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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 148 Documents
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KONSEP KORUPSI MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Ahmad Syarbaini
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Corruption comes from the Latin coruptio and corruptuswhich means to bribe and corrumpere which means todestroy. Corruption is included in jarîmah. Jarîmah is:"Prohibitions of syara', namely; Threats with 'uqūbat hador ta'zir". Ta'zir is: "'uqūbat determined by theauthorities in order to refuse thinning and preventcrime". Corruption in Indonesian law is: "Unlawfullycommitting acts of enriching oneself or another person ora corporation that can harm state finances or the stateeconomy". While the terms that are close to corruption inIslamic studies are: "ghulūl, ikhtilâs, risywah and alfasadand". Corruption according to fiqh is: "It is ajarîmah or a modern and extraordinary crime for whichthere is no agreement on the terms and definitions. Whilethe 'uqūbat is ta'zîr which is returned to waliyul amri".
STUDI TENTANG HOMOSEKS DAN LESBIAN PERSPEKTIF HUKUM ISLAM Musfira
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (484.117 KB) | DOI: 10.61393/tahqiqa.v16i2.49

Abstract

Homosexuality is a biological relationship between the same sex, both male and female, but the term homosexual is more suitable for sex between men and women. Sexual deviation is not carried out by people who deny existence but Allah and the resurrection today, which is believed to be the existence of Allah and the hereafter. This is because today's human civilization is far from materialism, leaving religion and spiritual values behind. The spread of various means of generating the fire of lust in both urban and rural communities. To avoid the negative consequences of homosexuality, it requires moral development that is in accordance with religious norms and values. And the formation of correct morals is a utopia as long as the materialistic system that is contrary to the principles and religious systems can be enforced in a sustainable manner.
KEWENANGAN ISTRI DALAM PENGGUNAAN HARTA SUAMI MENURUT FIQH AL-SYAFI’IYAH Asnawi
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study is very interesting because it explains the position of the husband's property and how the provisions for the use of the wife against the husband's property according to Fiqh Al-Syafi'iyyah. This research is a library research with a descriptive qualitative research type through a normative approach, using a documentation data collection technique, while the data analysis uses a transferability technique. The results of his research that the position of the husband's assets obtained during marriage can be categorized as joint assets between husband and wife which are included in the concept of syirkah abdān or syirkah muwafadlah. According to Fiqh Al-Syafi'iyyah, the use of a wife against her husband's property is not permissible without the permission of the husband. However, if the husband gives permission or the wife knows that the husband allows his wife to take only what is rightfully hers, then the wife may take and use it. This is because the husband's personal property is wholly owned by the husband, even though some of the property belongs to the wife. Unlike the case with husband and wife syirkah assets, where they can use it as much as their respective rights in the property.
WAKAF UANG PERSPEKTIF SYARIAH DAN HUKUM POSITIF DI INDONESIA Nasikhin; Ulul Albab
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 1 (2022): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This study aims to explore the views of sharia and positive lawregarding cash waqf. The results of the study indicate that theissue of waqf in Indonesia is enshrined in Government Regulationnumber 28 of 1977. While according to sharia there is no verse inthe Qur'an that clearly explains the concept of cash waqf. Becausewaqf is included in the infaq fi sabilillah group, the basis used byscholars in explaining and explaining the concept of waqf is basedon the generality of the verses of the Qur'an about infaq. Theproblems of developing cash waqf in Indonesia can be highlightedin three aspects consisting of human resources, trust, system andsharia. can be done to develop cash waqf in Indonesia. Thesestrategies include transparency and accountability at every stageof implementation, more computerized cash waqf management,improving the quality of more comprehensive managers, and theestablishment of waqf educational institutions.
RETRIBUSI PARKIR DI PASAR DAN TEPI JALAN RAYA WILAYAH KABUPATEN PIDIE (ANALISIS TERHADAP QANUN KAB. PIDIE NO. 21 TAHUN 2011) Amsanul Amri; Irma Yusnita
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This research is principled and urgent in answering the problem ofparking tariff dualism in Pidie Regency, especially parking in public places suchas markets, parks and road sides. The main problem is how to practice parkingfees, a form of parking fees based on the Qanun Kab. Pidie Number 21 of 2011,and a review of Islamic law on the practice of collecting parking fees in PidieDistrict. This type of research is qualitative and uses an empirical approach as ahallmark of field research. Based on research results, parking practices andparking fee collection in the Beureunuen and Peukan Pidie markets can beidentified from the problem of parking areas, management, officers, dualism ofparking fees, and illegal parking. There are two categories of parking managementnamely parking managed by the Pidie District Government and parking managedby the local jurisdiction village. The amount of parking fees is based on QanunKab. Pidie No. 21 of 2011 is Rp. 1,000 / motorcycle for one parking. Whereas thepractice of parking tariff dualism by quoting Rp.2,000 / motorcycle according toan analysis of Islamic law is an act contrary to the law, because it is not inaccordance with the government's decision as ulil amri which is obligatory to beobeyed. With regard to the practice of dualism of parking tariffs on the side ofhighways and markets, the researcher recommends the Pidie District Governmentand its stakeholders to implement the Qanun Kab. Pidie No. 21 of 2011 as awhole, finding smart and appropriate solutions, evaluating parking managers andofficers, and taking firm actions against those who violate the law in the field ofparking.
REVITALISASI PERAN PEREMPUAN DI WILAYAH PUBLIK MENURUT FATIMA MERNISSI BONITA IZWANY
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This research is to find out the background and problem formulation ofFatima Mernissi's thoughts, know Fatima Mernissi's views on the position androle of women, and analyze the conception of Fatima Mernissi with concepts inIslam. The author uses the method of interpretation to analyze data, and the formof this study is a Library Research. The data that the authors use in this study isdivided into primary and secondary data. The primary data to be used as a sourceof reference is the book of the Position of Women in Islam which is the work andthoughts of Fatima Mernissi. While the secondary data are books and internetmedia related to the topic of discussion. From the research conducted it can beconcluded that Fatima Mernissi is a figure who advocates a re-examination of thetrue Islamic concept of the role of women, especially in public life, becauseMernissi found a tendency for patriarchal cultural influences from male ulama intranslating the message of Islam. Fatima Mernissi also voiced the importance ofthe struggle of the woman herself is fighting for her life to achieve a better qualityof life without forgetting her nature as a woman. Thus it can be concluded that theconcept obtained is the concept of leadership according to Islam and the analysisof Fatima Mernissi's thought which is balanced and mutually compatible. Womenare not limited to doctrines that curb women in their scope. Then the whole ideaof Fatima Mernissi is starting from the effort to find the point of problems facedby women, and to lift the position of women from patriarchal bias andmisogynism. The issue of women must be considered at this time, women mustrise, using the guarantee of freedom given. With the best, especially showing theidentity of women to become a leader because women are equal to men
RIBA DALAM PERSPEKTIF ISLAM Bukhari
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Usury is the determination of the interest or the amount of the loanexceeding when taking based on a certain percentage of the principal loan chargedto the borrower. In this case usury can be categorized into two, namely usuryrelating to debts and usury related to buying and selling. Riba can also beunderstood as limited to the added value of the principal value in an economiccontract. Riba related to accounts payable and debts such as usury qard and usuryjahiliyah, while usury in buying and selling such as usury fadl and usury nasi`ah.The scholars agreed and stated expressly about the prohibition of usury, thisstatement refers to the book of Allah and the sunnah of the Prophet and thescholars' ijma`. Then Allah SWT always teaches His servants, to leave it, becauseusury causes lack of wealth and does not develop wealth. While sadaqah on thecontrary, which can lead to increase and develop property.
PRAKTIK PENGUTIPAN JASA PENITIPAN GADAI EMAS DI PT. PEGADAIAN SYARIAH KOTA SIGLI Hamdiyah
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

