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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 9 Documents
 1 
Search results for , issue "Vol. 17 No. 2 (2023): Juli" : 9 Documents clear
MEMBANGUN KELUAGA QUR’ANI DI ERA DIGITAL, ANTARA HARAPAN DAN TANTANGAN Fajarwati, Fajarwati
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.163

Abstract

The Qur'anic family is a family that is close to the Qur'an, friendly to the Qur'an, always interacts with the Qur'an, and practices the Qur'an in everyday life. The Qur'ani family is not just a family that memorizes the text of the Qur'an, but is also able to practice Qur'anic values ​​in its family life. The Qur'an is a guide and reference in forming a real family. The Qur'an cites various family models as a reflection of today's modern family. For example, the bad family model reflects the Abu Lahab family (Qs. Al-Lahab: 1-5), the noble family reflects the family of Prophet Ibrahim (Qs. Ash-Shaffat: 101-113), Imran's family (Qs. Ali Imran: 33-34 ), the Luqman family (Qs. Luqman: 13-19) and so on. These are among the family stories (al-Qashash) that are revealed in the Qur'an as a reflection of today's family. Therefore, it is appropriate for every family to reflect on the various family models described in the Qur'an so that they can build a Qur'anic family
PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM MENURUT UNDANG-UNDANG NO. 11 TAHUN 2012 (ANALISIS MAQASHID AL SYARIAH) Rachmawati, Rachmawati
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.164

Abstract

The repressive juvenile justice paradigm has begun to be abandoned and replaced by the concept of solving a child criminal case with a restorative concept that views all parties, perpetrators, victims and communities having equal opportunity to resolve conflicts cause by a crime. The restorative concept is in conformity with the conventions agreed upon by countries in the world in the Convention on the rights of the child in 1990 with international instruments including. The study of the crime against children in Islam has existed before the rule of the child in the ancient conventional low. The objective of punishment in Islam is not only to recognize the retributive objectives as the main objective in criminal prosecution but also to recognize other objectives such as the rehabilitation of the perpetrator and also the restorative between the perpetrator and the victim. Here is the interesting thing that will be studied comprehensively related Maqasid Al Syari’ah in applying restorative justice especially in case of child face to law. See the complexity that accompanied restorative justice in children facing the law, the authors are interested to examine the settlement of lawsuits children in accordance with the law no 11 of 2012 analysis Maqasid Al syari’ah this research is a library research, descriptive analysis and analyze data qualitative with inductive method. The approach used is normative juridical, by looking at restorative justice in penal law of Indonesia, this research aim to know value of Maqasid Al Syari’ah in process of settlement of child crime case and examining view of Islam law to restorative justice value contained in law no 11 of 2012. After the research, it can be conclude that the application of restorative justice has long been adopted in the Islamic legal system, precisely on qiyas-diyat criminal acts. In the context of children, the application of restorative justice is more accommodated, given th urgency and for the benefit of the child as the nation’s successor. Whereas in viewing restorative justice in the SPPA act indicates the existence of reconciliation effort of forgiveness, correction of relationship, there is also structural responsibility as balancing individual responsibility, all of which obviously accommodated in purpose of punishment Al-isti’adah.
KONSEP TA’ZIR MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Syarbaini, Ahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.167

Abstract

Ta'zir is: "'Uqubat (punishment) which is not mentioned in the texts of the Qur'an and Al-Hadith". 'Uqubat (punishment) ta'zir is returned to the walitul amri (government), namely the judges who have been appointed by the government. The way to determine 'uqubat (punishment) is by means of ijtihad. Ta'zir is part of 'uqubat (punishment) against a finger (mistake) that has been committed by someone who violates the rights of Allah s.w.t and the rights of servants. The purpose of determining the 'uqubat (punishment) ta'zir is: first; to uphold justice, second; for tadrib (education) perpetrators of jarimah (lawbreakers), third; to create benefit (prosperity) in society, and fourth; to protect human rights (HAM) in Islam. While the basic principle of its determination is: "To glorify the Shari'at of Allah s.w.t (Islamic Shari'at)". Broadly speaking, there are two ta'zir: first; ta'zir related to the rights of Allah s.w.t, and second; ta'zir relating to the rights of servants
PENGARUH KEPERCAYAAN MUZAKKI KEPADA INSTITUSI ZAKAT DALAM MENUNAIKAN ZAKATNYA DI BAITUL MAL KABUPATEN PIDIE Rahmad, Rahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.169

Abstract

Zakat apart from being a mahdhah worship service, also functions as a social service that can be used as an instrument for eradicating the poverty of today's people in Aceh. The potential for zakat in Aceh is so great that it cannot be optimized if the zakat institution has not won the heart of the muzakki who are the holders of the zakat mandate itself. Baitul Mal's income from the zakat sector is highly dependent on the muzakki's trust in zakat managers in these official institutions. The percentage and frequency are also very high so that the influence of the muzakki's trust in amil institutions greatly determines his desire to choose Baitul Mal as a place to pay his zakat.
CUTTING PRICE MENURUT HUKUM ISLAM : (Studi Kasus di Pasar Simpang Tiga) Azimi, Zul
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.171

