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TAHKIM
Published by Institut Agama Islam Negeri Ambon
ISSN : 18580734     EISSN : 26545357     DOI : 10.33477/thk
Core Subject : Economy, Humanities, Art, Social,
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : -
Articles 14 Documents
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Search results for , issue "Vol 10, No 2 (2014)" : 14 Documents clear
RELASI SYARIAT ISLAM DAN NEGARA DALAM DIMENSI HUKUM TATA NEGARA INDONESIA Nasaruddin Umar
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.51

Abstract

This study aims to re-elaborate the relationship pattern between religion and state in dimension of Indonesia State Administration Law at post-amendment of Constitution NRI 1945. With the ratification of Article 31 paragraph 3 and and 5 and Article 28 paragraph 2 of Constitution NRI 1945, has brought a logical consequences on the formation of legislation because the religious values in itself to be the basic law of legislation in Indonesia, thus the relationship between religion and state in Indonesia becomes a new relationship patterns in the structure of Indonesian state administration law. The method used in this research is literature study. The findings of research is the Islamic sharia and state relationship patterns of post-Amendment the the Constitution NRI 1945 is the concentric relationship pattern in which the Islamic sharia values to be the center of considerations and restrictions the enactment of state legal norms that the Islamic sharia values to be the law source of legislation. These relationships pattern will be effective if described into a pyramid hierarchy systems of national legal in the formation of legislation, because without solid relationship at the level of values, principles and articles in the regulation, then constitutional relationship patterns will not effective in maximizing the contribution of Islamic law in national law. Key words: Relations, Islamic Sharia, state, and Atate Administration Law
PENDAYAGUNAAN HAK INISIATIF ANGGOTA DPRD DALAM PEMBENTUKAN PERATURAN DAERAH (STUDI YURIDIS SOSIOLOGIS DI DPRD SULAWESI SELATAN) Dayanto Dayanto
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.56

Abstract

This research aims to analyze the utilization of initiative right of South Sulawesi Provincial Parliament’s members in the Regional regulations establishment and to analyze the factors wich influences the effectiveness of it. This research did at South Sulawesi Legislative Assembly at Provincial Level. The method which used in this research was juridical sociology with collecting data by the way of studying the document, interview, and observation. The data was analyzed by using qualitative analysis which combined with quantitative analysis (frequency tabulation). The result revealed that (1) utilization of the initiative right of South Sulawesi Provincial Parliament’s members in the Regional regulations establishment does not effective yet; (2) Such as this was influenced by : (a) human resource of Provincial Parliament’s members and (b) the public control and public partisipation in the establishment of Regional regulations. Keyword: The initiative right, Regional regulations
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
HUKUM DAN MASYARAKAT Tuti Haryanti
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.57

Abstract

The existence of law in community is most urgent, since the laws regulate the human behavior. Law cannot be separated from community, and otherwise, since in addition to the law have passive function, the law have also active function in controlling any individual actions and always bringing the community into a planned change. The law applicable in community basically come from the community itself and also intentionally burdened upon it, so that the problem/conflict can be minimized. The law applicable should always pay attention to the juridical rules, philosophical principle, the utilities/sociology norms so it does not conflict with the values of life in society. The laws made in community has goal to create peace, tranquility, and order in the community as well as providing the legal certainty. The law objective can be felt in comprehensive in community, if the law can function in community. Thus, the law and community has very significant correlation. The community without law, there will be chaos and arbitrary action, and otherwise the law without community, then the law does not mean at all. Keywords: legal function, community
PENALARAN HUKUM ISLAM TERHADAP DONOR DARAH ANTAR ORANG BERBEDA AGAMA Jamaa, La
TAHKIM Vol 10, No 2 (2014)
Publisher : TAHKIM

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Blood transfusion is closely related to the function of human caliphate on the earth at building harmonious relations and benefit for the humanity among fellow, without being limited by differences in belief (religion) between the donor and the recipient. Therefore, blood donor between people of different faiths in the Islamic law perspective is allowed. Similarly the financing at Blood Donor Unit at PMI for the benefit of blood transfusion, is not identical with commercialization (purchase) of blood, so it is allowed in the Islamic law. In addition, blood donors did not lead to the legal consequence in form of the forbidden status of the donor and recipient. Key words: blood transfusion, donor, recipient, different religions, Islamic law
ORGANISASI ISLAM DAN PENGARUHNYA DALAM PEMBENTUKAN DAN PENGEMBANGAN HUKUM ISLAM DI INDONESIA Fitriyani Fitriyani
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.53

