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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148 Documents
<![CDATA[PENGELOLAAN DANA PENGEMBANGAN USAHA AGRIBISNIS PERDESAAN (PUAP) ]]>
<![CDATA[Mustajab, Muhammad]]>;
<![CDATA[Izzati, Cut Rahmi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 18 No. 2 (2024): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This research aims to find out the procedures for managing Rural Agribusiness Development (PUAP) funds, the obstacles in managing them and a review of Islamic law related to managing these funds. The research method used is a qualitative method. This type of research is field research using data collection techniques through observation, interviews and documentation review. The results of the research show that the Rural Agribusiness Development (PUAP) funds are managed by lending a certain amount of funds to farmer groups who are members of the PUAP group which are used for their farming needs to buy fertilizer, seeds and so on. The payment is more as a service of 10% of the loan principal as regulated in the PUAP provisions. In the management process, there were several obstacles faced by the administrators, including that there were some borrowers who did not pay on time, which made the cash condition of PUAP funds become congested and financial turnover became a little slow. And ultimately finances become limited and make farmers who have large areas of land unable to take out loans according to the size of their land. As well as crop failures which make farmers who take out loans unable to pay off their loans. Islamic law perspective, its management is still not in accordance with Islamic law.]]>
<![CDATA[MENDALAMI KONSEP NUSYUZ DAN SYIQAQ DALAM PERSPEKTIF HUKUM ISLAM: SEBAB, DAMPAK, DAN SOLUSI ]]>
<![CDATA[Masri, Masri]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[Nusyuz and syiqaq are two essential concepts in Islamic law related to the dynamics of marital conflict. This article aims to delve into the meanings, causes, impacts, and solutions surrounding these two issues. From an Islamic perspective, nusyuz refers to the disobedience of either party, whether the wife or husband, in fulfilling their marital obligations, while syiqaq refers to disputes that can lead to the breakdown of the household. Using a descriptive-analytical approach, this article examines relevant verses of the Qur'an, hadiths, and scholarly opinions on nusyuz and syiqaq. It is hoped that this article will contribute to understanding and promoting preventive and solution-oriented efforts to maintain harmony within marriage.]]>
<![CDATA[PENUNDAAN PEMBAGIAN WARISAN: DAMPAK HUKUM DAN SOLUSI PENYELESAIANNYA ]]>
<![CDATA[Harahap, Taufik Hidayat]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah 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.]]>
<![CDATA[TRANSFORMASI HARTA WAKAF: MEWUJUDKAN KEMAKMURAN MASJID MELALUI PENDEKATAN MASLAHAH ]]>
<![CDATA[Harahap, Taufik Hidayat]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 18 No. 2 (2024): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This study aims to understand the methods of popularizing waqf in Pidie Regency and analyze the practice of material waqf for mosque construction according to Islamic law. The research also identifies effective waqf socialization methods and explores whether construction materials such as cement and bricks can be accepted as waqf objects under Islamic law. The study was conducted at mosques in Pidie Regency, using a qualitative descriptive research method. Data collection techniques include observation, interviews, and documentation, with data analysis using a juridical-sociological approach. The results of the study show that the management of waqf assets in Pidie Regency is in accordance with Islamic principles and government regulations. However, there are still challenges related to administrative transparency and public involvement in deliberations. To improve management, training for nazir, strengthening the administrative system, and increasing government involvement in supervision are necessary. The productive use of waqf assets is expected to enhance community welfare and the prosperity of mosques, providing sustainable benefits in line with the Islamic principle of continuous charity (sadaqah jariyah).]]>
<![CDATA[ANALISIS PENERAPAN PRINSIP KEADILAN DALAM HUKUM WARIS ISLAM DAN IMPLEMENTASINYA DI MASYARAKAT ]]>
<![CDATA[Harahap, Taufik Hidayat]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This study aims to analyze the application of the principle of justice in Islamic inheritance law and its implementation in the distribution of inheritance assets in society. Islamic inheritance law stipulates that the distribution of inheritance should be based on the rights and responsibilities of each heir, but the public's understanding of this principle is still limited. Many individuals assume that justice in inheritance distribution means equal shares, without considering the differing responsibilities between men and women, such as the obligation of men to provide for their families. This research uses a qualitative approach with library research and case study methods. The library research involves gathering literature on Islamic inheritance law, while the case study involves observing inheritance distribution practices in society. The findings of the study indicate that inheritance distribution practices often do not align with the principles of Islamic inheritance law, mainly because communities tend to follow customary laws or family traditions. This can lead to injustice and conflicts among heirs. Therefore, this research emphasizes the importance of wider socialization and education on Islamic inheritance law so that the public can understand and apply it correctly. With better understanding, it is hoped that inheritance distribution can be carried out justly and harmoniously, in accordance with the principle of justice in Islam.]]>
<![CDATA[Kajian Hukum Islam tentang Wakaf Material dalam Pembangunan Masjid di Kabupaten Pidie ]]>
<![CDATA[Zul Azimi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 19 No. 1 (2025): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v19i1.247
