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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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SEWA MENYEWA (IJARAH) DALAM SISTEM PERBANKAN SYARIAH Rosita Tehuayo
TAHKIM Vol 14, No 1 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i1.576

Abstract

Rental transactions in the conventional banking there is no property right transfer, meaning that if the lease term ends, the item is returned to the owner of the leasing object leases that generally does not require the services of a financial institution. Another case in practice because of known Islamic banking financing based on lease agreement - so-called Ijarah lease. In Islamic banking, al-Ijarah divided into 2 types namely: mutlaqah Ijarah or leasing, operating lease is a process that we usually encounter in daily economic activity. In the context of Islamic banking, Ijarah is a lease contract in which a bank or financial institution renting equipment (equipment), a building or goods, to one of its customers by charging fees that have been determined with certainty in advance. While al-Ijarah Al-Muntahia bit-Tamlik is a kind of fusion between the contracts of sale and lease or rental contract rather that ends with ownership of the goods in the hands of the tenant. The nature of transfer of ownership was also distinguishes it from ordinary lease, contained in conventional financial institutions. Al-Ijarah concept in Islamic banking as the lease in general, but what sets it apart is that in Islamic banking there is a lease which at the end of the contract, given the choice/option to customers to have the goods or not, commonly referred to leases purchase.
MENGUNGKAP MAKNA DAN TUJUAN JIHAD DALAM SYARIAT ISLAM Farid Naya
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.19

Abstract

Jihad is one of the few languages that has always been interesting and actual issue from classical times to the contemporary era. In fact, sometimes, jihad misunderstood and prone to distortion of meaning, so meaning of positive turn into negative meanings, and tend to be extreme. For example, jihad connoted with terrorists and justifying terrorism. The phenomenon of distortion of the meaning of jihad, mainly due to lack of understanding of the meaning and purpose of jihad Teron itself. Therefore, it is urgent to assess and explore the meaning and purpose of jihad in Islamic law. Keywords: jihad, islamic law
ORGANISASI ISLAM DAN PENGARUHNYA DALAM PEMBENTUKAN DAN PENGEMBANGAN HUKUM ISLAM DI INDONESIA Fitriyani Fitriyani
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.53

Abstract

The presence of Muslim reformer figures who do not “endure” to be in the prolonged establishment, doing reinterpretation against the Islamic teachings in order to meet the challenges of the period. Through their works are read by people, then inspired the birth of thought and reformation in Islam. There is also emerging in the form of formal organizations with jihad programs in order to uphold the Lord teachings in all corners of the earth and harakah-harakah tajdid (reformer movements) are continuously exploring the core of Islamic teachings. The idea to enter the Islamic law into the reality of life of Indonesian community is in line with the call to reform the Islamic law which arise in most Muslim countries since the early decades of 20th century. The reform occurs at the institutional level of religious organizations such as Muhammadiyah, Nahdlatul Ulama (NU), and the Union of Islam (Persis) which often referred to as Indonesia Islamic modern movement, aims that the Islamic law applied in Indonesia has Indonesia personality or insightful. Keywords: Islamic organization, formation, development, Islamic law in Indonesia
DAMPAK KONFLIK TERHADAP PEREKONOMIAN MASYARAKAT DI NEGERI MAMALA DAN MORELLA Naya, Farid; Malawat, Rosita
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.368

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? 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.
SISTEM PERLINDUNGAN UPAH DI INDONESIA Evy Savitri Gani
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.10

Abstract

Wages are very important for the workers or laborers. Wage workers or laborers can meet their needs. Importance of wages also followed with a complex problem. One of the problems of wages that employers or employers who do not pay wages in accordance with existing regulations, its becaused workers as the weaker party by employers. Government as the most important preformance working relationships required to protect workers as the weaker party. Therefore in Law No. 13 of 2003 on employment set wage policy that protects the interests of workers or laborers, among others, about the minimum wage, overtime, wages do not come to work because of something, and others. All the above remuneration shall be implemented by employers and the government must watch so as to create a good wage sistem. Keywords: wages, laborer.
KONSEP SYIRKAH DALAM WARALABA Maratun Shalihah
TAHKIM Vol 12, No 2 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i2.43

