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[PEMIDANAAN TERHADAP RESIDIVIS TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN DI WILAYAH HUKUM PENGADILAN NEGERI TAPAKTUAN ]]>
<![CDATA[Ridha Nur Arifa]]>
<![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.v17i1.83
<![CDATA[The definition of recidivism in the Indonesian Criminal Code is regulated in Article 486 of the Criminal Code, namely regarding repeat crimes involving assets and fraud. In these articles what is meant by a recidivist is stated to be repeating a crime for his actions, there is a threat of a sentence that is aggravated or added to one third. However, in practice in the jurisdiction of the Tapaktuan District Court, judges do not impose criminal charges against recidivist criminal acts of theft in aggravating circumstances. This paper examines the Basic Considerations of Judges in Imposing Decisions on Recidivist Criminal Acts of Theft in Aggravating Circumstances and Factors Causing the Repeated Crime of Theft in Aggravating Circumstances. Based on the discussion above, it can be concluded that in the judge's decision it was not aggravating because the perpetrator regretted his actions and promised not to repeat it again, the perpetrator was also polite in court and the perpetrator was honest in giving information. The factors causing the repetition of criminal acts of theft in aggravating circumstances are educational, economic, and religious factors.]]>
<![CDATA[SISTEM PENGUPAHAN DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Safwan]]>;
<![CDATA[Benazir]]>
<![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.v17i1.84
<![CDATA[This research was conducted to determine the wage system in the perspective of Islamic law, with data collection techniques using observation and documentation methods. Data analysis in this study will use qualitative data analysis which is constructive, develops and discovers social theories. The results obtained from this study are that the wage payment system must be in accordance with the agreement, so that wage earners can overcome some of the economic difficulties that are needed daily. The act of delaying the payment of wages without a valid reason is very contrary to Islamic law and is classified as an unjust act, what is more important in the matter of wages is that before working as a girlfriend, both parties first inform or provide an explanation regarding the amount of wages that must be received or arrested. so that there is no interpretation at a later date. Islam also explains that in the wage payment system, the wages that workers will receive]]>
<![CDATA[KEDUDUKAN IMAM DESA SEBAGAI AMIL ZAKAT DALAM PERSPEKTIF HUKUM SYARIAH : The Position of Village Imam as Amil of Zakat in Aceh Perspective Syariah Low ]]>
<![CDATA[Januddin Januddin]]>
<![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.v17i1.85
<![CDATA[In the concept of sharia economics, the distribution of zakat that is evenly distributed and on target is one of the efforts in economic equality to minimize the poverty rate in Aceh in particular. This function is integrated into the role played by Amil zakat as zakat manager including the village priest. This study aims to determine the role of village faith as amil zakat from the perspective of Syariah Low then the legal basis for the prohibition of village priests from receiving zakat in a position as a zakat senior. The method used is a case study by collecting data through in-depth interviews which are analyzed using a qualitative approach. The results of the study presume that the village priest ex officio serves as the head of the BMG so that he has the status of an amil in accordance with article 13 paragraph 4 of Qanun Aceh No 10 of 2018. So the delivery of zakat through the village priest is the same as giving it to mustahik. Even though he has the status of an amil, even so the position of village priest is not that of an amil senior. This is because the village priest is considered a wali iqlim, that is, a person in charge of religious affairs in an area, from this position it is determined that the village priest is not entitled to receive zakat but because of his position as amil, he is entitled to receive only ujrah mitsil from his work in managing.]]>
<![CDATA[PEMBENTUKAN PERILAKU ANTI KORUPSI TERHADAP PEJABAT DI ACEH MELALUI REGIULITAS ]]>
<![CDATA[Benazir Benazir]]>
<![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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DOI: 10.61393/tahqiqa.v16i1.102