This scientific paper discusses "The Practice of Citing Gold PawnDeposit Services at PT. Syari'ah Pegadaian City of Sigli. "In this study there aretwo problems, namely: the process of citing day care services and thedetermination of day care services in the practice of gold pawning at PT. PegliianSyariah City of Sigli. The research uses several methods, namely field research(Field Research), with observation techniques, interviews, and documentation,and Library Research (Library Research). The results of the study explained thatthe process of quoting gold deposit services is carried out based on the provisionsset by the Islamic Pegadaian with maintenance costs / gold deposit servicescalculated per 10 days with a maturity of 120 days (4 months) with the value forujrah (day care fees), namely 0.7% of the estimated gold. If it cannot pay off whendue, then it can be extended by paying the deposit fee (rent place) only. This is inaccordance with the Islamic legal basis based on the National Sharia CouncilFatwa Number: 25 / DSN-MUI / III / 2002 concerning rahn which states thatloans by mortgaging goods as collateral for debt in the form of rahn are allowed,and DSN Fatwa Number: 26 / DSN-MUI / III / 2002 concerning gold rahn, andDSN Fatwa Number: 09 / DSN-MUI / IV / 2000 stating that the storage of goods(marhun) is based on an ijarah agreement.
PRAKTIK AL-ISTISQAAQ DALAM ISLAM Khairillina
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

Al-Istihqaaq is a person who sues and claims ownership of something, then it isclaimed and the lawsuit can be proven and the judge wins the suit. If mustahiqproves that the goods sold are his property not the property of the seller, then thejudge wins the claim and claim, then the sale and purchase of the existing aqaddoes not necessarily become null and void, but is deferred to the permission andapproval of mustahiqq. There are two aqad in al-istisqaaq namely: aqad buyingand selling al-muqaaiyadhah (barter). Al-istihqaaq happened in ar-rahn, meaningthat the pawned goods turned out to be the property of others, not the rights of arraahin(who mortgaged) themselves. Uluma agreed to declare in theimplementation of al-Istihqaaq may not contain elements that can damage thecontract and there is tyranny.
ZAKAT INVESTASI SAHAM (STUDI KOMPARATIF PENDAPAT YUSUF AL-QARDHAWI DAN ULAMA DAYAH DI KABUPATEN PIDIE) Muhammad Mahmud; Nazarita
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

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Abstract

The purpose of this study was to determine the stock investment zakat inthe opinion of Yusuf Al-Qardhawi and Dayah Ulama in Pidie, as well as to findout the similarities and differences in the views of Yusuf Al-Qardhawi and DayahUlama in Pidie about zakat in stock investment. The problem in this research isthe lack of awareness of the owners of capital to issue zakat obtained from profitsin investing stocks. The research method used is a qualitative method, in obtainingdata the author uses several ways, namely using the method of library research(library research), and the method of field research (field research), namely bymeans of observation, interviews, and documentation. The results of this writingindicate that according to Yusuf Al-Qardhawi does not distinguish the type ofcompany. Yusuf Al-Qardhawi stated that the investment of zakat is taken from alltypes of companies. If the industrial company is taken from the net profit of 10%,while if the investment in shares is considered to be the same as merchandise, thatis, the company whose capital is located in the form of goods, then it is leviedfrom its shares by 2.5%. According to some of the Dayah Ulemas in Pidie, zakatinvestment is not mandatory to be issued, but some others oblige it because zakatof investment is the same as tijarah zakat, if at the end of the year the capitalowner makes a profit, 2.5% of zakat is issued. Therefore there is no reason forcapital owners not to understand the procedure for calculating zakat frominvestment in shares.

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