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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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Principles of Islamic Law Dinda Suciana Rambe; Eviana Sagala
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.v6i2.29149

Abstract

This study aims to analyze the principles of Islamic law as the basic principles in the formation and application of law derived from the Qur'an, Hadith, and the ijtihad of scholars. The research method used is normative legal research with a statutory and conceptual approach, through a literature study of various primary, secondary, and tertiary legal sources. The results show that the principles of Islamic law play a crucial role in realizing the objectives of sharia (maqashid al-syari'ah), namely protecting religion, life, intellect, descendants, and property. These principles reflect fundamental values such as justice, benefit, legal certainty, and flexibility in facing current developments. Apart from that, there are special principles such as eliminating difficulties (nafyu al-haraj), reducing legal burdens (qillat al-taklif), and establishing laws in stages (tadarruj), which show that Islamic law is adaptive, humane, and not burdensome. The application of these principles makes Islamic law remain relevant in various social conditions in society. Thus, the principles of Islamic law not only function as a normative basis, but also as a practical guideline in creating laws that are just, balanced, and oriented towards the welfare of the people.
Analysis of the Hadith On Hudud Crimes: A Study of the Prohibition Alcoholic Beverages From an Islamic Legal Perspective Aniksya Nabila Safikoh; Yardah Annissi Ahdy Sitorus
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 | DOI: 10.47006/attafahum.v5i2.29117

Abstract

This study aims to analyze hadiths related to hudud crimes, particularly the prohibition on drinking alcohol from an Islamic legal perspective. Alcohol is any type of intoxicating beverage that is prohibited in Islam because it can damage the mind and cause various negative impacts, both for individuals and society. This prohibition is not only based on the Qur'an, but also emphasized in the hadith of the Prophet Muhammad SAW, which states that everything that intoxicates is haram. The research method used is qualitative research with a library approach, through a review of related hadiths and fiqh jinayah literature. The results show that drinking alcohol is included in the category of hudud crimes that are subject to strict sanctions in the form of caning as a form of deterrent and prevention. In addition, alcohol is also seen as a source of various crimes because it can reduce a person's awareness and self-control. From an Islamic legal perspective, the prohibition of alcohol aims to maintain the mind (hifz al-'aql) as part of the maqashid sharia.
The Dynamics of Enforcement of State Administrative Law through the PTUN in Realizing Good Governance in Indonesia Khairunnisa Siregar; Livia Maylisandi
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.v4i2.29140

Abstract

The enforcement of state administrative law (PTUN) is a crucial element in realizing good governance and ensuring the implementation of the principles of the rule of law as mandated by the 1945 Constitution. This study aims to analyze in depth the concept of PTUN, its implementation mechanisms, factors that influence its effectiveness, as well as obstacles and innovative solutions in the Indonesian context. A normative juridical approach is used by reviewing legal literature, laws and regulations such as Law No. 30 of 2014 concerning State Administration and Law No. 5 of 1986 concerning PTUN (as amended), as well as state administrative law doctrine. The results of the study reveal that PTUN is not limited to the imposition of administrative sanctions alone, but includes preventive dimensions (prevention through education), corrective (improvement of procedures), and repressive (action through the courts). The main mechanisms include the application of general principles of good governance (AUPB) such as legality, proportionality, and legitimate trust, the legitimate use of discretionary authority, orderly administrative procedures, and legal remedies through the State Administrative Court (PTUN) and supervisory institutions such as the Ombudsman. However, in practice, these challenges face serious obstacles, such as low legal awareness among state civil servants (ASN) and the public, overlapping regulations between laws, a weak internal-external oversight system, and structural corruption that undermines institutional independence. External factors such as disparities in regional resources also exacerbate the situation. Therefore, strategic solutions are proposed in the form of regulatory harmonization through revisions to the omnibus law, increasing ASN professionalism through ongoing training, transparency in public services through digital platforms, and strengthening the role of civil society and the media in participatory oversight. With this implementation, the PTUN is expected to create a transparent, accountable, responsive, and just government, in line with the vision of Golden Indonesia 2045.
Orphans As Mustahik Of Zakat in Sipirok District Tapanuli Regency South: A Study Of The Sociology Of Law Ilham Dani Siregar
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v1i1.756

