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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 296 Documents
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PENANGGULANGAN KEKERASAN DALAM RUMAH TANGGA DALAM PANDANGAN MASYARAKAT KABUPATEN MALUKU TENGAH Jamaa, La; Lateni, Anwar
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.619

Abstract

Even though the government has enacted Law Number 23 of 2004 concerning the Elimination of Domestic Violence, domestic violence continues to occur in the community. Because it requires community involvement. In this regard the muslim community of Salahutu sub-district, Leihitu and West Leihitu Central Maluku regency have their own solutions in dealing with violence in the intended household through the utilization of local wisdom called saudara kawin (brother married). Brother married are able to overcome the problems of the married sister’s household problem, including preventing the husband from committing violence to his wife. So there is no need for efforts to combat domestic violence at the repressive stage by law enforcement.
BEDAH ULANG PERBANKAN KONVENSIONAL VERSUS PERBANKAN SYARI’AH DALAM REALITAS SOSIOLOGIS La Samsu
TAHKIM Vol 12, No 1 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i1.26

Abstract

Islamic banking as part of the financial structure of Islam played a role in economic development activities. However, there are many who consider the Islamic banking system is the same as the conventional banking system. It was only based on the addition of loans to customer deposits of Islamic banks and Islamic banks. When examined in depth the wrong turns that view because, although the similarities between Islamic banking and conventional banking, but both have a difference of principle. Islamic banking business activities based on Islamic principles. Services in payment traffic between banks and other parties to deposit funds or financing business activities, or other activities, among others the principle of mudaraba, musharaka, murabaha and ijarah. While conventional banks provide services in payment traffic, with the principle of determination of the interest as the price, both for product savings and loan products (credit) granted by certain interest rate. For services other banks, the banks implement a cost-based fee. Keywords: Islamic banking, conventional banking, sociological
HUBUNGAN ANTARA HUKUM DENGAN MORAL DALAM ISLAM Syarifuddin Syarifuddin
TAHKIM Vol 10, No 1 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i1.62

Abstract

Law and morals have relationship like spirit and physic. One of them becomes meaningless if it ignores the other. Islam makes the law as a tool to create servant obedience to his Creator. This obedience will bear moralized or characterized servant against each other, to the environment and also to his God. Islam as rahmatan lil 'alamin religion never separates are both. Because the law without moral law is tyranny, while moral without the law is anarchy and utopia that lead to animalistic character. Key words: Legal, moral, maslahat and mafsadat
PENUNDAAN PEMBAGIAN WARISAN PADA MASYARAKAT MUSLIM DI KOTA LANGSA Lia Dahliani; Faisar Ananda; Ansari Yamamah
TAHKIM Vol 14, No 1 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i1.573

Abstract

There are several ways that the Muslim community in solving the problem of division of inheritance in the city of Langsa, that is by way of musyawarah or kinship both involve family or even involving the village device, and the last way is through the Court Syar'iyah Langsa. Many Langsa city residents are procrastinating their inheritance. Factor or reason Langsa City society postpone the division of inheritance that is: agreement of all heirs; the heirs of many who are young or have not yet been given an inheritance; some parties want to take possession of the estate so that there is no or delayed distribution of the inheritance; most societies consider discussing inheritance after heirs are taboo; still life of one of the father or mother of the heir so that postponed the division of inheritance. The impact of delay in distribution of inheritance made by the community in Langsa City, as follows: conflict between the heirs, whether mild conflict to severe conflict; the existence of reduced heirs rights of the part which should be accepted; the existence of heirs who can not feel the inheritance due to death before the inheritance had been distributed; the breaking of the relationship or the brotherhood between the heirs due to the seizure of inheritance.
PEMBERIAN DAN PENCABUTAN GRASI PERSPEKTIF HUKUM ISLAM Husin Wattimena
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.17

