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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. 17 No. 1 (2023): Januari" : 8 Documents clear
Hukum Poligami dan Interpretasi dalam Q.S. An-Nisa Ayat 3 Aldin, Alfattiah
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (737.016 KB) | DOI: 10.61393/tahqiqa.v17i1.82

Abstract

Polygamy in Surah An-Nisa ': 3 is a skill that is complicated and tightened. Polygamy is only allowed in an emergency and can only be done by people who really need it, while according to the system adopted by the Indonesian Marriage Law, the principle of monogamy is one husband for one wife. However, in certain cases or reasons, a husband is given permission to have more than one wife. This paper examines the regulation of polygamy regulated in Q.S. An-Nisa Paragraph 3 and Polygamy according to the applicable national law in Indonesia, namely Law Number 1 of 1974 concerning Marriage. Based on the results of the study, it shows that according to positive law in Indonesia, the court will only give permission to the husband to have more than one wife if there are special alternative causes, while in Islamic law it also does not require polygamy or recommend it, he only talks about the permissibility of polygamy, and that is also a small emergency exit. The Shari'a of the Qur'an, should not be viewed from the point of view of good and bad, but must be seen from the point of view of legal arrangements, in various conditions that may occur. There are many conditions other than those mentioned, which is also a logical reason not to close the door on polygamy.
PEMIDANAAN TERHADAP RESIDIVIS TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN DI WILAYAH HUKUM PENGADILAN NEGERI TAPAKTUAN Ridha Nur Arifa
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.503 KB) | DOI: 10.61393/tahqiqa.v17i1.83

Abstract

The definition of recidivism in the Indonesian Criminal Code is regulated in Article 486 of the Criminal Code, namely regarding repeat crimes involving assets and fraud. In these articles what is meant by a recidivist is stated to be repeating a crime for his actions, there is a threat of a sentence that is aggravated or added to one third. However, in practice in the jurisdiction of the Tapaktuan District Court, judges do not impose criminal charges against recidivist criminal acts of theft in aggravating circumstances. This paper examines the Basic Considerations of Judges in Imposing Decisions on Recidivist Criminal Acts of Theft in Aggravating Circumstances and Factors Causing the Repeated Crime of Theft in Aggravating Circumstances. Based on the discussion above, it can be concluded that in the judge's decision it was not aggravating because the perpetrator regretted his actions and promised not to repeat it again, the perpetrator was also polite in court and the perpetrator was honest in giving information. The factors causing the repetition of criminal acts of theft in aggravating circumstances are educational, economic, and religious factors.
SISTEM PENGUPAHAN DALAM PERSPEKTIF HUKUM ISLAM Safwan; Benazir
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (535.63 KB) | DOI: 10.61393/tahqiqa.v17i1.84

Abstract

This research was conducted to determine the wage system in the perspective of Islamic law, with data collection techniques using observation and documentation methods. Data analysis in this study will use qualitative data analysis which is constructive, develops and discovers social theories. The results obtained from this study are that the wage payment system must be in accordance with the agreement, so that wage earners can overcome some of the economic difficulties that are needed daily. The act of delaying the payment of wages without a valid reason is very contrary to Islamic law and is classified as an unjust act, what is more important in the matter of wages is that before working as a girlfriend, both parties first inform or provide an explanation regarding the amount of wages that must be received or arrested. so that there is no interpretation at a later date. Islam also explains that in the wage payment system, the wages that workers will receive
KEDUDUKAN IMAM DESA SEBAGAI AMIL ZAKAT DALAM PERSPEKTIF HUKUM SYARIAH : The Position of Village Imam as Amil of Zakat in Aceh Perspective Syariah Low Januddin, Januddin
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.27 KB) | DOI: 10.61393/tahqiqa.v17i1.85

Abstract

In the concept of sharia economics, the distribution of zakat that is evenly distributed and on target is one of the efforts in economic equality to minimize the poverty rate in Aceh in particular. This function is integrated into the role played by Amil zakat as zakat manager including the village priest. This study aims to determine the role of village faith as amil zakat from the perspective of Syariah Low then the legal basis for the prohibition of village priests from receiving zakat in a position as a zakat senior. The method used is a case study by collecting data through in-depth interviews which are analyzed using a qualitative approach. The results of the study presume that the village priest ex officio serves as the head of the BMG so that he has the status of an amil in accordance with article 13 paragraph 4 of Qanun Aceh No 10 of 2018. So the delivery of zakat through the village priest is the same as giving it to mustahik. Even though he has the status of an amil, even so the position of village priest is not that of an amil senior. This is because the village priest is considered a wali iqlim, that is, a person in charge of religious affairs in an area, from this position it is determined that the village priest is not entitled to receive zakat but because of his position as amil, he is entitled to receive only ujrah mitsil from his work in managing.
HAK ASUH ANAK PUBERITAS PASCA PERCERAIAN Syazali, Hasan
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i1.103