Abstract

Zakat is an obligation for every Muslim who has a purpose and objective.to share with those who are less fortunate. From a social perspective, zakat is prescribed with the aim of eradicating poverty and destitution among Muslims, so that Allah SWT. makes rules and provisions in the distribution of zakat such as the time and amount of zakat that must be paid. Allah also determines the people who are entitled to receive zakat, so that the zakat is right on target and to avoid errors in its distribution as happened in Sipirok District, South Tapanuli Regency. Muzakki makes orphans as mustahik zakat and even prioritizes them over mustahik zakat mentioned in the Quran. How is the implementation and what are the factors causing the Muslim community in Sipirok District, South Tapanuli Regency to make orphans as mustahik zakat and even prioritizes them over other mustahik zakat.
Legal Protection Model for Victims of Sexual Violence at Universities Case Study: UIN North Sumatra Farhan Fathur Rahman; Himmatul Khoiriyah
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.25184

Abstract

In Indonesia, sexual violence is nothing new. It occurs not only in the workplace, family, and community. Sexual violence also occurs in universities. This is the reason for the issuance of Regulation of the Minister of Education, Culture, Research, and Technology Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education, which requires every university to develop policies regarding the protection of victims of sexual violence in universities. Therefore, the purpose of this study, by examining this incident, is to clarify the Legal Protection Model for Victims of Sexual Violence at the State Islamic University of North Sumatra. The research method used in this study is the Empirical Juridical method with the Statue Approximation approach. After conducting the study, it was discovered that the protection received by victims of sexual violence at the State Islamic University of North Sumatra is in the form of assistance and guarantees of identity confidentiality. Victims of sexual violence also receive legal certainty from the perpetrator and also receive physical and psychological recovery as a result of the sexual violence they experienced.
Rewards For Deeds According to the Claims In East Aceh Regency Ibnu Mukti; Achyar Zaen
AT-TAFAHUM: Journal of Law Vol 2, No 2 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i2.5173

Abstract

This study aims to know the concept of reward practice to others according to mazahibul ar-ba'ah, the proposed reward deeds of deeds to others, the legal basis of reward practice according to scholars in the district of East Aceh. This study uses a qualitative method. The process of collecting data is done by field study. In analyzing the data the researcher uses qualitative analysis technique with the steps of data exposure, observation, interview, documentation, and conclusion. The results of the study found that: (1) The concept of rewarding the deeds to others according to the mazahib al ar-ba'ah that the Hanafi scholars that sending the reward of recitation of the Qur'an to the legal deceased is allowed. While Imam Malik asserted, that awarding the reward of charity to the legitimate law is prohibited and the reward is not up and does not benefit the dead. The famous opinion of Imam As-Shafi'i that he did not forbid grant recitation of the Qur'an to the dead and will arrive. While in the Bahali madhhab, there are two opinions. Some religious clerics allow and some forbid. (2) The proposition of reward of deeds to others is Surah al-Hashr verse 10. In the hadith narrated by Abu Hurairah (3) The opinion of ulama in the District of East Aceh against the reward of reward of practice to others that may and will be up to fahala to others, even in practice there are some practices that have been done by the people of East Aceh when there are people who died, including tahlil, read Al-Qur'an, alms, badal hajj, until there are most people who give kafarah and fidiyah well it is for prayer or for fasting that is not done and does not have time to diqadha while still alive. This is done by the people of East Aceh Regency, becoming a habit when there are people who die because they believe they will increase the reward to others with fatwas and explanations from the scholars in the local District.
Understanding Contemporary Fiqh: Its Meaning and Scope in Responding to the Challenges of the Times Erwinsyah Putra; Fera Aisah Bancin
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.v8i2.29069

