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INDONESIA
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 12 Documents
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Search results for , issue "Vol 13, No 2 (2017): TAHKIM" : 12 Documents clear
KEKERASAN DALAM RUMAH TANGGA DALAM PERSEPSI TOKOH AGAMA ISLAM DI PULAU AMBON La Jamaa; Gazali Rahman
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.370

Abstract

This paper examines issues of domestic violence in the perception of Islamic religious leaders on the island of Ambon. The problems in this paper are how the forms, perpetrators, and victims of domestic violence, which are dominant in society. Data were collected through interviews, and analyzed qualitatively descriptively. The result of the research shows that according to the perception of Islamic religious figure on the island of Ambon, the dominant form of domestic violence in society is physical violence which is often done by husband, or psychic violence done by wife to husband. Domestic violence perpetrators dominated by husbands or parents. While the vulnerable to become victims of domestic violence is the wife and children. It is relevant to the theory of power relations, nature theory, nurture theory and patriarchal ideology that is still dominant in society.
PERKEMBANGAN PERADILAN AGAMA PASCA LAHIRNYA UU NOMOR 7 TAHUN 1989 HINGGA SAAT INI (KEWENANGAN, PEMBINAAN, PENGAWASAN DAN DASAR HUKUM) Basri Basri
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.366

Abstract

The existence of Law No. 7 of 1989 on Religious Courts is an implementation of Law Number 14 of 1970 on Basic Provisions of Judicial Power. Post-birth Act No. 7 of 1989 has changed through Act No. 3 of 2006. So that there is a change of power in the environment of Religious Courts. Law No. 3 of 2006 extends the authority of the Religious Courts to the handling of zakat, infaq and syari'ah economics cases. Meanwhile, the new Law on Religious Judicature, No. 50/2009 contains new changes / additions.
MENGUNGKAP KEBERADAAN FIKIH: KEBENARAN RELATIF YANG DIANGGAP ABSOLUT Defel Fakhyadi
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.371

Abstract

This article proves that fiqh is a form of understanding of a person in understanding the meaning contained in the Qur'an and Sunnah. Fiqh is an intellectual property in understanding Islamic law so that the existence of jurisprudence must be in accordance with the development of the times and human needs. The sacrality to fiqh is something wrong because fiqh is an understanding of the voluntary law. The development of jurisprudence can reach the golden age if the ulama are open to criticism, not the madhhab fanaticism and always reform Islamic law so that Islamic law will be easy to absorb in life and society life. Responsive and conditional Islamic law is a legal aspiration desired by the shari'ah because the principle of sharia is the achievement of the benefit of the umma (maqasid shari'ah)
KESETARAAN LAKI-LAKI DAN PEREMPUAN DALAM KEHIDUPAN MENURUT ISLAM Halid Hanafi
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.367

Abstract

Islam comes women treated the same and equal with men. Women are not only protected from the domination of men's power, but also given rights and obligations according to their nature. Although in the present era there is still much thought, that men are higher degree or greater than women. Because empirically still dominant role of men in social life. But the dominant role of men in social life is not because of the greatness of men themselves but because of the support of the softness, sincerity and patience of women who run a role well in the family environment. This indicates the existence of an equal role in social life between men and women. Different roles are only in accordance with their respective natures.
TAS’IR (PRICE FIXING) DALAM PERSPEKTIF MAQASHID AL-SYARI’AH Didin Baharuddin
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.384

Abstract

The condition of the price of goods on the market has ups and downs. Under normal conditions the Government does not need to intervene in the market price of the Islamic economy known as tas'ir. This was done by the Messenger of Allah. However, the Prophet's stance does not apply in critical condition, especially when there is an increase in the price of goods that soar (distortion) caused by ihtikar, tadlis, taghrir, and monopoly. So according to the scholars, tas'ir allowed to realize the benefit for the community in accordance with maqasid al-syari'ah, especially maintaining property (hifz al-mal).
DAMPAK KONFLIK TERHADAP PEREKONOMIAN MASYARAKAT DI NEGERI MAMALA DAN MORELLA Naya, Farid; Malawat, Rosita
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.368

Abstract

This study aims to find answers to two research queation. Firt, why the conflik continue to occur at both the community? Second, how the conflikt persistent impact on the economy of these societies? Data obtained through observation, interview and documentation. Data analysis begins with making abstraction, making categorization, coding, data validity checking, and interpret data and draw conclusion. The results showed that, first, the conflict is a consequence arising from social interaction with a social structure that is built in the community both countries. The second aspect of the historicity of the country to be one trigger their intensity conflict. Cleim legitimacy of customary dyeing masyaramat awareness of both countries. Second, conflicts which continue to experience the intensity, has a negative impact on both the community. One is the level of the costliness of the local community product sales. Start of production of fish by fishermen arrests in both societies.
PRINSIP HARMONISASI DALAM PENGELOLAAN SUMBER DAYA LAUT DI DAERAH KEPULAUAN INDONESIA M Ridwan
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.364

