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<![CDATA[HUKUM DAN PERUBAHAN SOSIAL (KAJIAN SOSIOLOGI HUKUM) ]]>
<![CDATA[Samsir Salam]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.12
<![CDATA[Simple and modern society urgently need a legal system that regulate the interaction between one another. Organized community life based on social norms and regulations established institutional. However, other forms of social life does not always run normally in accordance with social norms and regulations existing institutional. Thus social change is a necessity in society. Social change is closely related to the law. Law has a very close correlation with social change as between law and social change have interdependencies. On the one hand, the social changes must be in line with the rules of law, and on the other hand, precisely the rules of law which must conform to certain social changes. Keywords: law, social change]]>
<![CDATA[PENERAPAN HUKUM ISLAM DI ACEH TAMIANG: BERDAMAI DENGAN SYARIAT DALAM PLURALITAS SANKSI KHALWAT ]]>
<![CDATA[Fakhrurrazi dan]]>;
<![CDATA[Budi Juliandi]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.4
<![CDATA[This study explained that Qanun No. 9/2008 of 18 cases were resolved through “village justice” or in accordance with adat (one of which was the case of khalwat) indicated that there wasn’t an explicit command of Aceh government to people in handing over the offence Qanun No. 14/2003 of khalwat to court (Mahkamah Syariah). In addition, Qanun No. 9/2008 indicated that Aceh government could do nothing to resolve the offences like khalwat through court (Mahkamah Syariah). The fact that there was no single (plural) jurisdictional authority encouraged people in looking for favorable rules. The number of khalwat offences weren’t resolved by Mahkamah Syariah by the cane (cambuk), but through traditional institutions by a variety of fine custom, asserting such this assumption. This study asserted Daniel S Lev’s point of view that Islamic law was never been accepted by unanimous anywhere. Islamic law was often modified to suit the local values, accepted, and regarded as Islamic law which derived its validity from the scholars or religious authority. This study also asserted the institutional theory of Gresham which said that a formal process tended to be avoided in order to resolve the dispute through a process which is more family-oriented and more accommodating. This study also criticized the opinion of Alyasa Abu Bakr said, that the completion of seclusion cases through traditional mechanisms will strengthen the enforcement of Islamic law. Instead, this paper put forward the argument that the resolution of these cases through traditional mechanisms seclusion will weaken the enforcement of Islamic law. Keywords: legal pluralism, fine custom, cane, khalwat]]>
<![CDATA[KEDUDUKAN MASLAHAH DAN UTILITY DALAM KONSUMSI (MASLAHAH VERSUS UTILITY) ]]>
<![CDATA[Aisa Manilet]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.8
<![CDATA[Requirement in Islam consists of dharuriyat needs, hajiyat, and tahsiniyat. The third is the need to have priorities that must be accomplished, and can not be postponed. In practice consumption, sometimes difficult to distinguish between needs (hajjah) with the desire (raghbah). Consumption aims to maximize maslahah, not satisfaction. Maslahah is good that one feels along the other side. While the utility is the satisfaction felt by someone who could be contradictory to the interests of others. So, maslahah and utilities alike the goal and can be achieved both by not bringing harm. Islamic consumer behavior based on rationality enhanced and integrate faith and truth that goes beyond human rationality is limited based on the Qur'an and Sunnah. Islam gives the concept of satisfying needs accompanied by moral force, without distress and the harmonious relationship among men. Keywords: maslahah, utility, consumption]]>
<![CDATA[MEMBINCANG QIYAS SEBAGAI METODE PENETAPAN HUKUM ISLAM ]]>
<![CDATA[Farid Naya]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.13
<![CDATA[Qiyas is among the methods for implementing Islamic law. In principle qiyas equate something with something else, meaning equate a pre-existing legal provisions to something that is already in its legal set to something already established legal, because there illat similarities between the two. Qiyas has an important role in this regard Islamic law as the first, Islamic law has been described and set laws in the Qur'an and Hadith are very limited in number and his explanations. Secondly, a new issue arises that there is no legal firmness in the Qur'an and the hadith the prophet is very diverse and complex and constantly in need of certainty. Thus, through the method of qiyas this is all legal issues have not firmness and legal certainty can be resolved properly and correctly. Keywords: qiyas, islamic law]]>
<![CDATA[HALAL PRODUCT CONSTITUTION AS INDONESIAN MUSLIM SHIELD ]]>
<![CDATA[Muhamad Ikhwan Lukmanudin]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.1
<![CDATA[The stronger the legal basis of halal agencies, the more guaranteed halal products circulating in the community. As Indonesia is a country with a majority of Muslim population in the world, its products such as food, beverage, medicine and cosmetics that are produced and circulated should not be doubted about its halal status. However, with the rise of products containing haram ingredients as well as imported products that are not guaranteed as halal, it is necessary that the government establish an agency administering guaranteed halal products, moreover as we entered the era of global trade and the issue that government will legalize alcohol. After conducting a comparative study toward halal institutions in Europe, America and Asia, it is known that halal agencies sheltered under the government shows better performance than private institutions that do not have a strong legal basis. Keywords: agency, product, and halal]]>
