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Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman
ISSN : 23383186     EISSN : -     DOI : -
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Articles 9 Documents
Search results for , issue "Vol. 8 No. 2 (2020): Desember" : 9 Documents clear
PANDEMI COVID-19 SEBAGAI ALASAN IMPEACHMENT PRESIDEN PRESPEKTIF HUKUM TATA NEGARA Muchlisin Muchlis Muchlisin
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.271

Abstract

In the development of carrying trust as head of state as well as head of government, a president must execute the mandate that is contained in the law. This research was conducted to see the foundation used in the presidential impeachment, as well as whether the Covid-19 pandemic could be a reason for the president's impeachment. The author finds that there are several reasons for the impeachment in Indonesia, which is appropriate in security – Constitution 1945 Article 7A fourth amendment. States that the President and Vice-Presidents may be dismissed during his tenure by the MPR on the proposal of the DPR. In this case, of course, if it is proven to commit a violation of the law in the form of a blasphemy against the state, corruption, bribery, or other serious criminal acts.
KONTRIBUSI MUI DALAM REKONFIGURASI SYARIAH DI INDONESIA: (Melacak Peran dan Upaya MUI dalam Birokratisasi Syariah di Indonesia) Moch. Nurcholis
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.295

Abstract

This research describes the contribution of MUI in the reconfiguration of sharia in Indonesia, from being an unwritten law to a binding law. MUI's efforts in reconfiguring sharia are carried out through the bureaucratization of sharia, namely the process of incorporation of sharia into national law which at an empirical level has been lived and carried out by the Muslim community in Indonesia. In contrast to the process of shariatisation or law Islamization which presupposes the replacement of national law with religious law, sharia bureaucratization is the work of labeling sharia law in legislation as an effort to guarantee legal certainty, administrative order, and achieve justice in legal disputes. The significance of the MUI's contribution in the effort to reconfigure Islamic law is evidenced by the issuance of statutory regulations sourced from fatwa products. Reconfiguration efforts are carried out in three ways, namely; First, to provide support for the birth of certain laws and regulations; Second, provide critical support and correction to a statutory regulation; Third, give a sharia fatwa.
SKEMA PENTASYARUFAN ZAKAT UNTUK PENANGGULANGAN COVID 19: Study Analisi Kritis Fatwa MUI No 23 Tahun 2020 Tentang Pemanfatan Harta Zakat, Infak, Dan Shadaqah Untuk Penanggulangan Wabah Covid-19 Dan Dampaknya Agus Salim
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.296

Abstract

Zakat is one of the obligatory worship with detailed explanation in the Qur’an and Hadits, both about the subject, object, degree of obligation and to whom is given. A few months ago, a Fatwa from the Indonesian Ulema Council (MUI) appeared on the introduction of zakat for the handling of covid-19 victims and their handlers. From this fatwa then negative assumptions are formed, as if the zakat property is not assigned to the existing zakat according to the guidance of the Qur’an and the Hadits. In this paper the author tries to scheming the contents of the fatwa using the methodology of liberry risert, it is hoped that what is stated in the fatwa of the preaching of zakat and shadaqah can be understood by the public well
KONTEKSTUALISASI KONSEP JODOH, SAKINAH, MAWADAH, WARAHMAH DALAM AL-QUR’AN Fawait Syaiful Rahman
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.331

Abstract

Abstract Islam limits the pattern of interaction between men and women outside of marriage so that their respective honor can be maintained. In humans, there is a tendency of animal tendencies that have the potential to lead to prohibited cases (mungkarat or muharramat). Islam also regulates the provisions if a man and woman want a halal relationship as well as a reward value in the framework of marriage. An ideal marriage is generally defined as a marriage that is the result of one's own choice without any outside intervention, the two partners are never heard of fighting and arguing, and a married couple is supported by an established economy, such family conditions are considered ideal families. After several weeks or more, the news was heard that the husband and wife were divorced, even though at the beginning of the marriage they had received a prayer "hopefully they will become a sakinah family, mawadah, wa-rahmah and mate in the hereafter" could not prevent the intention to separate. The research method in this article uses a qualitative literature approach. The conclusion from the study and analysis of the text of the verses of the Qur'an regarding the concept of mate and the concepts of sakinah, mawadah, warahmah in the Koran is mentioned differently by Allah SWT. The concept of mate is said to use Arabic khalaqah, and the concepts of sakinah, mawadah, warahmah are spoken in Arabic ja'ala. The consequence of disclosing the concept of a mate using lafadz khlaqah means that something is the personal right of Allah SWT and humans do not have the effort to intervene, while the disclosure of the concepts of sakinah, mawadah, warahmah uses lafadz ja'ala, this means that human intervention is needed in building a family that is ideal.
MEMBEDAH ANATOMI FIQH SIYASAH DALAM PUTUSAN MAHKAMAH KONSTITUSI TENTANG PRESIDENTIAL THRESHOLD Muhamad Sofi Mubarok
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.332

