Tahqiqa: Jurnal Pemikiran Hukum Islam
Tahqiqa : Jurnal Pemikiran Hukum dan Hukum Islam emphasizes the study of law and Islamic law in Indonesia by emphasizing the theories of law and Islamic law and its practices that developed in attendance through the article publications, research reports, and book reviews. We are interested in topics which relate generally to Law and Islamic Law issues in Indonesia. Articles submitted might cover topical issues in : Islamic Law as A Living Law Islamic Family Law Law and Social Studies Constitutional Law (Fiqh Siyasah) Administrative Law Penal Law (Fiqh Jinayah) and Criminology Jurisprudence Islamic Astronomy Observatory The Field of Worship Fiqh Zakat and Waqf Law Thought of Contemporary Islamic Law
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<![CDATA[WANITA KARIR DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Fajarwati Fajarwati]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.120
<![CDATA[Today the need for life and the trend of life inevitably must be followedeven become an obligation for women to help with family life. In work mattersthere are sometimes no separations between men and women. At present, manyurgent positions are filled by women such as strategic positions, this is due to lackof honesty from men and often misused positions in work. Women are morehonest in working, disciplined, fast and right in taking policies. Today manyadvanced companies are led by career women. The career woman referred to hereis a woman who has a family and is more focused on her profession than a family.Where these women have two major responsibilities, namely family (home,husband and child) and office. By carrying out these two responsibilities at onetime, it requires energy and thought and strategy in doing so. Career women canlive outside due to technological assistance. Women are known for three things,wells, kitchens and mattresses. Now these three things can be run well thanks tothe technology without the need for a lot of time. However, children's problemscannot be controlled by technology. The right choice to control children is toprovide children's education in advanced schools that have been provided by thestate and the private sector. In addition, career women must use the pattern ofeducating people first, namely providing special time to teach and educatechildren at night and instill religious knowledge. strong in children. In Islamiclaw, women are allowed to have a career provided that they have permission fromtheir husbands and do not neglect their responsibilities as mothers.]]>
<![CDATA[PEMANFAATAN HARTA GHANIMAH MENURUT HUKUM ISLAM ]]>
<![CDATA[Hamdiyah Hamdiyah]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.121
<![CDATA[This research is entitled "Utilization of Ghanimah's AssetsAccording to Islamic Law," in order to examine three issues, namelythe utilization of the Ghanimah property according to its types, the useof Ghanimah on the present and the use of the Ghanimah propertyaccording to Islamic law. The research aims to obtain a clear pictureof the use of the Ghanimah property according to its types, in thepresent and according to Islamic law. This research uses descriptiveanalysis method. The results of his research were obtained, that theproperty was given specifically by priests to members of theMujahideen forces to encourage and encourage them to join in thewar, the utilization and management of Fai 'assets, namely the right ofthe Prophet, so that he may use them according to his will. Themanagement of the treasures of Ghanimah means assets taken fromthe enemy who fight by force and defeat. The principle of thedistribution of the property of Ghanimah is also based on the principleof price distribution of Ghanimah, namely the person who gets onepart, while the person riding the horse gets three parts, the provision isnone other than the additional cost for the horse. riding a horse withhis horse, for Allah (the benefit of the Muslims) and his apostles. forthe Apostle's relatives, for orphans, for poor people for Ibn Sabil(people who were displaced on their way or expelled from theirhomes. Whereas 4/5 parts were reserved for soldiers who fought.]]>
<![CDATA[JUAL BELI BAI’UL WAFA’ DITINJAU MENURUT HUKUM ISLAM ]]>
<![CDATA[Hasan Syazali]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.122
<![CDATA[This writing aims to examine the fundamental problems, namely thenotion of buying and selling bai'ul wafa ', and the view of Islamic law on buyingand selling (bai' wafa '). The results of the writing show that the practice of buyingand selling bai'ul wafa ', which is in the community is buying and selling bymeans of credit, and the provision is done by paying down and installments everymonth when the payment due date, where the company makes it easy for everyconsumer for consumers is a major factor to attract buyers to buy products offeredby the company, while from consumers one of them is the needs of customerswho are urgent but not enough money. Furthermore, the view of Islamic law onbuying and selling (bai 'wafa'). Islam allows wafa sale, because the buyer mustfulfill his promise between the seller, this is done in the initial agreement of thetransaction, while this transaction is included in the sale and purchase trust andmutual trust, because the merchandise that has been purchased becomes amandate for the buyer to return to the seller if the seller returns the money, and thebuyer may not sell the item to another person, other than returning it to the seller.]]>
