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INDONESIA
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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MENGENAL MUSNAD AHMAD IBN HANBAL Rustina N
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.83

Abstract

The existence of hadith is very urgent in Islamic law, because hadisth is the second source of Islamic law teachings. In this regard an hadith is worthy made as the source of Islamic law if it meets the validity level both sanad and matan. The validity level of hadith is most varied depending on the writer. One of the Hadith Book is Musnad Ahmad ibn Hanbal. From the result of study is recognized that there is authentic quality and some are dhaif (weak) hadiths in the Musnad Ahmad bin Hanbal The existence of the hadith dhaif in Musnad Ahmad was influenced by the attitudes and his views that more preceding the weak hadith than opinions or ra'yu. He also allows the use of hadith dhaif as basis in the problem of fadhai ‘amal or basic on the benefit and utility of a practice. Keywords: Musnad Ahmad ibn Hanbal, validity level of hadith
AL-SULṬAH AL-TASYRI’IYYAH, AL-SULṬAH AL-TANFIẒIYYAH, AL-SULṬAH AL-QAḌᾹ’IYYAH La Samsu
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.v13i1.336

Abstract

In Islam there is a division of power in three models. Al-sulṭah al-tasyri'iyah, is the power of the Islamic government in making and establishing the law. Al-Sulṭah al-Tanfiẓiyyah is the power to enforce the law on the ranks of the cabinet in a government. While al-Sulṭah al-Qaḍa'iyyah is a power that has a relationship with the duties and authority of the judiciary, which is guarding the monitoring the course of legislation by law enforcement. The three models of power are aimed at avoiding the centralization of power to only one ruler (authoritarian ruler).
KEBUTUHAN EKONOMI DAN KAITANNYA DENGAN PERCERAIAN (STUDI ATAS CERAI GUGAT DI PENGADILAN AGAMA AMBON) Husin Anang Kabalmay
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.3

Abstract

One major problem often encountered husband and wife, is the economic needs of the household. The husband's inability meet the needs of the economy will lead to marital disharmony easily trigger a divorce. So the data in the Religious Ambon showed that the biggest factors causing disharmony divorce is closely related also to the economic problems. In that regard the divorce rate in the Religious Ambon predominantly ethnic immigrants from outside the Moluccas. While the divorce rate is relatively low indigenous population, which caused still strengthening kinship, kinship solidarity and local wisdom. In addition, my wife looked at divorce divorce for reasons of economic pressures, as an irresponsible husband, greeting quantity divorce from husband would hamper meet daily needs; and lazy husband who works a dishonorable act. Keywords: economic needs, contested divorce
PENGANGKATAN ADAT SAUDARA KAWIN DI NEGERI TULEHU KECAMATAN SALAHUTU KABUPATEN MALUKU TENGAH DALAM MENYELESAIKAN KONFLIK DALAM RUMAH TANGGA Gazali Rahman
TAHKIM Vol 12, No 2 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i2.37

Abstract

Marriage aims to build a harmonious household. However, marital conflict, between husband and wife often happens in society. Villagers Tulehu have one custom relating to the marriage of local indigenous communities, commonly called sister mating. Sister mating is a man who was appointed by custom from the family of the bride, and more preferably from distant relatives nasabnya, so it can strengthen ties with family. Appointment sister mating take place prior to the marriage. Sister mating duties and function to benefit sister mating. In addition to providing material assistance, wedding brother to seek a peaceful solution to the conflict housekeeping sister mating. The brothers married a role as peacemakers, or hakam in Islamic law. Keywords: custom, sister mating, marriage, conflict resolution, household
DINAMIKA WAKAF DI INDONESIA (KAJIAN KOMPETENSI PERADILAN AGAMA) Abd Khalik Latuconsina
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.73

Abstract

The property that may be provided as waqf is more in the form of unmoving objects, so its allotment is not maximum for the social benefit. In addition, the community comprehension on waqf is more dominant positioned as object that may not be changed, including for being empowered. It causes the waqf property less productive for maximally social benefit. Majority of wakif from Indonesian Muslims have held to the conservative view of Asy-Syafi'i stating that the waqf property may not be exchanged for any reason. The waqf practices applied in Indonesia is still carried out conventionally which vulnerable to cause various problems and not a little that end up in the court. In this regard the Religious Court has authorities to resolve the case of waqf. Keywords: waqf, competency, religious courts
TAS’IR (PRICE FIXING) DALAM PERSPEKTIF MAQASHID AL-SYARI’AH Didin Baharuddin
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.384

Abstract

The condition of the price of goods on the market has ups and downs. Under normal conditions the Government does not need to intervene in the market price of the Islamic economy known as tas'ir. This was done by the Messenger of Allah. However, the Prophet's stance does not apply in critical condition, especially when there is an increase in the price of goods that soar (distortion) caused by ihtikar, tadlis, taghrir, and monopoly. So according to the scholars, tas'ir allowed to realize the benefit for the community in accordance with maqasid al-syari'ah, especially maintaining property (hifz al-mal).
FORUM KORDINASI PENANGGULANGAN TERORISME (FKPT) DAN GERAKAN DERADIKALISASI AGAMA DI INDONESIA: STUDI KASUS DI MALUKU Abd. Rauf
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.627

