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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 149 Documents
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KEDUDUKAN FATWA ULAMA DALAM SISTEM HUKUM NASIONAL DI INDONESIA Rahmad, Rahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 2 (2024): 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.v18i2.245

Abstract

Islamic economics was born simultaneously with the birth of the teachings of Islam itself starting from the Prophet Muhammad SAW became an apostle. Economic activity in Islam is also considered as an activity that aims to serve oneself to Allah SWT. Therefore, its principles and characteristics are in line with the main guidelines of Muslims, namely the Qur'an and Hadith. The principles and characteristics of Islamic economics are formulated in such a way that the realization of happiness, peace, comfort and justice for economic actors without neglecting the right to develop themselves. The main goal of Islamic economics is to achieve Falah or the fulfillment of needs and the creation of prosperity so as to give birth to happiness in the world and happiness in the Hereafter.
Pembinaan Terhadap Terpidana Anak Pelaku Kekerasan Seksual di Lembaga Pembinaan Khusus Anak Lhoknga Mariana, Mariana
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 12 No. 2 (2018): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Law Number 12 of 1995 concerning Correctional Article 1 paragraph (5) states that prisoners assisted in prison are prisoners, correctional students and correctional clients. Article 2 states that the correctional system is carried out in the framework of establishing prisoners to become fully human, aware of mistakes, improve themselves, and not repeat crimes so that they can be accepted by the community, can actively play a role in development, and live naturally as citizens good and responsible. The guidance given at the Lhoknga Prison has not been maximized, because many of the prisoners who have left the Lhoknga Special Guidance Institute for Children have not changed, and still commit the same crime. Based on the research conducted, the results obtained from the coaching process are various activities, namely tausiah on Monday and Thursday marhaban training, recitation of the Qur'an, the Book, and healthy heart exercises. The obstacles that affect the implementation of prisoner coaching are the low level of knowledge and education of officers and the absence of professional staff, such as doctors, psychologists, nurses, clergy and religious counseling, and the absence of special child training or specifically for perpetrators of sexual violence. And to overcome the obstacles in the process of coaching, namely the existence of special institutions for children, especially in terms of sexual violence, providing special training in sexual violence against officers and recruiting officers with a minimum Diploma 2 (D2) education and professional staff, such as doctors, psychologists, nurses, clergy and if necessary religious counseling.
PENERAPAN SANKSI ADAT TERHADAP TINDAK LANJUT PIDANA PENCURIAN TERNAK: (Studi Kasus di Kecamatan Simpang Tiga) Safriadi, Safriadi
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This research aims to find out the form of customary sanctions against the perpetrators of cattle theft crimes and obstacles in the application of customary sanctions against the criminal follow-up of theft as well as the view of Islamic law towards the mechanism of the lifting of customary sanctions for the perpetrators of theft crimes in Simpang Tiga Sub-district. The method used in this study is a qualitative method in the collection of author data using library research methods and field research methods. The results showed that the form of customary sanctions against the perpetrators of the crime of theft of livestock in is to use customary law, and the provision of sanctions against the perpetrators of the crime of theft of livestock based on village deliberations with indigenous figures after the process of arresting the perpetrator of the theft of livestock is given advice, reprimand, perpetrators make apology statements to the victim, as well as compensate all losses from the theft. The obstacles in the application of customary sanctions against perpetrators of the criminal follow-up of cattle theft are the low understanding of the community towards indigenous law, the lack of understanding of the basic duties and functions, not the people who understand about the customary law, the absence of certain community groups who do not want to accept the ruling of customary law, and the lightness of customary sanctions against the perpetrators of theft crimes. The view of Islamic law towards the mechanism of sentencing of customary sanctions for perpetrators of minor theft crimes with the punishment of advice, reprimand, penalty of fines through deliberation and kinship is not contrary to Islamic law.
NAFKAH SUAMI FAKIR DALAM KONTEK KEKINIAN: (Kontribusi Mazhab Maliki) Aziz, Nasaiy; Suheri
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Fuqha' agreed to stipulate that the husband's living responsibilities in the family are adjusted to his ability and also released taanggung his responsibilities due to his fact. They differed in their views around whether the living was used as a debt to be paid when he could afford it. This paper specifically aims to know the Maliki sect's view of the husband's living responsibilities and their consequences and their relevance to the consctice ofkenianness. The Maliki sect is of the view, the husband's living is lost and does not become a debt to be paid when he is able and a new judge may divorce them based on the wife's lawsuit because of his fact. The opinion of the Maliki sect tends to be appropriate and relevant to the current kontek. In the sense of living the husband of the poor does not have to be a debt and the reality of society today does not burden the husband of the poor to spend it and also does not make the utaang to be paid when the husband can afford.
SISTEM PENGUPAHAN PEKERJA PADA USAHA KERUPUK MULIENG DI KABUPATEN PIDIE : (Analisis Perspektif Ekonomi Islam) Safwan
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This research aims to examine how the system of hired mulieng cracker business workers in Pidie Regency as well as the islamic economic review related to it. To that end, the author conducted interviews with mulieng cracker workers and entrepreneurs. The writing of this thesis uses a descriptive method of analysis, and the results of the data obtained are qualitatively analyzed. The results showed that the wage system for workers based on habits that have been in force since hereditary in the area, where employers provide workers wages ranging from Rp. 12,000 to 17000 per bamboo. The wage system applied by employers to their workers is not all in accordance with the wage system in the view of the Islamic economy, because it has not been able to meet the needs of their daily lives. Whereas Islam has regulated the wage system using three principles, namely the principle of justice, the principle of worthiness and the principle of virtue. Therefore, it can be concluded that the system of hired workers of mulieng cracker business workers has not fulfilled the principles of feasibility and virtue well. However, the authors suggest that the government continues to work to increase concern for mulieng cracker workers,especially arrangements on fair and adequate workers' wages, so as not to harm both employers and workers..
PENERAPAN SANKSI PIDANA ADAT BAGI PELAKU PENCURIAN MENURUT HUKUM ISLAM DAN POSITIF Khairilina
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Theft is one of the wrongdoings, which is strictly prohibited either by shari'ah, positive written law or unwritten customary law, because the act is detrimental to the lives of others. The purpose of this research is to look for answers to the main problem, namely how the customary law of Village in Aceh in solving theft, is the punishment of theft applied by Village traditional leaders in Indrajaya Pidie District in accordance with Islamic law. To answer these questions, the authors use the method of library research and field research through interview research techniques. The sample of the author's research is the village. The results showed that in the Villages in Indrajaya in resolving theft cases put forward traditional law. Settlement of theft disputes through deliberation, justice, promoting honesty, and not taking sides with either party. If the theft is committed by the children, the person responsible is the child's parents. If the theft is below the value of 1,000,000 (one million rupiahs), then it is resolved in the traditional village, which has various types of sanctions, whether in the form of advice, reprimands, compensation, statements of apology in front of the crowd at the Small Park or Mosque, ostracized by the village community, revocation of customary titles, as well as referrals. If the theft is above 10,000,000 (ten million rupiah), it will be taken to the police.
TADLIS DALAM JUAL BELI : (Ditinjau Menurut Hukum Islam) Syazali, Hasan
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Every person in maintaining his life a variety of activities carried out, one of which is very common activities they do is buying and selling. Sale and purchase contained in the community are very diverse in types, in the practice of buying and selling, each seller always puts forward the maximum profit, a variety of ways they do. One trait that is not praiseworthy about the seller is Tadlis. Tadlis is Hiding the defect of an item that one party (the seller) knows about, but does not inform the buyer. In trade the occurrence of exchange of interests as profit without doing unauthorized emphasis or acts of fraud against other groups. This is strictly prohibited in Islam because it contains an element of deception. Tadlis practice in buying and selling that occurs in the sale of goods does not explain in detail related to the condition of the goods, whether the goods are still good or not, besides that some buyers do not know the quality or quantity of goods, in the sale of fish/meat there is a mixing of fish/meat between qualities good and bad found in fish/meat piled up by traders as bad fish/meat is placed under fresh meat. Therefore, business practices carried out by someone by hiding information on buying and selling transactions (transactions that contain something that is not known by one party). Factors of occurrence of Tadlis in the sale of fish/meat in Pidie Market, Pidie Regency is profit factor, between sellers and buyers not doing khiyar during the sale and purchase transaction, there is no agreement between the seller and buyer, environmental factors, customs factors, economic factors, internal factors, and external factors.
MEMBANGUN KELUARGA YANG SEJAHTERA, DAMAI DAN BERTAKWA Fajarwati
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Every couple desires a prosperous, peaceful and godfearing home. Let a family create a household as the Prophet (peace and blessings of Allaah be upon him) suggested. With the creation of a household like this, every family member will feel happy, happy, safe, loving each other, looking after each other. Every family member is always called to go home, because the house is not just a shelter when it is raining and hot. But the house is a place of calming the restless heart, a place of family coaching and a place to cultivate inner bonds between its inhabitants. That way arranges the household so beautifully to please all the family members.
KEDUDUKAN ISTRI YANG DINIKAHI SECARA SIRI MENURUT HUKUM PERDATA DAN HUKUM ISLAM DALAM MEMPEROLEH HAK WARIS Izwany, Bonita; Syahputra, Muhammad Herry
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

