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Al-Tafaqquh: Journal of Islamic Law
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 27209164     DOI : http://dx.doi.org/10.33096/altafaqquh.v2i1.76
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Al-Tafaqquh: Journal of Islamic Law is a peer-reviewed journal, published twice a year [January and July] by UMI, Muslim University of Indonesia. It is available online as open access sources as well as in print. Al-Tafaqquh: Journal of Islamic Law publishes articles in Islamic Law. The journal specializes in Islamic law studies, including Islamic family law, Islamic economic law, Islamic criminal law, Islamic constitutional law, zakat and waqf law, and thoughts of contemporary Islamic law.
Arjuna Subject : Umum - Umum
Articles 58 Documents
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Fiqhi Lingkungan dalam Peta Pembangunan Hukum Nasional Samsuddin Samsuddin; Siswanto Siswanto
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 1 (2022): January
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i1.159

Abstract

This research discusses "Environmental Fiqhi in the National Law Map" fiqh is a science that deals with syara's laws, namely those that are practical and their sources are detailed arguments. (fiqhul bi'ah). Environmental pollution is a crime, but because it has not been clearly stated the punishment for environmental pollution in the Qur'an and there is no stipulation in Islamic jurisprudence. the perpetrators of environmental pollution should be punished based on the punishment set by the government. This research uses a descriptive method by describing the information in the relevant library materials. The data collection technique in this research is a documentary technique. Namely, information is extracted through documents from various library materials, then analyzed using content analysis, examining the object of research by analyzing books, essays, magazines, articles, and all forms of communication that can be analyzed.
Konsep Distribusi dan Base Value Sistem Ekonomi Islam St Samsuduha
Al-Tafaqquh: Journal of Islamic Law Vol 2, No 2 (2021): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v2i2.145

Abstract

This paper reviews the concept of distribution and the base value of the Islamic economic system. These two themes are interrelated discourses with one another. As understood, the Islamic economic system aspires to an economic order that is just and beneficial for human life. Therefore, distribution as one of the market instruments in the economic world must effectively take place in the corridor of positive and fair values. The results of the study in this paper concluded that; First, distribution in economic studies is a system of distributing goods and services from producers to consumers. This process is a stage that takes place to synchronize the stages of production of goods with sales. Distribution is an important aspect that determines the adequacy of goods needs in the community. Therefore, the balance can be maximized through the selection of distribution channels in an effective, fair and sustainable manner. Second, the Islamic economic system provides a basic value formulation that can be used as a benchmark in the distribution process. Thus, the distribution made must be in line with the basic value of ownership; the basic value of freedom; basic values of justice; basic value of balance; and the value of togetherness
Kafa’ah Nasab Sebagai Syarat Utama Bagi Pernikahan Wanita Syarifah di Kecamatan Lau Said Syaripuddin; Andi Banna
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.171

Abstract

This study seeks to reveal the attitude of the syarifah women's community in Lau sub-district, which sets specific criteria in selecting their prospective husbands in the form of kinship equivalence. The principle of lineage kafa'ah in marriage is still being maintained to this day. This study uses a qualitative-descriptive type and approach. Data collection was done by interview and observation. Data analysis in this study took place simultaneously with the data collection process. Data analysis was carried out through three stages of the water model, namely data reduction, presentation, and data verification. However, these three stages take place simultaneously, with the aim of presenting accurate data and information in the context of increasing public understanding and awareness of marriage kafa'ah in accordance with the spirit of Islamic religious provisions. The results found that the attitude of the community of Syarifah women in Lau sub-district who still firmly maintain the principle of kafa'ah nasab in their marriage cannot be separated from their belief that kafa'ah nasab in marriage is a condition that can guarantee their household in harmony. Second: social culture. They consider that the principle of kafa'ah nasab in choosing a prospective husband is a prestige in building a household.
Kualitas Hidup Ekuivalen Dengan Kualitas Sholat syamsuddin kade; St. Johariah
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 1 (2022): January
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i1.160

