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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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WANITA KARIR PERSPEKTIF HUKUM ISLAM SERTA IMPLIKASINYA (STUDI KASUS DI KECAMATAN MUTIARA) Aldin, Alfattiah; Windari, Silmi
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 19 No. 1 (2025): 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.v19i1.276

Abstract

This research aims to determine the perspective of Islamic law regarding career women. To find out the position of career women in Islamic law and the impact of career women who work outside the home in Mutiara District. The research method used is qualitative descriptive research. The results of this research show that (1) Career women from an Islamic perspective are viewed from their position as creatures, that Islam gives women a proper position and degree as well as the same status as men in their capacity as servants of God. Islam does not prohibit women or wives from working, as long as they do not neglect their main obligations. Islam recommends that women who work outside the home obtain permission from their husbands, because the husband's approval for career women is the main requirement. (2) The impact of women working outside the home can be seen from two sides, namely from the negative side and the positive side. The negative impact is reduced social interaction, reduced time with family. The positive impacts include, by working, she will gain more knowledge and relationships, provide knowledge to the community and from an economic perspective it will greatly lighten her husband's burden.
FIQIH MUAMALAH DAN FIQIH LINGKUNGAN DALAM MENJAWAB TANTANGAN EKONOMI DIGITAL DAN PELESTARIAN ALAM Rahmad, Rahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 19 No. 1 (2025): 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.v19i1.282

Abstract

The development of the digital economy provides opportunities and challenges in the context of muamalah fiqh and environmental preservation. This research aims to explore the contribution of muamalah fiqh in facing the dynamics of the digital economy and supporting nature conservation. Using a qualitative approach based on literature study, analysis was carried out on the relationship between the principles of muamalah fiqh and digital economic and environmental issues. The results show that muamalah fiqh provides ethical guidance in digital transactions and encourages ecological responsibility through the principles of maqashid sharia.
KEDUDUKAN HUKUM ANAK DARI HASIL PERNIKAHAN SIRRI DAN IMPLIKASINYA TERHADAP HAK KEPERDATAAN Yusriadi, Yusriadi; Mutiani, Santi
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 19 No. 1 (2025): 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.v19i1.283

Abstract

This study aims to determine the legal position of children from the results of sirri marriage and its implications for civil rights. This researchers uses descriptive methods with data collection techniques through observation, interviews and documentation. The results of the study indicate that the practice of nikah sirri is very widespread in society so that it is caused by several factors such as economic factors, the desire of children to marry underage, avoid adultery and the lack of public understanding of the practice of sirri marriage itself. The position of children from sirri marriage is treated very well like children in general, namely getting a living, there is no difference in the provision of rights and obligations from parents, as well as the love of both parents. The civil rights of children from sirri marriage according to Islamic law, are in accordance with the provisions of Islamic law, because children of sirri marriage are treated like other children, while according to positive law the civil rights of children of sirri marriage are not obtained as fully as other children in general, because the sirri marriage conducted by both parents is not recorded in the official document of the country.
ANALISIS PERLINDUNGAN HUKUM TERHADAP DEBITUR GADAI EMAS DI ACEH Nansadiqa, Lisa
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 19 No. 1 (2025): 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.v19i1.284

Abstract

This research was conducted to analyze and see how the law complies with the concept of gold pawn financing at bank syariah Indonesia Region l Aceh. In the statutory regulations,the sales process and remaining sales of gold pawn financing collateral objects as well as form of legal protection for gold pawn debtors at bank syariah indonesia Region l Aceh when the price of gold decreases at the time of execution of the pawn object. The analytical method used in this research is empirical normative research, using a statutory approach and a conceptual approach and qualitative analysis. The results of this research indicate that the implementation of the gold pawn financing law at Bank syariah Indonesia is in accordance with the Fatwa of the National Sharia Council of the Indonesian Ulema Council Number 26/DSN-MUI/III/2002 concerning Gold Rahn and the DSN MUI Fatwa Number 25/DSN MUI/III/2002 Concerning Rahn; the practice of pledging gold at Bank Syariah Indonesia in Region I Aceh is carried out based on the standard Operating Procedures applicable to the bank with are then listed on the Gold Pawn Proof Letter (SBGE). However, regarding the method of selling gold pawned objects in BSI Region I Aceh, it is not in accordance with the DSN MUI Fatwa, where the practice of selling pawned objects in BSI Region I Aceh is carried out through sales to gold shops, while the DSN MUI Fatwa regulates the process of selling pawned objects through an auction process. Sharia however, it does not directly violate elements of sharia because it does not violate either.
KETAHANAN KELUARGA SEBAGAI FONDASI MASYARAKAT SEJAHTERA Fazil , Muhammad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 19 No. 1 (2025): 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.v19i1.285

