Article Per Year (5 Year)
p-Index From 2021 - 2026
1.642
P-Index
This Author published in this journals
All Journal Ahkam: Jurnal Ilmu Syariah Al-Mizan (e-Journal) Indonesian Journal of Islam and Muslim Societies Jurnal Pekommas SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Cita Hukum Wawasan : Jurnal Ilmiah Agama dan Sosial Budaya Al-Ihkam: Jurnal Hukum dan Pranata Sosial Musawa : Jurnal Studi Gender dan Islam Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum TAHKIM Arumbae: Jurnal Ilmiah Teologi dan Studi Agama Legal Studies Journal
La Jamaa
Fakultas Syariah Dan Ekonomi Islam IAIN AMBON
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 29 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 10 Documents
Search
Journal : TAHKIM

 1 
PENALARAN HUKUM ISLAM TERHADAP DONOR DARAH ANTAR ORANG BERBEDA AGAMA Jamaa, La
TAHKIM Vol 10, No 2 (2014)
Publisher : TAHKIM

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

Abstract

Blood transfusion is closely related to the function of human caliphate on the earth at building harmonious relations and benefit for the humanity among fellow, without being limited by differences in belief (religion) between the donor and the recipient. Therefore, blood donor between people of different faiths in the Islamic law perspective is allowed. Similarly the financing at Blood Donor Unit at PMI for the benefit of blood transfusion, is not identical with commercialization (purchase) of blood, so it is allowed in the Islamic law. In addition, blood donors did not lead to the legal consequence in form of the forbidden status of the donor and recipient. Key words: blood transfusion, donor, recipient, different religions, Islamic law
KEKERASAN DALAM RUMAH TANGGA: PENGARUHNYA TERHADAP PENDIDIKAN KARAKTER ANAK DAN SOLUSINYA PERSPEKTIF ISLAM Jamaa, La
TAHKIM Vol 9, No 1 (2013)
Publisher : TAHKIM

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

Abstract

The occurrence of domestic violence is considered had bad influence, either directly or indirectly to various acts of violence in the community, either fighting between the learner/student, motorcycle gang and between villages/areas as well as gangsterism in the community. It shows that domestic violence most affect the children's educational character. As the children learn and imitate and acquire knowledge of the use of violence at solving the problems. The children can learn and imitate from the violence acts committed by father to their mother, and peers, teachers/lecturers against him. To minimize the adverse effects of domestic violence, according to Islam is needed a solution through the children character education in three ways, namely: (1) choosing a husband/wife who has a good religiosity, (2) prevent children from the domestic violence atmosphere, especially when both parents are quarreled, and (3) provide the exemplary in doing good to the children from early age by combining the knowledge aspect of goodness, feel, and love the goodness and action (practice the goodness) so that children have good character, and did not wish doing violence to someone else. Keywords: domestic violence, character education
PENANGGULANGAN KEKERASAN DALAM RUMAH TANGGA DALAM PANDANGAN MASYARAKAT KABUPATEN MALUKU TENGAH Jamaa, La; Lateni, Anwar
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.619

Abstract

Even though the government has enacted Law Number 23 of 2004 concerning the Elimination of Domestic Violence, domestic violence continues to occur in the community. Because it requires community involvement. In this regard the muslim community of Salahutu sub-district, Leihitu and West Leihitu Central Maluku regency have their own solutions in dealing with violence in the intended household through the utilization of local wisdom called saudara kawin (brother married). Brother married are able to overcome the problems of the married sister’s household problem, including preventing the husband from committing violence to his wife. So there is no need for efforts to combat domestic violence at the repressive stage by law enforcement.
STUDI TERHADAP FATWA MAJELIS ULAMA INDONESIA BIDANG SOSIAL KEMASYARAKATAN DAN IPTEK Jamaa, La
TAHKIM Vol 16, No 2 (2020): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v16i2.1648