Abstract

Economic activity in the teachings of Islam is part of muamalah. Franchising as a form of trade cooperation in principle by law muamalah is allowed as long as there is no proof that forbid it but still have to forward the principle benefit is the root concept of maqasid syariah. The format of the work done in the franchise, if the note is actually a development of Syirkah form. Franchising can bridge the franchisor and the franchisee to do business. In this regard the work done format franchising, is the development of a form of Syirkah or Musharaka which is a cooperation agreement or a mixture of two or more parties to undertake a particular business is lawful and productive; each party contributes capital with the agreement that the benefits and risks will be shared according to the percentage of cooperation. Establishment may vary. If the combined capital are not the same, then it becomes shirkah inan. If capital is not a treasure, but in the form of labor, or skill, then it becomes shirkah Abdan. If capital is power tdan credibility franchisor-owned businesses, the shape is shirkah Wujuh. Keyword: muamalah, shirkah, franchising
KEDUDUKAN KONSTITUSI DALAM PRAKTIK KETATANEGARAAN SAUDI ARABIA Nur Rohim
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.79

Abstract

Almost no country that does not have the current constitution. This indicates that the constitution is an absolute must exist in a country, although there are some States that make it as an unwritten constitution. Similarly, Saudi Arabia Monarky Absolut shaped, although the provisions of the basic law states (constitutional) state is al-Quran and al-Sunnah, but in its application to put forward the decree of the king as the main source of law. Interestingly, there was a decree issued by King Fahd king in the year 1412 AD H/1992 as The Basic Law of Government named an al-Nidzam al-Asasi lil Hukmi terms and conditions that meet the elements of the constitution. Even henceforth serve as the primary basis in constitutional Saudi Arabia, such as General Principles, Systems Administration, Member of the Saudi Society, Principles of Economics, Rights and Obligations, State Power, Financial Affairs, Audit and Control Authority, and the General Assessment. Even after the decree is also used as the basis for the kings decree. Keywords: Constitution, Decree of the King, constitutional
HUKUM EKONOMI PERSPEKTIF AL-QUR’AN Djumadi Djumadi
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.v13i1.317

Abstract

The economic laws in the Qur'an through textual understanding of the word al hukm and contextually to the paragraph containing the same meaning. In addition to the word al hukm on some verses contained the term al-bātil, usurî, Tijārah, al Ba’i. The term essentially activities-activities regarding the economy. The nature of economic laws that can be understood in the form of clues Qur'an relating to the fulfillment of human needs that production is found ayākila, using the term dawala distribution, and consumption found ata term. Implimentasi Islamic economic laws need to be carried out through several approaches, among others; (a) understanding of the context of usul fiqh and fiqh rules of economics; (b) providing guidance to law enforcement in particular with regard to the decision Faraid so avoid the ruling al-bātil; (c) reasoning philosophical meaning of the Islamic economic laws still refer to the study of the Qur'an, as a primary source in Islam.
KONSEP PEMIKIRAN EKONOMI DAN KEBIJAKAN PASAR PERSPEKTIF YAHYA BIN UMAR Abdul Haris Simal
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.635

Abstract

This paper will explain the economic contribution of Yahya ibn Umar regarding the role of the state in the economic in the market. Yahya ibn Umar had contributed his thoughts in the 9th century AD. The role of the state in regulating the market and the price of stems is not too dominant, because the state carries out uteryency if in mrkanisme keep goods in the market, such as monopolistic practices such as ihtikar, cartel and stockpiling of goods. So, the role of Century is very necessary to control the hatga and goods for the sake of the importance and welfare of the community.
AURAT PEREMPUAN BAGI LAKI-LAKI AJNᾹBῙYYAH PERSPEKTIF FIQH MUQᾹRANAH TINJAUAN HISTORI La Aludin Ladaa
TAHKIM Vol 12, No 1 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i1.33

Abstract

Clothes get serious attention in Islamic law, because it is closely related to the provision close the genitals. Close the genitals including the specific characteristics of Muslims once a differentiator with people of other faiths. Genitalia woman covering her entire body, except the face and palms of his hands, so it is not allowed to be seen by men ajnabiyyah. In this regard the scholars of different schools of fiqh opinions. However, the scholars agreed that the real point of the command closes the nakedness contains four principles, namely (1) command to hold a view of which has been forbidden by Allah; (2) an order to keep the pubic of the unlawful act; (3) prohibition to reveal jewelry except the usual look; (4) an order to shut the khumur to the chest, better known as the hijab by Muslim community in Indonesia. In addition, the scholars also agree that the school of Islam which deny law must cover the nakedness without aging, is considered an infidel. Keywords: female genitalia, male ajnabiyyah, muqaran fiqh, history

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