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[TERMINOLOGI KORUPSI MENURUT PERSPEKTIF HUKUM PIDANA ISLAM ]]>
<![CDATA[Syarbaini, Ahmad]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.205
<![CDATA[Corruption comes from the Latin coruptio and corruptus which means to bribe and corrumpere which means to destroy. Corruption is included in jarîmah. Jarîmah is: "Prohibitions of syara', namely; Threats with 'uqūbat had or ta'zir". Ta'zir is: "'uqūbat determined by the authorities in order to refuse thinning and prevent crime". Terminology of Corruption in Indonesian law is: "Unlawfully committing acts of enriching oneself or another person or a corporation that can harm state finances or the state economy". While the terms that are close to corruption in Islamic studies are: "ghulūl, ikhtilâs, risywah and al-fasad and". Corruption according to fiqh is: "It is a jarîmah or a modern and extraordinary crime for which there is no agreement on the terms and definitions. While the 'uqūbat is ta'zîr which is returned to waliyul amri".]]>
<![CDATA[KHULU’; PENYEIMBANG OTORITAS (INISIASI) CERAI DALAM SURAH AL-BAQARAH AYAT 229 ]]>
<![CDATA[Aldin, Alfattiah]]>;
<![CDATA[Izwany, Bonita]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.206
<![CDATA[The life of a husband and wife in a household can only be upright if there is calm, affection, good association and each party carries out their obligations properly. But sometimes it happens that the husband hates his wife or the wife hates her husband. This means that if the marriage relationship is continued, harm will occur. So that at a time like this, Islam allows the dissolution of marriage as the last step in efforts to continue the household. And if hatred is on the part of the husband, then divorce is in his hand, which is one of his rights, but if hatred is on the part of the wife, then Islam allows her to redeem herself in the khulu way, namely returning the dowry to her husband to end the bond as husband and wife. In terms of the form of divorce that occurs as a result of khulu', several scholars differ in opinion. The first opinion, one of the narrations from Imam Ahmad says that khulu' is fasakh while the opinion of other scholars says that khulu' is divorce so this difference of opinion brings legal consequences how many times it is permissible to do khulu'. Based on this, the author wants to try to analyze the opinion of Ibn Hanbal who said that khulu' is fasakh. The results of the author's analysis show that divorce by way of khulu' takes the form of talak because this is in accordance with the statement of Surah Al-Baqarah verse 229 which says that khulu' cannot be referred to except with a new marriage, besides that Ibn Hanbal's opinion about khulu' as fasakh is not in accordance with the KHI where the KHI is the guideline for judges at the Religious Courts in resolving marital or divorce issues, and this is in accordance with articles 161 and 155 of the KHI.]]>
<![CDATA[NIKAH BEDA AGAMA DI INDONESIA: STUDI KOMPARASI HUKUM ISLAM DAN HUKUM NASIONAL ]]>
<![CDATA[Amiruddin, Amiruddin]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.207
<![CDATA[This research is aiming at discussion about different religious marriage in Indonesia by comparing Islamic law perspective and national law. However, this kind of marriage has been a trend among society in Indonesia recently, mostly performed by the artists. By using library research as the method and synthesis approach for the analysis, this article would like to strengthen the mainstream view that prohibit marriage among different religious adherents, either by Islamic law or by national law norms. As the conclusion, this article finds that the rule which prohibit this kind of marriage among people in Indonesia should be inforced in order to build mutual harmony of life within society.]]>
<![CDATA[PEMBINAAN TERHADAP NARAPIDANA RESIDIVIS TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA : (SUATU PENELITIAN DI RUTAN KELAS IIB TAPAKTUAN) ]]>
<![CDATA[Arifa, Ridha Nur]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.208
<![CDATA[The definition of coaching according to Law Number 22 of 2022 concerning Corrections is an activity carried out to improve the quality of personality and independence of prisoners and assisted children which aims to improve the quality of personality and independence of inmates so that they realize mistakes, improve themselves and not repeat criminal acts, so that can be accepted again by the community, can live normally as a good, law-abiding, responsible citizen, and can play an active role in development; and provide protection to the community from repetition of criminal acts. However, in reality, in the Class IIB Tapaktuan Detention Center, there are still many repeat crimes of narcotics abuse. This paper examines the implementation of training for recidivist prisoners for the crime of narcotics abuse in the class IIb detention center in Tapaktuan and the effectiveness of training for prisoners recidivist for the crime of narcotics abuse in the class IIb detention center in Tapaktuan. Based on the discussion above, it can be concluded that the implementation of guidance for criminal recidivists is in accordance with applicable laws and regulations, but the implementation has not been effective due to the limited skills possessed by officers, the lack of facilities in the Tapaktuan Class IIB Detention Center and the lack of The awareness of the perpetrators is that there are still very few prisoners who are conscious and willing to learn.]]>
<![CDATA[MOTIVASI DALAM ISLAM ]]>
<![CDATA[Azimi, Zul]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.209