Abstract

Family is the smallest unit of society that plays a strategic role in creating a prosperous civilization. Family resilience becomes an important foundation for the stability and harmony of society. This research aims to explore the four main pillars in strengthening family resilience, namely piety, patience, affection, and adequate livelihood, as well as to identify the main factors triggering divorce, such as early marriage, the presence of a third party, poverty, and lack of religious knowledge. These four pillars serve as guidelines for building a harmonious, stable, and religious family relationship. Taqwa strengthens the family's spiritual connection, patience serves as a foundation in facing conflicts, affection creates strong emotional bonds, and adequate livelihood ensures material well-being. On the other hand, the factors triggering divorce often stem from emotional unpreparedness, economic pressure, and a lack of religious understanding. This research provides practical solutions to address these challenges, including through premarital education, skills training, and enhancing religious understanding within the family. By implementing these strategies, it is hoped that families can become strong bastions that support the creation of a harmonious and prosperous society. In conclusion, family resilience is the key to social sustainability and stability.
PANDANGAN ULAMA KONTEMPORER DAN MAJELIS PERMUSYAWARATAN ULAMA KABUPATEN PIDIE TERHADAP ZAKAT INVESTASI PROPERTI Mustajab, Muhammad; Zahara, Cut Naza
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to determine the criteria for property investment zakat in the view of Fiqh, the opinions of Contemporary Ulama on property investment zakat and the views of the MPU of Pidie Regency on property investment zakat. This type of research is field research using descriptive analysis methods. Data collection uses observation, interview, and documentation techniques. The results of the study indicate that the criteria for property investment zakat in the view of fiqh are houses if rented for rental or boarding houses. Hotels and properties that are rented Vehicles such as car rentals, buses, boats, ships, trucks and even airplanes. Factories and industries that produce goods such as rice mills and so on. The opinion of Contemporary Ulama on Property Investment Zakat is mandatory, the system for determining property investment zakat (al-mustaghallat) is to determine the end of the current zakat year (haul), the nisab of zakat on assets is worth 85 grams of 21 carat gold calculated based on the mandatory market price. The amount of property zakat is 2.5% for haul. The view of the MPU of Pidie Regency. Pidie regarding property investment zakat is categorized as income zakat, but property investment zakat is not required to be paid by the community, because generally the Pidie community adheres to the Shafi'i school of thought. According to the Shafi'i school of thought, there is no text of the Qur'an or hadith that stipulates paying property investment zakat.
DISKRESI POLISI DALAM PENANGANAN TINDAK PIDANA PENCURIAN: Studi Kasus di Wilayah Hukum Polsek Pidie Izwany, Bonita; Diana, Ema
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to find out about police discretion in handling theft crimes (case study in the jurisdiction of the Pidie Police). The research method used in compiling this thesis is a qualitative method to obtain data in the field, the author uses the Library research method (library research) and field research (field research), namely by using observation, interview, and documentation techniques. The results of the study indicate that the Police's efforts in the form of preventing theft crimes by providing protection to the public so as not to become victims of other thefts and the Mechanism taken by the police in resolving the problem of theft against reports received by the police is the first by visiting the Crime Scene (TKP), examining the victim and witnesses or the Examination Report (BAP). 2. The obstacles faced by the police chief in resolving the existing problems are inadequate facilities and infrastructure, disconnected information networks, lack of evidence and witnesses, apathetic society, inadequate supporting facilities at the crime scene. The role of the police in handling cases of minor theft is based on the memorandum of understanding between the court, the prosecutor's office and the police which normatively states that if the stolen amount is less than two million five hundred thousand rupiah, it will be resolved in the village or from the police chief's program, namely restorative justice, if more than two million five hundred thousand rupiah is taken, it must be resolved in court, and if someone reports this minor theft crime, we will still process it by calling the suspects and victims or giving customary sanctions.
