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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 149 Documents
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ANALISIS SEPUTAR ZAKAT HASIL PERTANIAN (ZAKAT ZURU’) Nurdin Manyak
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v7i1.154

Abstract

Today the application of science and technology in agriculture has beenable to make a variety of crops as a commodity that has economic value. In theold days such as vegetables, grown only in limited quantities for its own needsand not be traded, but are now growing vegetables has been professionallymanaged and has resulted in large numbers and even been used as commodityexports that generate a lot of money. Similarly, other agricultural products whichat first had no economic value, but today is can be used as a profitable item for theowner.
ANALISIS KOMPARATIF TENTANG HUKUM TALAK TIGA ANTARA FIQH KLASIK DAN HUKUM POSITIF Sulaiman M. Thalib
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 7 No. 1 (2013): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v7i1.155

Abstract

Thalaq or divorce, from literally just been symbolizes disharmony andhatred, it was hated, the Prophet SAW said that divorce is forbidden by Allah.Though hated but divorce is halal, Islam opened the door to divorce. Outstrippingdivorce is a divorce three, one and two because divorce can refer (back) during thewife's still in that period. Divorce, as in the case of marriage, arranged in theliterature of Islamic law, including the source ie the Qur'an and the Sunnah of theProphet. In the study of jurisprudence from time to time also take the discussionsurrounding the divorce because divorce procedures not specified in detail in theQur'an and the Sunnah of the Prophet. While cases that occur are as varied andcomplex. Wedlock and divorce are also arranged in the legislation that was termedby positive law. The purpose of this study is to find out how divorce threeconditions according to classical jurisprudence and positive law in Indonesia. Themethod used in this study is the method of literature research (library research),which is studying the classical scriptures of the mu'tabar in four schools andlegislation on marriage and other resources related to do a comparison. The resultsshowed that there were some differences between the provisions of divorce threeclassic books of jurisprudence and positive law in Indonesia.
PERAN BAITUL MAL DALAM PENGUMPULAN DAN PENDISTRIBUSIAN ZAKAT PADA PNS KABUPATEN PIDIE: Studi Kasus di Baitul Mal Kab Pidie Amri Amri
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 2 (2018): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i2.160

Abstract

This scientific paper discusses "The Role of the Baitul Mal in Collecting and Distributing Zakat (Case Study in the Baitul Mal of Pidie District)." In order to examine the three fundamental problems of the collection and distribution of zakat at the Baitul Mal Pidie District, the role of the Baitul Mal is in the collection and distribution zakat and the problems faced by baitul mal officers in collecting and distributing zakat. The research aims to obtain an overview as mentioned above. Research data obtained in the field, researchers used several ways, namely field research (Field Research), using observation techniques, questionnaires, interviews, and documentation, as well as Research Library (Library Research). The results showed that the mechanism for collecting and distributing zakat, in which the treasurers of each government agency in Pidie Regency deposited directly to the regional treasury according to established provisions, while the distribution of zakat was channeled: to the destitute, poor, gharim, converts, ibnu sabil and other mustahiq in need. Whereas the implementation and role of the Baitul Mal in collecting and distributing zakat was carried out by the Baitul Mal Pidie Regency by disseminating information to the community and inviting all relevant agencies in the local government to make various breakthroughs to make people aware of their obligations as zakat, while no problems were found , because the collection of zakat is carried out only on civil servants, and also in the process of distributing zakat there are already established technical instructions.
PENGALIHAN FUNGSI HARTA TANAH WAKAF: Analisis Terhadap UU No. 41 Tahun 2004 dan KHI Amsanul Amri; Rodhatul Wardhani
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 2 (2018): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i2.161

Abstract

Waqf is the property of Muslims whose benefits and functions can be used by Muslims to improve the economy of the people. Endowments in the context of this study are limited to the object of study of waqf land. The main problem in this study is the transfer of the function of waqf land assets, where practically many waqf lands do not function, so that economical smart solutions are needed with the mechanism of revitalization of waqf land to maximize its function in improving the economy of the people. This study uses the research library research method by conducting a legal analysis of Law No. 41 of 2004 concerning Endowments and Compilation of Islamic Law ratified from Islamic Fiqh. The results of this study are, the transfer of waqf property functions is permitted by Hanafi and Hanbali priests, but is not permitted by the Syafi'iyyah clerics. Among the scholars who did not allow the transfer of the functions of the waqf property, namely Imam an-Nawawi and as-Suyuthi who argued, that the waqf property should only be used in accordance with lafadz and the first goal said by the wakif. Whereas according to the positive law, may transfer the waqf property to the public interest and not violate the Shari'ah. This is stated in Law No. 41 of 2004 concerning Waqf, PP No. 41 of 2006, KHI Book III Article 225, Qanun Aceh No. 10 of 2007, and PBWI No. 1 of 2008. There was a difference of opinion between Islamic law from among Syafi'iyyah scholars and positive law.
MEMBANGUN KELUAGA QUR’ANI DI ERA DIGITAL, ANTARA HARAPAN DAN TANTANGAN Fajarwati, Fajarwati
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.163

