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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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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 Role of the International Court of Justice in Resolving Disputes Between Countries Abi Dzar Al-Ghifari; Muhammad Rafi Indra Azmi
AT-TAFAHUM: Journal of Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v4i1.29282

Abstract

The International Court of Justice (ICJ) is the principal organ of the United Nations, authorized to peacefully resolve disputes between states. This study aims to analyze in depth the role, function, and effectiveness of the International Court of Justice in resolving international disputes. The research method used is normative legal research with a conceptual approach, legislation, and case studies. The results show that the International Court of Justice has made a significant contribution to maintaining global stability through legal dispute resolution, although it still faces various challenges such as limited jurisdiction and low levels of state compliance with its decisions. Going forward, the International Court of Justice has the opportunity to expand its role in global issues such as environmental disputes, human rights, and maritime conflicts.
Distribution of Zakat At the Baitul Maal Foundation of Bank Rakyat Indonesia (YBM-BRI) Medan Regional Office Towards Victims of the Sinabung Eruption Disaster Dedy Efendi
AT-TAFAHUM: Journal of Law Vol 1, No 2 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v1i2.668

Abstract

Islamic teachings make zakat a form of worship with social aspects to serve as a foundation for building a system that realizes the welfare of this world and the hereafter by integrating it into worship, which means giving a significant role to the belief in faith that controls a believer in his life. In distributing zakat, of course, attention must be paid to the place or location of the zakat target, namely by prioritizing domestic distribution, by conducting local distribution or prioritizing zakat recipients who are in the closest environment to where the zakat funds are collected (muzakki area) or zakat institutions compared to distribution to other areas. The many new, unexpected events, pressing needs of the community, and people who are pressed to meet their living needs are new problems in fiqh, especially zakat. One group that is pressed and in dire need of assistance are victims of natural disasters, where currently many natural disasters are affecting communities in various regions.
The Criminal Acts of Qisas and Diyat from the Perspective of Islamic Law Hasan Munthe; Zaid Alfauza Marpaung
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.v3i1.29104

Abstract

This study aims to analyze the concept of qisas and diyat crimes from an Islamic legal perspective and their relevance in the context of modern law. Qisas is a form of punishment that is proportionate to the perpetrator of a crime, especially regarding the loss of life and body parts, while diyat is compensation or restitution given to the victim or the victim's family as an alternative to implementing qisas. Both concepts have a strong legal basis in the Qur'an and Hadith, which shows that Islamic criminal law has systematically regulated the protection of the right to life. The research method used is normative legal research with a conceptual and legislative approach. The data used are secondary data obtained through literature studies, including primary, secondary, and tertiary legal materials. Data analysis was conducted qualitatively by interpreting and reviewing various relevant legal sources. The research results show that qisas and diyat not only function as sanctions, but also embody the values of justice, humanity, and balance. Qisas provides a deterrent effect and ensures justice for the victim, while diyat opens up space for a more peaceful resolution through forgiveness. In the context of modern law, the concept of diyat shares similarities with the restorative justice approach, which emphasizes restoring the relationship between the perpetrator and the victim. Therefore, the values embodied in qisas and diyat remain relevant for study and can serve as a reference in developing a more humane and just criminal law.
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
Criminal Liability for the Forgery of Marriage Requirements Documents in Indonesia's Positive Legal Perspective Yoyok Adi Syahputra
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.v10i1.30956

Abstract

Forgery of marriage requirements documents is an act that not only disturbs the order of marriage administration, but also has the potential to cause legal consequences for the validity of the marriage as well as the rights and obligations of the parties. In practice, there are still various forms of identity forgery and administrative documents used as a condition for marriage registration, raising problems regarding the application of criminal liability to the perpetrators. This study aims to analyze the form of criminal liability for perpetrators of falsification of marriage requirement documents based on Indonesia's positive law and examine the problems of law enforcement. This research uses normative legal research methods with a statutory approach and a conceptual approach. Legal materials were obtained through literature studies which included primary, secondary, and tertiary legal materials, then analyzed qualitatively using descriptive-analytical methods. The results of the study show that falsification of marriage requirements documents can be held criminally liable if the elements of the crime are met, there is a mistake in the perpetrator, and no justification or forgiving reason is found. Law enforcement against these criminal acts still faces various obstacles, including differences in perception in distinguishing administrative violations and criminal acts, weak coordination between agencies, and the suboptimal system for verifying marriage administrative documents. Therefore, strengthening criminal accountability needs to be carried out through consistent application of the law, strengthening coordination between agencies, digitizing the marriage administration system, and increasing public legal awareness. These efforts are expected to provide legal certainty, protect the integrity of marriage administration, and prevent falsification of marriage requirements documents in Indonesia.
Ottoman Turkish State Practices Imam Mulia Tua Harahap; Cintami Grece Novita Ramadani
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.v8i1.29082

