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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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PENOLAKAN TERHADAP KEGIATAN PENGADAAN TANAH MENURUT FIKIH DAN UNDANG-UNDANG INDONESIA Artiyanto; Purwandari, Elce; Abbas, Syahrizal; Nurdin, Ridwan
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8050

Abstract

ABSTRAK Rejection to Land Procurement activities for public interest purposes are complex issues that require an in-depth understanding from both Islamic law (fiqh) and Indonesian legislative perspectives. This study aims to identify the reasons for land rights holders' Rejection to Land Procurement and analyze the approaches used in fiqh and national law to address these Rejection. A qualitative method with a literature study approach was used in this research. Data collected includes primary, secondary, and tertiary legal materials relevant to Land Procurement issues and the rights of landholders. The study results indicate that, in Islamic fiqh, there is no standardized rule governing Rejection to Land Procurement; however, the principle of maslahat (benefit) serves as a primary basis for considering public interest without neglecting landholders' rights. On the other hand, Indonesian Law No. 2 of 2012 on Land Procurement for Development for Public Interest provides detailed procedures for handling Rejection, including provisions on compensation and legal recourse. In conclusion, fiqh offers greater flexibility based on government policy to balance individual rights with public interest, whereas Indonesian law is more structured in its regulatory resolutions. The novelty of this study lies in its comparative analysis between the normative fiqh approach and the positive law approach in Indonesia. This study recommends the integration of the maslahat principle within national legal practices to achieve fair resolutions and enhance awareness regarding land rights and obligations in the Land Procurement process. Keyword: Rejection, land procurement, fiqh, law legal  
ANALISIS HALAL SUPPLY CHAIN MANAGEMENT AYAM BROILER DI KOTA AMBON Latuconsina, Nahriah
TAHKIM Vol. 20 No. 1 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i1.8071

Abstract

This study aims to find out how the halal supply chain management process for broiler chickens in Ambon City and the role of BPJPH in supervising selected distributors of broiler chickens with a halal label in Ambon City. This research type is field research with a descriptive qualitative method. The research subjects were BPJPH or the Maluku Province Halal Certification Service Task Force and Broiler Chicken Distributors. The research focuses on the Supervision of halal products from BPJPH or the Provincial Halal Certification Service Task Force. While the techniques used were observation, interviews, and documentation. The results showed that the implementation of halal supply chain management in the mardika market did not work as it should, due to the transfer of duties and functions of the Indonesian Ulema Council (MUI) to the Organizing Body for Halal Product Guarantee (BPJPH). so almost all broiler chicken sellers do not know the function of BPJPH and do not know and have met with supervision from BPJPH or the Maluku Province Halal Certification Service Task Force. Lack of supervision from the Provincial Halal Product Assurance Service Task Force both at distributors and at retailers or small business actors in the mardika market in Ambon city. In addition to the Provincial Halal Certification Service Task Force, statements from several consumers that the products consumed must be halal because what is evident from their eyes is the appearance of the seller and the cleanliness of the sales process and do not pay much attention to the existence of a form of halal guarantee in the form of a halal logo on the product. sales process and do not pay much attention to the existence of a form of halal guarantee in the form of a halal logo on the product.. Keyword: halal supply chain management, BPJP
RELEVANSI KEHARAMAN BERTATO DENGAN LARANGAN DONOR DARAH BAGI ORANG BERTATO Nasution, Muhammad Arsad; Siregar , Rosnani; Baharuddin, Didin
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8198

Abstract

Tattooing is a part of art that many people do. However, Islamic law prohibits people with tattoos, on the other hand, medical science also prohibits people with tattoos from donating blood. This article tries to explain whether there is a match (relevance) between the prohibition of tattooing according to Islamic law and the prohibition of blood donation for people with tattoos according to medical science. To answer this question, the author collects data from various sources of scientific writings in the form of books or journals that describe the prohibition of tattooing according to Islamic law and also scientific writings related to the prohibition of blood donation for people with tattoos according to health. This disclosure is important to explore to uncover the maqasid al-syari' in prohibiting the act of tattooing according to Islamic law. The results obtained from the scientific data above show that the Prophet Muhammad forbade his people from getting tattoos. This prohibition is stated in several hadiths of the Prophet Muhammad with a clear prohibition expression, namely using the phrase "la'ana" (Allah/Rasulullah curses). The use of this phrase for a legal act, namely getting a tattoo, shows that the act is forbidden. Medical also prohibits blood donation for people with tattoos, this is because the behavior of sticking needles and alcohol into the pores of the body is an act of damaging body parts. The reason for the medical prohibition for people with tattoos to donate blood is also the concern of contracting various diseases in the blood cells of people with tattoos caused by the needle being inserted into the blood vessels through the skin, and the entry of other substances into the blood cells. The prohibition of tattoos by the Prophet Muhammad SAW turns out to be in accordance with medical science which prohibits people with tattoos from donating blood. This conformity can be seen in the principles of Islamic law which forbids harmful acts, and medical also positions the act of tattooing as having harm. Keywords: Relevance, islamic law, tattooed, blood donation
NILAI FILOSOFIS KACAR KUCUR DALAM PERKAWINAN ADAT JAWA PERSPEKTIF AL-‘ADAH AL-MUHAKKAMAH DI DESA KERAS KABUPATEN JOMBANG Alkhusni, Muhammad Fatih; Kusumawati, Ita Rahmania; Mu’allim, Much.
TAHKIM Vol. 20 No. 2 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i2.8363