<![CDATA[Religiosity factor is not a factor that determines corrupt behavior. corrupt and non-corrupt behavior cannot be explained by the level of religiosity or piety. However, the more religious a person is, the more they value anticorruption. The results obtained from the Monitoring Center For Prevention (MCP) show an increase in the prevention of corruption in Aceh. In 2018 the aggregate value of Aceh's MCP was at 43 percent, then in 2019 it rose to 46 percent, in 2020 Aceh's MCP aggregate value was at 50 percent, in 2021 Aceh's MCP aggregate value improved, reaching 72.2 percent. This means that with the implementation of the MCP program it can be seen that there are continuing improvements in Aceh. The data shows that the level of corruption in Aceh province in 2021 will decrease. This indicates that the people of Aceh generally have a good level of regularity. Officials in Aceh province have religious knowledge, religious beliefs, practice of religious rituals, religious experience, behavior (morality) meaning religion, and good religious social attitudes.]]>
<![CDATA[HAK ASUH ANAK PUBERITAS PASCA PERCERAIAN ]]>
<![CDATA[Hasan Syazali]]>
<![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.v17i1.103
<![CDATA[This paper discusses the issue of post-divorce puberty child custody. In our daily life we often encounter in society, that after the divorce of parents of children we often find that we lose our identity. We encounter various kinds of judgments in the midst of society towards divorced families. Even though the problem of divorce is not a new problem in Islam. Shari'a has arranged in such a way for every follower of Islamic teachings in a very systematic way. As we will discuss here, every husband and wife who has divorced Islam provides steps that are mutually beneficial, even children are also regulated by Shari'ah regarding the rights of children when their parents are separated. Therefore, parents should hold each other back to avoid divorce in the household for the sake of children who still need perfect attention and affection from both parents. According to Islam, the child has the right to be cared for by the mother if he is still small and if he has entered puberty, the child may choose to live with the father or mother, this depends on the wishes of the child. However, if a child who has entered puberty chooses to live with his mother, the mother may not restrain the child from being with his father and vice versa. This is done to meet the needs of love and attention from both parents which are still very much needed by puberty children.]]>
<![CDATA[Keabsahan Pernikahan Perempuan Hamil di Luar Nikah Menurut Hukum Islam dan Legislasi di Indonesia ]]>
<![CDATA[Maimun A. Rahman]]>;
<![CDATA[Karimuddin Abdullah Lawang]]>
<![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.v17i1.112
<![CDATA[Marriage is a sacred bond to build an everlasting household. Regarding the marriage of a woman who is pregnant out of wedlock is a disgrace that some families must cover, so they are looking for a solution by marrying the pregnant woman. However, the problem is the legality of marriage for pregnant women out of wedlock according to Islamic law and Indonesian laws and regulations. This study uses a qualitative research method with a normative juridical approach because it relates to the validity of a law. The results of the study concluded that the marriage of a woman who is pregnant with the man who impregnated her is valid according to Islamic law, even though there are differences of opinion among the Maliki and Hanbali schools of thought that declare it invalid. According to the rules and regulations, it is also stated that it is legal based on KHI article 53, which explains that a woman pregnant out of wedlock can marry the man who made her pregnant.]]>
<![CDATA[SITEMATIKA DALIL DALAM PENETAPAN HUKUM ISLAM: (Suatu Analisis Menurut Pemikiran Ulama Ushul Fikih) ]]>
<![CDATA[Ahmad Syarbaini]]>
<![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.v17i1.114
<![CDATA[The object of discussion of ushul fiqh is discussed by ushul scholars with different systematics, according to the focus of attention of each individual. In general, the method of establishing the arguments for the syara' law can be known from the Prophet's dialogue with Mu'adz bin Jabal when he was sent to Yemen as a qadhi. In the process of establishing syara' law, the use of argument plays a very important role. In terms of origin, the argument is divided into two parts, first; arguments originating from revelation, and second; The argument comes from ra'yu (reasoning). All arguments by some scholars can be returned to only four arguments, namely: first; the Bible, second; Al-Sunnah, third; Ijma', and fourth; Al-Ra'yu.]]>
