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[PARADIGMA PEMIKIRAN HUKUM ISLAM DALAM KEILMUAN MODERN ]]>
<![CDATA[Arfah Ibrahim]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.146
<![CDATA[The modern era has led fiqh (Islamic law) on the problematic position anddilemma. Fiqh is not only difficult to solve various problems and social issuesfacing but also still stutter defines selfhood, especially in the context offormulating a viable legal method used to solve various problems. In view ofCoulson, the problem is what is in the cause of conflict and tension betweentheory and practice in the history of research and application of Islamic law.Indonesian Islamic legal thought in an attempt to deliver a maximum of scholarsschools of law in line with the culture of the Indonesian Islamic community.Therefore, this product can be applied to legal thought, either philosophical,juridical and sociological-cultural formal. One of the problems with thedevelopment of Islamic legal irrelevance and thought he was assessed in respectof human civilization as a static law is the lack of use of scientific methodology asdeveloped in the West. By him that the historical approach, socio-cultural,philosophical and theological-scientific approach is a solution to the Islamizationof modern scientific paradigm repertoire of classical Islamic legal methodology.So the new paradigm of Islamic law is the outcome of these approaches, namelythe paradigm that sees Islamic law in an integrated manner, both as a normativeinstitutions that prioritizes basic values of Islamic legal certainty as well associological philosophy that prioritizes fundamental values of justice and truth]]>
<![CDATA[TA’LIL AHKAM DAN IJTIHAD KONTEKSTUAL DALAM PEMBINAAN HUKUM ISLAM ]]>
<![CDATA[Imran Abubakar]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.147
<![CDATA[Ta’lil Ahkam is an actualization methodology Shari'ah values in practicallife. Ta’lil Ahkam acceptance in the science of jurisprudence has been thecornerstone of ijtihad contextual acceptance. Blend the concept of contextualTa’lil Ahkam and Ijtihad in Islamic law coaching will give birth to a law that canrun at any time. Opposition in Ta’lil Ahkam acceptance in the knowledge ofKalam, should not be used as a first principle to prove that scholars are not ijma(agreed) to Ta’lil Ahkam acceptance in the jurisprudence.]]>
<![CDATA[ANALISIS TERHADAP PEMIKIRAN KH. SAHAL MAHFUDH TENTANG LOKALISASI PELACURAN ]]>
<![CDATA[Khairizzaman Khairizzaman]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.149
<![CDATA[Social scientists who study prostitution often use a variety of approachesvarious disciplines such as history, sociology, psychological and interdisciplinaryareas of womens studies. Various scientists work produced by a variety ofdisciplines that paying attention to the specific motifs of prostitution or a numberof important aspects of the phenomenon as a whole. Pathways identified indefining the symptoms tend to be partial. KH. Sahal Mahfudh as one of thescholars offer a solution in tackling the problems of prostitution, one of which isthe centralized location of prostitution. It means that prostitution should belocalized in one place is quite far from the contact local residents. This opinion isa very bold thinking and contrary to the opinion of the general public who viewprostitution as a disgraceful act and banned religion must be destroyed]]>
<![CDATA[MEMAHAMI KAEDAH AL-KHURUJ MIN AL-KHILAF ]]>
<![CDATA[Maizuddin M. Nur]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.150
<![CDATA[Rules of fiqh as an attempt to understand the general principles of fiqh andprovide convenience in applying the laws to the problems faced have beendeveloped by the jurists. One such principle is the principle of al-khuruju min al- al-khilaf. Some people categorize this as a rule of special rules in the field ofsiyasah. However, it appears that the practice of application of this rule fqihalmost penetrated all areas where there are differences of opinion. School leadershave practiced this method although by leaving the results of their ijtihad. However, this rule can not be applied as such. The application of this rule islimited to certain conditions. In connection with this issue methods oftransactions, seemingly not be applied strictly, because the field is experiencing avery special feature supple and flexible.]]>