Abstract

This study examines the constitutional system of the Ottoman Empire as a model of government in Islamic history that exerted widespread influence and endured for more than six centuries. This study aims to examine the government structure, factors of progress, and the roots of the decline of the sultanate through a qualitative approach based on library research utilizing various sources of books and scientific journals. The results of the study indicate that the constitutional system of the Ottoman Empire was unique in that it united political and religious authority under one leadership figure, namely the sultan who also served as caliph. The glory of this sultanate was supported by several main pillars, including a solid bureaucracy, effective economic management, and progress in education and science. However, this sultanate ultimately experienced decline triggered by internal factors in the form of prolonged conflict and declining moral values, as well as external factors in the form of geopolitical pressure from the ever-increasing Western powers. It was the accumulation of these various pressures that then drove the transformation towards a secular state, and at the same time marked the end of the Ottoman Caliphate in the history of Islamic civilization.
Muhammad Syahrur's Theory of Limitations as an Effort to Reform Islamic Law Mohammad Amir Bin Wan Harun; Sahdia Tanjung
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.v9i1.29125

Abstract

This study examines Muhammad Syahrur's Theory of Limitations (Naẓariyyah al Ḥudūd) as a contemporary approach to Islamic legal reform. Syahrur argues that the Qur'an establishes minimum and maximum legal boundaries rather than rigid and immutable legal rules, thereby allowing room for ijtihad to respond to changing social realities while remaining within the framework of divine revelation. This research aims to analyze the epistemological foundation of the Theory of Limitations and evaluate its relevance to the development of contemporary Islamic law. The study employs a qualitative library research method using both primary and secondary sources, including Syahrur's original works, scholarly books, and academic journal articles. Data were collected through documentation techniques and analyzed using descriptive analytical and normative approaches. The findings reveal that Syahrur's theory offers a flexible and contextual understanding of Islamic law by integrating textual interpretation with rational, linguistic, and scientific approaches. Through the concepts of al-ḥadd al-adnā (minimum limit) and al-ḥadd al-aʿlā (maximum limit), the theory provides a framework for legal adaptation to contemporary issues such as social justice, gender equality, and human rights without departing from the essential principles of the Qur'an. Although the theory has been criticized for its liberal interpretation and departure from classical jurisprudential methods, it represents a significant contribution to contemporary Islamic legal thought by promoting a dynamic, contextual, and adaptive model of Islamic law.
Changes In Javanese Customary Law From The Perspectives Of Legal Sociology And Anthropology Muhammad Amar Adly; Ghoiril Amri
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.v7i1.29227

Abstract

Javanese customary law is a dynamic value system that reflects the identity and local wisdom of the community. This article aims to analyze the meaning, original form, and transformation of Javanese customary law from the perspective of sociology and legal anthropology. The research methodology uses a qualitative approach with literature review. The results of the study indicate that Javanese customary law is flexible and able to adapt to changing times. However, significant transformations are currently occurring due to globalization, modernization, and interactions with the formal legal system. Striking changes are seen in the shift in social values related to gender equality, the repositioning of women's rights in inheritance and marriage practices, and the modernization of dispute resolution mechanisms. Sociologically, this phenomenon is a response to changes in social structure and urbanization. Anthropologically, these changes demonstrate the efforts of Javanese society to negotiate the preservation of tradition with the demands of modernity in order to maintain the relevance of collective identity in the global era. 
Islamic Economic Dispute Resolution Mohammad Amir Bin Wan Harun; Nazwa Sabrina Naslim
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.v6i1.29071

Abstract

The rapid development of Islamic economics and finance in Indonesia has increased the potential for disputes due to differing understandings of contracts, breaches of contract, and inconsistencies in practices with Islamic principles. This situation demands a dispute resolution mechanism that can guarantee legal certainty while remaining grounded in Islamic values. This study aims to examine the definition and causes of Islamic economic disputes, the principles for their resolution, available mechanisms, and the authorized institutions in Indonesia. The method used is a normative juridical approach with an analysis of Islamic legal sources and relevant legislation. The study results show that, from an Islamic legal perspective, dispute resolution emphasizes the principles of justice (al-'adl), public interest (al-maslahah), and balance (tawazun) through deliberation (shura), reconciliation (sulh), and arbitration (tahkim). Meanwhile, under Indonesian positive law, dispute resolution is conducted through litigation in Religious Courts and non-litigation methods such as mediation and arbitration through BASYARNAS. These two approaches complement each other by ensuring legal certainty, efficiency, and compliance with sharia principles. Thus, the resolution of Islamic economic disputes in Indonesia is an integration of Islamic law and positive law that not only aims to resolve conflicts, but also maintains the values of justice, ethics, and sustainability of the Islamic economy.

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