Abstract

Contemporary Islamic jurisprudence (fiqh) is a branch of Islamic law that has evolved in line with the dynamics of modern life. This study aims to understand how Islamic law can respond to various new issues not explicitly discussed in classical sources. This research aims to examine the meaning of contemporary Islamic jurisprudence and its scope in responding to the challenges of the times. The method used is a library study by analyzing various literature related to Islamic jurisprudence and the development of modern Islamic law. The results of the study indicate that contemporary Islamic jurisprudence focuses not only on understanding texts but also considers the social, cultural, economic, and technological contexts developing in society. The scope of contemporary Islamic jurisprudence encompasses various aspects of life, such as sharia economics, bioethics, information technology, and social issues. With a flexible approach while remaining grounded in the Qur'an and Hadith, contemporary Islamic jurisprudence is able to provide relevant and adaptive solutions to modern problems. Therefore, a deep understanding of contemporary Islamic jurisprudence is essential for Muslims to be able to face the changing times without abandoning sharia values.
Dynamics of Islamic Law: The Role of Fiqh Principles and Rules in Contemporary Issues Eko Widiansyah; Riza Aulia
AT-TAFAHUM: Journal of Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v9i1.29114

Abstract

Islamic law is a legal system derived from revelation and has unique characteristics that distinguish it from other legal systems. This study aims to analyze the basic principles and fundamental rules of Islamic law that serve as the basis for establishing and implementing law. The method used is qualitative research with a normative approach through a review of classical and contemporary literature. The results of the study indicate that the basic principles of Islamic law include justice (al-'adl), benefit (al-maslahah), legal certainty, and flexibility in responding to developments. Meanwhile, the rules of Islamic jurisprudence such as al-umur bi maqaṣidiha, al-ḍarar yuzal, al-yaqin la yazulu bi al-shakk, al-mashaqqah tajlib al-taysir, and al-'adah muḥakkamah play an important role in building a systematic and applicable legal framework. These principles and rules serve not only as guidelines for legal istinbaṭ but also as instruments for addressing contemporary legal issues contextually. Therefore, a comprehensive understanding of the basic principles and rules of Islamic law is crucial for realizing laws that are just, relevant, and responsive to societal dynamics.
The Influence of Islamic Business Ethics on Criminal Liability: A Transactional Analysis Dinda Suciana Rambe; Putri Nurlaili
AT-TAFAHUM: Journal of Law Vol 7, No 1 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i1.29064

Abstract

This study examines the influence of Islamic business ethics on corporate criminal liability in the context of business law in Indonesia using a normative legal research approach (doctrinal research). The main focus is the principles of muamalah as the foundation of Islamic business ethics that demand justice, trustworthiness, and moral responsibility in corporate activities. This study examines the construction of the element of fault (mens rea) and its relevance in determining corporate criminal liability based on Indonesian positive legal norms. In addition, this study evaluates the application and modification of criminal sanctions in business crime cases that consider the corporation's efforts to comply with or violate muamalah principles. The results of this study are expected to provide a deeper normative understanding of the integration of Islamic ethics in the corporate criminal law system, while also providing recommendations for criminal policy reform that is more responsive to muamalah values.
The Position Of Legal Philosophy From The Viewpoint Of Islamic Legal Science Wahida Ariyanti Nasution; Adinda Putri Hutabarat
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i1.29101

Abstract

Legal philosophy is an important part of the legal scientific framework, serving to answer fundamental questions about the nature of law, its purpose, and its underlying values. From an Islamic perspective, legal philosophy holds a strategic position as a tool for understanding the sharia values that underlie God's laws. This study aims to outline the position of legal philosophy within the perspective of Islamic legal science. A qualitative approach using a literature review method was used in this paper. The results of the study indicate that Islamic legal philosophy occupies a fundamental position as a foundation for formulating and interpreting law, as well as a link between divine revelation and human rationality. Thus, Islamic legal philosophy addresses not only legality but also the morality and spirituality of law

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