Abstract

Keberadaan Majelis Ulama Indonesia sangat strategis dalam merespon berbagai dinamika perkembangan hukum Islam di Indonesia yang ditimbulkan oleh perkembangan kemajuan IPTEK. Dalam kaitan ini MUI meresponya dengan mengeluarkan fatwa. Fatwa MUI dalam bidang sosial kemasyarakatan dan IPTEK menggunakan maslahah al-ummat dengan mengesamping zahir ayat yang membolehkan perkawinan antara laki-laki muslim dengan wanita ahlul kitab. Dalam fatwa MUI digunakan tiga pendekatan yaitu pendekatan bayani dengan sistem analisis isyarat al-nas, dan amar serta nahy; metode analisis istidlal, dan pendekatan analisis istislahi dengan fathu al-zari’at terhadap kebolehan pelaksanaan Keluarga Berencana, serta sadd al-zari’at, terhadap keharaman penggunaan aborsi dan sterilisasi sebagai alat kontrasepsi Keluarga Berencana serta tekstual hadis dan pertimbangan rasio dalam fatwa kehalalan penyembelihan hewan secara mekanis. Kata kunci: metode fatwa, MUI, hukum Islam kontemporer
ASAS PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA KORUPSI (PERSPEKTIF HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM) Gazali Rahman; La Jamaa
TAHKIM Vol 15, No 2 (2019): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v15i2.2702

Abstract

This study examines the main problems; “How the principle of reversed of proof in corruption perspective Indonesian criminal law and Islamic criminal law?” The problem was studied by juridical, and shariah approach, and analyzed by qualitative descriptive. Data were collected through library research. The results showed: the principle of reversed of proof in corruption perspective Indonesian criminal law, has implied in Law No. 3 of 1971, and Law No. 31 of 1999 jo. Law No. 20 of 2001. However, the Corruption Court in Indonesia have yet to implement the principle of reversed of proof in corruption to the fullest. Islamic criminal law also adheres to the principle of reversed of proof in corruption. It can be explored from dalalah 'ibarah Koran Surah Al-Nisa verse 135, also the story of Prophet Yusuf evidence on charges Zulaikha in Koran Surah Yusuf verse 24-29, and asbab al-nuzul Koran Surah Ali Imran verse 161, and the Prophetic traditions, and rules of fiqh. The principle of reversed of proof in corruption perspective Indonesian criminal law is limited and balanced. While the principle of reversed of proof in corruption perspective of Islamic criminal law is absolute.Keywords: principle reversed of proof, corruption, indonesian criminal law, islamic criminal law
URGENSI KEARIFAN LOKAL BAGI KEBERLANJUTAN PEMBANGUNAN PERDAMAIAN DI MALUKU PERSPEKTIF FIQH KONTEMPORER Hasbollah Toisuta; La Jamaa
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.3075

Abstract

This paper aims to explore and explain the urgency of the values of “local wisdom” for the sustainability of peace building in the Maluku people. Local wisdom is meant in the form of values of living together which are used as moral guidelines for caring for life together across religions and beliefs. While the values of living together can be in the form of expressions that contain the philosophy of social life or values that shape the daily behavior of the community. The values of local wisdom were analyzed based on the perspective of contemporary fiqh. Contemporary fiqh approach here is intended to see to what extent the values contained in local wisdom of the Maluku people have relevance to fiqh and its contextualization in contemporary Maluku society. Based on the results of the research, it was found that the values of local wisdom are still deemed necessary to continue to be developed and become an important part in building peace in Maluku. From the perspective of contemporary fiqh, local traditional values are an important dimension for the dialogue between Islam and local culture. Contemporary fiqh views the local traditional values of the Maluku people as being categorized as 'Urf (known good traditions) that can contribute to peace.Keywords: local wisdom, peace building, contemporary fiqh
IMPLEMENTASI FATWA MUI TENTANG OPERASI PERUBAHAN KELAMIN WARIA DAN PENYEMPURNAAN KELAMIN CACAT La Jamaa; Faisal Kaliky
TAHKIM Vol 18, No 1 (2022): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v18i1.2969

Abstract

Reeality show, that there are people who are born with sex organs as a perfect man, but dressed as a woman, commonly called transvestites. Because there are psychiatric in question are not satisfied with its genitals. With advances in medical technology today, these conditions can be corrected through a sex change. In this context, Islam permits and even suggested a sex change for a person to have double genitalia, penis and vagina, or have no genitals at all (khunsa), to clarify and functioning optimally and definitively one of the genitals because it would provide a greater benefit compared with the hazard (mafsadat) it. While transsexual is a person of the opposite sex male genitals and physically perfect, but deliberately look or behave like a woman, the Indonesian Ulama Council (MUI) has issued a fatwa forbidden sex change operations for transsexuals.Keyword: Fatwa, transvestite, and gender operation
STUDI TERHADAP FATWA MAJELIS ULAMA INDONESIA BIDANG SOSIAL KEMASYARAKATAN DAN IPTEK La Jamaa; Anwar Fahri
TAHKIM Vol 16, No 2 (2020): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v16i2.2053

