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Ahkam: Jurnal Hukum Islam
ISSN : 23031905     EISSN : 25491075     DOI : -
Core Subject : Social,
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
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.
PERUMUSAN KALENDER SYAMSI HIJRI IRAN DAN AHMADIYAH DALAM TINJAUAN AL-SIYASAH AL-SYAR’IYYAH Musonnif, Ahmad
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.1-26

Abstract

Calendar had a function as a regulator of community activities, both civil and religious activities. The Islamic calendar which whom established by Prophet Muhammad by adopting Lunar system also had a civil function. The Islamic calendar also had a major element to prescribe the timing of worships such as the time of fasting and Hajj. The Shamsi Hijri Calendar of Iran and the Ahmadiyya Community were calendars based on solar system which the beginning of the year starts from the Hijrah of Prophet Muhammad. The Iranian calendar dates back to ancient Persian times while the Ahmadiyya calendar is an adoption of the Gregorian calendar labeled by the symbols of Islam. Viewed from the perspective of Siyasah Shar'iyyah, the two calendars designed so each of community gets maslahat according to paradigm of each authorities. The Iranian Hijri Shamsi Calendar designed for the Iranians to keep their identity as Persians as well as to show their Islamic identity and shiáh characteristics. The Ahmadiyya calendar designed as an effort to Islamize the Gregorian calendar aside from an effort to internationalize this Jamaah and also as a symbol of relationship between Mirza Ghulam Ahmad, the founder of Ahmadiyya and Prophet Jesus Christ since Mirza Ghulam Ahmad also pronounced as Messiah as what it seems in Prophet Jesus. In the framework of al-siyasah al-Shar'yyah, the Iranian Hijri Shamsi calendar design is not as problematic as this calendar for religious purposes nor to the Ahmadiyya calendar, as both calendars were nothing more than a civil calendars.
PERGESERAN NILAI ADAT DAN BUDAYA DALAM PERKAWINAN MASYARAKAT GORONTALO DI MASA PANDEMI COVID-19 Jibu, Supriyanto Agus; Kustiawan, Muhamad Taufik
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.129-154

Abstract

This research was conducted to find out for how the shifting of marriage customs values ​​that occurred in Gorontalo during the Covid-19 Pandemic. This research will provides an information on the factors causing the shift in the tradition of traditional marriage values ​​in Gorontalo. This research uses qualitative methods and uses data collection techniques carried out by observation and interviews. The results of this study can be concluded that the marriage customs during the Covid-19 Pandemic that occurred in the Gorontalo community experienced a shift, time and form of presentation. This is also due to modernization which presents a new transformation in the implementation of traditional marriage in Gorontalo. Apart from the factor of the Covid-19 which affects changes in traditional customs and culture, there are also other causes, such as; economic factors, the factors of progress contaminated by art, new cultures, and the dynamics of interpretation of religious understanding.
KAIDAH NIAT DAN PENENTUAN KESENGAJAAN PEMBUNUHAN DALAM HUKUM ISLAM Ropei, Ahmad
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.55-80

Abstract

This study aims to reveal the application of the rule of intent and its relevance of determination intentional murder in Islamic law. The approach used in this research is library research, with the data collected by literatural technique. The process of data analysis was carried out by descriptive-analytical techniques. The results of this study indicates that the rule of intent in Islamic law is an important instrument to determine the element of intent in a murder case. Practically, the rule to reveal the existence of a murder intent is to look into several things, including through the tools used to kill and the existence of hostility or disputes between the perpetrator and the victim before the murder occurred, where this can be used as a legal fact to explore the element of intent in the murder. Element of intent used as a prove for the perpetrator so be punished in the form of qishash.
ZAKAT HASIL TAMBAK GARAM DALAM PERSPEKTIF MAQASID AL-SHARI’AH ABDUL MAJID AL-NAJJAR Setiawan, Firman
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.193-218

Abstract

Most of salt farmers consider the result of salt ponds are assets which are unnecessarily required to pay zakat. It iss because the result of salt ponds are not assets which are mentioned explicitly in the quran verse as assets that must be issued to zakat. Therefore, the author tries to study the zakat law from the result of salt ponds from the perspective of maqasid al-sharia by Abdul Majid al-Najjar. It is known from the result of this study that in the zakat resulting from salt ponds there is a maqasid al-kulliyah (realizing the welfare of the people and the distribution of wealth), maqasid al-nau’iyah (giving a rise to a sense of solidarity and enthusiasm to help each other between the rich and the poor), and maqasid al-juz'iyyah (purifying wealth and self, as well as cleaning charity and result of operations). The result of salt ponds are assets for which zakat must be issued and are categorized as commercial assets based on several reasons, namely: first, there are maqasid that must be realized; secondly, it is kasab; third, the result of salt ponds are not bound by the obligation of other zakat in essence; fourth, it intention/purpose to be sold; and fifth, the fulfillment of ‘illat zakat, which is al-nama’ (growing).
CHARACTERISTICS AND ESSENCE OF FATWAS ON ISLAMIC ECONOMIC LAW IN INDONESIA Witro, Doli; Hakim, Atang Abdul; Komaruddin, Koko
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.155-174

Abstract

In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.
SYIQAQ SEBAGAI ALASAN PERCERAIAN DI PENGADILAN AGAMA TULUNGAGUNG Sukur, Mukhamad; Shobahah, Nurush
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.175-192

Abstract

Marriage is an inner and outer bond based on the rules of religion and the laws between a man and a woman to constitute both inner and outer happy family. However, the high number of failing cases and divorce decisions in the Religious Court shows that there are various factors that might be a trigger to the failure of a marriage. A number of divorce cases data in Tulungagung Regency shows 225 divorce cases per month with an average of 20 lawsuits every day. The data in 2017 show that out of 3,114 divorce cases 2,150 cases were filed by women. The results of the analysis show that the high divorce rate is one of the dominance factor of dispute or quarrel (syiqoq) which was triggered by the following reasons; economy, one party leaves another party, continuous disputes, domestic violence, adultery, drunkenness and gambling. The high interest of the people of Tulungagung Regency who work as both Indonesian workers and female workers (TKI/ TKW) allegedly contributed to high divorce rate by the reason of syiqoq.
POLIGAMI DI DUNIA ISLAM Hakim, Abdurrahman; Aibak, Kutbuddin
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.105-128

Abstract

This paper compares the legal verses of polygamy in Saudi Arabia, Pakistan, and Indonesia. Apart from the controversy considered as detrimental and degrading to women, term of polygamy is not as easy as Westerners think in the license process. This study compares legal verses, licensing procedures, fines, either imprisonment or punishment, to husbands who violate the applicable regulations. Therefore, this research serves as evidence talthough polygamy is permitted, the procedures and requirements regulated by Saudi Arabia, Pakistan, and Indonesia contain elements of protection and respect for women. The method is qualitative with the library type. This research is classified as a co-comparative approach, which is a study that compares one legal case between several countries. The results are: 1) in Saudi Arabia, polygamy is still based on the classical Islamic fiqh school of Imam Hambali. Therefore, polygamy is not so much a concern in parliament that there is no legal reform there. As a result, polygamy is very free and tends to harm women. 2) in Pakistan, polygamy is also based on Islamic teachings, it's just that there is a legal reform that states that there must be written permission from the Arbitration Council if a husband wants to do polygamy. 3) in Indonesia, polygamy is very complicated, because basically the Marriage Law No. 16 of 2019 concerning Marriage contains the principle of monogamy. In addition, polygamy can be carried out by the husband if he has received permission from the wife and the board of judges in court.