Abstract

One indication that shows the primacy and position of prayer in Islam is that prayer is very important in the life of a Muslim. Even between prayer and life are one and inseparable. Prayer is a picture of life experienced by humans with various patterns and colors as well as situations and conditions which of course affect the mood of the soul. Prayer movements that go up and down the situational situation experienced by a Muslim who changes, some are happy, some are sad, even scary, worrying and others. Such is the reality of life. At the same time reading and prayer movements also teach a Muslim how to face life with its various trials. Prayer forms the character of sincerity, obedience, gratitude, istiqamah, patience, optimism, empathy for others, maintaining togetherness and integrity. Therefore, the quality of life of a Muslim is influenced by the ability to understand and explore every movement and reading of prayer and in the end the prayers performed have an impact on the actions that are not contrary to religious values and even provide many benefits in life. This proves that the quality of life of a Muslim is equivalent to the quality of prayer
Pedagogik Ekonomi Syariah dalam Islam Maryati Maryati
Al-Tafaqquh: Journal of Islamic Law Vol 2, No 2 (2021): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v2i2.155

Abstract

Islamic economics pedagogically is a system of knowledge that studies economic problems. The implementation of this system applies Islamic law. As a prototype system that has its own characteristics, Islamic economics is applied based on the Qur'an, As-Sunnah, Ijtima', and Ijtihad/Qiyas. Its implementation is carried out following the principles; (1) Tawhid and Brotherhood, (2) Work and Productivity; and (3) Fair Distribution of Wealth. The objective of sharia economics is to meet the basic needs of mankind based on Islamic values. Islamic economics is not only a practical system, but also a pedagogical system of knowledge that contributes to knowledge and enlightenment of the economic system. The main challenge of the Islamic economic system lies in its epistemological and terminological problems which are still interpreted as mere normative doctrines of the Islamic religion. The Islamic economic system in today's contemporary era must be able to interpret its existence as a science that becomes a humanist alternative for the inequalities of the failed global economic system and is able to establish the system as a pedagogic
Konsep Pelaksanaan Wakaf Uang di Indonesia St Samsuduha; Yush Nawir
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.172

Abstract

This paper examines the concept of implementing cash waqf in Indonesia. This writing study approach uses a theoretical study approach and interpretation of library materials. This study needs to be carried out to provide an understanding of the process of implementing cash waqf for the welfare of Muslims, and other people in general. Based on the results of the analysis, it is concluded that cash waqf is waqf in the form of funds handed over from assets in cash. This type of cash waqf also includes securities that can be managed by banks as LKS-PWU. Cash waqf is oriented towards productive investment that is lawful and does not conflict with Islamic law. The profits are then earmarked for the welfare of the beneficiaries. Cash waqf has only developed in recent years, previously people were more familiar with waqf of immovable property such as land. Currently, cash waqf has been legally protected in Indonesia so as to ensure the legality of its implementation. The regulations relating to waqf are contained in the Law of the Republic of Indonesia Number 41 of 2004; Government Regulation No. 42 of 2006 concerning the Implementation of Waqf; and Regulation of the Minister of Religion of the Republic of Indonesia No. 4 of 2009 concerning Administration of Cash Waqf Registration
Implementasi UU No. 16 Tahun 2019 Tentang Dispensasi Nikah Di Tinjau Dari Hukum Islam Muhammad Akil; Maryati Maryati
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 1 (2022): January
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i1.161

Abstract

A marriage dispensation is an exception or permission given to the applicant to marry in the Religious Court. This study employs a sampling technique due to the nature of the data, namely data on marriage dispensation requests at the Makassar Religious Court Class 1A in 2019 and 2020. The results of this study indicate that in accordance with Law Number 16 of 2019, article 7 paragraph (1), which is a revision of Law Number 1 of 1974, prospective brides who are not yet 19 years old must obtain a marriage dispensation. The most important condition for obtaining a marriage dispensation is a refusal from the Office of Religious Affairs (KUA) of the original model letter N9, which states that the bride and groom have not yet reached the age of 19. The average application before promulgation was 6.6667, while the average application after being enacted was 4.9167. However, because sig (2-tailed) > i.e., 0.226 > 0.05, the final conclusion of the research accepted by H0 is that there is no effect because there is no significant difference in the application for marriage dispensation between before and after Law Number 16 of 2019. Therefore, the implementation of Law No. 16 of 2019 at the Makassar Religious Court class 1A cannot be known in detail based on the results of a comparison of data before and after its stipulation, the results of which show no significant differences.
Eksistensi Perkawinan Silariang dan Penyelesaiannya dalam Hukum Adat ditinjau dari Perspektif Hukum Islam Azwar Azwar; Andi Sumardin; Ilyas Umar
Al-Tafaqquh: Journal of Islamic Law Vol 2, No 2 (2021): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v2i2.156