Abstract

Pelaksanaan adat kacar kucur dalam konteks pernikahan Jawa, yang merupakan tradisi turun-temurun dengan makna mendalam. Adat ini melibatkan pengantin pria yang menuangkan biji-bijian, rempah-rempah, dan uang logam ke pangkuan pengantin wanita, melambangkan tanggung jawab suami dan simbolisasi kasih sayang. Nilai filosofis yang terkandung dalam prosesi ini mencakup pengayoman, ketenangan, dan penghormatan antara suami dan istri, serta peran penting orang tua dalam membimbing pasangan pengantin. Dalam perspektif al-‘adah al-muhakkamah, kacar kucur dianggap tidak bertentangan dengan hukum Islam, sehingga eksistensinya tetap terjaga dalam masyarakat modern. Penelitian ini menekankan bahwa adat kacar kucur bukan hanya sekadar tradisi, tetapi juga mencerminkan nilai-nilai spiritual yaitu yang terdapat dalam al-qur’an surat an-nisa’ ayat 34, bahwa “Pria (suami) adalah pemangku pada tiap-tiap Wanita (istri) dikarenakan Allah sudah memperbesar mayoritas mereka (pria) pada mayoritas yang lain (wanita) dan sebab itu mereka (pria) sudah menafkahkan bebrapa dari kekayaannya. Kata Kunci: filosofi, kacar kucur, adat jawa, al-‘adah al-muhakkamah ABSTRACT Implementing the Kacar Kucur custom in the context of Javanese weddings, which is a tradition passed down from generation to generation with deep meaning. This custom involves the groom pouring grains, spices, and coins into the bride's lap, symbolizing the husband's responsibilities and symbolizing affection. The philosophical values ​​contained in the process include protection, calm and respect between husband and wife, as well as the important role of parents in guiding the bridal couple. In the perspective of al-'adah al-muhakkamah, kacar kucur is considered not to conflict with Islamic law, so its existence is maintained in modern society. This research emphasizes that the Kacar Kucur custom is not just a tradition, but also reflects spiritual values, namely those contained in the Al-Qur'an, Surah An-Nisa' verse 34, that "Men (husbands) are the guardians of every woman ( wives) because Allah has enlarged their majority (men) over the majority of others (women) and because of that they (men) have spent some of their wealth. Keywords : philosophy, kacar kucur, Javanese customs, al-'adah al-muhakkamah
INTEGRASI FIQH SIYASAH DALAM PRINSIP KEDAULATAN RAKYAT: STUDI TERHADAP PEMILU DI INDONESIA Mutiara Putri
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

This article examines the integration of Fiqh Siyasah in the principle of popular sovereignty in the context of general elections in Indonesia. In a democratic system, sovereignty is in the hands of the people, and elections are one of the main instruments to realize this principle. Democracy can be interpreted as people and power, democracy can also provide an understanding of a people's power, which is from the understanding obtained will provide a rule that can provide benefits and can protect their rights so that it can be implemented. This article focuses on the analysis from the perspective of Fiqh Siyasah on various important elements such as elections, popular sovereignty, election organizers, and dispute resolution of election results. Using the Fiqh Siyasah approach, this article seeks to understand how Sharia principles can be integrated with the modern democratic system, especially in the context of elections in Indonesia. Keywords: elections, people's sovereignty, fiqh siyasah.
ANALISIS PROMOSI OLEH INFLUENCER TERHADAP PELAKU JUDI ONLINE PERSPEKTIF MASLAHAH Aidil
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study focuses on the impact of online gambling site promotion among affiliate marketers or influencers from the perspective of maslahah, so that people can be more aware and wise in receiving information related to online gambling. Referring to online gambling promotions that are not in accordance with the moral and ethical values ​​upheld by Islamic-based communities. This study uses a qualitative approach without direct interviews that can be done by analyzing the role of influencers in online gambling actors. The case study in this study takes examples of several cases of promotion carried out by online gambling site influencers that are widely published and get public or media attention. The data sources used in this study come from questionnaires and literature studies. The data obtained are then classified, reduced, validated and presented through conclusions. The results of the study show that promotions carried out by influencers have violated aspects of sharia economics. Maslahah is not reflected in online gambling events, so the actions of influencers who promote online gambling can be considered misleading. Keyword: promotion, influencer, online gambling, maslahah
PANDANGAN HUKUM ABDULLAHI AHMED AN-NA‘IM Amir, Ahmad Nabil; Abdul Rahman , Tasnim
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

