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INDONESIA
AT-TAFAHUM: Journal of Law
ISSN : 25804707     EISSN : 25800159     DOI : 10.47006
Core Subject :
At-Tafahum: Journal of Law focuses on advancing legal scholarship through the integration of Islamic law and contemporary issues in the field of Administrative Law, within the framework of ASEAN legal studies and the broader global context. The journal prioritizes the publication of research that demonstrates novelty, academic significance, and relevance to emerging legal issues and developments.
Arjuna Subject : -
Articles 8 Documents
Search results for , issue "vol 2, no 1 (2018)" : 8 Documents clear
A Criminological Analysis of Homicide Committed by Husbands Against Their Wives Ahmad Nizar Mohammad Syamwil; Dian Perwita Sari
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.29053

Abstract

Cases of murder committed by husbands against wives are a serious problem in society. This study aims to analyze the factors causing the murder, as well as its impact on the victim's child. The method used is descriptive research using data from observations, documentation, and interviews with AKP Abner Saragih, one of the investigative teams handling the case. The results showed that the murder occurred due to jealousy and economic problems in the household. The perpetrator used a machete that had been prepared before hand, resulting in the death of his wife and serious injuries to the victim's child. The victim's children are currently being raised by the victim's family without their biological parents. The conclusion of this study is the need for serious handling of domestic homicide cases, as well as the importance of the role of law enforcement agencies in providing justice to victims. This research also provides suggestions for increasing public awareness about the importance of peaceful conflict resolution, as well as the need for psychological support for children who have been traumatized by a murder case in the family. It is hoped that the results of this study can provide a deeper understanding of the problem of domestic murder and contribute to preventing similar cases from occurring in the future.
The Istinbath Method of Professional Zakat Law at the Muhamadiyah Tarjih Council and Its Implications For the Implementation of Professional Zakat at the Muhammadiyah University Of North Sumatra Ali Baroroh Al-Muflih
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.5102

Abstract

Zakat profession is a problem that has not been discussed in the time of the Prophet Muhammad. However there is no argument in the verses of the Holy Qur'an and the Prophet's Hadith explicitly explain the obligation and unobligation about the law of zakat profession. Causing the differences of opinion among Ulama about its legal status. Meanwhile in Indonesia, Islamic organizations have their respective legal provisions in establishing the law of zakat profession. In this state, Muhammadiyah through Muhammadiyah Tarjih Assembly has set the zakat profession, is a mandatory. This aim of this study is to know the law of zakat profession according to Majlis Tarjih Muhammadiyah and how the method used by Majlis Tarjih Muhammadiyah in establishing the law of zakat profession. And also the fatwa's implications about application of zakat profession at the University of Muhammadiyah North Sumatra. The method used by the writer in this research is descriptive analytical. collecting data from the literature study. This research tried to explain the istinbath method of the law of zakat profession from Muhammadiyah organization through Muhammadiyah Tarjih Assembly and fatwa implication to the law of zakat profession applied at University of Muhammadiyah North Sumatra.
Discrimination of Men as Victims of Sexual Harassment from the Perspective of Law Number 12 Of 2022 and Gender Imamuddin Imamuddin; Bunga Putri Ayu Nasution
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.29054

Abstract

Sexual violence is commonly associated with female victims, while cases involving male victims often receive limited attention due to social stigma, gender stereotypes, and perceptions of masculinity. This study aims to analyze discrimination against male victims of sexual violence from a gender equality perspective and examine legal protection mechanisms available under Indonesian law. The research applies a normative qualitative method through literature studies by reviewing books, journals, legal regulations, government reports, and media publications related to gender theory and sexual violence. Data validity was ensured through comparison and analysis of multiple sources. The findings indicate that male victims of sexual violence continue to experience discrimination in reporting processes, access to legal protection, and social acceptance. Gender stereotypes positioning men as strong and dominant contribute to the underreporting of cases and inadequate support systems. Although Law Number 12 of 2022 concerning Sexual Violence Crimes provides legal protection and recognizes victims’ rights to assistance, rehabilitation, and justice, implementation remains insufficiently inclusive toward male victims. Existing complaint services and legal mechanisms also tend to prioritize women and children. Therefore, strengthening gender-responsive legal frameworks, increasing public awareness, improving law enforcement sensitivity, and expanding psychological and social support systems are necessary to ensure equal protection for all victims regardless of gender. The study concludes that achieving gender equality in handling sexual violence requires inclusive legal reform and the elimination of discriminatory perceptions toward male victims to create a more equitable justice system in Indonesia.
The Role of Marriage Development and Preservation Advisory Agency In Anticipating Divorce Rate Abdul Hakim; Ali Bata Ritonga
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.5106

Abstract

The big point of this research is how does the role of advising council and preservation of marriage as the council of advising and preservation of marriage at the regency of Labuhanbatu Raya contribute. The purpose of this research is to analyze about the role of advising council and preservation of marriage as the council of advising and preservation of marriage at regency of Labuhanbatu Raya which was provided by the government. socialization about honesty marriage, mawaddah, wa rahma and piety. And the affordability of BP4 to oppress the divorce rates at the regency of Labuhanbatu Raya is going spirit to do national movement, this program is running well as the founding honest marriage for every month based on frame work and reformation agenda on social custom and affordable to create the highest communities' moral, faithful, worship and honorable attitude. Meanwhile the obstruction factor divided into internal and external. And the support factor is the communities hope and support toward being on having an honest marriage
Law No. 32 of 2009 concerning PPLH as an Instrument for Limiting the Utilization of Natural Resources from the Perspective of Maqāṣid al-Syari’ah Upi Sopiah Ahmad
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.29078