Abstract

One of the best ways to eradicate terrorism is through de-radicalization programs. Deradicalization is an attempt to neutralize radical notions for those involved in terrorists and their sympathizers and community members who have been exposed to radical understandings, through reeducation and resocialization and instilling multiculturalism. Strategic steps in the implementation and dissemination of de-radicalization programs in the regions are by involving Indonesian civil society organizations, given that the social environment is the main locus for the spread of seeds of radicalism. In this context the role of the Terrorism Prevention Coordination Forum (FKPT) has become very strategic. By involving FKPT as a public/civil society representation, the implementation of deradicalization programs has become more effective in the long term.
FORMULASI OBAT-OBAT ḤALĀLAN ṬAYYIBAN Muhamad Ikhwan Lukmanudin
TAHKIM Vol 12, No 1 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i1.28

Abstract

This study proved that the drug may be formulated according to the principles of Islamic (Halal) and pharmacists (Tayyib). Class of drugs mukolitik, antiamuba, decongestants, antihistamines, antacids, anti-tuberculosis, antiasma, antitussive, antipyretic, analgesic, anti-inflammatory non-steroidal, antihemoroid, laksativum and antibiotic formulated using solvents, preservatives, dyes, flavors, emulsifiers, suspending agents, antioxidants and stabilizers (halal) Islamic perspective (according to the provisions, standards and CPOH or how to manufacture drugs kosher LPPOM MUI), and tested the stability and effectiveness include the analysis of organoleptic (al-Taghayyur al-Ḥissiyu), sedimentation, dispersion, pH (Al-Taghayyur al-Taqdīriy), viscosity, retention factor, percent grade and examination preparation with good value (Tayyib) pharmacist's perspective (as applicable, and GMP standards or ways of making good remedy of POM RI). This study supports the Act 33 of 2014 About Halal Product Guarantee and the Indonesian Ulema Council decision in 2010 that, medicines must be guaranteed halal. This study is different from the Ministry of Health and Ministry of Industry that, the drug does not need to be formulated (kosher) because it is difficult and only disrupt investment. Opposing theories of the ulama is Dzulkifly Mat Hashim (2010), and Sahal Mahfudh (d.2014 M) as well as among pharmacists Kyoko Kogawa Seto (2012) and Amanda K. Gilmore (2013) concurred that the illicit material is allowed in moderation in the treatment for ' illat emergency and moderation. This research in the Research and Development includes descriptive stage (preformulsi), experimental (formulation) and evaluative (stability test and evektifitas). The research concludes while, that the illicit drugs that have been made lawful for 'emergency illat lost with the discovery of a drug that is Halal and Tayyib (ما جاز لعذر بطل بزواله). Keywords: formulation, drug, kosher, tayyib, Islam and pharmacists
KAIDAH FIQHIYAH FURU’IYAH: PENERAPANNYA PADA ISU KONTEMPORER Thalhah Thalhah
TAHKIM Vol 10, No 1 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i1.64

Abstract

The Fiqhiyyah rules cannot be denied as a result of the creation of Islamic scholar thinking with guidance of nash on viewing and examining a number of Islamic jurisprudence issues as well as to be one solution to the legal problems that developed over time. The Islamic jurists have agreed on the existence of rules are categorized as principal rules or basic rules which essentially can be the parent of a number of rules are categorized as branch rules (furu'iyah). Some of this branch rules can be used simultaneously to solve some cases and events related to the current economic field. The problem of current account, savings, deposits, set its law by using most common furuiyah rules with the additional rules relating to the necessity to eliminate the harm. While the financing of Letters of Credit (L/C) is defined by the Sharia National Council using five rules. Sale and purchase of Istishna parallel with eight fiqhiyyah rules. While the Sharia Current Account financing by the Sharia National Council is considered sufficiently using four rules in deciding it’s law. Key words: Fiqh furu'iyah rule, contemporary economic issues
PERKAWINAN LINTAS AGAMA DAN PENGARUHNYA TERHADAP KEHIDUPAN RUMAH TANGGA (SEBUAH KAJIAN TAFSIR) Much. Muallim
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.88

Abstract

Marriage is social action that has biological nuanced, but it become attention, even the part of Islamic teachings .This is evidenced by many verses of the Qur'an and Hadith (narrations) of the prophet Muhammad that explain about the marriage. He (the prophet) gives guidance and concrete examples on the subject, which of course (all of them) to exemplify the procedures and rules that should be followed by Muslims. But some problems will appear, when the marriage is confronted with interreligious cases; among the perpetrators, which it has reaped a long debate since early time of interpreting holy Quran by the first generation of Muslims (read: Companions). The debate continues, even now. In the formative period of Quranic interpretation, the debate appeared among Islamic scholars about feasibility of Muslims to marry ahl al-kitab women. In this case, majority of companions including 'Umar bin Khatthab ra, Uthman ibn' Affan ra, 'Ali bin Abi Talib ra, and also Ibn' Abbas allowed the marriage (between Muslim men and ahl al-kitab women), although there are several requirements that must be met. But according to 'Abdullah bin ‘Umar, the marriage should not happen, because the abuses that committed by ahl al-kitab has reached the stage of shirk, associating partners with Allah. Nevertheless, the next generation (tabi'i), more likely to take the first opinion (majority opinion), because it was considered more suitable with the practice of zahir al-nass. Thus, conceptually, inter-religious marriages between Muslim men with ahl al-kitab women can be done. But in practice, its implementation must consider several important aspects, which relate to due to marriage, both juridical-normative and social view. Among some urgent things to be caution is about the religious future of their children, as well as accountability (Muslim man) as the head of the family, in the Hereafter. And if each potential perpetrators of interfaith marriage actually consider some of these results, they won’t certainly be easy to do the interfaith marriage. Keywords: interfaith marriage and Quranic interpretation

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