<![CDATA[This study aims to examine the culture of waqf among the community in Pidie Regency and to explore the practice of material waqf for mosque construction from the perspective of Islamic law. The research employed a qualitative method with a field study approach, where data were collected through interviews and observations. The findings reveal that waqf plays an important role as a social and economic instrument in Pidie, with the community actively contributing through productive and material waqf, especially for mosque construction. Despite challenges regarding the legal status of material waqf objects in Islamic law, the community continues to participate actively. Movable waqf assets, including cash waqf, are recognized for their greater flexibility and significant social and economic benefits. However, issues related to waqf management and the competence of waqf trustees (nadzir) remain concerns that need to be addressed through education and professional management.]]>
<![CDATA[PENGALIHAN HARTA GONO GINI OLEH SATU PIHAK (PERSPEKTIF HUKUM ISLAM) ]]>
<![CDATA[Fajarwati]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 19 No. 1 (2025): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v19i1.248
<![CDATA[Joint assets (gono gini) are assets obtained by the husband and wife during the marriage. The assets obtained during the marriage will become one unit, so that when a divorce occurs, the joint assets (gono gini) will be divided into 2 (two), namely ½ (one half) for ex-husband and ½ (one half) for ex-wife. The legal basis for joint property (gono gini), namely: Article 35 paragraph (1) of the Marriage Law. Joint assets (gono gini) cannot be transferred/sold or mortgaged (secured) to another party, unless there is mutual agreement between the husband and wife. This is regulated in Article 36 paragraph (1) of the Marriage Law: "Regarding joint property, a husband or wife can act with the consent of both parties." And Article 92 of the Compilation of Islamic Law (KHI): "A husband or wife is not permitted to sell or transfer joint property without the consent of the other party."]]>
<![CDATA[JARIMAH KORUPSI SEBAGAI KEJAHATAN LUAR BIASA ]]>
<![CDATA[Syarbaini, Ahmad]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 19 No. 1 (2025): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v19i1.269
<![CDATA[Corruption comes from the Latin words corruptio and corruptus which means to bribe and corrumpere means to destroy. Corruption is included in the jarîmah, corruption in Indonesian law is: "Unlawfully committing acts of enriching oneself or another person or a corporation which can harm state finances or the state economy", the 'uqūbat is ta'zîr which is returned to Waliyul Amri ".. Meanwhile, terms that are close to corruption in Islamic studies are: "ghulūl, ikhtilâs, risywah and al-fasad and". Meanwhile, corruption according to Islamic criminal law is more about facades. The following are several reasons why corruption is considered an extraordinary crime: First; Corruption causes large and widespread damage, secondly; corruption is a systemic crime, third; corruption violates human rights, fourth; Corruption perpetrators will be punished severely, fifth; Corruption threatens world order.]]>
<![CDATA[Prohibition of Alms Distribution to Ahl al-Bayt: (Study of Asbābu Wurūd Al-Hadīth and Its Implications for Islamic Maqasid) ]]>
<![CDATA[Furqan Ar-Rasyid]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 19 No. 1 (2025): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v19i1.274
<![CDATA[One of the objectives of Zakat recitation is the creation of Islamic social justice. Zakat which is intended for the senifs is considered as a solution to overcome the burden of the poor and also as a form of caring for others. The reality that we face is that there are Muslims in general and from the Sayid and Syarifah groups in particular who have not enjoyed the sharia maqāsid and the wisdom of sharia zakat distribution evenly, even though among them there are poor and even needy. The problem lies in the prohibition of receiving zakat because they are descendants of the Prophet Muhammad (Ahl al-Bayt) who are not allowed to accept any property except gifts, even though there are those who live in need and are juxtaposed with the same position as the needy or poor. This study aims: First, to describe and explain the Ahl al-Bayt referred to by presenting several meanings according to Fuqahā, including raising and analyzing several hadiths that prohibit the distribution of zakat to them; both in terms of Asbābu al-Wurūd and the socio-historical society of Medina at that time. Next compare with some verses of the Quran that explains the provisions and priorities of the distribution of Zakat to the Poor and Poor. Second, finding an adequate explanation of the Asbāb Musabbab prohibition, the third looks at the presence or absence of opportunities for the use of Zakat by them today because of their poverty or poverty, so that the purpose of Zakat reconciliation itself can be felt by the poor in a fair and equitable manner without any looking at any status. This research uses the tahlīlī method, by conducting a study of the prophetic hadith along with the analysis of the context of the verse and a coherent hadith combined with some references and views of the ulamā and its application in the present context]]>
<![CDATA[HAK WARIS KHUNTSA MUSYKIL DAN METODE PENYELESAIANNYA ]]>
<![CDATA[Amri, Amsanul]]>;
<![CDATA[Ajirna, Cut]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 19 No. 1 (2025): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v19i1.275
<![CDATA[Islamic inheritance law is regulated according to qath'i wurudz and dalalah. This legal certainty of inheritance covers who has the right to be an heir, who is covered by the hijab, up to the amount of shares received. Even so, the inheritance law of abstruse khuntsa is a complicated issue in determining gender, which in turn of course also influences the portion of the inheritance that is received later. The purpose of this research is to determine the inheritance law of abstruse khuntsa and the method for solving it. This research uses a descriptive analysis method with a qualitative research type with normative juridical research characteristics, considering that this research is legal research. The results of the research identified that abstruse khuntsa are people who have multiple genitals or none at all. As for the method of resolution, there are differences of opinion among scholars. Some scholars give inheritance rights to the smallest of two choices when they are considered male and female. The opinion of other scholars gives half of the accumulation he is considered to be men and women]]>