<![CDATA[URGENSI DAN STRATEGI KONSERVASI WIBAWA HUKUM DALAM MASYARAKAT ]]>
<![CDATA[M. Akbar]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.123
<![CDATA[Indonesia as a sovereign law state guarantees public order by realizinglegal certainty, fairness and the benefits of established legal products. These threeelements must be realized in the implementation and enforcement of law, so thatthe authority of the law can be felt by the community in increasing awareness andlaw-abiding nature. The principle problem in this study is how to recognize theprotection of human rights which contain the principle of equality before the lawin the life of the community, as well as the quality of legislative legislation in allaspects. The principle of equal treatment before the law is a vital principle inguaranteeing and protecting human rights, insofar as rights and obligations aredeemed balanced and regulated by legislation. Law is present as an intermediary(through a judicial institution) that provides justice for legal subjects who areviolated by their human rights and constitutional rights. This researchrecommends several solutive and constitutional steps as an effort to conserve legalauthority, including; the formulation of appropriate legal legislation, minimizingthe rubber article, having legal certainty, fairness, equal treatment before the law,and effective law.]]>
<![CDATA[ETIKA BISNIS DALAM PERSPEKTIF HUKUM ISLAM (STUDI KASUS PADA SWALAYAN KOTA SIGLI) ]]>
<![CDATA[Mariana Mariana]]>;
<![CDATA[Muhammad Murthaza]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.124
<![CDATA[This study aims to determine the application of business ethics in Sigli citysupermarkets and business ethics practices in the Sigli City supermarket accordingto Islamic law. The research method used in the compilation of this thesis isqualitative, in obtaining data in the field the author uses several methods, namelyusing the library research method (library research), as well as field researchmethods (field research), namely by using interview techniques, documentation,and observation. The results of the study show that the application of businessethics to the Sigli City supermarket with a sample of Makmur Mark, Laut EmasMarket, and Pelita Mark has been good even though it is still not fully, at leastsupermarket owners know Islamic based business ethics where the priority ishonesty, trustworthiness, and quality. And the owner of Prosperous Mark is alsovery eager to invite all supermarket owners or managers to implement businessethics by Islamic law so that this becomes a healthy competition. The legalanalysis of business ethics practices in Sigli City supermarket not all supermarketsin Sigli city apply business ethics by sharia, but the application of business ethicsat the Prosperous Makmur Mark, Laut Emas Market, and Pelita Mark hasreflected Islamic business ethics.]]>
<![CDATA[TINJAUAN HUKUM ISLAM TERHADAP PEMBERDAYAAN EKONOMI MUSTAHIK ZAKAT PRODUKTIF DI BAITUL MAL KABUPATEN PIDIE JAYA ]]>
<![CDATA[Muhammad Mahmud]]>;
<![CDATA[Nadia Mestura]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.125
<![CDATA[This scientific paper discusses "Review of Islamic Law on EconomicEmpowerment Must Be Productive Zakat in the Baitul Mal of Pidie JayaRegency." To examine three fundamental problems, namely: Mechanism ofProductive Zakat Management in Pidie Jaya Baitul Mal, Impact of DistributingProductive Alms on Mustahik Economic Welfare. and Overview of Islamic LawAgainst Management of Productive Alms in Pidie Jaya's Baitul Mal. The researchaims to obtain an overview as mentioned above. Research data obtained in thefield, researchers used several methods, namely field research (Field Research),using the techniques of observation, interviews, and documentation, and libraryresearch (Library Research). The results showed that the productive managementmechanism of zakat in Baitul Mal Pidie Jaya, is a pattern of zakat managementwhereby amil provides zakat funds to mustahik in the form of qardul hasanfinancing (interest-free loans), namely: mustahik is to use the loan funds forbusiness to return some or all of the borrowed funds in a certain period of time.After the funds are returned to amil, then amil transfers the funds to othermustahik. The impact of the distribution of Productive Zakat on the economicwelfare of mustahik. With proper empowerment and allocation, zakat will be apotential source of funds that is used for public welfare for the entire community.Overview of Islamic Law on the Management of Productive Zakat in the PidieJaya Baitul Mal, is the stage of the process of distributing productive zakat tomustahik who receive zakat, this can certainly be in line with social values and theconcept of shari'ah economy which emphasizes that funds must not be idle andmust productive.]]>
