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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 286 Documents
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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.
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.
PERAN POLRES PULAU AMBON & PP. LEASE TERHADAP TAWURAN ANTAR PELAJAR DI KOTA AMBON DITINJAU DARI HUKUM ISLAM Fauzia Rahawarin
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.11

Abstract

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
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.
STUDI HUKUM PERBANDINGAN SISTEM KETATANEGARAAN MALAYSIA DAN INDONESIA Nasaruddin Umar
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.80

Abstract

Generally Malaysian legal system is influenced by the tradition of English Common Law System while the Indonesian legal system more mengadobsi tradition of Dutch civil law system in addition to the system of Islamic law and customary law systems also affect the national law of each country. Comparative study of constitutional law system Malaysia and Indonesia is a constitutional law studies using normative legal research with comparative law approach to examine the advantages and disadvantages of the legal systems of both countries, especially in the state system between the two countries including the judicial system, in order to obtain a overview of the differences and similarities of national legal systems of both countries. Based on the research results through liberary research found that institutional format nagara Malaysia and Indonesia have differences in terms of both form the state and the ruling party. Malaysia is a country that adheres to the type of federal state which includes federal and state government system with a democratic monarchy. While the Indonesian state, which includes the unitary form of the central government and autonomous regions with a republican system of government with the principles of constitutional democracy. In addition, it was also discovered that a power-sharing system of Malaysia and Indonesia when viewed from theory Trias politica have differences. Where The diPertuang Agong as the Head of State Malaysia holds three (3) as well as the power of the executive, the legislative and judiciary powers. While in Indonesia the third power of each stand-alone, in which executive power is held by the President, the legislative power by Parliament and judicial power in the hands of the Supreme Court and the Constitutional Court. Keywords: comparative studies, constitutional law, Malaysia, Indonesia.
PERKEMBANGAN HUKUM ISLAM DI BIDANG PERDATA STUDI ANALISA TINJAUAN HISTORI Maudin Maudin
TAHKIM Vol 13, No 1 (2017): TAHKIM: JURNAL HUKUM DAN SYARIAH
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i1.318

Abstract

History of the development of Islamic civil law in Indonesia can not be separated from the history of the entry of Islamic civilization. The enforcement of Islamic law in the field of civilization in Indonesia, experiencing ups and downs in line with the political laws of state power. Juridically, kings in Indonesia have enacted Islamic law, in the context of ijtihad ulama to answer the problems that occur in society. The existence of Islamic Law in the field of civil status takes place in two periods: the period of persuasive source that every Muslim is believed to accept the enforcement of Islamic law; and the authoritysource period that every Muslim believes, that Islamic law has the power to be exercised. Thus, Islamic law may apply in a formal juridical manner if codified in national legislation.
KONTROVERSI HALAL-HARAM ASURANSI SYARIAH Dodih Suhardih
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.638

Abstract

Insurance is still debated among scientists when viewed in terms of Islamic law. Contemporary Islamic jurists are fully aware that the legal status of insurance has not been determined by previous Islamic law experts (experts). The application of Takāful is now the result of the struggle between understanding Islamic law and the reality that occurs. These problems need to be reviewed in the order of Islamic law in depth. This paper aims to offer Shariah aspects in the application of Takāful (Sharia Insurance), Takāful insurance law (Sharia Insurance), scholars' views on Takaful (Sharia Insurance), compare the characteristics of Takāful (Sharia Insurance) and Conventional Insurance, as well as the author's analysis of Halal insurance for Islamic insurance.
Mengurai Titik Temu Antara Istihsan dan Pembaharuan Hukum Islam Farid Naya
TAHKIM Vol 12, No 1 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i1.34

Abstract

Istihsan and renewal of Islamic law are two terms which on one side has a different meaning, but on the other hand, both have mutually corresponding relationships between each other tightly. Conceptually, istihsan means the shift of mujtahid in determining the law on an issue of which is comparable to that for their special proposition in the Qur’an or Sunnah. Istihsan is a method that emphasizes the maintenance of law istinbat maqasid al-shariah, namely the realization of human welfare. Mujtahid’s turning away from a law on an issue to which other law for the proposition that a more powerful is simply to maintain maqasid al-shariah. The Renewal of Islamic law, meaning the effort and act through a specific process with the utmost seriousness by those who have the competence and authority in the development of Islamic law (mujtahid) in ways that have been determined based on the rules istinbat law that allowed making Islamic law can appear more fresh and modern, not outdated. In addition, reform of Islamic law is to maintain law purposes (maqasid al-shariah) to produce legal provisions that address the issues and new developments brought about by the progress of science and modern technology. Thus, between istihsan and reform of Islamic law boils down to one point, namely the maintenance of Islamic shari’ah purposes (maqasid al-shariah). Keywords: istihsan, maqasid al-shariah, renewal of islamic law
EFEKTIFITAS FUNGSI PARLEMEN DEWAN PERWAKILAN DAERAH DALAM MEWAKILI ASPIRASI MASYARAKAT DAERAH MALUKU Dayanto dan; Asma Karim
TAHKIM Vol 10, No 1 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i1.70

Abstract

This research aims to analyze the parliament functions effectiveness of Regional Representative Council in representing the regional community aspirations of Maluku and the factors that influence it. The results of research showed that implementation of parliament functions of DPD RI is not effective due to: (a) the design of DPD RI formal-constitutional authority that tends putting the existence of DPD RI parliament functions which subordinate in relation to DPR RI as chamber system in Indonesian parliament; (b) insufficient ability of DPD RI member as Representative of Maluku in fighting for the community aspirations of Maluku to be product of institutional decision of DPD RI; (c) has not been formulated the strategic planning document of DPD RI Representative of Maluku in accordance with the membership period to become the performance basis for implementing the parliament functions; and (d) has not been functioning the supporting system in form of the representative offices of DPD RI as “aspiration home” for the local community of Maluku which caused an impermanent office facilities. Key words: Function parliament, DPD, aspirations of local communities
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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