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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 8 Documents
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Search results for , issue "Vol. 16 No. 2 (2022): Juli" : 8 Documents clear
STUDI TENTANG HOMOSEKS DAN LESBIAN PERSPEKTIF HUKUM ISLAM Musfira
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (484.117 KB) | DOI: 10.61393/tahqiqa.v16i2.49

Abstract

Homosexuality is a biological relationship between the same sex, both male and female, but the term homosexual is more suitable for sex between men and women. Sexual deviation is not carried out by people who deny existence but Allah and the resurrection today, which is believed to be the existence of Allah and the hereafter. This is because today's human civilization is far from materialism, leaving religion and spiritual values behind. The spread of various means of generating the fire of lust in both urban and rural communities. To avoid the negative consequences of homosexuality, it requires moral development that is in accordance with religious norms and values. And the formation of correct morals is a utopia as long as the materialistic system that is contrary to the principles and religious systems can be enforced in a sustainable manner.
TANGGUNG JAWAB RISIKO KERUSAKAN RUMAH KONTRAKAN T. Sabirin
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (321.694 KB) | DOI: 10.61393/tahqiqa.v16i2.65

Abstract

This study aims to determine the form of the rental house agreement and the form of responsibility for the risk of damage to the rented house without an initial agreement in Sigli City District. This research uses descriptive analysis method, using observation, interview and documentation techniques. The results showed that the form of the rental house agreement in the Sigli City District was carried out by both parties between the owner and the tenant verbally or not in writing with a meeting between the two parties by discussing the price of the house without any other regulations. The form of responsibility for the risk of damage in the Kota Sigli District is carried out by both parties which is carried out by means of good deliberation, does not occur between the two, but if it cannot be resolved by deliberation, it can be resolved by means of civil law.
Praktek Pembayaran Angsuran Kredit Jual Beli Sepeda Motor Zul Azimi
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (257.406 KB) | DOI: 10.61393/tahqiqa.v16i2.78

Abstract

Credit installments are installments that are deferred payments orpayments on a pending basis, by providing installments in certainamounts for a certain amount of time, the price is more expensivethan the cash price. This study aims to determine the practice ofpaying installments for motorcycle buying and selling loans at PT.Mandala Sigli. This type of research is field research usingdescriptive methods of analysis. The data collection usesobservation, interview, and observation techniques. The results of thestudy showed the practice of paying installments for motorcyclebuying and selling loans at PT. Mandala Sigli is carried out with adaily payment technique in accordance with the agreement, thelength of installments determines the length of payment, and thebenefits obtained by the company will be different. Installmentpayment of motorcycle buying and selling credit at PT. Mandala Sigliaccording to the view of Islamic law is not appropriate, this isbecause there is an element of fine in case of delay which is forbiddenin Islam, and is included in the riba jahiliyah (usury nasi'ah), whichis an addition to the debt that arises due to the delay factor
Penanggulangan Tindak Pidana Pencurian Air Bersih oleh Pelanggan Suatu Penelitian Pada Perusahaan Daerah Air Minum Tirta Mountala Kabupaten Aceh Besar Ridha Nur Arifa
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.762 KB) | DOI: 10.61393/tahqiqa.v16i2.79

Abstract

Combating the crime of theft is a countermeasure that focuses more on the repressive nature, namely actions taken after the crime has occurred by enforcing the law and imposing penalties for crimes that have been committed. The theft of clean water violates the provisions of PDAM Tirta Monutala and can also be subject to articles 362 and 406 of the Criminal Code. In the last 5 (five) years, 203 (two hundred and three) cases of theft of clean water have been found by customers, but the perpetrators of the theft have not been investigated by the police but have been administratively resolved. This paper examines countermeasures against the prevention of criminal acts of theft of clean water and obstacl in preventing the factors causing the crime of theft of clean water. Based on the results of the study, it was shown that the completion of the criminal case of theft of clean water at PDAM Tirta Mountala, Aceh Besar District, was that the perpetrators of the theft were not investigated by the police but were resolvedpeacefully by PDAM Tirta Mountala Aceh Besar with customers. 
TALAK DI LUAR PENGADILAN DAN IMPLIKASINYA Khairizzaman; Armia
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.788 KB) | DOI: 10.61393/tahqiqa.v16i2.80

