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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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TINJAUAN YURIDIS KEDUDUKAN HUKUM PARA PIHAK DALAM PERJANJIAN TERAPEUTIK Evy Savitri Gani
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.617

Abstract

This paper examines the legal status of the parties to the therapeutic agreement. The problem in this paper is how the legal status of the parties to the treaty is therapeutic and what is the legal protection for the patient in the therapeutic covenant. Data were collected through review of laws, books or literature and analyzed descriptively qualitatively. The results showed that the position of the parties between patients and doctors according to law equal or balanced. This is reflected in the rights and obligations set forth in the legislation in the field of health. While the form of legal protection is also reflected in Law Number 36 Year 2009 on Health, Law Number 29 Year 2004 About Medical Practice and Law Number 8 Year 1999 About Consumer Protection.
KONSEP PEMBANGUNAN EKONOMI PERSPEKTIF ISLAM Djumadi Djumadi
TAHKIM Vol 12, No 1 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i1.25

Abstract

Economic development is the Islamic perspective of human development as a whole not just the physical needs, but more of it is mental development-spiritual. The Islamic view on economic development is focused on (a) the mankind from extinction. (b) Human Resources (HR) good, reflecting Source Revenues Halal (SPH). (c) maintain and preserve natural ecosystems from damage; (d) the maximum utilization of the land and pay taxes to the state. Results show that the interpretation of the message of the Qur’an on the Islamic perspective of economic development has not received much attention, especially in predominantly Muslim countries. One indicator development are described, among others, levels of inequality and poverty that struck various NSB. Some of the solutions that need attention: (1) reduce routine expenditures, and increase the quantity Fislkal; (2) with establishment of economic development aimed at improving the quality of rural areas; (3) The availability of employment and human resource development of agriculture sector. Keywords: economic development, Islamic perspective
BUNGA BANK DALAM PERSPEKTIF HUKUM ISLAM St Syahruni Usman
TAHKIM Vol 10, No 1 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i1.60

Abstract

Riba (Usury) has existed since the ignorance period that has been used economically by the capital owners to exploit the poor for benefit. In modern era appears the conventional banking business using the interest system. Observing that it is necessary to analyze the Islamic scholar views regarding to the usury and whether the bank interest is the usury or not. In this regard, all Islamic scholars agree that usury practiced in the classical period is forbidden because there is exploitation elements lead to the tyranny of the capital owners to borrowers. Therefore, the majority of Islamic scholars consider the bank interest identical to the usury. Key words: bank interest, usury, the Islamic law perspective
STUDI TENTANG KESIAPAN PENGADILAN AGAMA AMBON KELAS IA TERHADAP PENYELESAIAN SENGKETA PERBANKAN SYARIAH MENURUT UU NO. 3 TAHUN 2006 TENTANG PENGADILAN AGAMA PASCA PENETAPAN UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH Hasan Hasan; Akbar M Shardi
TAHKIM Vol 14, No 1 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i1.571

Abstract

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.
ISLAM DAN TANTANGAN MODERNISASI: IMPLIKASI ZUHUD DINAMIS DALAM PENANGGULANGAN KORUPSI Ishak, Mahmud
TAHKIM Vol 11, No 2 (2015)
Publisher : TAHKIM

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

Abstract

Zuhud is one of the teachings, or maqam in Sufism. Zuhud is often misunderstood as a cause of the decline of the Muslims. Because ascetic understood as the denial of the search for the material, and hatred toward world affairs. Even ascetic understood as a poor lifestyle. But the dynamic ascetic who taught in Islam, on the one hand still excites people who ascetic (zahid) worked diligently searching for the treasure, but on the other hand will not be greedy, even his property will be used for the common good. So, people who ascetic dynamic, will be spared from greedy mentality. Thus, ascetic dynamic in the context of modern life, can be used to tackle corruption in Indonesia. Because one of the causes of the rampant corruption, is a greedy mentality. Keywords: modernization, dynamic ascetic, corruption
ISTIHSAN DAN PEMBAHARUAN HUKUM ISLAM Syarifuddin Syarifuddin
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.50

