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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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MEMBINCANG QIYAS SEBAGAI METODE PENETAPAN HUKUM ISLAM Farid Naya
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.13

Abstract

Qiyas is among the methods for implementing Islamic law. In principle qiyas equate something with something else, meaning equate a pre-existing legal provisions to something that is already in its legal set to something already established legal, because there illat similarities between the two. Qiyas has an important role in this regard Islamic law as the first, Islamic law has been described and set laws in the Qur'an and Hadith are very limited in number and his explanations. Secondly, a new issue arises that there is no legal firmness in the Qur'an and the hadith the prophet is very diverse and complex and constantly in need of certainty. Thus, through the method of qiyas this is all legal issues have not firmness and legal certainty can be resolved properly and correctly. Keywords: qiyas, islamic law
BERHAJI DENGAN DANA KREDIT (KAJI ULANG KONSEP ISTITHA‘AH DALAM HAJI) Rajab, Rajab
TAHKIM Vol 10, No 1 (2014)
Publisher : TAHKIM

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

Abstract

Hajj obligation is associated with the capability (istitha'ah) to practice it, both physically and property. Istitha'ah concept in the implementation of Hajj seems still not agreed on its definition and boundary by Islamic scholars. Therefore, this istitha'ah requirement is understood differently by the muslim. In one hand, many communities do not care about this istitha'ah requirement. They do everything that they can carrying out one of this Islamic pillars, such as saving, selling or mortgaging valuable property, and Hajj gathering. Even in part willing to owe to others, or take credit to the bank for the sake of realizing his desire to hajj at the Baitullah. On the other hand, the istitha'ah requirement is understood that this Hajj obligation is not too urgent, even if doing the hajj is the Islamic pillar. In this regard using the credit funds from the bank to cost the Hajj could be categorized as the capability. Because it is permissible, and their Hajj worship is legitimate according to some Islamic scholars. Key words: Hajj, istita'ah, credit funds
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
AL-MABĀHIṠ LAFẒIYYAH: IBĀRAH AL-NAṢ, ISYĀRAH AL-NAṢ, AL-‘ĀM, AL-KHĀS, AL-MUṬLAQ, AL-MUQAYYAD Madi Madi
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.v13i1.320

Abstract

One of the important elements used as an approach in studying Islamic law is the science of fiqh uṣul. Uṣul fiqh is a science that studies the rules that are used as guidelines in establishing the laws of shari'ah that are 'amaliyah obtained through detailed arguments. Through the rules of uṣul fiqh can be known naṣ-naṣ syara 'and the laws it shows. Among the most important laws of the fiqh are the legal terms of the linguistic terms using the lafẓiyyah method, of which dalalah 'ibārah al-naṣ,' isyārah al-naṣ, al-ām, al-khās, al-muṭlaq and al- muqayyad.
HALAL PRODUCT CONSTITUTION AS INDONESIAN MUSLIM SHIELD Muhamad Ikhwan Lukmanudin
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.1

Abstract

The stronger the legal basis of halal agencies, the more guaranteed halal products circulating in the community. As Indonesia is a country with a majority of Muslim population in the world, its products such as food, beverage, medicine and cosmetics that are produced and circulated should not be doubted about its halal status. However, with the rise of products containing haram ingredients as well as imported products that are not guaranteed as halal, it is necessary that the government establish an agency administering guaranteed halal products, moreover as we entered the era of global trade and the issue that government will legalize alcohol. After conducting a comparative study toward halal institutions in Europe, America and Asia, it is known that halal agencies sheltered under the government shows better performance than private institutions that do not have a strong legal basis. Keywords: agency, product, and halal
PERKAWINAN DAN SANKSI ADAT PADA MASYARAKAT NEGERI LUHU Ismail Kaliki
TAHKIM Vol 12, No 2 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i2.36