Abstract

Divorces outside the court are widely practiced by the community. Considering that this model of divorce is not officially recorded in state administrative law, it will have implications for other civil laws. This research is a normative research using descriptive analysis method. The results of the study show that divorce outside the court is a divorce that is carried out by the community unofficially and is not recorded based on the laws and regulations in force in Indonesia. In the perspective of Islamic law, this model of divorce is in principle valid as long as the terms and conditions of divorce law are fulfilled. Even so, this model of divorce from the perspective of positive law in Indonesia is considered invalid and the divorce agreement is deemed to have never existed, because it is not registered in state administrative law. The implications of divorce out of court include; the termination of the marriage bond, but both of them cannot obtain an official divorce certificate, also has an impact on civil rights to property law, the right to care for children, and cannot sue for matters that are binding under state law, uncertainty and has no permanent legal force.
KONSEKUENSI PERNIKAHAN SIRI TERHADAP ISTRI DAN ANAK Fajarwati
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (809.76 KB) | DOI: 10.61393/tahqiqa.v16i2.81

Abstract

Islam regulates family matters not in outline, but in detail. This shows a great concern for the welfare of the family. The family is formed through marriage, therefore marriage is highly recommended by Islam for those who already have the ability. The purpose of marriage according to Islam is to fulfill religious instructions in order to establish a harmonious, prosperous and happy family. Harmonious in using the rights and obligations of family members; Prosperous means the creation of inner and outer peace due to the fulfillment of the necessities of life both physically and mentally, so that happiness arises, namely love between family members. If you look at the purpose of marriage above, then sirri marriages that occur in society will be difficult to establish a harmonious, prosperous and happy family. Because sirri marriage contains more harm than benefit. One of the disadvantages is that the wife and children will not get inheritance from the husband. Thus, this sirri marriage is very detrimental to the woman. Therefore, carry out the marriage in accordance with the rules in Islamic law and the Marriage Law.
PERAN TOKOH AGAMA DALAM PEMBERANTASAN NARKOBA Mustajab, Muhammad; Handayani, Putri
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the efforts of religious leaders of Pidie Regency in eradicating drugs, as well as to find out the obstacles faced by religious leaders of Pidie Regency in eradicating drugs. This research method uses descriptive analysis method, the method of data collection is library research and field research. Researchers conducted research using question instruments in the form of observations, interviews, and review of documentation. The results of this study are the efforts of religious leaders in eradicating drugs in Pidie Regency, namely religious leaders must work together and together to eradicate drugs, convey the dangers of drugs to the community through da'wah, pulpit sermons, lectures, discussions both with the government and with the community at In both informal and official meetings, religious leaders together with imum syik in the village area also play a role in formulating the gampong pageu (gampong qanun), the aim of which is to maintain order and environmental security. The obstacles faced by religious leaders in Pidie Regency in eradicating drugs are, religious leaders have limited information and facilities, lack of attention from community support, regional leaders or community leaders in all regions.
STUDI KOMPARATIF DELIK PENISTAAN AGAMA DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Izwany, Bonita; Firdaus, Firdaus
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to explain the sanctions for religious blasphemy according to Islamic law and positive law. Indonesia is a country that guarantees freedom of religion for everyone as stated in Article 28 letter E of the 1945 Constitution of the Republic of Indonesia. In this case, the Qur'an prohibits everyone from insulting other people's religions, as contained in surah al-An'am verse 108. So this writing can provide an explanation of the sanctions for blasphemy in Islam and positive law. The results of the research show that the offense of blasphemy in jinayah fiqh has clearer legal regulations and stricter sanctions. Meanwhile, the offense of religious blasphemy in the Criminal Code has an unclear formulation and sanctions that do not have a deterrent effect on perpetrators of religious blasphemy. Jumhur Ulama agrees that if the perpetrator is a Muslim or infidel, then the law for that person is apostasy and is punishable by death. However, Ulama differ in their opinions regarding the law imposed if the perpetrator is a dhimmi infidel.

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