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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. 9 No. 1 (2015): Januari" : 8 Documents clear
OTORITAS LEMBAGA ADAT DALAM MENEGAKKAN SYARI’AT ISLAM DI ACEH Burhanuddin Banta Cut
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.138

Abstract

Implementation of Shari'a in Aceh is inseparable from the role oftraditional institutions that exist at various levels of the community. Suchinstitutions as long as it has a fairly broad authority for the implementation of thelaws of the various problems faced by the people of Aceh. The laws in forcebefore the implementation of Islamic Shariah approved in many ways refers to thelaw that formed in the community since the time that has past. The laws areimplemented by institutions that are recognized by the community as a sourcereference implementation of the law in various problems faced by localcommunities.
ASAS KESEIMBANGAN TRANSAKSI DALAM HUKUM TRANSAKSI SYARIAH Husaini Husaini
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.139

Abstract

The principle of balance (Mabda 'at-tawazun fi al-mu'awadhah) althoughin fact a rare balance between the parties in the transaction, but the Islamiccontract law remains stressed the need to balance it, a good balance between whatis given and what is received and the balance in bear the risk. The principle ofbalance in the transaction (between what is given with what is received) isreflected in the cancellation of a contract that is experiencing imbalances strikingachievement. The principle of balance in bearing the risk of the transaction isreflected in the prohibition against usury, in which the concept of riba onlydebtors who bear all risks of loss of business, while creditors are free at all andshould receive a certain percentage of their funds even when experiencingnegative returns.
AKUNTANSI QARDH Khaidir Khaidir
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.140

Abstract

In addition, based on the Qur'an and the Hadith, the consensus of Islamic scholarshave also agreed that qardh can do. The agreement is based on human naturescholar who can not live without the help and support of his brother. No one haseverything that he needs. Therefore, borrowing has become a part of life in thisworld. And Islam is a religion that is concerned about all the needs of hiscommunity.
STATUS HARTA BERSAMA DALAM KELUARGA MENURUT HUKUM POSITIF M. Akbar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.141

Abstract

Results of the study on the topic of discussion in this paper, would like tosee on the legal provisions of the property acquired and owned by a family,whether such property during the status of husband and wife within the bonds ofmarriage and the status of their property after divorce. From the research status inthe family property, known as joint property, in addition to joint property there isalso an innate property respectively, of such property acquired before theirmarriage ceremony. The legal status of the property together before they divorcedcan only be defined as confiscation only for the sake of the family, and theproperty can still be bought and sold with the permission of the Religious Court.In the case of the occurrence of divorce between spouses, the status of jointproperty under the provisions of the law should be separated between the privateproperty of each and belong together. After separation of the property, thenbelonging to the joint property, distributed to the parties, which each earn half ofthe joint property, the division either consensus or division by the local religiouscourt.
PELAKSANAAN KEBIJAKAN PARIWISATA PEMERINTAH KOTA SABANG DALAM PERSPEKTIF SYARIAT ISLAM Muhammad Irham
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.142

Abstract

The other side implementation of Islamic law in Aceh is a strategic effortin formulating aspects of tourism as one of the mainstays in the developmentpolicy of the Islamic acehnese society today and in the future. Has not found aformula that is systematic, comprehensive, and practical implementation oftourism policies in general Aceh and Sabang in particular based on themethodological framework, the principles and values of authentic islamicteachings and integrative. In its manifestation, the implementation of tourismpolicies within the framework of Islamic law in Aceh has not arranged in aconcept that is complementary and integrated effectively and dynamically. Itrequired a breakthrough in realizing the concept of Islamic tourism policy "Acehtypical" that are responsive to the times of modern-contemporary today.
QANUN: TATA CARA PEMBUATAN QANUN: Catatan Terhadap Praktek Pebuatan Qanun Aceh Nufiar Nufiar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.143

Abstract

Aceh Qanun an-level regulation Regulation (Regional Regulation) theformulation mechanism should refer to the Act No. 10, 2004. The preparation ofAceh qanun formed on the initiative of the executive or provincial parliament (thePeople's Consultative Council Aceh) were subsequently passed along between theGovernment and the provincial parliament. A rule of law or the regulation levelmust have principles which include: Clarity of purpose, institutional or formingorgans proper, the correspondence between the type and substance, can beimplemented, efficient and effective, formulation clarity and openness. To achievethis purpose the regulation must be made by experts with communityinvolvement. Community involvement is intended as a form of participation of thepublic space in the form of community participation. One form of publicinvolvement is loading qanun draft in the media to accommodate inputs thatreceive input from the community at large.
TRADISI PEUCICAP DITINJAU MENURUT HUKUM ISLAM Sulaiman M. Thalib
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.144

Abstract

No exaggeration to say that the indigenous Aceh synonymous with Islamictradition. Because of the majority of the Acehnese people embraced Islam andAceh is the gateway entry of Islam to Indonesia, so that customs and trdisi societyinfluenced by the values of Islam are condensed. The purpose of this study was toinvestigate the implementation Peucicap ceremony in Aceh society traditionamong indigenous (local culture) and the Sunnah of the Prophet Muhammad whois the source of Islamic law. The method used in this study is a research methodliterature to collect data and information from books, magazines, manuscripts,notes, historical accounts, documents, etc., kususnya relating to peucicap and stuffAnother related. After doing research, it can be concluded that the CeremonyPeucicap in the tradition of the people of Aceh source is the Sunnah of theProphet Muhammad called tahnik, but has been assimilated into the local cultureresulting in the development, additions and adjustments are quite varied but didnot violate Islamic law which can damage theology, Shari'ah and Islamicmorality.
EKSISTENSI LEMBAGA MUKIM DALAM PENERAPAN SYARI’AT ISLAM DI ACEH Zul Azimi
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): 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.v9i1.145

Abstract

Mukim Institution has contributed greatly in coloring people's lives Acehto implement Islamic law. This institution has existed since before independenceand after independence. The existence of Mukim Institution has undergone variouschanges in policy. One of the policies of the board remove Kav occurred duringthe New Order. As for the causes, because the rules are applied. No. 5 of 1979 onVillage Government. The aim is to standardize the rules across the form andstructure of local institutions with national pattern for the realization of Pancasilademocracy. As a result, all local institutions in areas of Indonesia does not work,including the Mukim Institution in Aceh. While existing rules, but the existence ofinstitutions Kav still get a special place in the hearts of the people. The proof canbe seen in the inclusion of sub-district in the affairs of society, both in landdisputes, domestic conflict, as well as a violation of Islamic law. Many issues canbe resolved Reuters facilitated with dignity. On this basis, the government agencyReuters revitalized by applying Qanun No. 4 of 2003 concerning the Governmentof Mukim. The Canon authorizes the agency Mukim to apply Islamic law,preserving the customs and duty of the government. At this time the board had aminimal role in Pidie District. As a result, the increasing violations of Islamic law,the implementation of the teachings of Islam began to decline and customs beginto disappear. documentation. Factors causing the increase in violations of Islamiclaw in Aceh because the agency Mukim less participate. To restore the dignity ofthis institution should get serious attention from the government of Pidie andAceh. Revitalization strategy will be realized by giving full authority,socialization qanun, enabling all devices work and provide facilities to the agencyMukim.

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