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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 13 Documents
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Search results for , issue "Vol 9, No 1 (2013)" : 13 Documents clear
MANUSIA DALAM SOROTAN AL-QUR’AN (SUATU TINJAUAN TAFSIR MAUDHUI) Roswati Nurdin
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.96

Abstract

This paper describes the concept of humans in the Qur'an that were examined by the method of thematic(maudhui). Subject matter includes concepts and functions of human beings, both as individuals and communities. Searching the nature of man is not only based on subjective view, which resulted in the issue of human nature becomes blurred. As a result of the creation work, the issue should not be studied apart from the human point of view of its creators to acquire comprehensive knowledge. If this is accepted- examine the human perspective on its creator -the only way to get to know who the man was referring to the divine revelation, so that the answer can be found. To this effect, certainly not enough to simply refer to one or two verses, but it should refer to all the verses of the Koran (or at least the primary verses) that talks about the issues, the learning context, respectively, and for the affirmation - kind of Prophet explanation, or facts that have been scientifically established. This way are known in the Qur'an disciplines as maudhuiy methods (thematic) Keywords: The Human, the Qur’an, thematic method
KEDUDUKAN HUKUM ADAT DALAM HUKUM ISLAM Abd. Rauf
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.86

Abstract

The custom of urf shahih, either in the am form (general) or in the typical form (special) can be used as an argument in the Islamic law. Islamic criminal law as qishas, was not a new law but the long-standing (custom) in Arab community. The primary changes made by Islamic law in the qishas is included the balance principle into a qishas legal framework. Similarly, in the commercial transactions, for example, the role of custom is seen at bai'a-ariyah institutions, tax payments in the form of usyur (1/10), the use of scale, and sizes, as well as divorce. Therefore there is relationship between customary law and Islamic law. In dealing with the custom of Arab community, Islamic law take the ways, among others: (1) Islamic law adopted the custom as a whole, either in principle aspects or in the implementation aspects, for example, diat, ariyah sale and purchase, (2) Islamic law adopt the customs from the principle aspects, but in practice adapted to Islamic law. For example, in the case of ila' and zihar has been prevailed in the custom of pre-Islamic Arab, and (3) Islamic law make nasakh or abrogated the custom and the old institutions, either in principle or in the implementation terms. Keywords : customary law , relations , Islamic law
KONFLIK HUKUM UNDANG-UNDANG RI NOMOR 19 TAHUN 2002 TENTANG HAK CIPTA DENGAN HAK-HAK MASYARAKAT ADAT DI INDONESIA Asma Karim
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.92

Abstract

This article discusses the law conflict of Act RI No. 19, 2002 on Copyright with the traditional community rights in Indonesia. This study used a normative juridical method. Based on a normative study can be recognized: First the Act No. 19, 2002 lead to the law conflicts because of the formulation of Article 10 of this Act only authorizes the head of state as the Folklore holder (Folklore: part of the Traditional Knowledge) but the community rights as the owner of Traditional Knowledge and the Folklore itself was not accommodated in this Act, so that its existence was marginalized. Secondly, the differences in paradigms on the ownership concept between the customary law and Western law in the protection of intellectual property rights lead to many deviations that adverse the traditional community rights themselves. Keywords: Law Conflict, Act on Copyright with the Traditional Community rights
ULUL ALBAB DALAM TAFSIR FI ZHILAL AL-QUR’AN KITAB TAFSIR SAYYID QUTHB M. Taib Hunsouw
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.97

Abstract

One of the great Sayyid Qutb’s works is Tafsir Fi Zhilal al-Qur'an which has adabi patterns or literature and preaching. One verse that becomes the author concentration of his tafsir is the ulul albab verses meaning “the owner of the doors” or who has brain or mind that concentrate to Allah. "Of 16 verses containing Ulul albab only seven verses are reviewed in this article. Of course his study on Ulul Albab is not exhaustive him but from other meanings existed in his tafsir is envisaged that people who use their brains in the way of Allah and read the signs of Allah both kauniyah and qauliyah are those the ulul albab. Instead though use the reason but do not has purpose and lead to Allah it is not called the ulul albab as hinted at the end of the Surah Ali-Imran verse 191. Keywords: Ulul albab, interpretation of the Koran
HUKUM KELUARGA DI AFGHANISTAN Hasbollah Toisuta
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.87

Abstract

The family law on its development gets government and scholar attention in the Islamic world, included in Afghanistan. It is interesting to investigate given has been enacted the marriage law, Qanun-i Izdiwaj in 1971 in Afghanistan based on the Egyptian Family Law in 1929 and fully enforce the Maliki’s law on the women rights to file divorce in the court. In addition, the provisions of this law amended the practices prevailing locally related to marriage and divorce. Although in some cases are still bound to the Hanafi school fiqh, the family law in Afghanistan has undergone reformation in line with the modern world development. The reformation system of its family law leads to extra doctrinal reform, by way of giving new interpretation, which sometimes differ from the provisions of Hanafi’s school followed by majority of its population. The reformation material of family law undertaken in Afghanistan, is the dowry, child marriage, polygamy and divorce. Keywords: reformation, family law, Afghanistan
LEGALISASI DEWAN SYARIAH NASIONAL DAN KOMITE PERBANKAN SYARIAH DALAM PANDANGAN FIQHI EKONOMI PERBANKAN Eka Dahlan Uar
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.93

