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All Journal Ahkam: Jurnal Ilmu Syariah Al-Ahkam Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal At-Tibyan: Jurnal Ilmu Alqur’an dan Tafsir Journal of Contemporary Islam and Muslim Societies Islamic Review : Jurnal Riset dan Kajian Keislaman TAHKIM Al-Masharif: Jurnal Ilmu Ekonomi dan Keislaman Proceedings of Annual Conference for Muslim Scholars Journal of Islamic Law Ulumuna Jurnal Investasi Islam Catimore: Jurnal Pengabdian Kepada Masyarakat Tasyri' Al-masharif: Jurnal Ilmu Ekonomi dan Keislaman Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Proceedings of International Conference on Islamic Economic Finance and Social Finance
Budi Juliandi
Institut Agama Islam Negeri Langsa
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : TAHKIM

 1 
PENERAPAN HUKUM ISLAM DI ACEH TAMIANG: BERDAMAI DENGAN SYARIAT DALAM PLURALITAS SANKSI KHALWAT Fakhrurrazi dan; Budi Juliandi
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.4

Abstract

This study explained that Qanun No. 9/2008 of 18 cases were resolved through “village justice” or in accordance with adat (one of which was the case of khalwat) indicated that there wasn’t an explicit command of Aceh government to people in handing over the offence Qanun No. 14/2003 of khalwat to court (Mahkamah Syariah). In addition, Qanun No. 9/2008 indicated that Aceh government could do nothing to resolve the offences like khalwat through court (Mahkamah Syariah). The fact that there was no single (plural) jurisdictional authority encouraged people in looking for favorable rules. The number of khalwat offences weren’t resolved by Mahkamah Syariah by the cane (cambuk), but through traditional institutions by a variety of fine custom, asserting such this assumption. This study asserted Daniel S Lev’s point of view that Islamic law was never been accepted by unanimous anywhere. Islamic law was often modified to suit the local values, accepted, and regarded as Islamic law which derived its validity from the scholars or religious authority. This study also asserted the institutional theory of Gresham which said that a formal process tended to be avoided in order to resolve the dispute through a process which is more family-oriented and more accommodating. This study also criticized the opinion of Alyasa Abu Bakr said, that the completion of seclusion cases through traditional mechanisms will strengthen the enforcement of Islamic law. Instead, this paper put forward the argument that the resolution of these cases through traditional mechanisms seclusion will weaken the enforcement of Islamic law. Keywords: legal pluralism, fine custom, cane, khalwat
WAKAF DAN POLITIK DI TUNISIA Budi Juliandi
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.52

Abstract

Tunisia State, by many experts is considered the most progressive, liberal and radical from Muslim countries in its concern for the women's rights issues, and its consistency in banning the polygamy (family law). However, the progression of Tunisia in the family law field, it turn out do not accompanied by its progress in the Islamic economics field, especially in development of waqf. In this regard, Tunisia most underdeveloped compared to other Muslim countries in the field of endowments, such as Saudi Arabia, Egypt, Pakistan, Bangladesh, Sri Lanka, Jordan, Brunei, Malaysia, and Indonesia, although about 19th century, the contribution of land endowments of Tunisia in 1883, has ever reached 1/3 of the entire ownership of land. To date, Tunisia have not institutions and laws governing the endowments. The transition government today (2011-2014), just preparing Draft of Law on endowments in November 2013. However, to date the Regional Representative House of Tunisia has not ratified it. Key words: Endowments, law politic, Tunisia
WALI NIKAH BAGI PEREMPUAN YANG LAHIR KURANG DARI ENAM BULAN USIA PERKAWINAN DI IDI RAYEUK Fadli, Fadli; Juliandi, Budi
TAHKIM Vol. 20 No. 1 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i1.2852

Abstract

This research is about marriage guardians for women born less than six months of marriage at Idi Rayeuk. This research is an empirical study using a sociological approach. However, the theoretical aspects remain put forward. There are three research questions here: First, how is the determination of marriage guardians by marriage officer in Idi Rayeuk for women born less than 6 months in Idi Rayeuk. Second, how is the determination of the six-month period of pregnancy by marriage officer in Idi Rayeuk. Third, what is the legal basis used by marriage officer in Idi Rayeuk in establishing marriage guardians and a six-month period for women born less than six months of marriage. The results showed that the determination of the guardian judge by marriage officer in Idi Rayeuk for women who were born less than six months from the marriage period was a compromise between positive law and the applicable law in the community, namely the Shafi'i school of fiqh, including the compromise between marriage officer in and the public. The family law becomes converted into a living law which is a compromise of some of the rules contained in positive law and the Shafi'i jurisprudence. Theoretically-practically, it is the wali hakim who acts as the guardian for women born less than six months of marriage as in the Shafi'i school of fiqh. Not a biological father. But in recording the name of the guardian, still includes the name of the biological father. Shafi'i Jurisprudence is carried out while still carrying out state rules, namely by recording it on the form containing the name of biological father. Keywords: marriage guardian, woman born less than 6 months, legal guardian
Co-Authors Anizar Anizar Annisa, Delia Asy Ari, M Khoirul Hadi al Fadhlunasyifa, Fadhlunasyifa Fadli Fadli Fakhrurrazi dan Fauzun Jamal Fuadi, Khairul Herlambang, Saifuddin Herlambang, Saifuddin Irfan, Andi Farahdhiba Juliadi Khairuddin, Muhammad Khairuddin Khairul Fuady Mudrika, Syarifah Muhammad Firdaus MUHAMMAD HASBI Muhammad Nasir Muhammad Rusydi Muhammaddiah, Muhammad Rusdi bin Nadia Ayuna Nurul Husna Primanty, Diah Aidil Reza Fadil, Muhammad Rezeki, Dinda Sri Saifuddin Herlambang Saifuddin Herlambang Saifuddin Herlambang Siregar, Mustamar Iqbal Suryani, Sitti Syamsiar, Syamsiar ‘Ulya, Khairil