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INDONESIA
Tahqiqa: Jurnal Pemikiran Hukum Islam
Published by Sekolah Tinggi Ilmu Syari'ah Al-Hilal Sigli
ISSN : 19784945     EISSN : 28284372     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 16 No. 1 (2022): Januari" : 6 Documents clear
MAHAR SECARA BERHUTANG DALAM PERSPEKTIF HUKUM ISLAM Fajarwati
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Dowry is a dowry that must be given by a husband to his wife. This is contained in the Word of Allah SWT in the Qur'an Surah An-Nba 'verse 4. The purpose of the dowry is to strengthen relationships and foster affection and love. Islam does not limit the amount/level of dowry in a marriage. It is left to humans (women). A good wife is one who does not make the dowry difficult or expensive. Expensing the dowry is something that is hated by Islam, because it will complicate marital relations between fellow humans.
KONSEP KORUPSI MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Ahmad Syarbaini
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (578.048 KB)

Abstract

Corruption comes from the Latin coruptio and corruptuswhich means to bribe and corrumpere which means todestroy. Corruption is included in jarîmah. Jarîmah is:"Prohibitions of syara', namely; Threats with 'uqūbat hador ta'zir". Ta'zir is: "'uqūbat determined by theauthorities in order to refuse thinning and preventcrime". Corruption in Indonesian law is: "Unlawfullycommitting acts of enriching oneself or another person ora corporation that can harm state finances or the stateeconomy". While the terms that are close to corruption inIslamic studies are: "ghulūl, ikhtilâs, risywah and alfasadand". Corruption according to fiqh is: "It is ajarîmah or a modern and extraordinary crime for whichthere is no agreement on the terms and definitions. Whilethe 'uqūbat is ta'zîr which is returned to waliyul amri".
KEWENANGAN ISTRI DALAM PENGGUNAAN HARTA SUAMI MENURUT FIQH AL-SYAFI’IYAH Asnawi
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study is very interesting because it explains the position of the husband's property and how the provisions for the use of the wife against the husband's property according to Fiqh Al-Syafi'iyyah. This research is a library research with a descriptive qualitative research type through a normative approach, using a documentation data collection technique, while the data analysis uses a transferability technique. The results of his research that the position of the husband's assets obtained during marriage can be categorized as joint assets between husband and wife which are included in the concept of syirkah abdān or syirkah muwafadlah. According to Fiqh Al-Syafi'iyyah, the use of a wife against her husband's property is not permissible without the permission of the husband. However, if the husband gives permission or the wife knows that the husband allows his wife to take only what is rightfully hers, then the wife may take and use it. This is because the husband's personal property is wholly owned by the husband, even though some of the property belongs to the wife. Unlike the case with husband and wife syirkah assets, where they can use it as much as their respective rights in the property.
WAKAF UANG PERSPEKTIF SYARIAH DAN HUKUM POSITIF DI INDONESIA Nasikhin; Ulul Albab
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to explore the views of sharia and positive lawregarding cash waqf. The results of the study indicate that theissue of waqf in Indonesia is enshrined in Government Regulationnumber 28 of 1977. While according to sharia there is no verse inthe Qur'an that clearly explains the concept of cash waqf. Becausewaqf is included in the infaq fi sabilillah group, the basis used byscholars in explaining and explaining the concept of waqf is basedon the generality of the verses of the Qur'an about infaq. Theproblems of developing cash waqf in Indonesia can be highlightedin three aspects consisting of human resources, trust, system andsharia. can be done to develop cash waqf in Indonesia. Thesestrategies include transparency and accountability at every stageof implementation, more computerized cash waqf management,improving the quality of more comprehensive managers, and theestablishment of waqf educational institutions.
PENGANGKATAN ANAK ANGKAT MENURUT HUKUM Hasan Syazali; T. Sabirin
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (414.836 KB)

Abstract

This study aims to determine the practice of adopting children as well as review Islamic law and positive law regarding child adoption in society. This study uses the method of "library research" and "field research" document review, observation, and interviews. The results showed that the mechanism for implementing child adoption among the community, the stages carried out by the community there was no special event or other rituals in the adoption process, but only by doing small feasts, and the reason for adopting children was because families who adopted children tended to because they do not have children of their own. Then it is recommended to every adoptive parent to find out how the procedure for adopting a child is correct according to religion and state laws and regulations, and to religious leaders and community leaders so that they can socialize the procedures for adopting children by Islamic teachings and applicable regulations. regarding the adoption of children, so as not to cause problems in the future.
PEMBENTUKAN PERILAKU ANTI KORUPSI TERHADAP PEJABAT DI ACEH MELALUI REGIULITAS Benazir Benazir
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (576.066 KB) | DOI: 10.61393/tahqiqa.v16i1.102

Abstract

Religiosity factor is not a factor that determines corrupt behavior. corrupt and non-corrupt behavior cannot be explained by the level of religiosity or piety. However, the more religious a person is, the more they value anticorruption. The results obtained from the Monitoring Center For Prevention (MCP) show an increase in the prevention of corruption in Aceh. In 2018 the aggregate value of Aceh's MCP was at 43 percent, then in 2019 it rose to 46 percent, in 2020 Aceh's MCP aggregate value was at 50 percent, in 2021 Aceh's MCP aggregate value improved, reaching 72.2 percent. This means that with the implementation of the MCP program it can be seen that there are continuing improvements in Aceh. The data shows that the level of corruption in Aceh province in 2021 will decrease. This indicates that the people of Aceh generally have a good level of regularity. Officials in Aceh province have religious knowledge, religious beliefs, practice of religious rituals, religious experience, behavior (morality) meaning religion, and good religious social attitudes.

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