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
Articles
148 Documents
<![CDATA[Dampak Poligami terhadap Psikologis Anak ]]>
<![CDATA[Fajarwati]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[Polygamy is something very sensitive and most painful for women (wives) andchildren. Although Islam allows polygamy, it is difficult for them (wife and children)to accept. Why is that, because love and time will be divided. This paper examinesthe psychological impact of polygamy on children. There are several negative effectsof polygamy on children's psychological. Among them the child feels less loved, thebirth of hatred in the child against a father, the loss of self-confidence in the childand the child will experience trauma. Parents must realize that the growth anddevelopment of children is very important. Parents are responsible for their children.Parents must prioritize children's interests compared to their own interests. Allahwill hold us accountable for every action we (parents) do. If you are unable to actfairly, then don't polygamy]]>
<![CDATA[Analisi Hukum terhadap Jasa Makaler pada Usaha Jual Beli Sepeda Motor (Studi Kasus di Kecamatan Mutiara) ]]>
<![CDATA[Nurliza]]>;
<![CDATA[T. Sabirin]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This study aims to determine the practice of buying and selling vehicles using brokerage services as well as the view of Islamic law and positive law on brokerage services in buying and selling vehicles in Mutiara District. The research method used in the compilers of this thesis is a qualitative method, in obtaining data in the field the author uses several methods, namely using the library research method (library research), as well as the field research method (field research), namely by using interview, documentation, and observation techniques.. The results of the study indicate the calculation of brokerage services in marketing and its responsibility is to obtain a profit equal to each vehicle that is sold with a special calculation for the broker with Rp. 300.000, - from each vehicle sale, and the broker is responsible for promoting the goods if you want to make a profit. The calculation of brokerage services in marketing and its responsibility is to obtain a profit equal to each vehicle that is sold with a special calculation for the broker with Rp. 300.000, - from each vehicle sale, and the broker is responsible for promoting the goods if you want to make a profit. Brokerage services in buying and selling vehicles in Mutiara sub-district are in accordance with Islamic law and positive law as long as the broker and the owner of the goods or vehicle practice according to the agreement, for example, the vehicle owner gives the right to broker after obtaining the seller and according to the agreed agreement. So far, brokers in Mutiara District comply with positive laws because they carry out their jobs according to mandates.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Temuan ]]>
<![CDATA[Khairilina]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[In the current era of globalization, many human behaviors, especially teenagers, are leaving the corridors and regulations, both religious and state regulations. This can be seen from the large number of children born out of wedlock which are then discarded by the mother who gave birth to them to cover their disgrace or do not want to be responsible for their actions. However, apart from these immoral incidents, there are also other unwanted events which are the destiny of Allah as a calamity or disaster such as earthquakes and tsunamis. Of these two incidents, there were many sad events, including children who were abandoned, losing their parents and later being found by other people. In this regard, the content that will be discussed in this paper is about Legal Protection of Finding Children. What is the authority and involvement of the State, especially in Indonesia in terms of protection for these unfortunate children and what is the Islamic view of finding children. Whether it is related to the civil rights of children, the findings and procedures for obtaining their rights.]]>
<![CDATA[Peran DPR dalam Pengangkatan Duta Besar Setelah Amandemen UUD 1945 ]]>
<![CDATA[Mariana]]>;
<![CDATA[Ibrahim]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[The research objectives were to determine the role and power of the DPR in the appointment of the Indonesian Ambassador after the amendments to the 1945 Constitution, and to regulate the procedures for the appointment of the Indonesian ambassador. The research method used is literature study with the study of the Constitution, laws and regulations. DPR Standing Orders, literatures, the news letter, papers and results of studies on the problems studied, and data analysis using descriptive methods, namely researching current facts and reporting what will happen. Where the appointment of ambassadors is no longer the perfect prerogative of the President. One of the rights held by the DPR is the right to give consideration in the appointment of ambassadors and the acceptance of ambassadors from friendly countries. The DPR then gives consideration to each candidate for ambassador proposed by the government. Then the DPR, through the leadership of the council, delegates this power to the commission, in this case the commission in charge of the matter in question. Commission I, as the apparatus of the DPR in charge of foreign relations, subsequently this commission determines the agenda for the meeting which summons candidate ambassadors to conduct discussions by holding a General Hearing Meeting.]]>
<![CDATA[Analisis Hukum Terhadap Perlindungan Tenaga Kerja ]]>
<![CDATA[Muhammad Mahmud]]>;