Abstract

This study aims to determine the impact of cutting prices on businesses and consumers and a review of Islamic law on practice at the grocery wholesale shop in the Simpang Tiga Market. The research method used is a qualitative method to obtain the author's data using the Field Research method, using interviews, observations, and documentation. The study results showed that buying and selling with a cutting-price system conducted by food traders in the Simpang Tiga Market is one of the forms of business competition. The traders do the food price of items aimed at increasing customers and reducing the stock of existing goods. In Islamic law, buying and selling with a cutting-price system is not justified because the practice of cutting prices can kill other people's efforts, so their actions can be classified as wrongdoing against other parties. Cutting prices is caused by a lack of understanding of the religion of the merchant.
MENDALAMI KONSEP NUSYUZ DAN SYIQAQ DALAM PERSPEKTIF HUKUM ISLAM: SEBAB, DAMPAK, DAN SOLUSI Masri, Masri
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Nusyuz and syiqaq are two essential concepts in Islamic law related to the dynamics of marital conflict. This article aims to delve into the meanings, causes, impacts, and solutions surrounding these two issues. From an Islamic perspective, nusyuz refers to the disobedience of either party, whether the wife or husband, in fulfilling their marital obligations, while syiqaq refers to disputes that can lead to the breakdown of the household. Using a descriptive-analytical approach, this article examines relevant verses of the Qur'an, hadiths, and scholarly opinions on nusyuz and syiqaq. It is hoped that this article will contribute to understanding and promoting preventive and solution-oriented efforts to maintain harmony within marriage.
ANALISIS PENERAPAN PRINSIP KEADILAN DALAM HUKUM WARIS ISLAM DAN IMPLEMENTASINYA DI MASYARAKAT Harahap, Taufik Hidayat
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to analyze the application of the principle of justice in Islamic inheritance law and its implementation in the distribution of inheritance assets in society. Islamic inheritance law stipulates that the distribution of inheritance should be based on the rights and responsibilities of each heir, but the public's understanding of this principle is still limited. Many individuals assume that justice in inheritance distribution means equal shares, without considering the differing responsibilities between men and women, such as the obligation of men to provide for their families. This research uses a qualitative approach with library research and case study methods. The library research involves gathering literature on Islamic inheritance law, while the case study involves observing inheritance distribution practices in society. The findings of the study indicate that inheritance distribution practices often do not align with the principles of Islamic inheritance law, mainly because communities tend to follow customary laws or family traditions. This can lead to injustice and conflicts among heirs. Therefore, this research emphasizes the importance of wider socialization and education on Islamic inheritance law so that the public can understand and apply it correctly. With better understanding, it is hoped that inheritance distribution can be carried out justly and harmoniously, in accordance with the principle of justice in Islam.
PANDANGAN ULAMA KONTEMPORER DAN MAJELIS PERMUSYAWARATAN ULAMA KABUPATEN PIDIE TERHADAP ZAKAT INVESTASI PROPERTI Mustajab, Muhammad; Zahara, Cut Naza
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to determine the criteria for property investment zakat in the view of Fiqh, the opinions of Contemporary Ulama on property investment zakat and the views of the MPU of Pidie Regency on property investment zakat. This type of research is field research using descriptive analysis methods. Data collection uses observation, interview, and documentation techniques. The results of the study indicate that the criteria for property investment zakat in the view of fiqh are houses if rented for rental or boarding houses. Hotels and properties that are rented Vehicles such as car rentals, buses, boats, ships, trucks and even airplanes. Factories and industries that produce goods such as rice mills and so on. The opinion of Contemporary Ulama on Property Investment Zakat is mandatory, the system for determining property investment zakat (al-mustaghallat) is to determine the end of the current zakat year (haul), the nisab of zakat on assets is worth 85 grams of 21 carat gold calculated based on the mandatory market price. The amount of property zakat is 2.5% for haul. The view of the MPU of Pidie Regency. Pidie regarding property investment zakat is categorized as income zakat, but property investment zakat is not required to be paid by the community, because generally the Pidie community adheres to the Shafi'i school of thought. According to the Shafi'i school of thought, there is no text of the Qur'an or hadith that stipulates paying property investment zakat.
DISKRESI POLISI DALAM PENANGANAN TINDAK PIDANA PENCURIAN: Studi Kasus di Wilayah Hukum Polsek Pidie Izwany, Bonita; Diana, Ema
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to find out about police discretion in handling theft crimes (case study in the jurisdiction of the Pidie Police). The research method used in compiling this thesis is a qualitative method to obtain data in the field, the author uses the Library research method (library research) and field research (field research), namely by using observation, interview, and documentation techniques. The results of the study indicate that the Police's efforts in the form of preventing theft crimes by providing protection to the public so as not to become victims of other thefts and the Mechanism taken by the police in resolving the problem of theft against reports received by the police is the first by visiting the Crime Scene (TKP), examining the victim and witnesses or the Examination Report (BAP). 2. The obstacles faced by the police chief in resolving the existing problems are inadequate facilities and infrastructure, disconnected information networks, lack of evidence and witnesses, apathetic society, inadequate supporting facilities at the crime scene. The role of the police in handling cases of minor theft is based on the memorandum of understanding between the court, the prosecutor's office and the police which normatively states that if the stolen amount is less than two million five hundred thousand rupiah, it will be resolved in the village or from the police chief's program, namely restorative justice, if more than two million five hundred thousand rupiah is taken, it must be resolved in court, and if someone reports this minor theft crime, we will still process it by calling the suspects and victims or giving customary sanctions.

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