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
149 Documents
<![CDATA[QANUN: TATA CARA PEMBUATAN QANUN: Catatan Terhadap Praktek Pebuatan Qanun Aceh ]]>
<![CDATA[Nufiar Nufiar]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v9i1.143
<![CDATA[Aceh Qanun an-level regulation Regulation (Regional Regulation) theformulation mechanism should refer to the Act No. 10, 2004. The preparation ofAceh qanun formed on the initiative of the executive or provincial parliament (thePeople's Consultative Council Aceh) were subsequently passed along between theGovernment and the provincial parliament. A rule of law or the regulation levelmust have principles which include: Clarity of purpose, institutional or formingorgans proper, the correspondence between the type and substance, can beimplemented, efficient and effective, formulation clarity and openness. To achievethis purpose the regulation must be made by experts with communityinvolvement. Community involvement is intended as a form of participation of thepublic space in the form of community participation. One form of publicinvolvement is loading qanun draft in the media to accommodate inputs thatreceive input from the community at large.]]>
<![CDATA[TRADISI PEUCICAP DITINJAU MENURUT HUKUM ISLAM ]]>
<![CDATA[Sulaiman M. Thalib]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v9i1.144
<![CDATA[No exaggeration to say that the indigenous Aceh synonymous with Islamictradition. Because of the majority of the Acehnese people embraced Islam andAceh is the gateway entry of Islam to Indonesia, so that customs and trdisi societyinfluenced by the values of Islam are condensed. The purpose of this study was toinvestigate the implementation Peucicap ceremony in Aceh society traditionamong indigenous (local culture) and the Sunnah of the Prophet Muhammad whois the source of Islamic law. The method used in this study is a research methodliterature to collect data and information from books, magazines, manuscripts,notes, historical accounts, documents, etc., kususnya relating to peucicap and stuffAnother related. After doing research, it can be concluded that the CeremonyPeucicap in the tradition of the people of Aceh source is the Sunnah of theProphet Muhammad called tahnik, but has been assimilated into the local cultureresulting in the development, additions and adjustments are quite varied but didnot violate Islamic law which can damage theology, Shari'ah and Islamicmorality.]]>
<![CDATA[EKSISTENSI LEMBAGA MUKIM DALAM PENERAPAN SYARI’AT ISLAM DI ACEH ]]>
<![CDATA[Zul Azimi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v9i1.145
<![CDATA[Mukim Institution has contributed greatly in coloring people's lives Acehto implement Islamic law. This institution has existed since before independenceand after independence. The existence of Mukim Institution has undergone variouschanges in policy. One of the policies of the board remove Kav occurred duringthe New Order. As for the causes, because the rules are applied. No. 5 of 1979 onVillage Government. The aim is to standardize the rules across the form andstructure of local institutions with national pattern for the realization of Pancasilademocracy. As a result, all local institutions in areas of Indonesia does not work,including the Mukim Institution in Aceh. While existing rules, but the existence ofinstitutions Kav still get a special place in the hearts of the people. The proof canbe seen in the inclusion of sub-district in the affairs of society, both in landdisputes, domestic conflict, as well as a violation of Islamic law. Many issues canbe resolved Reuters facilitated with dignity. On this basis, the government agencyReuters revitalized by applying Qanun No. 4 of 2003 concerning the Governmentof Mukim. The Canon authorizes the agency Mukim to apply Islamic law,preserving the customs and duty of the government. At this time the board had aminimal role in Pidie District. As a result, the increasing violations of Islamic law,the implementation of the teachings of Islam began to decline and customs beginto disappear. documentation. Factors causing the increase in violations of Islamiclaw in Aceh because the agency Mukim less participate. To restore the dignity ofthis institution should get serious attention from the government of Pidie andAceh. Revitalization strategy will be realized by giving full authority,socialization qanun, enabling all devices work and provide facilities to the agencyMukim.]]>
<![CDATA[PARADIGMA PEMIKIRAN HUKUM ISLAM DALAM KEILMUAN MODERN ]]>
<![CDATA[Arfah Ibrahim]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.146
<![CDATA[The modern era has led fiqh (Islamic law) on the problematic position anddilemma. Fiqh is not only difficult to solve various problems and social issuesfacing but also still stutter defines selfhood, especially in the context offormulating a viable legal method used to solve various problems. In view ofCoulson, the problem is what is in the cause of conflict and tension betweentheory and practice in the history of research and application of Islamic law.Indonesian Islamic legal thought in an attempt to deliver a maximum of scholarsschools of law in line with the culture of the Indonesian Islamic community.Therefore, this product can be applied to legal thought, either philosophical,juridical and sociological-cultural formal. One of the problems with thedevelopment of Islamic legal irrelevance and thought he was assessed in respectof human civilization as a static law is the lack of use of scientific methodology asdeveloped in the West. By him that the historical approach, socio-cultural,philosophical and theological-scientific approach is a solution to the Islamizationof modern scientific paradigm repertoire of classical Islamic legal methodology.So the new paradigm of Islamic law is the outcome of these approaches, namelythe paradigm that sees Islamic law in an integrated manner, both as a normativeinstitutions that prioritizes basic values of Islamic legal certainty as well associological philosophy that prioritizes fundamental values of justice and truth]]>