<![CDATA[QISĀS DAN HUDŪD SERTA RELEVANSINYA DENGAN HAK ASASI MANUSIA ]]>
<![CDATA[Munadi Munadi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.151
<![CDATA[in view of Islam every human being has rights that must be respected,protected and maintained, namely religion, life, property, reason and honor. Fifthrights are human rights (dharuriyat al khams) that should not be disturbed. Islamsets strict penalties against human rights violations in the form of qisas andhudud. Although a cursory view this cruel punishment, but it contains themeaning and profound wisdom, both for the offender or others. Punishment iszawajir or as a preventive efforts (prevention) to cause fear for others not to dareto commit a similar crime. The situation is very effective in enforcing the law andensuring and upholding human rights.]]>
<![CDATA[AZAS-AZAS HUKUM ISLAM ]]>
<![CDATA[Muzakir Muzakir]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.152
<![CDATA[The main sources of Islamic law are the Qur'an and the Hadith. Mergingthe two gave birth to three sources, namely Consensus. Application of Islamic lawshould provide a sense of comfort for mukallaf. These conditions need to becreated so that the objectives of Islamic law to achieve happiness of the world andthe hereafter is reached. Therefore, the application should require the principles asa foundation. Principles themselves can be obtained at the legal source. The use oflegal principles is absolutely necessary for their implementation. This is veryimportant, because it will give comfort to arbitrate.]]>
<![CDATA[SEJARAH FIQH ABU HANIFAH ]]>
<![CDATA[Nufiar Nufiar]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.153
<![CDATA[This paper attempts to discuss the figure of Abu Hanifa as an Islamicjurist, not as the others. One of the difficulties disclosures figure Abu Hanifa islocated on the lack of referral sources. I received only two papers that investigatedthe Abu Zahrah thoughts. Even then examine universally thought Abu Hanifah.Another source is the writings on biography and little thought of Abu HanifahIndonesian writers. Even then, according to the author quoted from the writings ofmany Abu Zahrah.]]>
<![CDATA[ANALISIS SEPUTAR ZAKAT HASIL PERTANIAN (ZAKAT ZURU’) ]]>
<![CDATA[Nurdin Manyak]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.154
<![CDATA[Today the application of science and technology in agriculture has beenable to make a variety of crops as a commodity that has economic value. In theold days such as vegetables, grown only in limited quantities for its own needsand not be traded, but are now growing vegetables has been professionallymanaged and has resulted in large numbers and even been used as commodityexports that generate a lot of money. Similarly, other agricultural products whichat first had no economic value, but today is can be used as a profitable item for theowner.]]>
<![CDATA[ANALISIS KOMPARATIF TENTANG HUKUM TALAK TIGA ANTARA FIQH KLASIK DAN HUKUM POSITIF ]]>
<![CDATA[Sulaiman M. Thalib]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.155
<![CDATA[Thalaq or divorce, from literally just been symbolizes disharmony andhatred, it was hated, the Prophet SAW said that divorce is forbidden by Allah.Though hated but divorce is halal, Islam opened the door to divorce. Outstrippingdivorce is a divorce three, one and two because divorce can refer (back) during thewife's still in that period. Divorce, as in the case of marriage, arranged in theliterature of Islamic law, including the source ie the Qur'an and the Sunnah of theProphet. In the study of jurisprudence from time to time also take the discussionsurrounding the divorce because divorce procedures not specified in detail in theQur'an and the Sunnah of the Prophet. While cases that occur are as varied andcomplex. Wedlock and divorce are also arranged in the legislation that was termedby positive law. The purpose of this study is to find out how divorce threeconditions according to classical jurisprudence and positive law in Indonesia. Themethod used in this study is the method of literature research (library research),which is studying the classical scriptures of the mu'tabar in four schools andlegislation on marriage and other resources related to do a comparison. The resultsshowed that there were some differences between the provisions of divorce threeclassic books of jurisprudence and positive law in Indonesia.]]>
