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AT-TAFAHUM: Journal of Law
Published by Universitas Islam Negeri Sumatera Utara
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.
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Articles 8 Documents
 1 
Search results for , issue "vol 5, no 1 (2021)" : 8 Documents clear
Analysis Of The Islamic Legal Paradigm In Studying Monogamy, Polygamy And Divorce Chifa Azyana Adly Meknesya; Muhammad Hidayat
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29056

Abstract

This article examines contemporary Islamic legal perspectives on monogamous and polygamous marriages, as well as the processes and underlying reasons for divorce within the framework of modern Islamic jurisprudence. In everyday life, marital relationships frequently encounter various social, economic, and emotional challenges, prompting individuals to navigate between monogamy as the ideal normative model and polygamy as a conditionally permissible practice under sharia. At the same time, divorce emerges as a complex phenomenon influenced by multiple factors, including incompatibility, economic hardship, and moral considerations. The study aims to explore the views, arguments, and proposed solutions of contemporary Islamic scholars in addressing these issues. Employing a qualitative bibliographic approach, this research draws upon classical fiqh literature alongside the interpretations and analyses of modern scholars, thereby bridging traditional doctrines with current socio-cultural realities. This method allows for a comprehensive understanding of how Islamic legal thought evolves in response to changing contexts. The findings reveal that contemporary Islamic law promotes a balanced, just, and context-sensitive approach to marital issues. Monogamy is strongly encouraged as the ideal form of marriage due to its alignment with principles of fairness and stability. Polygamy, while permitted, is strictly regulated and only justified under compelling circumstances, with the absolute requirement of justice among spouses. Furthermore, divorce is regarded as a last resort, permissible only after all efforts toward reconciliation, mediation, and mutual understanding have been thoroughly exhausted.
The Meaning Of Resorative Justice In The Concepts Of Sulh, Afw, Diyat, And Social Reintegration In Islamic Criminal Law Abdul Hakim; M. Arief Fadhilah
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29050

Abstract

This study aims to explore and analyze the meaning of restorative justice within the framework of Islamic criminal law through the concepts of sulh, afw, diyat, and social reintegration. The research method used is library research with a normative-descriptive approach that examines secondary data in the form of legal and sharia literature. The results show that Islamic criminal law has fundamental similarities with the principles of modern restorative justice, where case resolution does not only focus on punishment (retributive), but rather prioritizes restoring relationships between the perpetrator, victim, and society. The concepts of sulh (peace) and afw (forgiveness) provide space for reconciliation, while diyat (compensation) functions as an instrument for restoring the victim's material rights. Through the islah mechanism, Islamic law encourages social reintegration that allows perpetrators to improve themselves and maintain social harmony. This harmonization between positive law in Indonesia and the values of Islamic criminal law has the potential to become a new paradigm in a more humane and just criminal justice system.
Analysis Of State Finances Within The Framework Of State Administrative Law Maria MT Manurung; Syifa Fajastia
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29343

Abstract

This paper discusses state financial law from the perspective of state administrative law, which plays a crucial role in governance. State finance encompasses all state rights and obligations that can be valued in money, and its management must be orderly, transparent, and accountable. This research aims to understand the definition, scope, position, principles, oversight mechanisms, and responsibilities of administrative officials in managing state finances. The discussion results indicate that state financial law is a subset of public law that regulates the acquisition, management, and use of state funds based on principles of good governance, such as transparency, accountability, efficiency, effectiveness, and legal compliance. Oversight is carried out through internal and external mechanisms by authorized institutions, while accountability is manifested in auditable financial reports. Furthermore, state administrative officials have legal responsibilities that include administrative, civil, criminal, and moral liability. Therefore, state financial law is not merely technical but also a crucial instrument in realizing clean, effective, and accountable governance for the benefit of the public. 
The Concept And Sanctions Of Qodzhaf In Hudud Criminal Law: Hadith Perspective Watni Marpaung; Pairuz Amanina
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29110

Abstract

As a state governed by the rule of law (rechtstaat), Indonesia places law as the primary foundation for the exercise of governmental authority and the protection of citizens' rights. Within this framework, the State Administrative Court (Pengadilan Tata Usaha Negara—PTUN) plays a vital role in ensuring that administrative actions undertaken by government bodies comply with legal principles and the general principles of good governance. This study aims to analyze the position and function of the State Administrative Court within the Indonesian legal system, examine its role in providing legal protection to citizens, and identify the challenges affecting the effectiveness of its authority. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of primary sources, including Law Number 5 of 1986 concerning the State Administrative Court and its subsequent amendments, relevant court decisions, and applicable legislation, supported by secondary and tertiary legal materials obtained through library research. The collected legal materials were analyzed descriptively and analytically. The findings reveal that the PTUN occupies a strategic position as one of Indonesia's judicial institutions responsible for resolving disputes between citizens and government administrative bodies arising from administrative decisions. Beyond adjudicating disputes, the PTUN serves as an important mechanism for judicial oversight, ensuring legality, accountability, transparency, and the implementation of good governance. However, the effectiveness of the PTUN remains constrained by several factors, including limited public awareness of administrative justice mechanisms, restricted access to legal remedies, inadequate enforcement of final court decisions by administrative authorities, and the increasing complexity of administrative disputes in the era of globalization. Therefore, strengthening institutional capacity, improving public legal awareness, enhancing the execution of PTUN judgments, and reforming administrative regulations are essential to optimize the court's role in protecting citizens' rights, promoting legal certainty, and reinforcing the principles of the rule of law in Indonesia.
Islamic Legal Analysis Of Istishn'a Contract Transactions In Buying And Selling Practices Purnama Wahyuni; Riyan Sinaga
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29145

