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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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AKAD DALAM TRANSAKSI EKONOMI SYARIAH Urbanus Uma Leu
TAHKIM Vol 10, No 1 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i1.63

Abstract

Akad has significance meaning in the community lives. In the economical concept, human life in a group of communities that entirely established the system. The economic system is interaction of the smallest units (consumers and producers) into larger economic units in a particular region. The strength of interaction pattern of economic units is most determined by the accompanying akad. The akad facilitate each person who undergoing economic activity, including goods and services. In this regard the procurement activity (production), dissemination/sharing (distribution), and consumption, is a number of human behavior is most determined by the accompanying contract. Key words: Akad, transaction, Islamic economy.
DINAMIKA KERUKUNAN UMAT BERAGAMA KOTA AMBON BERBASIS ADAT PERSPEKTIF MASLAHAH Abdul Muher
TAHKIM Vol 14, No 1 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i1.574

Abstract

The dynamic of religious society peacefulness in Ambon on the base of custom from maslahah perspective has been undoubtedly effective and benefitful to maintain peacefulness and tolerance. Local values such as: a. Ale rasa beta rasa, to feel each other), has been effective in the comtext of tolerance in religious live. These local values are humanity expressions of different religions to share both happiness and bitterness together; b. Katong samua basudara, basicly express men are brothers of one anxious; c. Siwa Lima, to unite Ambonese without differsity), and functionally unite the whole native Ambon-Maluku society and the comers without seeing their religions; d. Pela gandong, which is corresponding Moslems to Moslems, Christians to Christians, and Moslems to Christians).
KOMPILASI HUKUM ISLAM SEBAGAI HUKUM TERAPAN BAGI HAKIM PENGADILAN AGAMA Muhammad Gazali Rahman
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.18

Abstract

Material law with regard to cases that the authority of Islamic Court before 1991, scattered in various books fiqhi that mejemuk. The plurality of this law, an obstacle to be a reference in the process of formulating the termination of the court. Birth of Presidential Decree No. 1 of 1991 on the Compilation of Islamic Law, as a matter of law in resolving the religious judge Religious Court case very effective. It is evident, with berdisparitasnya no longer any verdict in the same case. Applicability Compilation of Islamic Law as a legal matter in the Religious Court means the implementation and application of the Islamic law, is no longer directed by the will of its adherents, but a designated set of ranks of rulers and state institutions as regulatory authorities, and executive implementation, in particular related to the field of marriage, inheritance, perwakafan which has become a rule of civil law and public official. Keywords: compilation of Islamic law, judges, religious courts
WAKAF DAN POLITIK DI TUNISIA Budi Juliandi
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.52

Abstract

Tunisia State, by many experts is considered the most progressive, liberal and radical from Muslim countries in its concern for the women's rights issues, and its consistency in banning the polygamy (family law). However, the progression of Tunisia in the family law field, it turn out do not accompanied by its progress in the Islamic economics field, especially in development of waqf. In this regard, Tunisia most underdeveloped compared to other Muslim countries in the field of endowments, such as Saudi Arabia, Egypt, Pakistan, Bangladesh, Sri Lanka, Jordan, Brunei, Malaysia, and Indonesia, although about 19th century, the contribution of land endowments of Tunisia in 1883, has ever reached 1/3 of the entire ownership of land. To date, Tunisia have not institutions and laws governing the endowments. The transition government today (2011-2014), just preparing Draft of Law on endowments in November 2013. However, to date the Regional Representative House of Tunisia has not ratified it. Key words: Endowments, law politic, Tunisia
HUKUM KELUARGA DI AFGHANISTAN Hasbollah Toisuta
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.87

Abstract

The family law on its development gets government and scholar attention in the Islamic world, included in Afghanistan. It is interesting to investigate given has been enacted the marriage law, Qanun-i Izdiwaj in 1971 in Afghanistan based on the Egyptian Family Law in 1929 and fully enforce the Maliki’s law on the women rights to file divorce in the court. In addition, the provisions of this law amended the practices prevailing locally related to marriage and divorce. Although in some cases are still bound to the Hanafi school fiqh, the family law in Afghanistan has undergone reformation in line with the modern world development. The reformation system of its family law leads to extra doctrinal reform, by way of giving new interpretation, which sometimes differ from the provisions of Hanafi’s school followed by majority of its population. The reformation material of family law undertaken in Afghanistan, is the dowry, child marriage, polygamy and divorce. Keywords: reformation, family law, Afghanistan
KESETARAAN LAKI-LAKI DAN PEREMPUAN DALAM KEHIDUPAN MENURUT ISLAM Halid Hanafi
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.367