Abstract

Indonesia's resources are essentially sourced from the maritime sector that can be well developed so as to help the region to achieve economic, social and political objectives. The development of the maritime sector can also contribute to the integrity of the economy, through increased production, industry, services and self-sufficiency in the maritime sector. The management of marine resources based on the diversity of people, can provide justice for the community, because the community is involved both in the process of planning, implementation, implementation and evaluation and monitoring, so that the rights of the community can be fulfilled both jurisdic and economically.
BERJIMA’ PADA SAAT KEHAMILAN PERSPEKTIF MEDIS DAN ISLAM Muhamad Ikhwan Lukmanudin
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.369

Abstract

This study proves that conjugal contact during pregnancy is allowed in the medical side as long as it does not pose a risk to maternal and fetal health, this is in line with Islamic principles that allow intercourse during pregnancy. This theory is in line with the opinions of Sandra Nakić Radoša (2015), Charles P. Vega (2013) and Anne Katz (2010) they argue that the jimā 'in pregnant women provides greater benefits than the side effects. This theory is inconsistent with the opinions of Shaun M Khedun (2011), Leah Millheiser (2012) and Hatice Yıldıza (2015) argue that jimā 'in pregnant women has more side effects than benefits. This research is quantitative based on empirical data, then quantitative medical data is analyzed through qualitative approach based on bibliography, thus yielding conclusion from Islamic sharia perspective. Primary data source in the form of medical check up of pregnant women in the form of tension, HB level, pulse rate, temperature, respiration and general condition, while secondary data source is result of interview to patient and cleric. Facts in the form of results of health checks of pregnant women Muslimah obtained then analyzed using measuring instruments Blood Pressure Tensimeter, Hb Sahli (Haemometer), Respirometer, and Digital Thermometer. While the interview data is used to support the health examination result data. The first step taken in this study is the patient sexual activity interview, aims to ensure that the samples used in this study really routinely perform sexual activity during pregnancy. The second step done in this study is the interviews of the complaints felt by the patient. Based on the results of the study of 42 samples showed that 2 patients sometimes feel a little pain, 1 patient had a little dizziness and 39 others did not complain of pain. The third step taken in this study is a vital health examination. Based on the results of the examination showed that all samples examined have normal range values and the conclusion is in good and healthy condition.
Studi tentang Kesiapan Pengadilan Agama Ambon Kelas IA terhadap Penyelesaian Sengketa Perbankan Syariah Menurut Undang-Undang Nomor 3 Tahun 2006 Tentang Pengadilan Agama Pasca Penetapan Undang-Undang Nomor 21 Tahun 2008 Tentang Perbankan Syariah Hasan, Hasan; Shardi, Akbar M
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : TAHKIM

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

Abstract

This research titled Study About Preparation of Ambon's Religion Justice class IA to solve Syariah bank dispute Based On UU No. 3, 2006 After UU's Establishments No. 21 On 2008 About Syariah Bank. In its development researcher lifts about problem subject how Preparation of Ambon's Religion Justice class IA to solve Syariah bank dispute Based On UU No. 3, 2006 After Establishments UU No. 21 On 2008 About Syariah Bank. Observational method that used in this study; field reasearch's observational type by orients on descriptive kualitatives, normatives approaching, data collecting method using interview method whereas analisis data used are deduction, induction and comparability. There is result research, esentially, Justices of Ambon's religion Class IA, was ready in order to solve syariah bank dispute evident judge have preparing self variously; often gets discussion with judge humanity, study orders concerning with syariah economic for example; Islamic Law compilation, Jurisdictional compilation of Syariah Economic, UU No. 21 on 2008 About Syariah Bank and fiqhi's books includes classic book and also fikhi kontemporer's book at single-sided. On the other side religion justice judge class IA Ambon tries to follow executed program by Supreme Court concerning education and syariah's economy training but haven't available graduate one. Meanwhile dispute working out performing syariah's bank was carried on Ambon's religion justice Class IA Caused by; human resource of judge preparation situation is still less be equal, occasionally, judge mutation happened in religion justice, troublesome society unwillingness at religion justice because need much cost and time, and its reducing socialization various rule that manage syariah economic or syariah's banking to Ambon's city society.
PENGEMBANGAN BISNIS TANPA RIBA Iwan Setiawan
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.716

Abstract

The development of wealth is not something that is prohibited but God has outlined the rules in the development of wealth to create harmony and human order. The development of assets with usury instruments is a prohibited method. Likewise with interest based on the 2003 MUI fatwa which states that even interest is usury that is unlawful. Usury is not only forbidden based on the syar'i argument, but the practice of usury has a negative impact on the economic order of a country. This study uses a descriptive qualitative research approach, namely by describing the phenomenon of usury as well as arguments that are pro and counter to interest as an innovation of capitalist ideology. The results of this study are that interest included in usury is prohibited even though it does not multiply and has a negative impact on the economy such as causing inflation in 1998. The solution to avoiding usury practices is the mudharabah contract. This contract is friendly to entrepreneurs and consumers because profits and losses are borne together. Keywords: Usury, business, interest

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