Abstract

In general, before the marriage took place, preceded by the implementation of a girl making a proposal to be married to a man. But the fact that occur in the community of State Luhu, sometimes marriage is not preceded by making a proposal, but it begins with a girl who wants to get married, unbeknownst to his parents, better known as the running mate (lawa kawine). To resort to running mate, mean girl secretly taken relatives of the men (young men) of residence, or the girl came alone to the residence of the groom. The act of running mate, local customs sanctions aimed at the men who ran the girl child married someone who, without the knowledge or permission of the girl's parents. Customary repressive sanctions, such as fines to be paid by the offender to the family of the woman who is being harassed her self-esteem, by asking a number of the needs of women, as well as the social sanction under the provisions of indigenous communities. Keywords: marriage, running mate, customary sanctions
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
ULUL ALBAB DALAM TAFSIR FI ZHILAL AL-QUR’AN KITAB TAFSIR SAYYID QUTHB M. Taib Hunsouw
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.97

Abstract

One of the great Sayyid Qutb’s works is Tafsir Fi Zhilal al-Qur'an which has adabi patterns or literature and preaching. One verse that becomes the author concentration of his tafsir is the ulul albab verses meaning “the owner of the doors” or who has brain or mind that concentrate to Allah. "Of 16 verses containing Ulul albab only seven verses are reviewed in this article. Of course his study on Ulul Albab is not exhaustive him but from other meanings existed in his tafsir is envisaged that people who use their brains in the way of Allah and read the signs of Allah both kauniyah and qauliyah are those the ulul albab. Instead though use the reason but do not has purpose and lead to Allah it is not called the ulul albab as hinted at the end of the Surah Ali-Imran verse 191. Keywords: Ulul albab, interpretation of the Koran
DAMPAK KONFLIK TERHADAP PEREKONOMIAN MASYARAKAT DI NEGERI MAMALA DAN MORELLA Farid Naya
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.624

Abstract

This study aims to find answers to two research queation. Firt, why the conflik continue to occur at both the community? Second, how the conflikt persistent impact on the economy of these societies? This study uses qualitative research methods (qualitavie research method) approach verstehen or understanding to explore from the inside (Inside View) value or meaning derived from the subject of research by individuals and the dynamics of conflict in the country Mamala and Morella, as well as how the economic impacts both communities in both countries. Data obtained through observation, interview and documentation. Data analysis begins with making abstraction, making categorization, coding, data validity checking, and interpret data and draw conclusion. The results showed that, first, the conflict is a consequence arising from social interaction with a social structure that is built in the community both countries. The second aspect of the historicity of the country to be one trigger their intensity conflict. Cleim legitimacy of customary dyeing masyaramat awareness of both countries. Second, conflicts which continue to experience the intensity, has a negative impact on both the community. One is the level of the costliness of the local community product sales. Start of production of fish by fishermen arrests in both societies.
Manajemen Resiko Bank Syariah Terhadap Pembiayaan Bagi Hasil (Pendekatan Normatif) Hasan Hasan
TAHKIM Vol 12, No 1 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i1.27

Abstract

Implementation of risk management in Islamic Bank to finance for the results, conducted through risk identification, risk measurement, and monitoring risks to Character (or the nature of the customer decision-loan), Capacity (the client's ability to run the business, and return the loans taken as scheduled ), capital (the amount of capital required the borrower), collateral (collateral which has been owned by a borrower to the bank), and Condition (state business prospects or clients or not). So the bank can avoid a general risk, ie credit risk, market risk, liquidity risk, operational risk, legal risk (legal), reputation risk, strategic risk and compliance risk (compliance). While the normative approach to risk management of Islamic banks in the financing for the results, more directed to the mudaraba financing and Musharaka, carried out based on the guidelines on the Koran, the Hadith, the operational rules fiqhi dilakasanakan based National Sharia Board Fatwa Council of Ulama Indonesia and Bank Indonesia regulations about risk management. Risk management in order to work well, the bank manager should disseminate the principles of the implementation to the financing funds for the result on the one hand, and here's another Islamic banking managers are required to improve its human resources in carrying out risk management in a professional manner. Keywords: risk management, Islamic banks, financing for results

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