Abstract

Islamic law is universal, elastic and dynamic. This concept provides implementable consequences for Muslims which able to prove and raise the Islamic values in the reality of life without crossing from their Islamic region, but also do not make silly attitudes that put Muslims in position lost to the outskirts of the cultural heritage area. Therefore, Prophet Muhammad SAW. has recommended and legitimized to his friend, Muadz bin Jabal for doing individual interpretation (ijtihad) in any settlement of problem which not found in al-Qor’an and Hadith. Furthermore, this raise a form of legal istinbat method is known as istihsan in Usul al-Fiqh. Nevertheless, the existence of istihsan is debated by the Islamic jurists. Key words: Istihsan, renewal, Islamic law
KORUPSI, KOLUSI, NEPOTISME DAN SUAP (KKNS) DALAM PANDANGAN HUKUM ISLAM Huzaemah T. Yanggo
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.85

Abstract

Corruption, Collusion, Nepotism and Bribery (CCNB) in the current last few years are many occurred in our country. Therefore it is necessary to study the characteristics of corruption, collusion, nepotism and bribery particularly according to the Qur’an perspective. They reflected behavior, either taken in personal or collective related to the government world adversed to the people, nation and the state. CCNB in the Qur'an perspective is one part of action to “consume someone else's property without right,” so that it was forbidden (haram) to conduct corruption, collusion, nepotism and bribery. But special to nepotism is forbidden if the people who the positions given was not professionals, had not capability and morality in accordance with the Qur'an and Hadith teachings. Corruption, Collusion, Nepotism and Bribery was prohibited, because contrary to the Qur’an, Hadith and maqashid al-Syari'ah (goal of Sharia) teachings, and contrary to the humanity and justice sense, and adverse others people, society and the state. Keywords: corruption, collusion, nepotism, bribery, Islamic law
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

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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.
KRITIK HADIS NIKAH SIRI (DITINJAU DARI BERBAGAI ASPEK) Fatihunnada Fatihunnada
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.7

Abstract

Prophet prohibition against the practice of unofficial marriages contain vast dimensions. In terms of sociology, described the social order which assesses the existing norms as a benchmark in the behavior of individuals that must be maintained. Then in terms of the philosophy, describing, that marriage is not based on the views of pleasure and has been duly carried out with the intention of pure and contains goodness. Then in terms of economy illustrate that no matter how the benefits achieved in the nikah siri by some stakeholders, but causing no less great losses will be felt by the perpetrators nikah siri. Even in terms of psychology, describing the condition of mental collapse actors siri marriage and family nearby to socialize with the surrounding community. Data was collected using library research methods to the Prophet's hadith literature and case studies related, then scrutinized by analyzing existing data, both in terms of sanad and matn in detail and a comprehensive approach to sociology, philosophy, economics, psychology and others. Findings, is nikah siri in view of the Prophet contain several negative risks for some stakeholders, so that the necessary legal protection official in marriage to prevent it. This paper will strengthen the Bill of Law Petition article 143 Religious Courts Marital field that contains criminal prosecution against the perpetrators nikah siri and related parties. Keywords: tradition, unregistered marriages, criminal
Dekonstruksi Gender Perspektif Rasyid Ridha (Studi Analisis Ayat-Ayat Bias Gender Pada Kitab Tafsir Al-Manār) Roswati Nurdin
TAHKIM Vol 12, No 2 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i2.40

Abstract

The book of Tafsir al-Manar stems from the interpretation of the Qur'an lectures given by Muhammad Abduh al-Azhar University, Egypt, which lasted from 1899 until his death (1905). The lectures are always attended by Rashid Rida, Abduh's pupil, which each verse was delivered by her teacher on record in his mind. Then the records drawn up in the form of regular writing and submitted and known as Tafsir al-Manar. Rashid Rida using deconstruction theory in explaining the pattern of gender relations when interpreting the verses of gender bias. Deconstruction theory in general can be understood as a method of demolition to the reality that contains logic Binner opposition. Binary oppositions are two realities are seen face to face, opposed and have a different position. This paradigm explains the assumption of privilege and contempt girded subject to the object, as the second class. In giving his interpretation Rashid Rida decontracting logic method is to re-position women liking the Qur'anic text. Keywords: deconstruction, Rasyid Ridha, Tafsir al-Manār

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