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Ahkam: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung
ISSN : 23031905     EISSN : 25491075     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AHKAM: Jurnal Hukum Islam adalah jurnal akademik yang diterbitkan oleh Fakultas Syariah dan Ilmu Hukum (FASIH) Institut Agama Islam Negeri (IAIN) Tulungagung. Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum Islam. AHKAM: Jurnal Hukum Islam terbit dua kali dalam setahun pada bulan Juli dan November. Jurnal ini didedikasikan kepada para akademisi, peneliti, dan pemerhati hukum Islam. Artikel yang diterbitkan berupa karya orisinal dan tidak harus sejalan dengan pandangan redaksi.Berisi tulisan yang diangkat dari kajian analitis-kritis di bidang hukum dan mu’amalah. Ahkam: Jurnal Hukum Islam diterbitkan sejak 1 Juli 2013 oleh Fakultas Syariah dan Ilmu Hukum (FASIH) IAIN Tulungagung.
Arjuna Subject : -
Articles 9 Documents
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Search results for , issue "Vol 8 No 2 (2020): November" : 9 Documents clear
PERAN PLENO KAMAR AGAMA MAHKAMAH AGUNG DALAM MENCAPAI TUJUAN PERUNDANG-UNDANGAN KELUARGA INDONESIA khiyaroh, khiyaroh
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.311-332

Abstract

The Plenary Meeting of the Supreme Court is a system established to maintain the unity of the application of the law and the consistency of the judge's decision. This system is carried out every year and starts in 2011. In the plenary meeting of the Supreme Court there is a division of rooms according to the abilities of each judge divided into five rooms. Namely the criminal chamber, civil chamber, state administration room, religious chamber, and military room. In the case of the plenary chambers of religion there are a number of things that are regulated every year and there are some rules that have been reformulated. With the existence of the plenary chamber of the Supreme Court of Religion, the rules in it partly reflect the purpose of family law legislation. But there are rules that are actually on the contrary to the goals of family law legislation. This paper aims to find out how the role of SEMA as a result of the Plenary Meeting of the Supreme Court of the Supreme Court has been in accordance with the objectives of Law No.1 of 1974 concerning marriage. This research is a library research with a juridical approach by looking at the legal rules and legal principles, and is analytic descriptive. The results obtained are the rules in the SEMA as the results of the plenary meeting of religious chambers are not all in line with the objectives of the Indonesian marriage law. Keywords: Supreme Court, Plenary Chamber, Purpose of Family Law.
PEMENUHAN HAK DAN TANGGUNG JAWAB KONSUMEN DAN PELAKU USAHA SEBAGAI UPAYA PERLINDUNGAN HUKUM MELALUI KONSEP PEMBERDAYAAN Siswati, Indri Hadi; Puspitasari, Reni Dwi
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.333-350

Abstract

Often the losses experienced by consumers in conducting transactions are the result of ignoring the responsibilities of business actors as stipulated in the Consumer Protection Law Number 8 of 1999 concerning Consumer Protection. The losses also happen because consumers often do not have the courage to defend their rights due to the lack of courage and helplessness due to a one-sided take-or-leave-it contract that gives business actors more authority so that the two parties are not in a balanced and equal position. Therefore, empowering consumers by showing their rights and how to defend their rights is important. Likewise, with the empowerment of business actors which emphasizes the fulfillment of their responsibilities, it is possible that the products and / or services offered have a small possibility of detrimental to consumers. In return, it also benefits to business actors in increasing the level of marketing of their products. Keywords: Empowerment, Consumers, Bussines Actors, Fulfillment or Rights and Responsibilities.
PENGALIHAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM MENURUT HUKUM ISLAM Latif, Faozi; Sunarko, Asep
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.287-310

Abstract

Transfer of land rights for public interest in the community often occurs. The transfer of land is done for various purposes, including the construction of roads, hospitals, places of education, places of worship and others. This research is pursued in the discussion of the process of transferring land rights in the public interest according to Islamic law and the consequences for the transfer of ownership rights to land in the public interest. This research uses library research. The results of the study explained that in Islamic law the transfer of land rights was carried out in the time of the Prophet and also shahaba. Transfer of land rights for public interest in Islam can be done through buying and selling or compensation and endowments. After the transfer of land rights, the rights to manage and use the land are transferred to the second party. Keywords: Land, Public Interests, Waqf.
HUKUMAN MATI BAGI ORANG YANG MURTAD DALAM PERSPEKTIF HADIS Mutawali, Muhammad
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.397-414

Abstract

Many Muslims who come out of their religion and embrace other religions with a variety of motives and reasons depending on their respective interests. This phenomenon seems to be a trend and lifestyle in the midst of the swift currents of globalization, democratic life, respect for Human right and religious freedom. In Islamic Criminal Law, apostasy (murtad) is a crime that is included in jarimah hudud. The punishment for apostates/riddah is the death penalty, and in the hereafter will get a reply in hell, this is in accordance with the message contained in the Qur'an and the Hadith of the Prophet Muhammad. This article explains the differences of opinion of the ulama regarding the punishment for the perpetrators of riddah / apostasy. Al-Qur'an does not specifically explain the punishment for apostates, it only stipulates the vanity of charity and in the hereafter will be given severe punishment. In the hadith of the Prophet which expressly punishes apostates with the death penalty. From the two sources of Islamic law as if there was a conflict. Therefore, it is very interesting to study considering that the problem of riddah is one of the problems in the study of Islamic criminal law which is always a concern of ulama and experts in contemporary Islamic law. Keywords: Riddah/Apostasy, Death penalty, Jarimah, Ta`zir
ANALISIS USHUL FIKIH MENGENAI KALENDAR ISLAM DALAM KONTEKSTUALISASI NASH-NASH HISAB DAN RUKYAT Saifurrohman, Ahmad; Azzafi, Ashif
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.373-396