<![CDATA[PERTANGGUNG JAWABAN PIDANA ANAK DI BAWAH UMUR MENURUT HUKUM ISLAM ]]>
<![CDATA[Nufiar Nufiar]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.126
<![CDATA[Islam upholds the public interest compared to personal interests. In otherwords, the community must take precedence, not the other way around. Thereforeany criminal act that disturbs order and peace of the people is considered as acrime against Allah because crime or criminal acts are something that isprohibited by the Shari'a. In Islamic law, the punishment is given to give adeterrent effect to my guard to realize not to do it again. What's interesting aboutpunishment in Islam as a form of healing, practical, economical and accountable.So in Islamic Law, criminal acts (jarimah) are Syara's bans which are punishable.The prohibition is also sometimes in the form of an act that is prevented, or leavesthat is told. With the mention of syara 'words, it is intended that the prohibitionsmust come from provisions (nasas) syara' and whether or not to do a new act isconsidered as jarimah, if it is punishable by it. Because the commandments andprohibitions come from Syara 'then the commands and prohibitions are onlydirected at people who are of sound mind and can understand the imposition(taklif). Because, in the tradition of Islamic law, the imposition means the call(khithab), and people who cannot understand, such as animals and inanimateobjects, cannot be the object of the Bible. Therefore a sentence will be applied if itfulfills the elements set out in Islamic criminal law.]]>
<![CDATA[SISTEM BAGI HASIL PRODUKSI TAMBAK BANDENG DALAM MASYARAKAT SUKA JAYA KECAMATAN MUARA TIGA MENURUT HUKUM ISLAM ]]>
<![CDATA[Safriadi Safriadi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.127
<![CDATA[This study examines "The Syirkah System in Pond Management IsViewed According to Islamic Law (Case Study in Suka Jaya Village Muara TigaDistrict)." In order to examine three fundamental problems, namely theapplication of syirkah systems in pond management that bring prosperity andsatisfaction to pond farmers in Gampong Suka Jaya; syirkah profit sharing systemin the management of ponds in Suka Jaya Village; and whether or not the syirkahsystem is implemented according to Islamic law. The research aims to determinethe application of syirkah systems in pond management; syirkah profit sharingsystem; and to know the syirkah system among the Suka Jaya community hasbeen carried out according to Islamic law. This study uses descriptive methods,and in obtaining data in the field the author uses several ways, namely fieldresearch (Field Research), using observation, questionnaires, interviews, anddocumentation, as well as Research Library (Library Research). The resultsshowed that the implementation of syirkah cooperation carried out by theGampong Suka Jaya community in the management of ponds gave good resultsbecause the syirkah system could be a blessing by bringing satisfaction to bothparties and can improve welfare in work. Because the implementation of syirkahcarried out by the Gampong Suka Jaya community is in accordance with Islamiclaw.]]>
<![CDATA[JUAL BELI KULIT HEWAN QURBAN MENURUT HUKUM ISLAM ]]>
<![CDATA[Yusriadi Yusriadi]]>;
<![CDATA[Junawati Junawati]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.128
<![CDATA[This research is to reveal the practice of buying and selling Qurbananimal skin in Jeurat Manyang settlement and the purpose of buying and sellingQurban animal skin in kemukiman and how the Islamic law reviews the buyingand selling of Qurban animal skin. This research is a type of qualitative research,with data collection techniques, namely through interviews and documentation.The results showed that the practice of buying and selling Qurban animal skin inJeurat Manyang Settlement was indeed done, with a qabul permit process betweensellers and buyers. The Committee and also the Religious Figures as a guide to theextent to which the application of Islamic law is carried out in the community inaccordance with the Ulama's view. The data collection technique of this researchis interviews and documentation. The results showed that the sale of Qurbananimal skin was indeed done. This is based on the agreement of the ReligiousLeaders and the committee, because the sale of Qurban animal skin is more usefulthan distributed to the community, because the community itself does not want toprocess it. Sales made are in accordance with Islamic law because this is moreuseful]]>
