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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
 1   2 
Search results for , issue "Vol 9, No 2 (2013)" : 13 Documents clear
PEMBENTUKAN PERATURAN DAERAH YANG BAIK SEBAGAI SARANA MEWUJUDKAN TUJUAN OTONOMI DAERAH Dayanto Dayanto
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.81

Abstract

The regional regulation is a product of regional legislation in accordance with the scope of regional autonomy in terms of self-regulation on the domestic affairs in the frame of unitary state of Indonesia in accordance with the mandate of regional autonomy as stipulated in the Acts RI No. 32, 2004 on the Regional Government. However, in reality, the establishment practice of regional regulation still shows the existence of regional regulation products which categorized as problematic regional regulation that contradictory to the goals to be achieved by the regional autonomy policy. Therefore, it is necessary formulation of good regional regulation based on the arrangement foundation and a proper preparation. Keywords: regional regulations, regional autonomy
KONSEP DAN DASAR KEUANGAN DALAM ISLAM Rizal Darwis
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.77

Abstract

Economic globalization as a legitimate child of the capitalist economy is believed does not able to provide prosperity for all people. This fact is born out of the basic vision of the capitalist economy is not shared prosperity but the economic domination by the capital owners, so what happens is that the rich become the richer and the poor become the poorer. Starting from the phenomenon around 1997's, the economists began to look at the economics practices based on sharia as practiced by the Prophet saw. The economic practices applied by the Prophet is started from the sources of Islam, namely the Qur'an. This paper describes on the concept of financial institutions in the Islamic history, concepts and basics of finance in Islam. Keywords: financial institutions, the basic concept of Islam
KRITIK MATAN HADIS DI KALANGAN SAHABAT Husen Maswara
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.82

Abstract

The companions are known to be very enthusiastic listening hadith of the Prophet saw. However, sometimes there is a companion who heard hadith of the Prophet from other companions, but he silence it, because it was not in line with the view of other hadith or with her understanding of the Qur'an. If there is a companion who reject another companion history, or criticized in terms of matan, it does not mean the critics on the right side, because “the hadith criticism” has very broad field and a field of ijtihad. Of course, the results of criticism were adjusted to the view of concerned critics, or because he thinks are not in accordance with his understanding of the Qur'an, common sense, or assunnah (more saheeh). But there are other companions who disagreed. Keywords: Hadith criticism, matan hadith, validity level of hadith
MAKANAN DAN MINUMAN DALAM PERSPEKTIF HUKUM ISLAM Huzaemah Tahido Yanggo
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.72

Abstract

Humans have several primary needs. One of the primary needs of human is food and beverages. In Islamic teaching, food and beverages consumed by humans, especially Muslims should be selective, that is permitted (halal) according to instructions of Allah in the Qur'an and explanation the Prophet of Muhammad in the hadith, as well as thayyiban in quality, ie. the foods useful to the body, not damage, not disgusting, awful, is not expired and not contrary to Allah instruction, because it is not forbidden. The Islamic law through al-Quran and Hadith has established some kind of food and beverages which prohibited to consume by Muslims, among others, carrion, blood, pork, animals slaughtered in the name of other than Allah, as well as the wine and all kinds of intoxicants beverages.The food and drinks are forbidden because threatens the human life, contrary to the maintenance of life (hifz al-nafs), maintenance of intellect (hifz al-'aql) and maintenance of property (hifz al-mal) in maqasid al-Shari'ah. Keywords: food, beverages, Islamic law
E-COMMERCE DALAM SISTEM PEMBUKTIAN PERDATA Tuti Haryanti
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.78

Abstract

The development of today's technology makes it easy to make ends meet. But behind the ease of not a few causing problems particularly regarding the validity and completion process extremely difficult, both non-litigation especially in litigation, because the legal relationship is conducted through the virtual world without face-to-face direct (electronic transactions). Agreements that do not qualify subjective (Article 1320 BW) and there is compliance achievement, the agreement is valid, but the legal consequences, which may be requested cancellation. If not requested cancellation to the judge, the agreement remains binding on both parties (the sender and receiver). Conversely, if the objective conditions are not met then, the agreement is null and void. Evidence used in Electronic Commerce is the electronic evidence as stipulated in Law No. 11 Year 2008 on Information and Electronic Technology is an electronic document such as micro film and data storage devices. However, other evidence will still be required, if it can make the light and give confidence in the truth to the judge for an event it is not contrary to the law. Keyword: Electronic Commerce, Evidence, private law.
MENGENAL MUSNAD AHMAD IBN HANBAL Rustina N
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.83