Abstract

This paper discusses the issue of post-divorce puberty child custody. In our daily life we often encounter in society, that after the divorce of parents of children we often find that we lose our identity. We encounter various kinds of judgments in the midst of society towards divorced families. Even though the problem of divorce is not a new problem in Islam. Shari'a has arranged in such a way for every follower of Islamic teachings in a very systematic way. As we will discuss here, every husband and wife who has divorced Islam provides steps that are mutually beneficial, even children are also regulated by Shari'ah regarding the rights of children when their parents are separated. Therefore, parents should hold each other back to avoid divorce in the household for the sake of children who still need perfect attention and affection from both parents. According to Islam, the child has the right to be cared for by the mother if he is still small and if he has entered puberty, the child may choose to live with the father or mother, this depends on the wishes of the child. However, if a child who has entered puberty chooses to live with his mother, the mother may not restrain the child from being with his father and vice versa. This is done to meet the needs of love and attention from both parents which are still very much needed by puberty children.
Keabsahan Pernikahan Perempuan Hamil di Luar Nikah Menurut Hukum Islam dan Legislasi di Indonesia A. Rahman, Maimun; Lawang, Karimuddin Abdullah
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i1.112

Abstract

Marriage is a sacred bond to build an everlasting household. Regarding the marriage of a woman who is pregnant out of wedlock is a disgrace that some families must cover, so they are looking for a solution by marrying the pregnant woman. However, the problem is the legality of marriage for pregnant women out of wedlock according to Islamic law and Indonesian laws and regulations. This study uses a qualitative research method with a normative juridical approach because it relates to the validity of a law. The results of the study concluded that the marriage of a woman who is pregnant with the man who impregnated her is valid according to Islamic law, even though there are differences of opinion among the Maliki and Hanbali schools of thought that declare it invalid. According to the rules and regulations, it is also stated that it is legal based on KHI article 53, which explains that a woman pregnant out of wedlock can marry the man who made her pregnant.
SITEMATIKA DALIL DALAM PENETAPAN HUKUM ISLAM: (Suatu Analisis Menurut Pemikiran Ulama Ushul Fikih) Syarbaini, Ahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i1.114

Abstract

The object of discussion of ushul fiqh is discussed by ushul scholars with different systematics, according to the focus of attention of each individual. In general, the method of establishing the arguments for the syara' law can be known from the Prophet's dialogue with Mu'adz bin Jabal when he was sent to Yemen as a qadhi. In the process of establishing syara' law, the use of argument plays a very important role. In terms of origin, the argument is divided into two parts, first; arguments originating from revelation, and second; The argument comes from ra'yu (reasoning). All arguments by some scholars can be returned to only four arguments, namely: first; the Bible, second; Al-Sunnah, third; Ijma', and fourth; Al-Ra'yu.
TINDAK KRIMINAL DALAM EKONOMI SYARIAH: ANTARA ETIKA DAN HUKUM Harahap, Taufik Hidayat
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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

Abstract

The implementation of Sharia law in addressing economic crimes is a crucial step toward establishing a fair and sustainable economic system. This study aims to analyze various forms of criminal acts within the Sharia economic system, identify the factors influencing such violations, and assess the role of ethics and the effectiveness of Sharia law in preventing and addressing these offenses. Furthermore, it evaluates the relationship between Sharia legal norms and ethical principles in regulating economic misconduct. This research employs a qualitative approach, using data collection techniques such as in-depth interviews, participatory observation, and document analysis. Informants include Sharia law practitioners, Islamic economic experts, and entrepreneurs involved in the Islamic financial system. The data were analyzed to understand the practices and challenges of applying Sharia principles in preventing actions such as riba (usury), gharar (uncertainty), maysir (gambling), as well as corruption and fraud in economic transactions. The findings reveal that criminal acts in Sharia-based economies undermine the principles of justice and transparency. Sharia ethics plays a significant role as both a moral foundation and internal control system in preventing violations. Moreover, the effective implementation of Sharia law, supported by robust oversight and public education, can enhance the integrity and sustainability of the Islamic economic system.

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