<![CDATA[AL-MUSYKILAH AL-IQTIṢÂDIYAH DAN TIME VALUE OF MONEY DALAM KITAB AL-TAFSÎR AL-IQTIṢÂDÎ LI AL-QUR'ÂN AL-KARÎM KARYA RAFÎQ YÛNUS AL-MAṢRÎ ]]>
<![CDATA[Didin Baharuddin]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.9
<![CDATA[This paper discusses the economic problems and the time value of money contained in the book Al-Tafsir al-Iqtiṣâdî li Al-Quran Al-Karîm works Yunus Rafiq Al-Masri. The book Al-Tafsir al-Iqtiṣâdî li Al-Quran Al-Karîm an interpretation of contemporary books written by an economist (practitioners and academics), so that the economic approach is very strong in the book of this interpretation, which is not found in the books of other commentators , The approach to be distinctive in the book of commentary makes the Koran as problem solving for the dynamics of the public indefinitely. This paper will discuss the interpretation of Rafiq Yunus Al-Masri about the verses that contain the terms of the economy (al-Musykilah Al-Iqtiṣâdiyah) or economic problems and the time value of money. Keywords: term economy, time value of money, Tafsîr al-Iqtiṣâdî li Al-Qur'ân Al-Karîm]]>
<![CDATA[KEBUTUHAN EKONOMI DAN KAITANNYA DENGAN PERCERAIAN (STUDI ATAS CERAI GUGAT DI PENGADILAN AGAMA AMBON) ]]>
<![CDATA[Husin Anang Kabalmay]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.3
<![CDATA[One major problem often encountered husband and wife, is the economic needs of the household. The husband's inability meet the needs of the economy will lead to marital disharmony easily trigger a divorce. So the data in the Religious Ambon showed that the biggest factors causing disharmony divorce is closely related also to the economic problems. In that regard the divorce rate in the Religious Ambon predominantly ethnic immigrants from outside the Moluccas. While the divorce rate is relatively low indigenous population, which caused still strengthening kinship, kinship solidarity and local wisdom. In addition, my wife looked at divorce divorce for reasons of economic pressures, as an irresponsible husband, greeting quantity divorce from husband would hamper meet daily needs; and lazy husband who works a dishonorable act. Keywords: economic needs, contested divorce]]>
<![CDATA[SISTEM PERLINDUNGAN UPAH DI INDONESIA ]]>
<![CDATA[Evy Savitri Gani]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.10
<![CDATA[Wages are very important for the workers or laborers. Wage workers or laborers can meet their needs. Importance of wages also followed with a complex problem. One of the problems of wages that employers or employers who do not pay wages in accordance with existing regulations, its becaused workers as the weaker party by employers. Government as the most important preformance working relationships required to protect workers as the weaker party. Therefore in Law No. 13 of 2003 on employment set wage policy that protects the interests of workers or laborers, among others, about the minimum wage, overtime, wages do not come to work because of something, and others. All the above remuneration shall be implemented by employers and the government must watch so as to create a good wage sistem. Keywords: wages, laborer.]]>
<![CDATA[SOLUSI PENYELESAIAN PERCERAIAN YANG TIDAK DICATAT ]]>
<![CDATA[St. Syahruni Usman]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.5
<![CDATA[No lasting marriage last forever, until death couples. Many couples who end a marriage through divorce. In this connection, ideally divorce must be registered and based on court decisions. However, many divorces that occur in society without noting the authorities. The cause of the divorce were not recorded, are: 1) the marriage has not been/is not registered at the Office of Religious Affairs; 2) the absence of costs in applying in the Religious; and 3) do not know the law that applies (legally blind). Solutions to divorce is not recorded, are 1) the legal process of divorce and divorce contested divorce preceded ithbat marriage to marriage is not recorded; and 2) to apply or if it is not able to divorce lawsuit filed by case basis without cost. Keywords: divorce settlement, not recorded]]>
<![CDATA[PERAN POLRES PULAU AMBON & PP. LEASE TERHADAP TAWURAN ANTAR PELAJAR DI KOTA AMBON DITINJAU DARI HUKUM ISLAM ]]>
<![CDATA[Fauzia Rahawarin]]>
<![CDATA[ TAHKIM Vol 11, No 1 (2015) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v11i1.11
<![CDATA[Brawl between students often occurs in the Ambon city. This study aims to determine how the handling of police Polres Pulau Ambon & PP. Lease of the brawl between students in the city of Ambon, and to find out how Islamic legal review of the brawl between students in the Ambon city. This type of research is the field Research. The type of data used are primary data and secondary data sourced from the study site and literature. Data were analyzed by deductive and inductive. Police handling of the brawl, the process of handling and guidance of the police that data held school of origin, residence address, ordered to perform physical activities and asked the whereabouts of parents. After that call, the parents and from the school, was given guidance by the police Polres Pulau Ambon & PP. Lease. According to Islamic law, students who are involved fighting between students can not be sentenced to a criminal, because immature. In addition, the handling of fighting between students in the Ambon city, according to Islamic law is coaching actors brawl between students, both the parents and teachers at school. Keywords: brawl, students, criminal liability, Islamic law]]>
