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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.
Arjuna Subject : -
Articles 153 Documents
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Brawling From the Perspective of Positive Criminal and Islamic Criminal Aicha Azdina Adly Fesya; Khaidar Damanik
AT-TAFAHUM: Journal of Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i1.29076

Abstract

Crime is an unlawful act that violates legal norms and may result in criminal sanctions, including violations of the human right to security as guaranteed by the 1945 Constitution of Indonesia. Criminal law functions to regulate prohibited acts and impose sanctions on perpetrators. From an Islamic perspective, the Qur’an emphasizes values of brotherhood, peace, justice, and prohibits conflicts or disputes without legitimate reasons. This study aims to analyze the resolution of brawls from the perspectives of positive law and Islamic law. The research employs a normative juridical method using a literature study approach by examining laws, regulations, legal doctrines, and Islamic legal sources related to juvenile delinquency and criminal acts involving brawls. The findings indicate that the handling of brawls, which generally involve children and adolescents, requires special protection in accordance with applicable laws and regulations. Such protection includes humane treatment, the provision of legal assistance, safeguarding children’s rights during legal proceedings, and avoiding excessive or severe punishment. In addition, restorative and preventive approaches are considered important in addressing juvenile involvement in brawls. The study also highlights that the effectiveness of resolving brawls is influenced by the role of law enforcement officers, family supervision, educational institutions, and public legal awareness. Therefore, collaboration among these parties is necessary to prevent and reduce the occurrence of brawls while promoting justice, protection, and social harmony.
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.
Shadaqah Obligah as a Reconstruction of the Settlement of Inheritance Disputes Between Daughters and Brothers of the Heirs in the Perspective of Islamic Inheritance Law in Indonesia
AT-TAFAHUM: Journal of Law Vol 10, No 1 (2026)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v10i1.30963

Abstract

Disputes over the distribution of inheritance between daughters and heiress brothers are still one of the issues that often cause conflict in the practice of Islamic inheritance law in Indonesia. The difference in views between classical jurisprudence, the Compilation of Islamic Law (KHI), and the jurisprudence of the Supreme Court has led to the lack of uniformity in the settlement of the case. On the one hand, Sunni jurisprudence gives  the right to a brother as an 'ashabah when the heir only leaves a daughter, while on the other hand, the development of Supreme Court jurisprudence places girls as heirs who can hijab the heir's brother. These differences not only cause legal uncertainty, but also trigger disharmony in family relationships. This study aims to analyze the development of regulations regarding the position of girls to male heirs in Islamic inheritance law in Indonesia and offers a settlement model that is more oriented towards substantive justice and family benefits. The research uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach through an analysis of the Compilation of Islamic Law, Supreme Court decisions, classical jurisprudence literature, and contemporary Islamic legal doctrines. The data was analyzed qualitatively using the theory of maslahah and maqāṣid al-syarī'ah as the analysis knife. The results of the study show that both the classical fiqh approach and the Supreme Court's jurisprudence approach have not been fully able to resolve the social conflicts that arise in the practice of inheritance distribution. Therefore, this study offers a reconstruction of dispute resolution through the concept of obligatory shadaqah, which is the giving of part of the property to the heir's brother not as an inheritance right, but as a form of giving based on the principles of benefit, propriety, and family sincerity. The model is able to maintain a balance between legal certainty, substantive justice, and harmony of family relations without changing the normative provisions regarding inheritance that have been established in Islamic law.
Philosophy of Science and Law: Integrating Science in Realizing the Art of a Just Life Chifa Azyana Adly Meknesya; Amanda Zahra Marpaung
AT-TAFAHUM: Journal of Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i1.29172

Abstract

This study aims to examine the role of the philosophy of science in the legal realm as a means to realize a just way of life. Science plays a fundamental role in shaping, developing, and directing the legal system so that it is not merely normative, but also responsive to social dynamics. Through a philosophical approach, law is not seen simply as a set of rules, but as a reflection of core values such as justice, morality, and freedom. The research method used is a literature review, by analyzing key concepts of the philosophy of science and their application in law. The research findings show that the integration of various disciplines, such as philosophy, sociology, and psychology, contributes to a more comprehensive understanding of law, increases the effectiveness of law enforcement, and supports the development of a just and human-centered legal system. Furthermore, knowledge also plays a crucial role in legal education, both at the academic and practical levels, to produce competent human resources with high integrity. Thus, the philosophy of science emerges as an essential foundation in making law part of the art of living that is capable of bringing justice to society.
Comparison of the Concept of Maslahah in the Thought of At-Thufi and Al-Syathibi and its Relevance in Islamic Law Ayu Juniaty Siregar; Rina Solin
AT-TAFAHUM: Journal of Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v8i2.29112