<![CDATA[This research aims to explore motivation and work motivation in Islam with an emphasis on aspects of pleasure in this world and the hereafter. Research findings reveal that motivation in Islam includes a holistic search for happiness, with the stipulation that worldly pleasures must be accompanied and balanced with obedience to Allah. This understanding guides Muslim individuals to achieve balance between the affairs of this world and the hereafter through the understanding that work is also a form of worship. Seeing work as worship provides a deeper dimension to motivation, not just limited to achieving material success or worldly achievements. On the contrary, work is considered as a means to obtain the blessings of life in this world and the hereafter. These findings provide a strong understanding that Muslim individuals can achieve a meaningful life balance through work, where their goals are not only focused on worldly success, but also on lasting happiness in the afterlife.]]>
<![CDATA[MANAJEMEN ZAKAT: MASA NABI MUHAMMAD SAW DAN SAHABAT KHULLAFAURRASYIDIN ]]>
<![CDATA[Rahmad, Rahmad]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.211
<![CDATA[Apart from being a religious service, Zakat also contains social and economic values. However, inappropriate management individually only realizes the value of worship. The behavior of zakat management carried out by the Prophet Muhammad SAW and Friends of Khullafaurrasyidin can be used as a reference that government involvement is needed so that zakat management can run optimally, so that one of the functions of zakat, namely empowering mustahik to become muzakki, can be realized and the zakat surplus target can be realized]]>
<![CDATA[FAKTOR TERJADINYA DISPARITAS TERHADAP PENJATUHAN SANKSI PIDANA ]]>
<![CDATA[Yusmadi, Yusmadi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.215
<![CDATA[This research aims to find out the things that influence the imposition of criminal sanctions on the factors of disparity in the imposition of criminal sanctions, to find out the decision-making process of a case by a judge, and to find out the level of justice for victims when imposing sanctions for perpetrators that are not in accordance with written law. This research is a field research and library research, with data collection techniques namely observation, interviews, and documentation review. The results of this study are, in the imposition of criminal sanctions there are sometimes disparities, it is due to the freedom for a judge in imposing criminal sanctions for a criminal, with certain considerations, including considering the factors that exist within the perpetrator as well as public opinions and the actual facts of a case.]]>
<![CDATA[ANALISIS UNSUR-UNSUR TINDAK PIDANA PENCURIAN: TINJAUAN HUKUM ]]>
<![CDATA[Hamdiyah, Hamdiyah]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.216
<![CDATA[This research aims to find out about the crime of theft and the elements of the crime of theft. The research method used is the library method by collecting various documents. The research results show that the crime of theft is an unlawful act that involves taking goods or property belonging to another person without permission or legal rights. This phenomenon covers varying degrees of severity, from petty theft to robbery. Theft can harm individuals and society at large. To tackle this crime, preventive measures are needed, such as increasing security and public awareness. The legal system regulates the elements of theft and provides appropriate sanctions depending on the severity of the legal violation. The elements of the crime of theft include the act of taking goods owned by another person, intent to possess, against rights or without permission, transfer of ownership, and the context of the criminal article. All of these elements must be met for an act to be considered theft according to the law. By fulfilling these elements, the law can determine whether a person is guilty of committing the crime of theft and provide appropriate sanctions.]]>
<![CDATA[KONSEP KELUARGA HARMONIS DALAM BINGKAI SAKINAH, MAWADDAH, WARAHMAH ]]>
<![CDATA[Masri, Masri]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v18i1.219
<![CDATA[This research aims to identify the concept and form of a harmonious family in Islam in terms of sakinah, mawaddah, warahmah. This research is normative research with a qualitative type of research using descriptive analysis methods. The research results show that a harmonious family can be identified from the criteria of mutual understanding, fostering a sense of love with family members, deliberation within the family, forgiving each other's mistakes, and accepting each other's shortcomings between husband and wife. The manifestation of this harmonious family concept in Islam is known by the terms sakinah, mawaddah, warahmah]]>
<![CDATA[PENUNDAAN PEMBAGIAN WARISAN: DAMPAK HUKUM DAN SOLUSI PENYELESAIANNYA ]]>
<![CDATA[Harahap, Taufik Hidayat]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[The delay in inheritance distribution in the Pidie District community is largely influenced by a tradition that requires inheritance to be distributed only after the wife of the heir passes away. Although this is done to maintain family harmony, it contradicts the principles of Islamic law, which dictates that inheritance should be distributed immediately after the heir's death. This study aims to analyze the reasons behind the delay in inheritance distribution and to understand the role of customary law ('urf) in this practice. The research uses a descriptive qualitative method, collecting primary data through interviews, observations, and documentation, alongside secondary data from relevant literature. The findings indicate that the delay is driven by emotional factors and customary practices, despite the potential harm to the heirs, particularly children who should receive their inheritance promptly. From an Islamic law perspective, the delay in inheritance distribution falls under the category of ‘urf fasid, which is not in accordance with Islamic law.]]>