<![CDATA[TA’LIL AHKAM DAN IJTIHAD KONTEKSTUAL DALAM PEMBINAAN HUKUM ISLAM ]]>
<![CDATA[Imran Abubakar]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.147
<![CDATA[Ta’lil Ahkam is an actualization methodology Shari'ah values in practicallife. Ta’lil Ahkam acceptance in the science of jurisprudence has been thecornerstone of ijtihad contextual acceptance. Blend the concept of contextualTa’lil Ahkam and Ijtihad in Islamic law coaching will give birth to a law that canrun at any time. Opposition in Ta’lil Ahkam acceptance in the knowledge ofKalam, should not be used as a first principle to prove that scholars are not ijma(agreed) to Ta’lil Ahkam acceptance in the jurisprudence.]]>
<![CDATA[ANALISIS TERHADAP PEMIKIRAN KH. SAHAL MAHFUDH TENTANG LOKALISASI PELACURAN ]]>
<![CDATA[Khairizzaman Khairizzaman]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.149
<![CDATA[Social scientists who study prostitution often use a variety of approachesvarious disciplines such as history, sociology, psychological and interdisciplinaryareas of womens studies. Various scientists work produced by a variety ofdisciplines that paying attention to the specific motifs of prostitution or a numberof important aspects of the phenomenon as a whole. Pathways identified indefining the symptoms tend to be partial. KH. Sahal Mahfudh as one of thescholars offer a solution in tackling the problems of prostitution, one of which isthe centralized location of prostitution. It means that prostitution should belocalized in one place is quite far from the contact local residents. This opinion isa very bold thinking and contrary to the opinion of the general public who viewprostitution as a disgraceful act and banned religion must be destroyed]]>
<![CDATA[MEMAHAMI KAEDAH AL-KHURUJ MIN AL-KHILAF ]]>
<![CDATA[Maizuddin M. Nur]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.150
<![CDATA[Rules of fiqh as an attempt to understand the general principles of fiqh andprovide convenience in applying the laws to the problems faced have beendeveloped by the jurists. One such principle is the principle of al-khuruju min al- al-khilaf. Some people categorize this as a rule of special rules in the field ofsiyasah. However, it appears that the practice of application of this rule fqihalmost penetrated all areas where there are differences of opinion. School leadershave practiced this method although by leaving the results of their ijtihad. However, this rule can not be applied as such. The application of this rule islimited to certain conditions. In connection with this issue methods oftransactions, seemingly not be applied strictly, because the field is experiencing avery special feature supple and flexible.]]>
<![CDATA[QISĀS DAN HUDŪD SERTA RELEVANSINYA DENGAN HAK ASASI MANUSIA ]]>
<![CDATA[Munadi Munadi]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.151
<![CDATA[in view of Islam every human being has rights that must be respected,protected and maintained, namely religion, life, property, reason and honor. Fifthrights are human rights (dharuriyat al khams) that should not be disturbed. Islamsets strict penalties against human rights violations in the form of qisas andhudud. Although a cursory view this cruel punishment, but it contains themeaning and profound wisdom, both for the offender or others. Punishment iszawajir or as a preventive efforts (prevention) to cause fear for others not to dareto commit a similar crime. The situation is very effective in enforcing the law andensuring and upholding human rights.]]>
<![CDATA[AZAS-AZAS HUKUM ISLAM ]]>
<![CDATA[Muzakir Muzakir]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.152
<![CDATA[The main sources of Islamic law are the Qur'an and the Hadith. Mergingthe two gave birth to three sources, namely Consensus. Application of Islamic lawshould provide a sense of comfort for mukallaf. These conditions need to becreated so that the objectives of Islamic law to achieve happiness of the world andthe hereafter is reached. Therefore, the application should require the principles asa foundation. Principles themselves can be obtained at the legal source. The use oflegal principles is absolutely necessary for their implementation. This is veryimportant, because it will give comfort to arbitrate.]]>
<![CDATA[SEJARAH FIQH ABU HANIFAH ]]>
<![CDATA[Nufiar Nufiar]]>
<![CDATA[ Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia ]]>
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DOI: 10.61393/tahqiqa.v7i1.153
<![CDATA[This paper attempts to discuss the figure of Abu Hanifa as an Islamicjurist, not as the others. One of the difficulties disclosures figure Abu Hanifa islocated on the lack of referral sources. I received only two papers that investigatedthe Abu Zahrah thoughts. Even then examine universally thought Abu Hanifah.Another source is the writings on biography and little thought of Abu HanifahIndonesian writers. Even then, according to the author quoted from the writings ofmany Abu Zahrah.]]>
