fiqh branches. Thus, the Hanafi method emerges as a more practical and relevant approach, contributing significantly to the evolution and application of Islamic law in contemporary contexts
HARTA WARIS YANG DIBAGIKAN SEBELUM MUWARIS MENINGGAL DI DESA SINGOSARI PERSPEKTIF FIQIH MAWARIS Mohammad Arinto Yudo Septian; Khoirunnisa Khoirunnisa Khoirunnisa; Devie Khoirun Nisa Khoirun Nisa; Sofia Nofita Sari Nofita Sari
TAQNIN: Jurnal Syariah dan Hukum Vol 7, No 02 (2025): Juli-Desember 2025
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v7i02.27161

Abstract

HARTA WARIS YANG DIBAGIKAN SEBELUM MUWARIS MENINGGAL
Fenomena Sex in the Car di Aceh dalam Perspektif Fiqh Jinayah dan Maqashid Syariah Retanisa Rizqi
TAQNIN: Jurnal Syariah dan Hukum Vol 7, No 02 (2025): Juli-Desember 2025
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v7i02.26362

Abstract

This study examines the phenomenon of sex in the car in Aceh within the framework of fiqh jinayah (Islamic criminal law) and maqasid al-syari‘ah (the objectives of Islamic law) to explore its legal, moral, and policy implications in the enforcement of Islamic law. The research focuses on how sexual activity inside a vehicle is classified within the categories of jarimah (hudud/ta‘zir) and the extent to which such acts violate the five essential objectives of Islamic law (al-dharūriyyat al-khams). The study employs a normative legal research method, analyzing statutory regulations (Qanun Aceh No. 6/2014), classical and contemporary fiqh literature, and the maqasid framework as a conceptual basis. Secondary data were obtained from books, journals, and official reports published within the last six years. The findings reveal that the sex in the car phenomenon is generally categorized as a jarimah ta‘zir, which requires discretionary punishment by the authorities, while simultaneously violating the core elements of maqasid (particularly hifẓ al-din, hifẓ al-nafs, and hifẓ al-nasl). The study further emphasizes the need to recontextualize fiqh jinayah to address contemporary forms of khalwat, such as in vehicles, through preventive legal measures (sadd al-dzari‘ah), clear evidentiary guidelines, and the integration of educational approaches. The novelty of this research lies in its empirical focus on vehicles as modern spaces of khalwat in Aceh and its maqasid-based normative recommendations for adaptive Islamic law enforcement.
Epistemology of al-Hukm al-Taklifi in Islamic Family Law: Integrating Haqq and Iltizam as the Normative Foundation of the Kompilasi Hukum Islam in Indonesia Agustin Hanapi; Muhammad Husnul
TAQNIN: Jurnal Syariah dan Hukum Vol 7, No 02 (2025): Juli-Desember 2025
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v7i02.27922

Abstract

This study explores the epistemology of al-hukm al-taklifi in explaining the integration of haqq (rights) and iltizam (obligations) as the normative foundation of the Kompilasi Hukum Islam (KHI) in Indonesia. It aims to reconstruct the moral coherence of Islamic family law by grounding it in the epistemic structure of taklif. Using a qualitative, normative-philosophical approach, the study analyzes classical texts of usūl al-fiqh-including works by al-Ghazali, al-Āmidi, and al-Shaṭibi-alongside modern legal thought on Islamic normativity and pluralism.The findings reveal that al-hukm al-taklifi functions as an epistemic bridge linking divine revelation, rational cognition, and moral purpose. The codification of the KHI, however, has fragmented this unity by emphasizing legal form over ethical substance. Reintegrating haqq and iltizam within taklif restores law's moral dimension and theological legitimacy.The study concludes that reform in Islamic family law must begin with epistemological reconstruction. The implications suggest that taklif provides a universal framework for harmonizing revelation and reason, transforming Islamic law into a living moral discourse grounded in justice, compassion, and wisdom.
Hak Waris Anak Luar Kawin yang Diakui dalam Sistem Hukum Indonesia: Kajian Komparatif KUHPerdata BW dan KHI Muhammad Akbar Rosyidi Datmi; Muhammad Yadi Harahap; Fauziah Lubis
TAQNIN: Jurnal Syariah dan Hukum Vol 7, No 02 (2025): Juli-Desember 2025
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v7i02.28484