Abstract

This study discusses the comparative concept of maslahah in the thoughts of Najm al-Din al-Tufi (At-Thufi) and Abu Ishaq al-Syathibi and its relevance in the development of Islamic law. Maslahah as an important principle in ushul fiqh has a strategic role in establishing laws that are in accordance with human needs and changes in shari'a. At-Thufi tends to give a strong position to maslahah, even in certain conditions it can be prioritized over dzanni texts, especially in the realm of muamalah. Meanwhile, Al-Syathibi places maslahah as the main objective of sharia (maqasid al-shari'ah) which must remain within the corridor of the text and not contradict the qath'i argument. This study uses a qualitative method with a library research approach through analysis of classical and contemporary ushul fiqh literature. The results of the study show differences in epistemological approaches between the two, but both emphasize that maslahah is the core of the objectives of sharia. The relevance of both of their thoughts is very important in answering the dynamic and complex issues of contemporary Islamic law.
Outline Of The Development Of Military Criminal Law In Indonesia Misdin Arifin HM; Dian Safitri Ginting
AT-TAFAHUM: Journal of Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i2.29147

Abstract

This study aims to examine the broad development of military criminal law in Indonesia using normative legal research methods. The approaches employed include legislative and historical approaches to trace the dynamics of military criminal law regulation from the colonial period to the modern era. The results indicate that military criminal law in Indonesia was initially an adoption of the Dutch colonial legal system, which was then maintained and adapted after independence. Over its development, military criminal law has undergone a transformation toward a more modern national legal system while retaining its distinctive characteristics as an instrument for enforcing discipline in the military environment. However, this development also faces various challenges, such as the dualism between military criminal law and general criminal law and the suboptimal updates to the Military Criminal Code (KUHPM). Furthermore, there is a need to align military criminal law with the principles of the rule of law, transparency, and human rights protection. Therefore, efforts to reform regulations and harmonize laws are needed to create a more effective, just, and accountable justice system. This research is expected to contribute to the development of military criminal law in Indonesia and serve as a reference for further research.
Review of Islamic Criminal Law on the Crime of Rape Aniksya Nabila Safikoh; Yusuf Harahap
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29344

Abstract

This article aims to comprehensively discuss and assess the crime of rape within the context of Indonesian criminal law. The crime of rape is regulated under Article 285 of the Indonesian Criminal Code, which encompasses various elements that must be met, one of which is the element of violence. This element of violence is the main distinguishing factor between rape and other moral violations regulated in the Criminal Code. In the justice system, law enforcement officers impose appropriate penalties on perpetrators of sexual violence to uphold the rule of law, maintain social order, and provide a deterrent effect so that perpetrators do not repeat their actions, while also serving as a deterrent so that others do not commit similar acts.
Maqasid ash-Syariah Approach to Jarimah Al-Riddah Imamuddin Imamuddin; Raja Siahaan
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29345

Abstract

The research method used is qualitative with a normative juridical approach through literature study. Data were obtained from Islamic legal sources such as the Qur'an, hadith, and relevant classical and modern fiqh literature. Data analysis techniques were carried out descriptively and analytically by examining the concept of jarimah al-riddah and linking it to the principles of maqashid sharia, such as hifz al-din, hifz al-nafs, and hifz al-'aql. The results of the study indicate that the maqashid sharia approach provides a more comprehensive and contextual understanding of jarimah al-riddah. It is not only understood as a violation of religion, but must also consider the protection of human rights, freedom of belief, and the public interest. Therefore, a wise and proportional interpretation is needed so that the application of the law remains in line with the main objectives of sharia, namely realizing justice and avoiding harm.  
Inclusion of Ethics in the Academic Community in the World of Higher Education Imamuddin Imamuddin; Adira Rizqi Ananda
AT-TAFAHUM: Journal of Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Education is a means and also an effort to change behavior humans (students) become better. This is because in the world education, especially higher education, does not only provide teaching to students but must also include the formation of attitudes and personality, which is important in facing the nation's moral crisis Indonesia. For this reason, education has a responsibility that is not light to prepare human resources to build the country development always closely related to developments in the times and always gives rise to new problems that have never been thought about before but still need to be addressed wisely and elegantly. The inclusion of ethics and cultural values is an effort in order to help humans to instill moral or ethical values good things in everyday life so that it will form a good individual understand moral values, be dignified and have good character and have commitment to act consistently.
Implementation Of Islamic Values In The 2019 Election In Indonesia Fauza Qadriah; Raihansyah Hafidz Siswoyo
AT-TAFAHUM: Journal of Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i2.29127

Abstract

This paper examines issues related to Islamic politics within the context of a culturally diverse country, particularly Indonesia, where religion and politics often intersect in shaping social and governmental structures. In Islamic perspectives, politics functions as an instrument to maintain justice, social harmony, and public welfare. However, many people perceive politics negatively, associating it with power struggles, manipulation, and practices inconsistent with moral or religious values. Consequently, politics is often viewed as something that should be avoided, despite its significant role in religious and societal life. This condition raises important questions regarding how the quality and implementation of Islamic political values influence the electoral system in Indonesia. The rapid development of Islamic political discourse, accompanied by various interpretations and hypotheses, indicates that politics grounded in Islamic principles should reflect justice, equality, deliberation, and the protection of rights for all members of society. Therefore, understanding the relationship between Islamic politics and democratic processes becomes increasingly important in contemporary Indonesia. This study employs a normative-sociological approach by analyzing legal norms alongside social realities through exploratory methods. Data were obtained from interviews with informants and supported by secondary sources, including books, scientific journals, and other academic literature. The findings are expected to provide a broader understanding of the role of Islamic political values in strengthening democratic practices and promoting a fair and inclusive electoral system in Indonesia.

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