Abstract

As head of state, the President has the prerogative, in granting pardons to convicted, based on the explanation of Law No. 5 of 2010 on the Amendment of Law No. 22 of 2002 on clemency, that by Act No. 5 of 2010. According to Article 2 paragraph (3) of Law No. 5 of 2010 that clemency has been granted to the convict, if repeat his actions, not allowing the latter granted clemency. It became the basis, that a head of state can not revoke a pardon has been given to a convict. Meanwhile, according to Islamic law, the treatment of the convict pardon only applies to the penalty-diyat and qisas ta'zir, and does not apply to jarimah hudud. Victims, or their families may only grant pardons to legal sanctions in the form of qisas, or certain diyat. Nor can grant clemency to ta'zir sanctions, which have been decided by the judge to convict. Keywords: clemency, Law No. 5 of 2010, Islamic criminal law
RELASI SYARIAT ISLAM DAN NEGARA DALAM DIMENSI HUKUM TATA NEGARA INDONESIA Nasaruddin Umar
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.51

Abstract

This study aims to re-elaborate the relationship pattern between religion and state in dimension of Indonesia State Administration Law at post-amendment of Constitution NRI 1945. With the ratification of Article 31 paragraph 3 and and 5 and Article 28 paragraph 2 of Constitution NRI 1945, has brought a logical consequences on the formation of legislation because the religious values in itself to be the basic law of legislation in Indonesia, thus the relationship between religion and state in Indonesia becomes a new relationship patterns in the structure of Indonesian state administration law. The method used in this research is literature study. The findings of research is the Islamic sharia and state relationship patterns of post-Amendment the the Constitution NRI 1945 is the concentric relationship pattern in which the Islamic sharia values to be the center of considerations and restrictions the enactment of state legal norms that the Islamic sharia values to be the law source of legislation. These relationships pattern will be effective if described into a pyramid hierarchy systems of national legal in the formation of legislation, because without solid relationship at the level of values, principles and articles in the regulation, then constitutional relationship patterns will not effective in maximizing the contribution of Islamic law in national law. Key words: Relations, Islamic Sharia, state, and Atate Administration Law
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
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.
KEDUDUKAN MASLAHAH DAN UTILITY DALAM KONSUMSI (MASLAHAH VERSUS UTILITY) Aisa Manilet
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.8

Abstract

Requirement in Islam consists of dharuriyat needs, hajiyat, and tahsiniyat. The third is the need to have priorities that must be accomplished, and can not be postponed. In practice consumption, sometimes difficult to distinguish between needs (hajjah) with the desire (raghbah). Consumption aims to maximize maslahah, not satisfaction. Maslahah is good that one feels along the other side. While the utility is the satisfaction felt by someone who could be contradictory to the interests of others. So, maslahah and utilities alike the goal and can be achieved both by not bringing harm. Islamic consumer behavior based on rationality enhanced and integrate faith and truth that goes beyond human rationality is limited based on the Qur'an and Sunnah. Islam gives the concept of satisfying needs accompanied by moral force, without distress and the harmonious relationship among men. Keywords: maslahah, utility, consumption
ANALISIS WASIAT TERHADAP ANAK ANGKAT DI DESA BATU MERAH KECAMATAN SIRIMAU KOTA AMBON St Syahruni Usman
TAHKIM Vol 12, No 2 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i2.41

Abstract

Giving an object of the heir to others, or institutions that will take effect after the testator dies, is a testament definition contained in the Compilation of Islamic Law. One of the new things in the Compilation of Islamic Law, is testament to the adopted child as was borrowed. To know the will for adopted children, the authors conducted a study in the Batu Merah village, Sirimau districts of Ambon and the Religious Court of Class 1 Ambon. The results showed, that the testament which occurred in the village of Batu Merah carried out by pewasiat orally in front of the witnesses of relatives pewasiat. Will that be implemented basically in accordance with the provisions of Islamic law, in this case the Compilation of Islamic Law as a reference for Islamic civil law in force in Indonesia. However testament to the adopted child that occurred in the village of Batu Merah districts of Ambon city Sirimau yet endorsed the institution. Keywords: wills, foster child, a compilation of Islamic law, was borrowed

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