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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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Ruling on Prayer That Is Not in Accordance With the Direction Of The Qibla: Case Study of Mosques in Sidamanik District Rizki Muhammad Haris
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.v1i2.669

Abstract

The main problem in this paper is the difference in the direction of the Qibla among society, especially in Indonesian society, triggered by the change in the direction of the Qibla in the Indonesian region, which initially faced west and then northwest. With the advancement of technology at that time This makes determining the direction of the Qibla easy, as facing the Qibla is a valid requirement for performing prayer; there is no difference of opinion among scholars on this matter. Imam Shafi'i is of the opinion that one must face the Qibla correctly. If one is wrong, one must repeat the prayer once and for all. Another opinion states that there is no need to repeat a prayer once it has already been performed, as long as it is not intentional and does not negate efforts to find the correct direction of the Qibla. This is the opinion of Imam Malik and Abu Hanifah. However, in this case, Imam Malik recommends repeating the prayer (with the wrong direction of the Qibla) at its proper time.
Law Enforcement Against Violence (Engenrichting) Aniksya Nabila Safikoh; Rida Arantika
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.v3i2.29177

Abstract

Indonesia is one of the largest archipelagic countries in the world and a country based on the rule of law. This means that all aspects of life within the territory of the Republic of Indonesia must be based on law. This is in accordance with Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Therefore, everything, including vigilance operations, must be carried out in accordance with the provisions that have been made. Mob violence, also known as vigilantism (Engenrichting), is an arbitrary act carried out by individuals or groups who commit acts of violence or abuse against someone known to have committed an unlawful act without being handled through the existing legal process. Criminal prosecution of those who commit acts of violence and abuse is an unlawful act that must be handled according to existing laws and regulations. In fact, legal norms serve as guidelines for every individual to relate to the law in living in society and the nation. In reality, criminal prosecution related to vigilantism, including in Articles 170 and 351 of the Criminal Code, has not been reflected. Scientists have used normative legal research methods, namely by using data obtained from existing sources and data obtained directly as well as two additional data from the results of interviews with two legal experts. The results of the study are explained as follows: (a) Criminal prosecution of vigilantes who have met the criteria of Article 170 of the Criminal Code concerning violence or Article 351 of the Criminal Code concerning assault must be followed up with established legal provisions, in order to create criminal prosecution, legal certainty, and justice for the victims. (b) Vigilantes have an impact on the law no longer functioning as it is in Indonesia and are contrary to the theory of the rule of law. Taking action alone can have a negative impact on the victims, both those who suffer minor or serious injuries, physical disabilities, mental disabilities, and death. Therefore, to achieve law enforcement, it is necessary to strengthen the law that should be for everyone. So that they can understand the difference between their rights and obligations, and law enforcement agencies need to improve their skills in enforcing the existing law.
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.
Comparative Analysis of Divorce in the Perspective of Islamic Law and Indonesian Positive Law Muniruddin Ritonga
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.v10i1.30966

Abstract

Divorce is a form of marital breakdown that is recognized in Islamic law and positive law in Indonesia. Although they have the same goal as a last resort in resolving domestic conflicts, the two legal systems have differences in setting legal terms, procedures, and consequences. This study aims to analyze divorce arrangements from the perspective of Islamic law and positive Indonesian law and examine their legal implications on the rights and obligations of the parties after divorce. The research uses normative legal methods with a legislative approach and a conceptual approach. Legal materials are obtained through literature studies which include laws and regulations, Compilations of Islamic Law, books, and scientific journals related to marriage law. All legal materials are analyzed qualitatively using descriptive-analytical methods. The results of the study show that Islamic law and positive law in Indonesia both place divorce as a last resort after peace cannot be realized. The difference lies in the implementation mechanism, where Indonesia's positive law requires that every divorce be decided through a Religious Court as a form of legal protection for the parties. Research also shows that divorce has legal consequences for child custody, alimony, and the rights and obligations of ex-spouses. Therefore, the harmonization between the principles of Islamic law and positive Indonesian law is an important factor in realizing legal certainty, justice, and protection of the rights of the parties after divorce.
Review of Human Rights Theory in Philosophical and Legal Perspectives Hendra Busriani; Asti Nurul Puspita
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.v8i1.29116

Abstract

Human Rights (HAM) are rights that every person possesses from birth, granted by God Almighty. They are fundamental rights that belong to every individual and should not be interfered with. However, in practice, human rights cannot be fully implemented because they must consider the public interest, the rights of others, and public order. This article examines the meaning of human rights from an etymological perspective, expert views, and legal provisions at the national and international levels. Furthermore, this article discusses the limitations of human rights, which refer to the principles of legality, proportionality, and the public interest. These concepts are drawn from the thoughts of figures such as Hobbes, Locke, Rousseau, and also the theory of utilitarianism. Therefore, restrictions on human rights are considered legitimate if the goal is to protect the rights of others and maintain balance in national and state life.
Jinayah Classification Based on Hadith Hisam Ahyani; Siti Azizi Z Matondang
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.v9i1.29122