Abstract

Islam comes women treated the same and equal with men. Women are not only protected from the domination of men's power, but also given rights and obligations according to their nature. Although in the present era there is still much thought, that men are higher degree or greater than women. Because empirically still dominant role of men in social life. But the dominant role of men in social life is not because of the greatness of men themselves but because of the support of the softness, sincerity and patience of women who run a role well in the family environment. This indicates the existence of an equal role in social life between men and women. Different roles are only in accordance with their respective natures.
AL-MUSYKILAH AL-IQTIṢÂDIYAH DAN TIME VALUE OF MONEY DALAM KITAB AL-TAFSÎR AL-IQTIṢÂDÎ LI AL-QUR'ÂN AL-KARÎM KARYA RAFÎQ YÛNUS AL-MAṢRÎ Didin Baharuddin
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.9

Abstract

This paper discusses the economic problems and the time value of money contained in the book Al-Tafsir al-Iqtiṣâdî li Al-Quran Al-Karîm works Yunus Rafiq Al-Masri. The book Al-Tafsir al-Iqtiṣâdî li Al-Quran Al-Karîm an interpretation of contemporary books written by an economist (practitioners and academics), so that the economic approach is very strong in the book of this interpretation, which is not found in the books of other commentators , The approach to be distinctive in the book of commentary makes the Koran as problem solving for the dynamics of the public indefinitely. This paper will discuss the interpretation of Rafiq Yunus Al-Masri about the verses that contain the terms of the economy (al-Musykilah Al-Iqtiṣâdiyah) or economic problems and the time value of money. Keywords: term economy, time value of money, Tafsîr al-Iqtiṣâdî li Al-Qur'ân Al-Karîm
HUKUM ISLAM DAN MULTIKULTURALISME DI INDONESIA Fitriyani Fitriyani
TAHKIM Vol 12, No 2 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i2.42

Abstract

Multiculturalism is a philosophy sometimes interpreted as an ideology that calls for the unity of the various cultural groups with political rights and social status are the same in modern society. The term multicultural is also often used to describe the unity of all ethnic groups of different communities within a country. Multiculturalism is derived from two words: multi meaning many or diverse and cultural meaning of culture or cultures, which etymologically means cultural diversity. Cultures must be understood, is not a culture in the strict sense, but must be understood as all human dialectic on his life. This dialectic will give birth to many faces, such as history, reasoning, verbal culture, language and so forth. The concept of multiculturalism in Islamic law portrayed in QS. al-Hujurat (49): 13.
E-COMMERCE DALAM SISTEM PEMBUKTIAN PERDATA Tuti Haryanti
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.78

Abstract

The development of today's technology makes it easy to make ends meet. But behind the ease of not a few causing problems particularly regarding the validity and completion process extremely difficult, both non-litigation especially in litigation, because the legal relationship is conducted through the virtual world without face-to-face direct (electronic transactions). Agreements that do not qualify subjective (Article 1320 BW) and there is compliance achievement, the agreement is valid, but the legal consequences, which may be requested cancellation. If not requested cancellation to the judge, the agreement remains binding on both parties (the sender and receiver). Conversely, if the objective conditions are not met then, the agreement is null and void. Evidence used in Electronic Commerce is the electronic evidence as stipulated in Law No. 11 Year 2008 on Information and Electronic Technology is an electronic document such as micro film and data storage devices. However, other evidence will still be required, if it can make the light and give confidence in the truth to the judge for an event it is not contrary to the law. Keyword: Electronic Commerce, Evidence, private law.
SISTEM KEKERABATAN MASYARAKAT NEGERI TULEHU Gazali Rahman
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.v13i1.316

Abstract

The kinship relationship in the life of indigenous peoples in Tulehu country is manifested in three customary activities, namely marriage custom, adoption and division of inheritance and corpse. The marriage customs of the Tulehu peoples are acculturation with the teachings of Islam. In the marriage custom there are brothers who are similar to the hakam in Islamic teachings. According to Tulehu country customs of adopted children are entitled to the inheritance of their adoptive parents if adopted by foster parents of the family's own party. But the adopted child does not get an inheritance if adopted by foster parents from the family's own family or who has no family relationship at all. The people of Tulehu also have the custom of gotong royong (gathering of grief money) to help the family of the dead.

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