Abstract

Implementation of tasks and functions of National Council of Sharia and Committee of Islamic Banking is closely related to legislation of the banking economics Fiqh. In development of the Islamic banking, legalization between National Council of Sharia in a work meeting to make a recommendation for the Committee that can be enacted as the Bank Indonesia Regulation. Based on the analysis, it can be concluded that between implementation of the tasks and functions of National Council of Sharia in the Islamic economics sector has been implemented base on the decision of DSN-MUI. No.1, 2000 on the Basic Guidelines of the National Council of Shariah of Indonesian Ulama Council and Decision of DSN-MUI No. 02, 2000 on the Household Guidelines of National Council of Sharia of Indonesian Ulama Council, which has brought forth the decision in the form of fatwa as well as legalizing both institutions and made as the icon base for the implementation of banking economic in Indonesia. Keywords: National Council of Sharia, Committee of Islamic Banking, fiqh muamalah
PERKAWINAN LINTAS AGAMA DAN PENGARUHNYA TERHADAP KEHIDUPAN RUMAH TANGGA (SEBUAH KAJIAN TAFSIR) Much. Muallim
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.88

Abstract

Marriage is social action that has biological nuanced, but it become attention, even the part of Islamic teachings .This is evidenced by many verses of the Qur'an and Hadith (narrations) of the prophet Muhammad that explain about the marriage. He (the prophet) gives guidance and concrete examples on the subject, which of course (all of them) to exemplify the procedures and rules that should be followed by Muslims. But some problems will appear, when the marriage is confronted with interreligious cases; among the perpetrators, which it has reaped a long debate since early time of interpreting holy Quran by the first generation of Muslims (read: Companions). The debate continues, even now. In the formative period of Quranic interpretation, the debate appeared among Islamic scholars about feasibility of Muslims to marry ahl al-kitab women. In this case, majority of companions including 'Umar bin Khatthab ra, Uthman ibn' Affan ra, 'Ali bin Abi Talib ra, and also Ibn' Abbas allowed the marriage (between Muslim men and ahl al-kitab women), although there are several requirements that must be met. But according to 'Abdullah bin ‘Umar, the marriage should not happen, because the abuses that committed by ahl al-kitab has reached the stage of shirk, associating partners with Allah. Nevertheless, the next generation (tabi'i), more likely to take the first opinion (majority opinion), because it was considered more suitable with the practice of zahir al-nass. Thus, conceptually, inter-religious marriages between Muslim men with ahl al-kitab women can be done. But in practice, its implementation must consider several important aspects, which relate to due to marriage, both juridical-normative and social view. Among some urgent things to be caution is about the religious future of their children, as well as accountability (Muslim man) as the head of the family, in the Hereafter. And if each potential perpetrators of interfaith marriage actually consider some of these results, they won’t certainly be easy to do the interfaith marriage. Keywords: interfaith marriage and Quranic interpretation
KEMISKINAN DAN PENGARUHNYA TERHADAP KEJAHATAN DALAM PERSPEKTIF TEOLOGIS DAN SOSIOLOGIS Mahmud Ishak
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.94

Abstract

The poverty is sometimes supposed as a part of Allah destiny and identifies the poverty as the pious lifestyle. The assumption that poverty as part of Allah destiny has been a justification reason the emergence of lazy attitude on the part of Muslims to seek for the sustenance. In addition, the proliferation of many crimes that occurred in various parts of the country at homeland there is relation to the poverty wrapped to the offenders. So that sociologically the poverty is one of the main causes of crime. And theologically, the poverty is considered as the causing root of kufr, because the act of committing crime itself becomes a measurement the fragility of one's faith. Keywords: poverty, crime, theological and sociological perspectives
RESPONSIBILITAS HUKUM ISLAM DALAM MENGHADAPI TANTANGAN GLOBALISASI Abd. Jabar Abdul
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.89

Abstract

Islamic law aims to materialize the welfare and happiness of mankind. Habituation of Islamic law which originated from revelations of Allah and sunnah of Prophet, requires a comprehensive understanding to the purpose of Allah in establishing Islamic law to mankind. The awareness on this case has implication that welfare and happiness of human are laid in how long implemented the Islamic law. A mankind comprehension and consistency to Islamic law in early period has freed human from the bondage of idolatry and oppression, spirit and jihad enthusiasm are emitted from Islamic law has led to the glory and resurrection of Islamic civilization. Conversely, the setback and lag of Muslims civilization were originated from negligence, denial and weakening of Muslim jihad enthusiasm. Encountering the modernization and globalization challenges, there is no choice but returning to the spirit of Islamic law that can provide inspiration for strengthening a human integrity based on monotheism, development of scientific ethos, good deeds, and reformation movement suggested that Islamic law is always dynamic, universal and responsive to dynamics of the progress of time. Keywords: responsibility, benefit , Islamic law
KEKERASAN DALAM RUMAH TANGGA: PENGARUHNYA TERHADAP PENDIDIKAN KARAKTER ANAK DAN SOLUSINYA PERSPEKTIF ISLAM Jamaa, La
TAHKIM Vol 9, No 1 (2013)
Publisher : TAHKIM

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

Abstract

The occurrence of domestic violence is considered had bad influence, either directly or indirectly to various acts of violence in the community, either fighting between the learner/student, motorcycle gang and between villages/areas as well as gangsterism in the community. It shows that domestic violence most affect the children's educational character. As the children learn and imitate and acquire knowledge of the use of violence at solving the problems. The children can learn and imitate from the violence acts committed by father to their mother, and peers, teachers/lecturers against him. To minimize the adverse effects of domestic violence, according to Islam is needed a solution through the children character education in three ways, namely: (1) choosing a husband/wife who has a good religiosity, (2) prevent children from the domestic violence atmosphere, especially when both parents are quarreled, and (3) provide the exemplary in doing good to the children from early age by combining the knowledge aspect of goodness, feel, and love the goodness and action (practice the goodness) so that children have good character, and did not wish doing violence to someone else. Keywords: domestic violence, character education

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