Abstract

The inheritance rights of acknowledged children born out of wedlock remain a contested issue in Indonesia due to the coexistence of two legal systems: the Indonesian Civil Code (Burgerlijk Wetboek/BW) and the Compilation of Islamic Law (KHI). These legal regimes differ significantly in regulating the civil status and inheritance rights of such children, creating legal uncertainty and normative inconsistency. This study employs normative legal research using statutory, historical, conceptual, comparative, and maqāṣid al-sharīʿah approaches. Primary legal sources include the Civil Code, the Compilation of Islamic Law, and Constitutional Court Decision No. 46/PUU-VIII/2010, supported by relevant legal doctrines and scholarly literature. The data were analyzed through qualitative legal interpretation using systematic, teleological, and comparative methods. The study finds that the Civil Code recognizes civil relations between an acknowledged child born out of wedlock and the acknowledging parent through the mechanism of erkenning, thereby granting limited inheritance rights. In contrast, the Compilation of Islamic Law recognizes lineage only through the mother and her family, excluding inheritance rights from the biological father. Constitutional Court Decision No. 46/PUU-VIII/2010 introduced a significant shift by recognizing civil relations between children born out of wedlock and their biological fathers based on scientific evidence. From a maqāṣid al-sharīʿah perspective, protecting such children involves not only the preservation of lineage (ḥifẓ al-nasl) but also the protection of human dignity and property rights (ḥifẓ al-nafs and ḥifẓ al-māl). The study proposes a model of limited inheritance rights with Islamic justification to harmonize legal certainty, lineage protection, and social justice within Indonesia’s plural legal system.
Desakralisasi Talak dalam Masyarakat Muslim Indonesia: Analisis Maqashid al-Sharī‘ah terhadap Praktik Talak Bercanda Windi Anastasya Siregar; Ahmad Zuhri Rangkuti
TAQNIN: Jurnal Syariah dan Hukum Vol 8, No 01 (2026): Januari-Juni 2026
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v8i01.29012

Abstract

Abstract: This study examines the phenomenon of the desacralization of ṭalāq in Indonesian Muslim society through a maqāṣid al-sharī‘ah perspective, focusing on the practice of joking divorce in Puji Mulyo Village, Sunggal District, Deli Serdang Regency, North Sumatra. In Islamic law, ṭalāq constitutes a sacred legal instrument and serves as an ultimum remedium in resolving marital conflicts. However, contemporary social practices demonstrate that ṭalāq is frequently used as a joke, emotional threat, or ordinary expression in domestic interactions, resulting in a gradual shift from a sacred legal act to a profane verbal expression. This research employs an empirical legal research method with a qualitative approach and thematic analysis. Data were collected through interviews, observation, and documentation involving ten household cases in which ṭalāq was used beyond its normative legal function. The findings reveal six stages of ṭalāq desacralization: ṭalāq as a joke, ṭalāq as an instrument of emotional pressure, repeated ṭalāq without legal awareness, ṭalāq as a relational language, the banality of ṭalāq in marital conflicts, and total desacralization. These stages indicate a gradual transformation of ṭalāq from a sacred legal institution into an ordinary verbal practice detached from its normative and ethical foundations. From the perspective of maqāṣid al-sharī‘ah, such practices undermine the protection of lineage (ḥifẓ al-nasl), human dignity (ḥifẓ al-‘irḍ), and legal and intellectual awareness (ḥifẓ al-‘aql). This study contributes to Islamic family law scholarship by proposing a conceptual model of the stages of ṭalāq desacralization and emphasizing the need to reconstruct the sacred understanding of divorce through legal literacy, family education, and a maqāṣid-oriented approach to family law. Keywords: Ṭalāq Desacralization; Joking Divorce; Islamic Family Law; Maqāṣid al-Sharī‘ah; Legal Culture.
Cimate Breakdown sebagai Mafsadah Kubra: Rekonstruksi Maqashid al-syari'ah al-Syatibi untuk Keadilan Ekologis Global Filda Rossa; Dahyul Daipon; Fahmil Samiran; Putri Handayani; Muhammad Ridha
TAQNIN: Jurnal Syariah dan Hukum Vol 8, No 01 (2026): Januari-Juni 2026
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v8i01.27970

