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Contact Name
Nyak Mustakim
Contact Email
tahqiqastisalhilal@gmail.com
Phone
+6285260616107
Journal Mail Official
tahqiqastisalhilal@gmail.com
Editorial Address
Gedung A Kampus Al-Hilal Sigli. Jalan Lingkar Keniree, Kecamatan Pidie, Kabupaten Pidie, Aceh. Kode Pos. 24151
Location
Kab. pidie,
Aceh
INDONESIA
Tahqiqa: Jurnal Pemikiran Hukum Islam
ISSN : 19784945     EISSN : 28284372     DOI : -
Core Subject : Social,
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 149 Documents
TANGGUNG JAWAB ORANG TUA TERHADAP ANAK DALAM PERSPEKTIF HUKUM ISLAM Fajarwati Fajarwati
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 2 (2019): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Children are tests (trials). Allah Swt. said "verily your wealth and your children are only a trial (for you)." (Surat At-Taghabun: 15) And the word of God, "O you who believe, surely among your wives and your children there are enemies to you, so be careful of them and if you forgive and do not rebuke and forgive (they) then surely Allah Most Forgiving, Most Merciful. " (Surat AtTaghabun: 14). And Allah says: "treasures and children are the jewels of the world." (Surat al-Kahf: 46) Allah also said: "made beautiful in the (view) of man's love for what is desired, namely: women, children, wealth of many kinds of gold, silver, choice horses, livestock animals and rice fields. That is the pleasure of life on earth and in the sight of Allah is a good place to return (heaven). "(Surah Ali Imran: 14). Tests for children can arise from anywhere, including: God's gift of children can sometimes make a servant arrogant and not grateful for the blessings of God given to him. He is proud of his children, feels the highest of the people, arrogant and unjust. Then that will lead him to hell. Therefore, both parents must educate their children to obey Allah and make their growth in the pleasure of Allah. and parents should not be preoccupied by their children to disobey Allah and remember Allah. God has warned us not to be so busy with children that we forget to remember God. Allah says: "O you who rhyme, do not let your property and your children neglect you from remembering Allah. Whoever makes it that way, they are the losers. " (Surah Al Munafiqun: 9).
PRAKTIK PERSAINGAN BISNIS DALAM USAHA LAUNDRY : Studi Kasus di Kota Sigli Hamdiyah Hamdiyah
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 2 (2019): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to determine business competition in the Laundry business in the City of Sigli, what factors cause business competition in the Laundry business in the City of Sigli. Overview of Islamic law on business competition in the Laundry business in the City of Sigli. This type of research is field research using descriptive analysis method. The data collection using observation techniques, interviews, and documentation. The results of the study show that business competition in the laundry business occurs in marketing strategies and laundry wage prices, marketing strategies promoting sales of services by distributing brochures, and using a laundry shuttle system, as well as providing low prices to regular customers. The price of Wangi laudry wages Rp 5,000 per Kilogram. Factors that cause business competition in the laundry laundry business are economic factors, willingness factors or the desire to obtain large profits, by a lack of knowledge of religious knowledge. The review of Islamic law on Laundry business competition, is not in accordance with Islamic law due to differences in the prices of fellow laundry, the price is set below the standard price. This causes other people to suffer losses, tyranny, and cause elements of irrelevance on both sides. Therefore it is expected that laundry businesses can compete fairly with fellow laudry businesses, and not set prices below the standard price.
KEDUDUKAN APARATUR SIPIL NEGARA WANITA SEBAGAI ISTERI KEDUA DALAM PERKAWINAN MENURUT HUKUM ISLAM DAN POSITIF Khairilina Khairilina
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 2 (2019): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Arrangements regarding marriages for Civil Servants (PNS), in addition to being subject to Law Number 1 of 1974 concerning Marriage, must also comply with marital conditions regulated in Government Regulation Number 10 of 1983 concerning Marriage Licenses and Divorce for Civil Servants. Implicitly in Article 10 of Government Regulation Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants, it is permissible for a husband (having the status of a civil servant) to marry more than one. But in Government Regulation No. 10 of 1983 jo. Government Regulation Number 45 of 1990 concerning Amendment to Government Regulation Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants, especially in Article 4 paragraph (2), forbids a woman from being a Civil Servant to become the second / third / fourth wife, which is not stipulated in Law Number 1 of 1974 concerning Marriage. When making this policy, it was seen that the government's goal was to prevent a woman civil servant from having a harmonious domestic life, because there was a strong suspicion that if she became the second / third / fourth wife she would experience some complex household problems besides her husband and several other wives, who can cause obligations as servants of the state will be disrupted.PP No.45 of 1990 concerning civil service marriage licenses. Regarding polygamy, a woman who is a civil servant is prohibited from becoming a second wife. This is regulated in article 4 paragraph (2), if it violates the sanctions the dismissal is not respectfully as a civil servant (dismissal). But if a male civil servant wants to get married a second time and so on, it is not an important issue that he can fulfill the applicable provisions. Even if he is desperate to remarry even though the sanction is not permitted, it is only one of the most severe disciplinary penalties, in the indirect sense fired.
PENETAPAN HARGA PENJUALAN GAS LPG BERSUBSIDI DI KECAMATAN MUTIARA DITINJAU MENURUT HUKUM ISLAM Mariana Mariana
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 2 (2019): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to determine the pricing of subsidized LPG gas sales in the Mutiara District and how Islamic law views. This research uses descriptive analysis method, using observation, interview, and documentation techniques. The results of the study show the sale of subsidized LPG gas in Mutiara District at the base although it has made a profit from the price set but there is also a base still selling above the HET (Highest Retail Price) and prioritizing gas supply to retail traders and prices at retail traders even higher so that people are forced to buy because of household needs even though the price is expensive. Islamic law allows the determination of the price of 3 kg LPG gas for the achievement of benefits, but in reality, this has not been fully realized in its implementation. Therefore, it is hoped that the base will be able to comply with government regulations on the sale of subsidized LPG gas and to the government to tighten supervision on this matter.
TERMINOLOGI KORUPSI MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Syarbaini, Ahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): 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.v18i1.205

Abstract

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".
KHULU’; PENYEIMBANG OTORITAS (INISIASI) CERAI DALAM SURAH AL-BAQARAH AYAT 229 Aldin, Alfattiah; Izwany, Bonita
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): 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.v18i1.206

Abstract

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.
NIKAH BEDA AGAMA DI INDONESIA: STUDI KOMPARASI HUKUM ISLAM DAN HUKUM NASIONAL Amiruddin, Amiruddin
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): 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.v18i1.207

Abstract

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.
PEMBINAAN TERHADAP NARAPIDANA RESIDIVIS TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA : (SUATU PENELITIAN DI RUTAN KELAS IIB TAPAKTUAN) Arifa, Ridha Nur
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): 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.v18i1.208

Abstract

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.
MOTIVASI DALAM ISLAM Azimi, Zul
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): 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.v18i1.209

Abstract

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.
MANAJEMEN ZAKAT: MASA NABI MUHAMMAD SAW DAN SAHABAT KHULLAFAURRASYIDIN Rahmad, Rahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): 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.v18i1.211

Abstract

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

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