Abstract

The existence of the Indonesian Ulema Council is very strategic in responding to the various dynamics of the development of Islamic law in Indonesia which are caused by the development of advances in science and technology. In this regard, MUI responded by issuing a fatwa. The MUI fatwa in the field of social affairs and science and technology uses maslahah al-ummat by setting aside the zahir verse that allows marriage between Muslim men and women who are ahlul Kitab. In the MUI fatwa, three approaches are used, namely the bayani approach with the al-nas signaling analysis system, and amar and nahy; istidlal analysis method, and istislahi analysis approach with fathu al-zari'at on the ability to implement family planning, as well as sadd al-zari'at, against the prohibition of using abortion and sterilization as family planning contraceptives as well as textual hadith and ratio considerations in the halal fatwa slaughter animals mechanically. Keywords: fatwa method, MUI, contemporary Islamic law
PENYELESAIAN KONFLIK DALAM RUMAH TANGGA STUDI KASUS PENYEBAB PERCERAIAN DI KOTA AMBON Rustam Latupono; La Jamaa; Abu Bakar Kabakoran
TAHKIM Vol 19, No 1 (2023): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v19i1.4831

Abstract

The thesis examines the problem of resolving domestic conflicts in case studies of the causes of divorce in Ambon City. This study aims to find and examine more deeply about: (1) what are the factors causing the high divorce rate in Ambon City, and (2) what are the strategies for resolving marital conflict to reduce the divorce rate in Ambon City. This research is a field research (field research), using descriptive-analytical method. The type of data used in this research is qualitative. The data collection techniques are carried out by means of observation, interviews and literature. The results of the study show that: (1) the factors causing the high divorce rate in Ambon City, among others, are because married couples lack a good understanding of religion so that problems that arise in their household are difficult to overcome besides that they are always suspicious of each other, feel uncomfortable with his life partner, is not responsible for his family (abandoning the family), has another ideal woman and commits domestic violence, always quarrels in the family and is difficult to reconcile, and there is a third party. (2) The conflict resolution strategy for married couples to reduce the divorce rate in Ambon City includes: (a) prospective brides are required to attend pre-marital education through bride-to-be courses as anticipation in order to be able to resolve marital conflicts; (b) optimizing the role of hakamain (two peacemakers) on the part of the husband and wife; and (c) optimizing the cultural role of married brothers and the like to reconcile marital conflicts so that they do not result in divorce.Keywords: Household, resolution conflict, divorce.
URGENSI SIDANG PRANIKAH SEBAGAI UPAYA PEMBENTUKAN PROFESIONALITAS ANGGOTA POLRI: STUDI KASUS DI POLRES SERAM BAGIAN BARAT Narahaubun, Muhammad Ikhsan; Jamaa, La; Kabakoran, Abu Bakar
TAHKIM Vol. 19 No. 2 (2023): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v19i2.4830

Abstract

The purpose of this thesis research is to find out how the study according to the law regarding the Premarital Trial, then the premarital hearing procedure at the West Seram Police Station, and the relation between the Premarital Trial and the professionalism of the Police in building precision. The research methodology used is qualitative research. This research is also a type of field research with an analytical descriptive approach. This thesis succeeded in photographing the relationship between the marriage law and regulations within the police, namely regulation number 9 of 2010 which was later refined by regulation number 6 of 2018, that the prenuptial trial is not contradictory because in KUA there is also premarital coaching even though it has similarities but material reinforcement is different. Meanwhile, the pre-marriage trial procedure is in accordance with rule number 9 of 2010 which must be completed with requirements for every prospective bride of the police station. Departing from this process, the relationship between pre-marital hearings and professionalism can be achieved. Because the material of the premarital hearing in principle strengthens every member of the police is able to take full responsibility both for his institution and family.Keywords: Premarital Trial, household, professionalism.
Co-Authors Abu Bakar Kabakoran Ahmad Lonthor Anwar Fahri Asrul Pattimahu MA, Muhammad Baharuddin, Didin Faisal Kaliky Gazali Rahman Hasbollah Toisuta Kabakoran, Abu Bakar Lateni, Anwar Mahdi Malawat Malawat, Mahdi Narahaubun, Muhammad Ikhsan nfn sulaeman Pariela, Tonny D Pikahulan, Muis Saifuddin Anshori Rilan Abdul Syarif Rustam Latupono sulaeman, nfn Syarif, Rilan Abdul Toisuta, Hasbollah Wattimena, Husin