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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 273 Documents
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PRODUK PEMBIAYAAN PAKET MASA DEPAN BANK TABUNGAN PENSIUNAN NASIONAL (BTPN) SYARIAH TANPA JAMINAN Ayu Franita Putri, Maria Ulfa KN
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.1-24

Abstract

This research begins with the anxiety about the product of the National Islamic Pension Savings Bank using murabahah financing without using collateral. In general, financing carried out by Islamic banking requires a guarantee, but in practice in the National Islamic Pension Pension Bank there is no guarantee in financing. The case raises a new problem of collateral in murabaha financing. Issues discussed in this study are how financing at BTPN Syariah can be managed without collateral. This research uses the type of field research (field research) by using a juridical approach. The conclusion is that the financing of BTPN Syariah which provides an injection of funds to the community through a central coach to prosper the community at MMS Metro.The targetsare mothers to help their economy. In addition to the financing provided without the guarantee, mothers may make a financing loan with a payment system of every two weeks with the provisions of the profit sharing ratio of 30% of the terms of the initial agreement.
PENYELESAIAN SENGKETA HASIL PEMILIHAN KEPALA DESA DI DESA WONOREJO KECAMATAN SUMBERGEMPOL KABUPATEN TULUNGAGUNG Abdul Shomad FN, Ahmadi
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.25-44

Abstract

The implementation of village head election regulations in Wonorejo Village, Sumbergempol Subdistrict, Tulungagung Regency, compared to the New Order period showed a number of positive steps. Free elections occur with the high public participation, direct elections with the principle of one man one vote. The juridical, sociological and cultural impact of the election dispute in the village head in Wonorejo Village, Sumbergempol Subdistrict, Tulungagung Regency, was that violence exploded when the defeated candidates for the village head vent their disappointment. The result is a personal grudge that continues to be carried out, as well as hostility between supporters who are actually neighbors. Another striking color in the elections is money politics to buy votes. The steps to resolve the dispute in Wonorejo Village, Sumbergempol Subdistrict, Tulungagung Regency, are the first, re-counting of votes and ending in re-election. Secondly, in order to appear unsuspecting BPD as a village consultative body forms a third party as a mediator and supervisor. Third, there is a strict escort from the police at all stages of the election. The fourth, documents were transferred to the Surabaya Administrative Court as a form of claim for revoking the Tulungagung Regent Decree in the determination of the Wonorejo village head election.
FENOMENA PERNIKAHAN DINI AKIBAT HAMIL PRANIKAH Mufidati, Khusnul
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.45-62

Abstract

The phenomenon very disturbing for parents today is the pre-marital relationship. Even though this happens, but parents cannot limit children's relationships. With so many cases of early marriage phenomena due to pregnancy out of wedlock, it is expected that parents give love and more attention to children so that children do not look for love outside. In this study researchers used a qualitative approach. This type of research is descriptive research. The results of this discussion are that every woman who is pregnant before marriage can still get married with the man who impregnated her. Women who are pre-marital and intend to have marriages have the same requirements as virgin marriages (not pregnant) and there will also be no rejection of marriages from the religious affairs office. Unless the bride and groom are not yet old enough, if this happens, the bride and groom must request a marriage dispensation letter at the Local Religious Court. The religious affairs office will not process marriages before the Religious Court issued a marriage dispensation certificate for the bride.
RUBU’ MUJAYYAB SEBAGAI ALAT HISAB RASHDUL KIBLAT Indraswati, Lutfi Nur Fadhilah
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.63-88

Abstract

This research discusses daily reckoning of the Qibla with rubu’ mujayyab. A special discussion about the shadows of the Qibla using rubu’ mujayyab also does not yet exist in the classic books that examine rubu’ mujayyab. The discussion only reaches the determination of the Qibla direction. The study employs library research that is descriptive comparative.The results of the study show first, that the daily qibla method of reckoning with rubu’ mujayyab can be categorized as classic reckoning because it uses data and calculating devices which are classified as classic tools. However, the theory and system of calculation is based on the modern astronomical formula using rubu’ mujayyab. The shadow calculation of this Qibla does not use the place longitude and the equation of time, so the result of the calculation is istiwa’ time. Secondly, the accuracy of the shadows of Qibla with rubu’ mujayyab when compared to contemporary reckoning methods using ephemeris data and scientific calculators shows a difference of 1-4 minutes.
TELAAH FILOSOFIS TERHADAP UNDANG-UNDANG PERKAWINAN NOMOR 1 TAHUN 1974 PASAL 7 AYAT (1) TENTANG BATAS USIA PERNIKAHAN N, Nastangin
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.89-108