Abstract

In modern era, in line with the rapid development of astronomy, many new problems arise. For example, the issue in the Islamic calendar which has long been debated is the difference in determining the beginning of the month of Ramadan, Shawwal, and Zulhijjah or Arafat. From the above issue, what exactly the problem is the unification of the Islamic calendar and how the reckoning experts and astronomers in the effort to unify the Islamic calendar. To solve these problems requires the right way such as the infant method or textual analysis, the causation method, and the taufiki method. Keywords: Unification of the Islamic Calendar, Islamic Calendar, Bayani, Causation, Taufiki, Interpretation.
PENYETARAAN GENDER DALAM HAL PEMBAGIAN WARISAN Amalia, Endah Amalia
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.213-232

Abstract

Inheritance is the transfer of property owned by someone who has died and then given to someone else who has the right to inherit it. Sons should inherit more shares than daughters. But along with the development of an increasingly advanced era, there is a phenomenon of equal distribution of inheritance between sons and daughters. Under the pretext of gender equality, and emancipation of women, it is fair. This research was conducted to find out the views of Islamic law regarding the equal distribution of inheritance between sons and daughters. This research uses qualitative analysis using the literature study method. This research found that gender equality in the distribution of inheritance occurs with the times and its implementation still adheres to the applicable Islamic law. The differences in the distribution of inheritance between men and women are not caused by gender difference, but the differences in responsibilities imposed on men more than women. Keywords: Equal, Gender, Inheritance.
MEMBACA MAQASHID SYARI’AH DALAM PROGRAM BIMBINGAN PERKAWINAN Ihtiar, Habib Wakidatul
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.233-258

Abstract

The government has established a strategic policy in the framework of printing happy and prosperous marriage ties in accordance with the guidance of religion and state regulations. The policy is to organize a marriage guidance program for prospective brides. The implementation of marriage guidance contains a great intention and hope to realize the shared ideals in fostering a marriage and family life that is sakinah, mawaddah and rahmah. The rise of cases and family problems, such as divorce, quarreling, domestic violence, also formed the background for this policy. Marriage guidance as an instrument in printing individuals who are ready to navigate marital ties, have the same direction and substance as the principles of Islamic teachings. This can be examined from the aspects of the maqashid syari’ah. So that its existence and role is needed by the community, especially the bride and groom. Keywords: Maqashid Syari’ah, Marriage Guidance.
FAKTOR YURIDIS YANG MEMPENGARUHI PENAMBAHAN JUMLAH DAFTAR PEMILIH KHUSUS PADA PEMILU 2019 DI KABUPATEN TULUNGAGUNG Shobahah, Nurush; Rifai, Much Anam
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.259-286

Abstract

The relatively high number of Registered Special Voters in the 2019 Election became a problem. Since Registered Special Voters are people who qualifi as voters but they are not listed in the Registered Fixed Voters, it can be concluded that the voter registration conducted by General Election Comission is not as qualifying as it should be. However, there is an opinion that basically Registered Special Voters are not pure as it is listed. Some voters have already been registered as Registered Fixed Voters. Through this qualitative descriptive research with a case-approach, the research purpose is to reveal factors making people as Registered Special Voters in Tulungagung Regency. The result was that there were 23 percent of voters in the Registered Special Voters in Tulungagung who were already registered as Registered Fixed Voters. They are registered as Registered Special Voters presumably due to the following factors: First, problem arised when voters are mistakenly put in the polling station. Second, problem due to administrative error in recording the presence of the voters. Third, problem caused by the residence exchange. In order to solve this problem, electoral regulation reconstruction is needed, especially in relation to updating registered voter and/or voting-count mechanisme. Keywords: Election, Registered Special Voters, Reconstructing Regulation.
IMPLEMENTASI DAN PENGAWASAN PERATURAN DAERAH BERBASIS SYARIAH DI TULUNGAGUNG DAN BLITAR Anshor, Ahmad Muhtadi; Al Anam, Muhammad Mufti; Ferricha, Dian
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.351-372

Abstract

This paper aims to examine the implementation, supervision and solutions of sharia-based regional regulations in Tulungagung and Blitar from the philosophical, juridical and sociological aspects. This study is an empirical juridical study. Data are obtained from Tulungagung and Blitar. While the analysis was carried out by using empirical qualitative data analysis methods. The results show that the implementation and supervision of sharia-based regional regulations, primarily related to worship services and respect in carrying out religious values in Tulungagung and Blitar, have been running effectively and efficiently. Keywords: Implementation, Supervision, Regional Regulation, Sharia.

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