Abstract

The existence of hadith is very urgent in Islamic law, because hadisth is the second source of Islamic law teachings. In this regard an hadith is worthy made as the source of Islamic law if it meets the validity level both sanad and matan. The validity level of hadith is most varied depending on the writer. One of the Hadith Book is Musnad Ahmad ibn Hanbal. From the result of study is recognized that there is authentic quality and some are dhaif (weak) hadiths in the Musnad Ahmad bin Hanbal The existence of the hadith dhaif in Musnad Ahmad was influenced by the attitudes and his views that more preceding the weak hadith than opinions or ra'yu. He also allows the use of hadith dhaif as basis in the problem of fadhai ‘amal or basic on the benefit and utility of a practice. Keywords: Musnad Ahmad ibn Hanbal, validity level of hadith
DINAMIKA WAKAF DI INDONESIA (KAJIAN KOMPETENSI PERADILAN AGAMA) Abd Khalik Latuconsina
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.73

Abstract

The property that may be provided as waqf is more in the form of unmoving objects, so its allotment is not maximum for the social benefit. In addition, the community comprehension on waqf is more dominant positioned as object that may not be changed, including for being empowered. It causes the waqf property less productive for maximally social benefit. Majority of wakif from Indonesian Muslims have held to the conservative view of Asy-Syafi'i stating that the waqf property may not be exchanged for any reason. The waqf practices applied in Indonesia is still carried out conventionally which vulnerable to cause various problems and not a little that end up in the court. In this regard the Religious Court has authorities to resolve the case of waqf. Keywords: waqf, competency, religious courts
KEDUDUKAN KONSTITUSI DALAM PRAKTIK KETATANEGARAAN SAUDI ARABIA Nur Rohim
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.79

Abstract

Almost no country that does not have the current constitution. This indicates that the constitution is an absolute must exist in a country, although there are some States that make it as an unwritten constitution. Similarly, Saudi Arabia Monarky Absolut shaped, although the provisions of the basic law states (constitutional) state is al-Quran and al-Sunnah, but in its application to put forward the decree of the king as the main source of law. Interestingly, there was a decree issued by King Fahd king in the year 1412 AD H/1992 as The Basic Law of Government named an al-Nidzam al-Asasi lil Hukmi terms and conditions that meet the elements of the constitution. Even henceforth serve as the primary basis in constitutional Saudi Arabia, such as General Principles, Systems Administration, Member of the Saudi Society, Principles of Economics, Rights and Obligations, State Power, Financial Affairs, Audit and Control Authority, and the General Assessment. Even after the decree is also used as the basis for the kings decree. Keywords: Constitution, Decree of the King, constitutional
AL-MUJMAL DAN AL-MUBAYYAN DALAM KAJIAN USHUL FIQH Farid Naya
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.84

Abstract

Quran and hadith is the source of Islamic Law, which the each used Arabic. So, to understand Islamic Law’s from Quran and hadith, must be understand about grammar language in the Arabic grammar and some of sentence in the Arabic text to find the meaning. One of the way to find the meaning from sentence’s of the Arabic text is Ushul Fiqh Approach. Kind of sentence in the Arabic text discussing here are al-Mujmal and Al-Mubayyan. By understanding those, we understand to Islamic law’s in Quran and Hadith as good and right until we can accomplish it by believe. Keywords: Al-Mujmal, Al-Mubayyan and Ushul Fiqh
WAKAF TUNAI DAN PEMBERDAYAAN UMAT Aisa Manilet
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.75

Abstract

In addition to as one of the spiritual-dimensioned teachings aspect, waqf is also a doctrine emphasizing the importance of economic welfare (social dimension), which is expected to play an active role in building and prospering the community. Development of waqf in Indonesia has now increased up to qash waqf (cash). In the historical perspective, waqf was most instrumental in developing social activities, economics and Islamic community culture by establishing the places of worship, education, health, social and public libraries, such as in the middle east. Therefore the existence of waqf in Indonesia either unmoving or moving waqf should be a serious attention from the government, so the usage can impact significantly. Keywords: waqf

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