<![CDATA[WANITA KARIR DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Fajarwati Fajarwati]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.120
<![CDATA[Today the need for life and the trend of life inevitably must be followedeven become an obligation for women to help with family life. In work mattersthere are sometimes no separations between men and women. At present, manyurgent positions are filled by women such as strategic positions, this is due to lackof honesty from men and often misused positions in work. Women are morehonest in working, disciplined, fast and right in taking policies. Today manyadvanced companies are led by career women. The career woman referred to hereis a woman who has a family and is more focused on her profession than a family.Where these women have two major responsibilities, namely family (home,husband and child) and office. By carrying out these two responsibilities at onetime, it requires energy and thought and strategy in doing so. Career women canlive outside due to technological assistance. Women are known for three things,wells, kitchens and mattresses. Now these three things can be run well thanks tothe technology without the need for a lot of time. However, children's problemscannot be controlled by technology. The right choice to control children is toprovide children's education in advanced schools that have been provided by thestate and the private sector. In addition, career women must use the pattern ofeducating people first, namely providing special time to teach and educatechildren at night and instill religious knowledge. strong in children. In Islamiclaw, women are allowed to have a career provided that they have permission fromtheir husbands and do not neglect their responsibilities as mothers.]]>
<![CDATA[PEMANFAATAN HARTA GHANIMAH MENURUT HUKUM ISLAM ]]>
<![CDATA[Hamdiyah Hamdiyah]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.121
<![CDATA[This research is entitled "Utilization of Ghanimah's AssetsAccording to Islamic Law," in order to examine three issues, namelythe utilization of the Ghanimah property according to its types, the useof Ghanimah on the present and the use of the Ghanimah propertyaccording to Islamic law. The research aims to obtain a clear pictureof the use of the Ghanimah property according to its types, in thepresent and according to Islamic law. This research uses descriptiveanalysis method. The results of his research were obtained, that theproperty was given specifically by priests to members of theMujahideen forces to encourage and encourage them to join in thewar, the utilization and management of Fai 'assets, namely the right ofthe Prophet, so that he may use them according to his will. Themanagement of the treasures of Ghanimah means assets taken fromthe enemy who fight by force and defeat. The principle of thedistribution of the property of Ghanimah is also based on the principleof price distribution of Ghanimah, namely the person who gets onepart, while the person riding the horse gets three parts, the provision isnone other than the additional cost for the horse. riding a horse withhis horse, for Allah (the benefit of the Muslims) and his apostles. forthe Apostle's relatives, for orphans, for poor people for Ibn Sabil(people who were displaced on their way or expelled from theirhomes. Whereas 4/5 parts were reserved for soldiers who fought.]]>
<![CDATA[JUAL BELI BAI’UL WAFA’ DITINJAU MENURUT HUKUM ISLAM ]]>
<![CDATA[Hasan Syazali]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v13i1.122
<![CDATA[This writing aims to examine the fundamental problems, namely thenotion of buying and selling bai'ul wafa ', and the view of Islamic law on buyingand selling (bai' wafa '). The results of the writing show that the practice of buyingand selling bai'ul wafa ', which is in the community is buying and selling bymeans of credit, and the provision is done by paying down and installments everymonth when the payment due date, where the company makes it easy for everyconsumer for consumers is a major factor to attract buyers to buy products offeredby the company, while from consumers one of them is the needs of customerswho are urgent but not enough money. Furthermore, the view of Islamic law onbuying and selling (bai 'wafa'). Islam allows wafa sale, because the buyer mustfulfill his promise between the seller, this is done in the initial agreement of thetransaction, while this transaction is included in the sale and purchase trust andmutual trust, because the merchandise that has been purchased becomes amandate for the buyer to return to the seller if the seller returns the money, and thebuyer may not sell the item to another person, other than returning it to the seller.]]>