Abstract

Climate breakdown has evolved beyond an environmental concern into a systemic global crisis that threatens the sustainability of human civilization. Although a growing body of scholarship has examined the relationship between climate change and maqasid al-shariʿah, existing studies predominantly treat climate change as a threat to the five essential objectives (al-kulliyyat al-khams) without critically examining its normative status within the theory of mafsadah or its implications for the reconstruction of Islamic legal methodology. This study aims to reconstruct the normative position of climate breakdown within al-Syatibi’s maqasid al-shariʿah framework and to formulate a methodological paradigm capable of addressing contemporary ecological crises. Employing normative legal research through conceptual and philosophical approaches, the study analyzes al-Syatibi’s al-Muwafaqat in dialogue with contemporary maqasid scholarship, particularly the works of Ibn ʿAshur, Jasser Auda, Mohammad Hashim Kamali, Ibrahim Ozdemir, and Fazlun Khalid, while incorporating current scientific evidence on climate change drawn from authoritative environmental reports. The findings demonstrate that climate breakdown constitutes mafsadah kubra because its impacts are systemic, transboundary, intergenerational, cumulative, and simultaneously undermine the realization of all maqasid al-ḍaruriyyah. Furthermore, the study identifies ecological vulnerability as the missing conceptual link that explains how climate breakdown evolves into a comprehensive disruption of the objectives of Islamic law. Building upon these findings, the article proposes ecological ijtihad as a new methodological paradigm that integrates maqasid al-shariʿah,, scientific evidence, ecological vulnerability, and global ecological justice into Islamic legal reasoning. The originality of this research lies in reconstructing the concept of mafsadah within al-Syatibi’s framework and expanding the scope of maqasid al-shariʿah,from safeguarding individual interests to protecting the ecological life-support system as the normative foundation of sustainable justice.
Peran Majelis Duduk Setikar Kampung Dalam Penyelesaian Kekerasan Dalam Rumah Tangga: Analisis Perlindungan Korban Dan Kekuatan Hukum Surat Kesepakatan Di Karang Baru Aceh Tamiang Mawaddah Mawaddah; Aulil Amri; Nurul Fithria; Badrul Munir
TAQNIN: Jurnal Syariah dan Hukum Vol 8, No 01 (2026): Januari-Juni 2026
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v8i01.29271

Abstract

Domestic violence (DV) is a serious problem that impacts the safety of victims and the social stability of the community. Previous studies on customary institutions in Aceh have mainly highlighted their mediating function and social legitimacy, while critical assessment of the legal force of peace agreements and the actual level of victim protection remains limited. In Karang Baru District, Aceh Tamiang Regency, domestic violence cases are often resolved through customary mechanisms involving the Village Sitting Assembly (MDSK). This study aims to analyze the position and role of MDSK in resolving domestic violence and to critically examine the legal force and problems of the guarantee letters resulting from the deliberations, while assessing the extent to which this mechanism genuinely protects victims rather than merely preserving social harmony. This study uses an empirical juridical research method where applicable legal provisions are linked to the realities that occur in society. The results show that MDSK plays a mediator role by prioritizing a family approach and deliberation. However, the settlements outlined in guarantee letters or peace agreements do not fully satisfy the requirements of a valid agreement, are not equivalent to an authentic deed, and cannot halt criminal proceedings, so that they do not have legally binding legal force and are not accompanied by clear sanctions. As a result, protection for victims of domestic violence is not optimal and there is the potential for recurrence of violence. The novelty of this study lies in integrating a socio-legal analysis of the customary institution's role with a normative assessment of the validity and binding force of the peace agreement, an angle that has received limited attention in prior research. This study contributes to the development of legal pluralism, restorative justice, and victim protection studies, and provides a basis for policy formulation. Therefore, it is necessary to strengthen legal regulations, standards for drafting agreements, and synergy between customary institutions and positive law so that deliberation-based resolutions not only maintain social harmony but also guarantee justice and legal protection for victims.
Reformasi Hukum Keluarga Islam di Indonesia dan Malaysia: Studi Perbandingan Sistem Hukum, Kelembagaan Peradilan, dan Perlindungan Hak Keluarga Noor Asya; Veronita Indira Jayatri; Yasrina Esia Nur; Aulil Amri
TAQNIN: Jurnal Syariah dan Hukum Vol 8, No 01 (2026): Januari-Juni 2026
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v8i01.30431