DINAMIKA HUKUM KELUARGA ISLAM DI INDONESIA: ANTARA TRADISI, SYARIAH, DAN HUKUM POSITIF Ilyas, Sufyan
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 18 No. 1 (2024): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study adopts a qualitative approach to explore and analyze the dynamics of Islamic family law in Indonesia, focusing on the interaction between tradition, Sharia, and positive law. The qualitative approach allows the researcher to delve deeply into the phenomena occurring on the ground, as well as understand the socio-cultural context that influences the implementation of Islamic family law in Indonesian society. The study aims to uncover the perspectives of society, legal practitioners, and scholars regarding the application of Sharia principles in family law cases such as marriage, divorce, and inheritance, as well as the role of positive law in handling family disputes that intersect with Islamic law. Data collection involves in-depth interviews with Sharia law experts, religious court practitioners, and individuals directly involved in Islamic family law practices. Additionally, participatory observation is conducted to comprehend the interaction between the parties involved in family law cases, as well as how religious courts handle family law matters. Relevant legal documents, such as the Compilation of Islamic Law (KHI), fatwas from the Indonesian Ulema Council (MUI), and court decisions related to family disputes, are also analyzed to understand how positive law in Indonesia reflects Sharia values in handling family law cases and how the integration of both legal systems can be improved to achieve justice in alignment with religious and cultural values.
PERAN TOKOH AGAMA DALAM PEMBERANTASAN NARKOBA Mustajab, Muhammad; Handayani, Putri
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to determine the efforts of religious leaders of Pidie Regency in eradicating drugs, as well as to find out the obstacles faced by religious leaders of Pidie Regency in eradicating drugs. This research method uses descriptive analysis method, the method of data collection is library research and field research. Researchers conducted research using question instruments in the form of observations, interviews, and review of documentation. The results of this study are the efforts of religious leaders in eradicating drugs in Pidie Regency, namely religious leaders must work together and together to eradicate drugs, convey the dangers of drugs to the community through da'wah, pulpit sermons, lectures, discussions both with the government and with the community at In both informal and official meetings, religious leaders together with imum syik in the village area also play a role in formulating the gampong pageu (gampong qanun), the aim of which is to maintain order and environmental security. The obstacles faced by religious leaders in Pidie Regency in eradicating drugs are, religious leaders have limited information and facilities, lack of attention from community support, regional leaders or community leaders in all regions.
STUDI KOMPARATIF DELIK PENISTAAN AGAMA DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Izwany, Bonita; Firdaus, Firdaus
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to explain the sanctions for religious blasphemy according to Islamic law and positive law. Indonesia is a country that guarantees freedom of religion for everyone as stated in Article 28 letter E of the 1945 Constitution of the Republic of Indonesia. In this case, the Qur'an prohibits everyone from insulting other people's religions, as contained in surah al-An'am verse 108. So this writing can provide an explanation of the sanctions for blasphemy in Islam and positive law. The results of the research show that the offense of blasphemy in jinayah fiqh has clearer legal regulations and stricter sanctions. Meanwhile, the offense of religious blasphemy in the Criminal Code has an unclear formulation and sanctions that do not have a deterrent effect on perpetrators of religious blasphemy. Jumhur Ulama agrees that if the perpetrator is a Muslim or infidel, then the law for that person is apostasy and is punishable by death. However, Ulama differ in their opinions regarding the law imposed if the perpetrator is a dhimmi infidel.

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