Abstract

This study aims to analyze the classification of jinayah in Islamic criminal law based on the hadith as the second source of law after the Qur'an. Jinayah is a criminal act that harms the soul, body, or human honor. This study uses a descriptive qualitative approach by examining the hadith literature and the views of Islamic jurisprudence scholars. The results of the study indicate that jinayah is divided into three main categories, namely hudud jinayah, qishash-diyat, and ta'zir. Hudud jinayah is a criminal act with sanctions that have been clearly determined in the Qur'an and hadith and cannot be changed. Qishash-diyat jinayah relates to violations against the soul and body with sanctions in the form of retribution or diyat that can be forgiven by the victim or heirs. Meanwhile, ta'zir jinayah is a criminal act whose sanctions are not explicitly determined in the texts and are left to the discretion of the judge or ruler. The differences between the three lie in the source of legal determination, the nature of the sanctions, and the authority in imposing punishment. Thus, the classification of jinayah based on hadith shows the flexibility and firmness of Islamic law in maintaining justice and the benefit of society.
Consumer Protection in Modern Transactions: A Review Islamic Criminal Law on Breach of Contract David Nwanna Dumbiri; Ratu Naira Lubis
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.v7i1.29121

Abstract

This study aims to construct a deep understanding of consumer protection in contemporary muamalah practices through the perspective of Islamic criminal law, with a focus on various forms of contractual deviations that have the potential to cause economic and moral losses. The digital transformation in modern economic activities and the increasing complexity of transaction models have opened up space for unlawful acts, such as fraud (tadlis), uncertainty of contractual clauses (gharar), information manipulation, and fraudulent practices (ghabn). In Islamic criminal law, these forms of violations are classified as ta'zir crimes, namely crimes for which the determination of sanctions is left to the competent authorities in order to maintain public order and welfare. This study uses a literature study method by examining primary and secondary sources from Islamic legal thinkers such as Wahbah az-Zuhaili, Abdul Qadir Audah, and Muhammad Abu Zahrah. The results of the analysis show that Islamic criminal law offers a comprehensive normative framework for consumer protection by upholding the principles of justice, transparency of contracts, and prevention of exploitation. The flexibility of the ta'zir concept also provides room for adjusting the types of sanctions to the dynamics of technology and social needs, including in the context of digital transactions. This study concludes that the integration of fiqh muamalah and fiqh jinayah is a relevant approach to strengthen the consumer protection system in the modern era. This framework not only fills the gap in regulations in the categories of hudud and qishas-diyat, but also confirms that Islamic criminal law is normative and adaptive to the development of contemporary economic practices.
The Importance of Tabbayyun in Countering Hoax Information in the Digital Era Muhammad Ikhlas Bin Rosele Lubis; Aura Ajrina Dalimunthe
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.v6i1.29120

Abstract

The rapid advancement of information technology and digital communication has significantly transformed the way people access and disseminate information. While digital platforms facilitate fast and widespread information exchange, they have also accelerated the proliferation of hoaxes and misinformation, which can mislead the public, create social unrest, and undermine public trust. In this context, the Islamic principle of tabayyun (verification) offers a relevant ethical framework for addressing the challenges posed by the digital information era. This study aims to examine the importance of tabayyun as a strategy for preventing the spread of hoaxes and promoting responsible digital communication. The research employs a normative juridical approach using descriptive-analytical methods. Data were collected through library research by examining primary sources, including the Qur'an and Hadith, as well as secondary sources such as books, scientific journals, and other relevant literature. The findings indicate that the implementation of tabayyun encourages individuals to verify information before accepting or disseminating it, thereby reducing the spread of misinformation. The study also reveals that digital literacy plays a significant role in strengthening the effectiveness of tabayyun, as individuals with higher levels of digital literacy are more capable of identifying unreliable sources, recognizing misleading content, and critically evaluating information. Furthermore, social influences, technological developments, and the rapid circulation of information present additional challenges to practicing verification consistently. The study concludes that tabayyun is not merely a religious obligation but also an essential digital literacy competency that integrates ethical values with critical thinking skills. Strengthening public awareness through education, digital literacy programs, and collaboration among government institutions, educational organizations, religious leaders, and digital platforms is essential for fostering a healthy, responsible, and trustworthy digital information ecosystem while minimizing the harmful impacts of hoaxes in contemporary society.
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.
Public Service Bintang Muhammad Faan Tarigan; Nur Fauzi
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.v4i1.29220

Abstract

Public service is one of the main indicators of the quality of government administration and the fulfillment of basic rights of the people by the state. As public demands for fast, transparent, and quality services increase, the government is required to improve the public service system through the application of good governance principles, bureaucratic reform, and technology-based service innovation. This study aims to analyze the dynamics of public services in the context of modern government administration, specifically the factors that influence service quality and efforts to improve it. The research method used is a qualitative study with a library research approach, with data obtained from accredited national scientific journals, reference books, and relevant official documents from the last five years. The research stages include determining the focus of the study, collecting library materials, and descriptive-analytical data analysis. The results show that the quality of public services is significantly influenced by the application of the principles of transparency, accountability, fairness, and professionalism of the apparatus. In addition, bureaucratic reform, service innovation, strengthening human resource capacity, and the use of digital technology have been proven to increase the effectiveness, efficiency, and public satisfaction with public services. This research is expected to provide theoretical contributions to the development of public administration science and practical recommendations for improving the quality of public services in Indonesia.

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