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[PENGGUNAAN UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI TERHADAP TINDAK PIDANA DI BIDANG PERBANKAN ]]>
<![CDATA[Yusriadi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This article discusses relating to "The use of laws eradicating criminalacts of corruption against criminal acts in the field of banking," As for theemphasis of the problem in this article is how a criminal act committed by bankscan be categorized as a criminal act of corruption, and how the process theapplication of the precautionary principle in banking (Prudencial Banking) can beapplied in corruption. In this article it is illustrated that the use of the CorruptionCrime Eradication Act in solving the problem of bad credit at state-owned banksis more precise by looking at the reasons for the bad credit. When a party isindeed proven to have acted that deviates from the original purpose of providingthe credit and fulfilling the elements against the law, enriching oneself / others /corporation, and harming the state finances / the economy of the country, it isappropriate to apply the Corruption Eradication Act. principles in banking law andbased on the applicable laws and regulations, the perpetrators of criminal acts inthe banking sector (owners / shareholders, management or bank employees) mustbe responsible for irregularities in banking operations that meet the elements ofcriminal acts in the banking sector and the elements of acts criminal corruption.]]>
<![CDATA[BANTUAN RUMAH KEPADA KAUM DUAFA OLEH BAITUL MAL KABUPATEN PIDIE DITINJAU MENURUT HUKUM ISLAM (Studi Kasus di Kecamatan Mutiara) ]]>
<![CDATA[Mariana]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[This study discusses the mechanism of housing assistance for the poor by Baitul Mal in Pidie Regency. The research method used is a descriptive method, in obtaining data in the field the author uses interview techniques, documentation, observation. The results of the study show that the practice of housing assistance for the poor in Mutiara District is provided to the poor by verifying documents from proposals that enter their offices, then conducting surveys and then making appropriate decisions or not. The house of assistance for Dhuafa by Baitul Mal, must have at least 3 children, the house is not livable like the wall has been damaged, the roof has leaked, does not have a master bedroom, the kitchen is unfit for use, thatched roof, the floor of the ground of the like, the house has not been touched help. The review of Islamic law on the practice and mechanism of assistance for aid houses to the poor by Baitul Mal is in accordance with Islamic law because it provides assistance with motivation to wish only Allah's pleasure.]]>
<![CDATA[PINJAMAN KREDIT DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Safriadi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 14 No. 1 (2020): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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<![CDATA[Penelitian ini menelaah tentang “Tujuan penulisan ini untuk mengungkap sistem perkreditan yang ada dan berlaku saat ini. Metode yang digunakan yaitu pengkajian terhadap Al-Qur’an dan Hadis tentang riba beserta teori-teori pelarangannya. Melalui pengkajian tersebut, praktik perekonomian yang sesuai syari’at secara konsep dapat dirumuskan, khusunya dalam pembiayaan dengan sistem jual-beli. Hasil dari pembahasan ini menunjukkan bahwa hukum dasar dari jual-beli secara kredit dibolehkan. Syaikh Ibnu Utsaimin Berkata: Menjual dengan kredit artinya bahwa sesorang Menjual sesuatu (barang) dengan harga tangguh yang di lunasi secara berjangka hukum aslinya adalah di bolehkan berdasarkan firman Allah QS. Al-Baqarah: 282. Demikian pula Nabi Muhammad Saw. membolehkan jual beli as-Salam, yaitu membeli secara kredit terhadap barang yang dijual.]]>
<![CDATA[PENGANGKATAN ANAK ANGKAT MENURUT HUKUM ]]>
<![CDATA[Hasan Syazali]]>;
<![CDATA[T. Sabirin]]>
<![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[This study aims to determine the practice of adopting children as well as review Islamic law and positive law regarding child adoption in society. This study uses the method of "library research" and "field research" document review, observation, and interviews. The results showed that the mechanism for implementing child adoption among the community, the stages carried out by the community there was no special event or other rituals in the adoption process, but only by doing small feasts, and the reason for adopting children was because families who adopted children tended to because they do not have children of their own. Then it is recommended to every adoptive parent to find out how the procedure for adopting a child is correct according to religion and state laws and regulations, and to religious leaders and community leaders so that they can socialize the procedures for adopting children by Islamic teachings and applicable regulations. regarding the adoption of children, so as not to cause problems in the future.]]>
<![CDATA[TANGGUNG JAWAB RISIKO KERUSAKAN RUMAH KONTRAKAN ]]>
<![CDATA[T. Sabirin]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v16i2.65
<![CDATA[This study aims to determine the form of the rental house agreement and the form of responsibility for the risk of damage to the rented house without an initial agreement in Sigli City District. This research uses descriptive analysis method, using observation, interview and documentation techniques. The results showed that the form of the rental house agreement in the Sigli City District was carried out by both parties between the owner and the tenant verbally or not in writing with a meeting between the two parties by discussing the price of the house without any other regulations. The form of responsibility for the risk of damage in the Kota Sigli District is carried out by both parties which is carried out by means of good deliberation, does not occur between the two, but if it cannot be resolved by deliberation, it can be resolved by means of civil law.]]>
<![CDATA[Praktek Pembayaran Angsuran Kredit Jual Beli Sepeda Motor ]]>
<![CDATA[Zul Azimi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v16i2.78