Abstract

The use of natural resources in development practices often raises issues of pollution and environmental damage when legal restrictions are understood solely procedurally and administratively. Law Number 32 of 2009 concerning Environmental Protection and Management places environmental planning as the foundation of management, particularly through the provisions in Article 10. However, this provision is still often read in a formalistic manner so that its normative function as an instrument for limiting the use of natural resources has not been optimized. This article aims to analyze the position of Article 10 of Law No. 32 of 2009 from the perspective of maqāṣid al-syarī'ah, with an emphasis on the principle of preventing damage (dar' al-mafāsid), in order to emphasize the orientation of environmental protection and human safety. This study uses a normative legal research method with a statutory and conceptual approach. The primary legal material in the form of Law No. 32 of 2009, especially Article 10, is reviewed together with relevant Islamic legal sources, and supported by maqāṣid literature and contemporary environmental law studies as secondary legal materials. The research results show that Article 10 not only functions as an administrative planning norm, but also contains preventive content that aligns with the objectives of the maqāṣid al-syarī'ah, particularly the protection of life and the public welfare. Thus, Article 10 can be positioned as a normative meeting point between national environmental law and the basic principles of Islamic law in limiting the sustainable use of natural resources.
Tradition of the Mandondon Agreement In the South Tapanuli Community as Seen from the Face of Islamic Law M. Kamil Siregar
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.5110

Abstract

Tradition of Mandondon contract is a people's habit in Sipirok sub-district, the south Tapanuli in getting loan (debit) by pawning their rice field to the capital owner, but it will become a guarantee and will be controlled by people receiving pawning, and they may cultivate to utilize it, then collects the results of the rice field during debit must be returned by mortgaging with the same amount, so that people who are pawning to be lost. The main problems in this research, (1) how are the essence and the implementation of Mandondon contract in Sipirok sub-district? (2) How are the reviews of Islamic law to tradition of Mandondon contract in Sipirok sub-district?. Then, the general goals achieved in this research are to know the essence and the implementation of the Mandondon contract. The particular goal is to know how the review of Islamic law to tradition of Mandondon contract. This research is a field research using data analysis method, a qualitative method, using a case approach. The data source of this research is people pawning their rice field, the person receiving the pawn, adat's figure, and MUI chairman. The results of this research show that practice agreement of Mandondon contract (pawn rice field) if it is seen in qualified term, it is already qualified, but has not fulfilled the principle becausein thepawnshop is not yet clear the deadline for repayment of debt which must be done by the mortgage to the recipient of the pledge, then in the implementation that occurs in the Sipirok's community are not perfect pawnshops or not according to Islamic shari'a. In pawn practices, researchers find that there are elements of usury and utilization of the mortgaged goods.
Overcoming Heretical Sects Through Fatwa of the Ulama Consultative Council and Qanun Chifa Azyana Adly Meknesya; Ansari Yamamah
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.5100

Abstract

One of the social phenomena in the midst of religious life in Aceh is the emergence and development of deviant sect, This phenomenon is considered alarming because remembering Aceh is a region that is trying to implement Islamic law in every part of its life and is known as an area that has a strong Islamic culture in Acehnese society from ancient times, seeing this incident, the stakeholders in Aceh took steps to overcome it, one of them was by issuing qanun and fatwa, the efforts to deal with the two legal products were preventive, repressive, and curative. The purpose of this research is to find out the role of qanun set by the government in overcoming the criminal offenses of cults so that they can become social controllers on the issue of cults that developed in Aceh Province, Knowing the role of the fatwa stipulated by the Ulama Consultative Assembly in overcoming the crime of heretical sects so that they can become a social controller on the issue of cults which developed in Aceh Province. To find out the process carried out by the government in acting or punishing deviant sect. The method used in this study is qualitative, this study at the Islamic Syariat office of the city of Banda Aceh, the time of this research was carried out from march to December 2018.The results of this study state that efforts that synergize between qanun and fatwa in tackling cases of cults still need to be improved, so as to anticipate the growth and spread of cults, the forms of mitigation carried out are preventive, repressive and curative, but even so the handling process is in practice not yet maximal, still impressed incidental and running as a minimum, so that the potential for the same case to occur again.
Schools In the Fatwa of the National Sharia Council of the Indonesian Ulama Council (Analysis of Mudharabah, Musyarakah and Murabahah) Aicha Azdina Adly Fesya; Acme Admira Arafah
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.5101

Abstract

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 of material content and applicative, if observed substantially, it tends more towards Hanafi's madhhab. However, the DSN-MUI fatwas about Mudharabah were different, the DSN-MUI fatwa is mostly to be taken and agreed on a legal basis by Syafi'i 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 madzhab known so far. Thus, in giving the DSN fatwa to be implemented in Indonesia, the Indonesian Council of Ulama's 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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