Abstract

The presence of Muslim reformer figures who do not “endure” to be in the prolonged establishment, doing reinterpretation against the Islamic teachings in order to meet the challenges of the period. Through their works are read by people, then inspired the birth of thought and reformation in Islam. There is also emerging in the form of formal organizations with jihad programs in order to uphold the Lord teachings in all corners of the earth and harakah-harakah tajdid (reformer movements) are continuously exploring the core of Islamic teachings. The idea to enter the Islamic law into the reality of life of Indonesian community is in line with the call to reform the Islamic law which arise in most Muslim countries since the early decades of 20th century. The reform occurs at the institutional level of religious organizations such as Muhammadiyah, Nahdlatul Ulama (NU), and the Union of Islam (Persis) which often referred to as Indonesia Islamic modern movement, aims that the Islamic law applied in Indonesia has Indonesia personality or insightful. Keywords: Islamic organization, formation, development, Islamic law in Indonesia
SAKHA’ DALAM PERSPEKTIF HADIS Farid Naya
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.58

Abstract

Among the concrete manifestation of sensitivity sense to others are pleased or like to share upon the ownership right of one person to other. Because, the ownership essentially relative. Given the ownership is absolute belongs only to God. Man is basically just received a mandate to find, manage and utilize what they have just to meet their needs, and recommended does not forget to charity. People who likes to give, basically he has instilled goodness and invest for the future. If this to be the principle in social relations, at least it can provide a hope for the elimination of poverty, the eradication of ignorance, the reach of backwardness, the political stability, the increased of economic growth, the guarantee of security and so forth. This article will analyze the hadith associated with the generosity (sakha). Key words: sakha, generosity, hadith.
BU PENDERITA SKIZOFRENIA DAN DAMPAKNYA TERHADAP HADANAH DALAM PERSPEKTIF ISLAM Saimima, Salma
TAHKIM Vol 10, No 2 (2014)
Publisher : TAHKIM

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Abstract

Hadanah is an authority to care and educate children who have not mumayiz (immature) or adults who have lost their thinking intelligence. The authority is more appropriate possessed by a women (mothers). Because the female instinct is more appropriate to care and educate children and her patience in dealing with the children life problems is higher than the patience of a man (father). Although both parents, especially the mother has authority and responsibility in hadanah, but in the Islamic perspective, a mother with schizophrenia is considered have not authority and responsibility to carry out hadanah for his children. Since people with schizophrenia have not the legal capacity to care and educate her children. Key words: Schizophrenia, hadanah, Islamic perspective
HUBUNGAN ANTARA AGAMA DENGAN NEGARA DALAM PEMIKIRAN ISLAM Mahmud Ishak
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.54

Abstract

The study on relationship between religion and state is still debated to the present. The problem begins with the Young Turks revolution under the leadership of Mushthâfa Kemal Pasha, and the peak marked with abolition of the Caliphate and followed by the revocation of Islam as official religion of the state, and abolition of Sharia as the supreme source of law of the state. Finally, Turkey was born as a secular republic that has decisively separated between religious affairs and state affairs. In contrast, other thinkers argue that Islam is most complete religion contained the principles regarding all aspects of life include: ethics, moral, politics, social and economics. Islam is understood not only as a belief, but a complete system and includes a set of answers to the problems experienced by human. It means that there is a relationship between religion and state. This article will analyze the relationship between religion and the state in view of the Islamic thought. Key words: Religion and state relationship, Islamic thought.
KONTEKSTUALISASI FIQH (PEMBACAAN PEMIKIR ISLAM KH. MA. SAHAL MAHFUDH) Ahmad Faisal
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.44

Abstract

During this religious study is dominated by the theocentric tendency. Consequently, in the social context, the teaching of law as stipulated in fiqh, often seen not in line with the practical lifeforms. It is caused by overly formalistic view of fiqh. Therefore in accordance with the nature andprocess of ijtihad, so the change of perspective jurisprudence toward fiqh to be more realistic and dinamic, it possible and necessary. Thus, fiqh can be optimazed and actualized as the values and behaviors in the evolving social life. If it is not done, so the possibility of futurejurisprudence will only be reference in any aspect ubudiyah or remembered as the legaly of civilization in the field of thought. By Kiai Sahal, must have the courage to change the paradigmof paradigms in fiqih “ortodoxy truth” to the paradigm of “social meaning”, if the first subjecting reality to the truth of fiqh and character black and white “in meaning reality, the later using fiqhas “counter discourses” and with showing his character style. Keyword: contestuality, social fiqh.

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