Abstract

Underage marriage is marriage between men and women who both have not reached the age of 19 years for men and 16 years for women according to the regulations in the Marriage Law No. 1 of 1974. Marriage is done legally in formal lawand state law. State that is invalid if it does not meet the requirements. In the perspective of religion, underage marriage is marriage carried out by people who have not been mature. The majority of Islamic Law experts legalize early marriage. This understanding is the result of the interpretation of Q.S.Ath-Thalak: 4 and historical records The Prophet married Aisyah at a young age. Some scholars also legalize underage marriage has become a consensus of Islamic law experts. The purpose of this paper is to find out the nature of the existence of marriage records. This research uses a philosophical approach, by explaining the nature and wisdom of its formal object. The conclusion is that there is age limitation to give benefit to someone who wants to get married because age is very influential on family life
HIBAH SEMUA HARTA KEPADA ANAK ANGKAT (TELAAH KOMPARASI ANTARA KUH PERDATA DAN KHI) Abdoeh, Nor Mohammad
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.109-140

Abstract

One of the ways that human beings use to obtain treasure is grants. The grant process cannot be separated from the limit of the donated property. In reality, many people grant his wealth to his adopted son with all his possessions. It is a matter of the adopted child's position in the law. The purpose of this paper is to explain how the views of the Civil Code and the Islamic Law about grant and that comparation. The approach of this research with normative approach, by investigating whether it is according to the norms that apply. The conclusion of this research, that the rules of grant in the Civil Code and KHI actually have similarities and differences. The similarity of the two rules is seen in defining the meaning of the grant, its elements and similarity in judging a qualified person to do the grant. The difference of the rules are both seen in the share of grant distribution. The portion in KHI is a maximum of 1/3. The existence parts and restriction of the treasures in the grant is nothing but to protect from the tendency of the benefactor to ignore their family. While in the Civil Code based on Legitime Portie
UPAYA PEMERINTAH DESA DALAM MENSEJAHTERAKAN MASYARAKAT DESA SETELAH BERLAKUNYA UU NO. 06 TAHUN 2014 TENTANG DESA M, Muksin
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.141-164

Abstract

The concept of village development has changed since the passing of Law number 06 of 2014. These changes have had a major impact on the concept of village development ranging from broader authority granted to village governments to the authority of village financial management. All these authorities have demands and responsibilities to the village government to strive for the welfare of the village community. The welfare of the village community becomes mandatory after the enactment of Law number 06 of 2014 concerning the Village, implicitly or explicitly giving clear instructions and making guidelines to the village government to maximize all efforts in realizing the welfare of the village community either through physical infrastructure development or human resource development. Because the village is a miniature of the Republic of Indonesia,the benchmark of the success and the progress of Indonesiaare reflectedby the smallest entity in the scale of village government. The impact of development in the village will be directly felt by the village community as a whole and indirectly affect the progress of the Republic of Indonesia.
HUBUNGAN HUKUM DAN EKONOMI DALAM ISLAM: TINJAUAN ATAS KAIDAH HUKUM BIDANG PEREKONOMIAN Mujaddidi, Ah. Shibghatullah
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.165-186

Abstract

This study aims to describe the relationship of law and economics in Islam. The research method used is a literature review approach sourced from credible journals and other relevant reading sources. The results of this study indicate that sharia economics not only acts as a science but also as a system so as to achieve its objectives it requires maximum effort and strategies to restructure the socio-economic system comprehensively. The restructuring must be accompanied by efforts to reform the political, legal, economic and social systems by involving the participation of all citizens. In some cases these include the application of the principle of buying and selling in working capital, the application of the mudharabah principle in investment or the application of bai 'as-salam in the construction of a project. Along with the development of the law era, it is demanded to be able to manipulate society or vice versa, the law is able to control the community to be aware of the law and the creation ofjustice.
TINDAK PIDANA PENCURIAN PADA SAAT TERJADI BENCANA ALAM DALAM HUKUM PIDANA ISLAM DAN HUKUM POSITIF PERSPEKTIF MAQASID ASY-SYARI’AH S, Sudarti
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.181-212

Abstract

The victims of natural disasterswho commit theft cannot be immediately punished penalty in accordance with Islamic criminal law or positive law as contained in the Criminal Code. This study aims to analyze the problem of theft in the event of a natural disaster using the maqasid ash-sharia. This type of research is library research with descriptive analytical methods. The results showed that the daruriyyat aspect related to punishment for the perpetrators of theft was the aspect of maintaining property (ḥifż al-mal). This aspect is an aspect that is related to the obligation in the search for property lawfully without depriving others of their rights and managing property so that assets are maintained and functional in accordance with religious law.
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.

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