<![CDATA[Credit installments are installments that are deferred payments orpayments on a pending basis, by providing installments in certainamounts for a certain amount of time, the price is more expensivethan the cash price. This study aims to determine the practice ofpaying installments for motorcycle buying and selling loans at PT.Mandala Sigli. This type of research is field research usingdescriptive methods of analysis. The data collection usesobservation, interview, and observation techniques. The results of thestudy showed the practice of paying installments for motorcyclebuying and selling loans at PT. Mandala Sigli is carried out with adaily payment technique in accordance with the agreement, thelength of installments determines the length of payment, and thebenefits obtained by the company will be different. Installmentpayment of motorcycle buying and selling credit at PT. Mandala Sigliaccording to the view of Islamic law is not appropriate, this isbecause there is an element of fine in case of delay which is forbiddenin Islam, and is included in the riba jahiliyah (usury nasi'ah), whichis an addition to the debt that arises due to the delay factor]]>
<![CDATA[Penanggulangan Tindak Pidana Pencurian Air Bersih oleh Pelanggan Suatu Penelitian Pada Perusahaan Daerah Air Minum Tirta Mountala Kabupaten Aceh Besar ]]>
<![CDATA[Ridha Nur Arifa]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v16i2.79
<![CDATA[Combating the crime of theft is a countermeasure that focuses more on the repressive nature, namely actions taken after the crime has occurred by enforcing the law and imposing penalties for crimes that have been committed. The theft of clean water violates the provisions of PDAM Tirta Monutala and can also be subject to articles 362 and 406 of the Criminal Code. In the last 5 (five) years, 203 (two hundred and three) cases of theft of clean water have been found by customers, but the perpetrators of the theft have not been investigated by the police but have been administratively resolved. This paper examines countermeasures against the prevention of criminal acts of theft of clean water and obstacl in preventing the factors causing the crime of theft of clean water. Based on the results of the study, it was shown that the completion of the criminal case of theft of clean water at PDAM Tirta Mountala, Aceh Besar District, was that the perpetrators of the theft were not investigated by the police but were resolvedpeacefully by PDAM Tirta Mountala Aceh Besar with customers. ]]>
<![CDATA[TALAK DI LUAR PENGADILAN DAN IMPLIKASINYA ]]>
<![CDATA[Khairizzaman]]>;
<![CDATA[Armia]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v16i2.80
<![CDATA[Divorces outside the court are widely practiced by the community. Considering that this model of divorce is not officially recorded in state administrative law, it will have implications for other civil laws. This research is a normative research using descriptive analysis method. The results of the study show that divorce outside the court is a divorce that is carried out by the community unofficially and is not recorded based on the laws and regulations in force in Indonesia. In the perspective of Islamic law, this model of divorce is in principle valid as long as the terms and conditions of divorce law are fulfilled. Even so, this model of divorce from the perspective of positive law in Indonesia is considered invalid and the divorce agreement is deemed to have never existed, because it is not registered in state administrative law. The implications of divorce out of court include; the termination of the marriage bond, but both of them cannot obtain an official divorce certificate, also has an impact on civil rights to property law, the right to care for children, and cannot sue for matters that are binding under state law, uncertainty and has no permanent legal force.]]>
<![CDATA[KONSEKUENSI PERNIKAHAN SIRI TERHADAP ISTRI DAN ANAK ]]>
<![CDATA[Fajarwati]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v16i2.81
<![CDATA[Islam regulates family matters not in outline, but in detail. This shows a great concern for the welfare of the family. The family is formed through marriage, therefore marriage is highly recommended by Islam for those who already have the ability. The purpose of marriage according to Islam is to fulfill religious instructions in order to establish a harmonious, prosperous and happy family. Harmonious in using the rights and obligations of family members; Prosperous means the creation of inner and outer peace due to the fulfillment of the necessities of life both physically and mentally, so that happiness arises, namely love between family members. If you look at the purpose of marriage above, then sirri marriages that occur in society will be difficult to establish a harmonious, prosperous and happy family. Because sirri marriage contains more harm than benefit. One of the disadvantages is that the wife and children will not get inheritance from the husband. Thus, this sirri marriage is very detrimental to the woman. Therefore, carry out the marriage in accordance with the rules in Islamic law and the Marriage Law.]]>
<![CDATA[Hukum Poligami dan Interpretasi dalam Q.S. An-Nisa Ayat 3 ]]>
<![CDATA[Alfattiah Aldin]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v17i1.82
<![CDATA[Polygamy in Surah An-Nisa ': 3 is a skill that is complicated and tightened. Polygamy is only allowed in an emergency and can only be done by people who really need it, while according to the system adopted by the Indonesian Marriage Law, the principle of monogamy is one husband for one wife. However, in certain cases or reasons, a husband is given permission to have more than one wife. This paper examines the regulation of polygamy regulated in Q.S. An-Nisa Paragraph 3 and Polygamy according to the applicable national law in Indonesia, namely Law Number 1 of 1974 concerning Marriage. Based on the results of the study, it shows that according to positive law in Indonesia, the court will only give permission to the husband to have more than one wife if there are special alternative causes, while in Islamic law it also does not require polygamy or recommend it, he only talks about the permissibility of polygamy, and that is also a small emergency exit. The Shari'a of the Qur'an, should not be viewed from the point of view of good and bad, but must be seen from the point of view of legal arrangements, in various conditions that may occur. There are many conditions other than those mentioned, which is also a logical reason not to close the door on polygamy.]]>