Abstract

The case of silariang, or elopement, in South Sulawesi is mainly in Kel. South Empoang, Kec. Binamu, and Kab. Jeneponto. From then until now, it still happens often. Silariang performers don't seem to care about the sanctions or threats they will face, even though they know that what they are doing can face badik (stabbing). For those who do silat, as long as love is turbulent in their hearts, they will face death. The main problem in this research is to examine the problems or problems regarding crossbreeding that often occurs in Kel, South Empoang, Kec., Binamu Kab., and Jeneponto. The purpose of this research is to find out the factors that cause cross-breeding marriages and how the traditional forms of settlement of cross-breeding cases in Kel, South Empoang, Kec., Binamu Kab., Jeneponto. Based on information obtained from various sources, the people of Jeneponto have three habits in resolving crossbreeding cases: 1) killing Silariang perpetrators; 2) assuming that Silariang perpetrators have died; and 3) waiting for Silariang perpetrators to return home well and peacefully. The first and second habits above are contrary to Islamic law, while the third habit is in line with or in accordance with Islamic law
Putusan Verstek Terhadap Perkara Perceraian di Pengadilan Agama Sungguminasa Kelas 1 B Jamiah Tompo; Nurhalifah Nurhalifah; Yusri Muhammad Arsyad
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 2 (2022): July
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i2.177

Abstract

­Marriage is a physical and spiritual relationship between a man and a woman as a couple who fully intends to form a happy and eternal family in the sight of God Almighty. With that there is a problem between the spouses and cannot be resolved by the second perpetrator, there is no longer any assumption until then one of the spouses or wives can apply in court. This research is a type of field research that is qualitative in nature with observation, interviews, and documentation techniques. The analytical method used in this research is using qualitative descriptive analysis techniques. This study aims to determine the verstek decision on divorce cases at the Sungguminasa Religious Court. As the results of the research, the author analyzes from what is obtained that the judge's considerations in the Verstek decision are in accordance with the applicable law in the provisions contained in Article 149 RBg/Article 125 HIR. The form of legal protection for the disputing parties is for the plaintiff if the arguments for the lawsuit are clear and have legal grounds, the lawsuit can be granted without the presence of the defendant. As for the defendant, the verstek decision was notified and informed that he had the right to give resistance (verzet) within 14 days after the verstek decision was delivered to the defendant.
Akurasi Arah Kiblat Masjid Menggunakan Qibla Tracker Di Kecamatan Tamalanrea Kota Makassar Andi Darmawangsa; Andi Sumardin
Al-Tafaqquh: Journal of Islamic Law Vol 3, No 1 (2022): January
Publisher : Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/altafaqquh.v3i1.162

Abstract

This study examines how the accuracy of the Qibla direction of the mosque is determined using one of the modern tools, namely the Taracker Qibla, combined with qualitative descriptive methods through field research (Field Research), with the object of research matching the Qibla direction of several mosques in Tamalanrea District, Makassar City. The approach in this study uses a sociological synthesis approach. Researchers conducted deductive and inductive analyses of the collected data. Then the main tool used in this research is the Qiblat Tracker tool. Qibla direction determination activities using the sophistication of modern tools such as Sun Compass, GPS, Qiblat Tracker, and Google Earth, nowadays, are no longer new. The results of the study found that there were 2 mosques with significant deviations, namely the Baitul Afiah Mosque at 009° and the Nurul Yaqin Mosque at 018°. The biggest deviation is 018°, so the direction of the destination country is towards an African country, not Mecca.Qibla Direction, Qibla Tracker, Mosque

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