Abstract

The Constitutional Court sets presidential threshold as an open legal policy or open law policy for legislators. In other words, presidential threshold as stipulated in Act Number 7 of 2017 on General Elections, especially in the article 222, does not contradict to the Constitution of the Republic of Indonesia 1945 and its accordance with efforts to maintain government stability. Although this decision left two constitutional judges dissenting opinion since it was issued, the decision is relevant to the fiqh siya>sah construct concerning the need to maintain government stability through determining sufficient conditions in the selection process for the head of state. Borrowing Norman Fairclough's Critical Discourse Analysis (CDA) approach, the decision is in accordance to the fiqh siya>sah dictum for two reasons. First, there is a religious dogma which states that a head of state must come from the strongest clan through prophet tradition (al-hadis) states, al-aimmatu min-quraysyin. Second, in the fiqh siya>sah tradition, any policy can be formulated as long as the benefit of the people can be achieved. The stipulation of strict prerequisites is not intended to obstruct the right of a mukallaf to be elected as head of state, but aims to achieve other interests that are greater and benefit society, in the form of advocating for the rights of the state, ensuring a sense of security, and the realization of religious values in social life.
Relevansi Kompilasi Hukum Islam Dengan Madzhab Hanafiyyah: Studi Hadits Persetujuan Perempuan Dalam Perkawinan Moh. Dliya'ul Chaq
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.341

Abstract

Paragraph 1, article 6 KHI and fiqih madzhab hanafiyyah both state the mandatory approval of the prospective bride. The similarity between the two raises the proposition that the article on women's consent in the KHI is relevant to the hanafiyyah school of thought. But in reality, the logical formulation sequence of the hanafiyyah version of the agreement law is built on the basic understanding that women have rights rather than their guardians so that guardians have no rights in marriage, seemingly incompatible with the Islamic Law Compilation. This encourages the importance of the hadith study on women's consent. Through a literature review (library research) with a comparative analytical descriptive model, it is concluded; First, the hadith for women's consent is understood by hanafiyyah that women are more entitled than their guardians to the agreement, contract and other things. In other languages, guardians do not have rights over their daughters so that guardians are not a condition or harmonious in marriage. Second, there is no relevance between KHI and fiqih madzhab hanafiyyah, because in the legal construction between the two is different, where women's approval of their marriage in the hanafiyyah school is based on the basic stipulation that the guardian does not have the authority to approve or marry so that the guardian is not needed in marriage, while KHI states that women only have the authority to approve their marriage while still giving marriage authority to the guardian of marriage.
Hak Kawin Muda dalam Islam Sebuah Refleksi KH. Husein Muhammad Faisol Rizal
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.342

Abstract

Marriage at a young age is a phenomenon in some Indonesian society, especially in rural areas or traditional societies, although this kind of marriage is rarely known because it is closed. This fact is due to several reasons which make this young marriage sustainable; including economic, social and cultural factors. In cultural factors, people often associate with elements of religion or the understanding held by society. The problem that arises is that there is no benefit that is obtained if underage marriages are still carried out. The methods used in this article is a qualitative approach to the library, where the focus is aimed against any reference about the religion, culture and islamic boarding school. The approach used is qualitative, which is a research procedure that describes the behavior of certain people, events, or places in detail and depth. While this type of research is literature. Namely, research that relies on reading sources, texts, and various information in the form of reading. In a different reference library research is research that is done to solve a problem that is based on a critical study of library materials and related research results presented in new ways.
MENGUAK PSIKOLOGI ISLAM MELALUI PENDEKATAN SEJARAH Sudirman Sudirman
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.376

Abstract

The psychological approach in Islamic studies has a significant role in explaining the external symptoms of religious people. Armed with psychological theories, it will be easy to know the level of religion a person understands, lives and practices. This paper aims to explain and analyze Islamic psychology based on a historical approach and analyze western psychology schools using an Islamic psychological approach. This study refers to the history of Islamic psychology from the 19th century to the modern era at this time, and also how the development of religious psychology. The results in this article are that humans have the potential to do good from the aspects of will, freedom, feelings, and thoughts to reveal the meaning of life based on monotheistic values ??so that humans are able to develop the potential and quality of Islamic life, namely by integrating the pyramid relationship between lust, intellect, and heart into the human psychological context based on the teachings of revelation that will give birth to a creative life as ordered by God in the Koran.
PENERAPAN BAGIAN WARISAN ANAK PEREMPUAN DAN CUCU: (Studi kasus KHI pasal 176) Syuhada Syuhada
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 8 No. 2 (2020): Desember
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v8i2.388

Abstract

Abstract: Inheritance is a complex problem that sometimes many people do not know the parts and the amount of distribution in order to divide and distribute inheritance. To complete the distribution of the inheritance, many fuqoha 'practice interpreting the verses of the Koran in order to give laws to parts of the inheritance that are not explicitly stated in the Koran and Hadith, for example in this article are part of the inheritance of the grandchildren. women who are not listed in the text but then the Fuqoha 'equate their share with the inheritance of the daughter.

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