Abstract

This study aims to describe and analyze the Istishna Agreement, a sales transaction carried out in the form of ordering the manufacture of goods or goods with certain specifications and standards to the buyer or ordering party. In Istishna, payment can be made in advance, paid in installments until completion, or postponed until a mutually agreed date. And Istishna is usually applied to products and industrial products. The type of research used is descriptive. Data sources in this study are library research and observation. The results of this study are Istishna sale and purchase transactions that are not widely known. However, without them realizing it, this agreement has been widely realized in their lives such as pre-orders in all online shops with technological media, where they order with the criteria they agree on and then pay according to the time agreed. This sale and purchase is included in the sale and purchase that is permitted in Islam. With Fatwa Fatwa Sharia Council No: 06 / DSN-MUI / IV / 2000.
Contemporary Islamic Jurisprudence Study On Interfaith Marriage: A Review Of Modern Schools Of Thought And Scholars Manswab Mahsen Abdulrahman; Dinda Suciana Rambe; Raja Albar Pandapotan Simatupang
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29128

Abstract

Interfaith marriage has become an increasingly significant issue in contemporary Islamic jurisprudence due to the growing interaction among people of different religious backgrounds in the era of globalization. While Islamic teachings provide legal guidance on marriage, contemporary scholars have sought to reinterpret classical rulings by considering the objectives of Islamic law (maqasid al-shariah) and the realities of modern pluralistic societies. This study aims to analyze the concept of interfaith marriage from the perspective of contemporary Islamic jurisprudence, examine the views of the four major Sunni schools of law and contemporary Muslim scholars, and explore its relevance within the Indonesian legal system. The research employs a qualitative approach using normative juridical and library research methods. Primary data consist of the Qur'an, Hadith, and classical as well as contemporary Islamic legal literature, while secondary data are obtained from scientific journals, books, and Indonesian marriage regulations. The collected data were analyzed descriptively and analytically to identify similarities, differences, and contemporary legal implications. The findings reveal that the four Sunni schools generally prohibit Muslim women from marrying non-Muslim men, while differing opinions exist regarding Muslim men marrying women from the People of the Book (Ahl al-Kitab). Contemporary scholars such as Yusuf al-Qaradawi and Quraish Shihab acknowledge the textual permissibility of such marriages but emphasize that they should be assessed based on public interest, family harmony, and the religious upbringing of children. In Indonesia, interfaith marriages are not legally recognized under Law Number 1 of 1974 because marriage validity depends on compliance with the respective religious laws of the parties involved. The study concludes that although contemporary Islamic jurisprudence provides room for contextual interpretation, the principles of preserving faith, family stability, and social welfare remain the primary considerations in determining the legal status of interfaith marriage.
Online Buying And Selling In The Pre-Order System From An Islamic Legal Perspective Ahmad Nizar Mohammad Syamwil; Mhd Soleh Hasibuan
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29221

Abstract

Online buying and selling using a pre-order system is a modern form of transaction in muamalah activities that has developed along with advances in digital technology. This system allows buyers to place orders and pay in advance, while the goods are delivered at a later date according to the agreement between the seller and buyer. From an Islamic legal perspective, this practice bears similarities to the salam contract, which is a transaction involving advance payment and future delivery of goods. This study aims to analyze the pre-order buying and selling mechanism and assess its compliance with Sharia principles. The results indicate that pre-order transactions are essentially permissible as long as they meet the pillars and conditions of the contract, such as clarity of the goods, price, delivery time, and a clear agreement between the two parties. However, this practice also has the potential to pose risks such as unclear goods, delayed delivery, and elements of gharar (unclear risk), which can harm one of the parties. Therefore, the principles of transparency, honesty, and responsibility are required in its implementation to comply with the values of justice in Islamic law.
Dynamics Formulation Of The Compilation Of Islamic Law And Role In Realizing Legal Certainty In Indonesian Religious Courts. Hasan Munthe; Adrian Seputro Ginting
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29193

Abstract

This study aims to analyze the formulation process and reference sources of the Compilation of Islamic Law and its urgency in the development of Islamic civil law in Indonesia. The background of this study is based on the conditions before the birth of the Compilation of Islamic Law, which were characterized by the absence of uniform legal references in the religious courts, resulting in legal uncertainty due to differences in interpretation by judges who refer to various classical fiqh books. This study uses a normative juridical method with a historical and conceptual approach, through analysis of legal documents, fiqh literature, and jurisprudence practices. The results show that the Compilation of Islamic Law is a product of collective ijtihad formulated through systematic stages, including the study of fiqh books, interviews with scholars, jurisprudence analysis, and comparative studies with Muslim countries. The reference sources of the Compilation of Islamic Law include the Qur'an, Hadith, ijma', qiyas, and various fiqh books from different schools of thought, which are then contextualized with the social conditions of Indonesian society. The presence of the KHI (Compilation of Islamic Law) plays a significant role in achieving legal unification and certainty in religious courts, while also serving as a codification of Islamic law that adapts to the national legal system. Thus, the KHI serves not only as a normative guideline but also as a crucial instrument for harmonizing sharia values and positive law in Indonesia.

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