Abstract

The reform of Islamic family law in Southeast Asia has developed through different legal and institutional approaches, particularly in Indonesia and Malaysia, despite both countries sharing the same foundation in Islamic legal principles. Previous studies have predominantly examined specific aspects of family law reform, such as marriage, divorce, or judicial institutions, without comprehensively integrating the dimensions of legal systems, judicial institutions, and family rights protection within a comparative analytical framework. This study aims to analyze the reform of Islamic family law in Indonesia and Malaysia by comparing their legal systems, judicial institutions, and legal policies, as well as examining their implications for the protection of family rights. This research employs normative legal research using statutory, conceptual, and comparative approaches. Legal materials consist of legislation, judicial decisions, books, and recent scholarly articles on Islamic family law reform. The collected materials were analyzed qualitatively through comparative legal analysis. The findings reveal that Indonesia adopts a codified and nationally unified legal system that emphasizes legal certainty, whereas Malaysia applies a decentralized model that grants broader judicial discretion to the Syariah Courts. These differences significantly influence the regulation of marriage, polygamy, divorce, matrimonial property, and child custody, while both systems share the common objective of strengthening the protection of women’s and children’s rights. This study proposes an Integrative Islamic Family Law Reform Model, which synthesizes legal certainty, judicial flexibility, and family rights protection into a comprehensive conceptual framework for future Islamic family law reform in Muslim-majority countries. The study contributes to the development of comparative Islamic family law by demonstrating that effective legal reform requires the harmonization of legal substance, judicial institutions, and legal culture.
Rekonstruksi Keharmonisan Keluarga dalam Perspektif Family Systems Theory Murray Bowen: Integrasi Psikologi Keluarga dan Hukum Keluarga Islam Ahmad Warid Wajdil Haq; Sariatul Fikri
TAQNIN: Jurnal Syariah dan Hukum Vol 8, No 01 (2026): Januari-Juni 2026
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v8i01.23513

Abstract

Family harmony is a fundamental pillar in establishing individual well-being, social resilience, and sustainable national development. Nevertheless, increasing rates of marital conflict, divorce, domestic violence, and psychosocial challenges indicate that contemporary family resilience cannot be adequately explained solely through normative legal perspectives. Existing studies on Murray Bowen's Family Systems Theory generally emphasize psychological counseling and family therapy, while Islamic family law scholarship predominantly focuses on juridical aspects of rights and obligations. Few studies have attempted to integrate these two disciplinary perspectives into a comprehensive conceptual framework for family harmony. This study aims to analyze the concept of family harmony based on Murray Bowen's Family Systems Theory, examine its relevance to Islamic family law principles, and reconstruct an integrative model of family harmony grounded in both family psychology and Islamic legal values. This research employs normative legal research using conceptual, philosophical, and interdisciplinary approaches through qualitative analysis of primary and secondary legal and scientific literature. The findings demonstrate that Bowen's concepts of self-differentiation, emotional system, triangulation, emotional cutoff, and multigenerational transmission remain highly relevant in explaining emotional dynamics within Muslim families. However, these psychological dimensions require normative reinforcement through Islamic family law principles emphasizing justice (al-'adl), mutual responsibility, sakinah, mawaddah, raḥmah, and the realization of maqāṣid al-sharī'ah. This study proposes an integrative reconstruction model positioning family harmony as the outcome of balanced emotional maturity, legal responsibility, and ethical-religious values. The proposed framework contributes to strengthening interdisciplinary discourse on family resilience and offers a theoretical foundation for developing Islamic family counseling and family law policies in contemporary Muslim societies.

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