The paper discusses method of legal interpretation as set forth by Abdullahi Ahmed An-Naim in his works. His legal views takes a historical and contextualist approach in interpreting the text with critical reinterpretation of traditional understanding of the texts by taking into account the purpose of the Syari‘ (the Law Giver) as well as the underlying principle and ideal of the Shariah. By way of deconstruction the Shariah embodies new legal postulates contextually deducted from the text which corresponds to the current situation and context. The method of study is based on qualitative technique in the form of content analysis. It draws upon Miles & Huberman’s analytical methods and techniques, namely reducing and presenting data and drawing conclusion. The finding shows that Abdullahi Ahmed An-Naim aspired toward comprehensive and broad range of legal reform by accommodating and fitting the text with the legal provisions and requirement of modern context based on the instrumentality of maslahah. It sought to reform the legal aspects of Islamic law (syariah) through independent reasoning (ijtihad) and collective argument considering the possible spirit and perspective of its viability and continuity which developed and evolved in dynamic historical and cultural context. Keywords: Abdullahi Ahmed An-Naim, deconstruction, Islamic law
HUKUMAN HADD PELAKU ZINA: ANALISIS TAFSIR KLASIK DAN KONTEMPORER SURAT AN-NUR AYAT 1-3 Aisy, Mafaza Rohadatul; Imawan, Dzulkifli Hadi
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study examines the hadd punishment for adultery through an interpretive analysis of the Qur'an Q.S An-Nur verses 1-3 and the hadith, and makes a comparison with Article 284 of the Criminal Code (KUHP) from the perspective of Indonesian law. This study uses a qualitative approach, with a library research method. This study uses primary sources: classical tafsir books by Ali Al-Shabuni, Wahbah Zuhaily, Al-Qurthubi, and other commentators. Supporting data were obtained from a review of relevant academic books and journals. The results of the study indicate that Islamic law views adultery as a serious violation that is categorized based on the perpetrator's marital status, namely ghairu muhshan (unmarried) and muhshan (married), with different legal implications. In this regard, there is an overlap between Islamic criminal law and Indonesian positive law in viewing adultery, although Islamic law offers a more comprehensive scope. This study confirms that hadd punishment in Islam is a form of holistic protection of Human Rights, including the rights of other parties. Unequal punishment for human rights violators on the grounds of respecting human rights is a disregard for the principle of human rights itself. Keywords: interpretation, zina, hadd
ANALIS IS PERUBAHAN UNDANG-UNDANG NOMOR 32 TAHUN 2024 TERHADAP UNDANG-UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA DARI PERSPEKTIF HUKUM PIDANA Faiza Ramadani Abrar; Yenny Fitri Z
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

This study is related to the analysis of changes to Law Number 32 of 2024 against Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems. From this change, it can be seen the government's efforts to update regulations for the implementation of national development in the preservation of biodiversity and management of its ecosystem in Indonesia. The study aims to determine what changes are made to the regulations in Law Number 32 of 2024 against Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems and the analysis of changes to Law Number 32 of 2024 concerning Conservation of Biological Natural Resources and their Ecosystems associated with legal certainty. This study uses normative research, using library materials as research sources, namely Law Number 5 of 1990 and Law Number 32 of 2024 concerning Conservation of Biological Natural Resources and their Ecosystems. The results of this study found 4 articles related to criminal law, namely Article 19, Article 21, Article 33, and Article 40. Law Number 32 of 2024 concerning Conservation of Biological Natural Resources and Ecosystems has provided better legal certainty because this Law provides adjustments to developments in environmental issues and global challenges and provides space for increasing the effectiveness of the implementation of natural resource conservation in Indonesia. This study is expected to contribute to the understanding of changes in conservation regulations and their implications for the management of biological natural resources and ecosystems in the future. Keywoards: conservation, biological natural resources, ecosystems
TINJAUAN HUKUM ISLAM TERHADAP PELAKSANAAN UNDIAN BERHADIAH (STUDI KASUS TOKO ASRIN SIREGAR PIDOLI DOLOK KECAMATAN PANYABUNGAN) Yuli Anti; Nabila Zakiyah; Rini Maya Saroh Siregar
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i1.9605

Abstract

This study examines the Islamic legal review of the implementation of a prize draw at the Asrin Siregar Shop, Pidoli Dolok, Panyabungan District. The implementation of the Prize Draw is to attract consumers by creating a member program in the Prize Draw. Prizes are given if they have sufficient points determined by the Asrin Siregar Shop. The requirements to be able to participate in the Prize Draw, consumers must complete the administration and pay Rp10,000. In purchasing an item with a nominal value of Rp20,000, they will get one point, while to get a prize they must have 200 points. This study is a field study, located at the Asrin Pidoli Shop, Panyabungan District. The results of this study indicate that the form of the draw at the Asrin Siregar Shop is a draw that is prohibited in Islamic law, namely a draw with conditions and a draw with costs, and the draw is included in one of the draws that contains elements of harm or damage. Keywords: ju'alah, prize draw, maisir, islamic law.  

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