<![CDATA[Rahmad]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This study aims to determine labor protection according to Islamic law and positive legal labor protection and the comparison of labor protection according to Islamic law and positive law. This research uses the library research method (library research), meaning that the collection of data or materials needed in writing this thesis comes from books, and review the documentation. Analysis of data using descriptive analysis, namely interpreting data that has been verified and declared in accordance with the research. The results showed that, Islam acknowledges the fact that property is jointly produced by labor and capital. Islam has established several rules to protect their rights. Comparison of labor protection according to Islamic law and positive law. Islam recognizes the fact that property is jointly produced by labor and capital. Therefore, the labor force has a position that is comparatively weaker than the employer, Islam has stipulated several rules to protect their rights whereas in positive law, protection of workers is intended to guarantee workers' rights and guarantee equal opportunity and treatment in the absence of any. discrimination against anything to realize the welfare of workers and their families while still paying attention to developments in the progress of the business world and the interests of entrepreneurs.]]>
<![CDATA[Konsep Keuntungan dalam Syirkah Al-Inan dari Perspektif Ekonomi Islam ]]>
<![CDATA[Musliadi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[The dissertation is about the study on the concept “profit in syirkah al-inan from the Islam Economic System Perspective.” In order to achieve the aboveobjectives the Writer has adopted the following methodology in his study:Gathering data/information from a number of libraries and institutions; Field study by studying data from Bank Rakyat to enhance the information needed. In addition the Writer uses the interview method.The interview method was used to conduct interview with the respondent who are directly involved with the topic of the study example the Manager and the Syariah executive in the aforesaid bank; andRelied on the Quran, Hadiths the opinion of the Ulamas whose opinion have been deeply engraved in the famous books and the study made by the current Islamic thinkers.Based on this study, the Writer was able to comprehend the concept of profit in syirkah al-Inanfrom the Islam economic perspective. The Writer found out, musyarakah orsyirkah is a form of cooperation between two people or more to undertake a business or activity which is motivated by profit.]]>
<![CDATA[Ingkar Janji dalam Praktik Pengalihan Utang ]]>
<![CDATA[Nufiar]]>;
<![CDATA[Nazaruddin]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This study aims to find out about broken promises in the practice of diversion which is reviewed according to Islamic law and law. The research method used is literature study by studying the Scriptures, the Constitution, the laws and regulations. And data analysis using descriptive methods, namely researching the facts that exist at the moment and reporting what will happen. The results show that breaking promises in the practice of debt transfer is bad behavior that can diminish trust and loyalty to someone, where Not being able to be on time in making debt payments even though when the debt was transferred has canceled it, but what happened is breaking promises in the practice of debt transfer according to Islamic law is not allowed because it is not in accordance with life. A positive legal review of debt transfers often has higher consequences than Islamic law because legally positive debt transfers are defined as an illegal act.]]>
<![CDATA[PREFERENSI LABA JUAL BELI DALAM EKONOMI ISLAM ]]>
<![CDATA[Rahmad]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[Buying and selling is part of the activities muamalah arranged in order of the Islamic legal system. Problems that are considered vital in the sale and purchase of which is about taking advantage. In particular, in Islam is not set what percentage of profits that may be taken, but the teachings of Islam emphasizes making profits in line with the guidance of Sharia, which gains on an item should be obtained in a manner that is ethical same pleasure pleasure and not oppress others]]>
<![CDATA[Patah Titie dalam Kewarisan ]]>
<![CDATA[Zul Azimi]]>;
<![CDATA[Desra Fanzudiah]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 15 No. 1 (2021): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[The problem in this study is how the practice of inheritance "patah titie" in Tangse District Pidie, how it impacts, and how the review of Islamic law on the practice. The method used in this study is qualitative method that uses observation, interview and documentation as data collection techniques. The results showed that the practice of "patah titie" that developed in tangse society often caused prejudice and inequality among the community. The impact that often arises as a result of the practice of "patah titie" is strife, strain until the breakup of family relationships. While the review of Islamic law shows that the practice of "patah titie" that applies among tangse people is basically not forbidden in Islam, because in Islamic law "patah titie", known as hijab andmahjub, it's just that people do not understand about it so as to cause problems. The author concludes that the practice of "patah titie" is in no way in violation of the rules of Islamic inheritance, because the problems and gaps that occur among the community is the result of the negligence of the community itself in understanding and studying the actual inheritance law recommended in Islam. The author's advice should give a small part of the inheritance to the heirs of the "patah titie" to protect and protect the family from disputes and disputes.]]>
<![CDATA[MAHAR SECARA BERHUTANG DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Fajarwati]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[Dowry is a dowry that must be given by a husband to his wife. This is contained in the Word of Allah SWT in the Qur'an Surah An-Nba 'verse 4. The purpose of the dowry is to strengthen relationships and foster affection and love. Islam does not limit the amount/level of dowry in a marriage. It is left to humans (women). A good wife is one who does not make the dowry difficult or expensive. Expensing the dowry is something that is hated by Islam, because it will complicate marital relations between fellow humans.]]>