The purpose of this research is to find out the rights and positions of married wives in series in obtaining inheritance, the rights of married wives in series according to the Civil Law and Islamic Law that apply mainly based on the perspective of Civil Law and Islamic Law, and the legal impact arising from siri marriage in obtaining inheritance. To obtain data in writing this thesis, literature research was conducted. The results of the study are known that the position of the married wife in series according to the provisions of Civil Law and Islamic Law in promo tinging the right of inheritance is weak. Both Civil Law and Islamic Law have similarities and differences between the two legal systems, especially regarding the rights of married wives in series. The negative impact of siri marriage is very influential for wife and son not to mention the impacts that will be inflicted in the long run. It is recommended to create a legal and administrative order, so that the couple who want to perform the marriage in accordance with the provisions of religion and the prevailing laws and regulations so that there are no problems that will arise in the future. to the government to vigorously socialize the benefits of marriage recording and the impact of siri marriage especially on wives and children.
MAQASID AL-SYARI’AH (AL-DHARURIYAT, AL-TAHSINIYAT, AL-HAJIYAT) Mahmud, Muhammad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 14 No. 2 (2020): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Maqashid al-syari'ah is al-ma'ani allati syuri'at laha al-ahkam (value content which is the purpose of law enforcement). Observing the three levels mentioned above, it can be said that for the level of daruriyyat, then in ushul fiqh it is categorized as amulet. At the hajiyyat level, it is categorized as rukhshah. Where as at the tahsiniyyat level, it is in the form of a complement which may contain elements of local customs (‘urf). The level of application of maqashid al-syari'ah in a legal provision is still based on the priority level which is considered standard. Unless it collides at the daruriyyat level, between maintaining religion at the first level and caring for the soul at the second level, then the form of solution can prioritize the safety of the soul. After the needs of dharuriyat and hajiyat are met, (by still prioritizing dharuriyat needs over hajiyat), then it is permissible to meet the needs of tahsiniyat, however, with the requirements, namely, if the primary and second needs are met without reducing the purpose of Allah and the servant.

Page 12 of 15 | Total Record : 149

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