Abstract

The Qur'anic family is a family that is close to the Qur'an, friendly to the Qur'an, always interacts with the Qur'an, and practices the Qur'an in everyday life. The Qur'ani family is not just a family that memorizes the text of the Qur'an, but is also able to practice Qur'anic values ​​in its family life. The Qur'an is a guide and reference in forming a real family. The Qur'an cites various family models as a reflection of today's modern family. For example, the bad family model reflects the Abu Lahab family (Qs. Al-Lahab: 1-5), the noble family reflects the family of Prophet Ibrahim (Qs. Ash-Shaffat: 101-113), Imran's family (Qs. Ali Imran: 33-34 ), the Luqman family (Qs. Luqman: 13-19) and so on. These are among the family stories (al-Qashash) that are revealed in the Qur'an as a reflection of today's family. Therefore, it is appropriate for every family to reflect on the various family models described in the Qur'an so that they can build a Qur'anic family
PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM MENURUT UNDANG-UNDANG NO. 11 TAHUN 2012 (ANALISIS MAQASHID AL SYARIAH) Rachmawati, Rachmawati
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.164

Abstract

The repressive juvenile justice paradigm has begun to be abandoned and replaced by the concept of solving a child criminal case with a restorative concept that views all parties, perpetrators, victims and communities having equal opportunity to resolve conflicts cause by a crime. The restorative concept is in conformity with the conventions agreed upon by countries in the world in the Convention on the rights of the child in 1990 with international instruments including. The study of the crime against children in Islam has existed before the rule of the child in the ancient conventional low. The objective of punishment in Islam is not only to recognize the retributive objectives as the main objective in criminal prosecution but also to recognize other objectives such as the rehabilitation of the perpetrator and also the restorative between the perpetrator and the victim. Here is the interesting thing that will be studied comprehensively related Maqasid Al Syari’ah in applying restorative justice especially in case of child face to law. See the complexity that accompanied restorative justice in children facing the law, the authors are interested to examine the settlement of lawsuits children in accordance with the law no 11 of 2012 analysis Maqasid Al syari’ah this research is a library research, descriptive analysis and analyze data qualitative with inductive method. The approach used is normative juridical, by looking at restorative justice in penal law of Indonesia, this research aim to know value of Maqasid Al Syari’ah in process of settlement of child crime case and examining view of Islam law to restorative justice value contained in law no 11 of 2012. After the research, it can be conclude that the application of restorative justice has long been adopted in the Islamic legal system, precisely on qiyas-diyat criminal acts. In the context of children, the application of restorative justice is more accommodated, given th urgency and for the benefit of the child as the nation’s successor. Whereas in viewing restorative justice in the SPPA act indicates the existence of reconciliation effort of forgiveness, correction of relationship, there is also structural responsibility as balancing individual responsibility, all of which obviously accommodated in purpose of punishment Al-isti’adah.
KONSEP TA’ZIR MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Syarbaini, Ahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.167

Abstract

Ta'zir is: "'Uqubat (punishment) which is not mentioned in the texts of the Qur'an and Al-Hadith". 'Uqubat (punishment) ta'zir is returned to the walitul amri (government), namely the judges who have been appointed by the government. The way to determine 'uqubat (punishment) is by means of ijtihad. Ta'zir is part of 'uqubat (punishment) against a finger (mistake) that has been committed by someone who violates the rights of Allah s.w.t and the rights of servants. The purpose of determining the 'uqubat (punishment) ta'zir is: first; to uphold justice, second; for tadrib (education) perpetrators of jarimah (lawbreakers), third; to create benefit (prosperity) in society, and fourth; to protect human rights (HAM) in Islam. While the basic principle of its determination is: "To glorify the Shari'at of Allah s.w.t (Islamic Shari'at)". Broadly speaking, there are two ta'zir: first; ta'zir related to the rights of Allah s.w.t, and second; ta'zir relating to the rights of servants
PENGARUH KEPERCAYAAN MUZAKKI KEPADA INSTITUSI ZAKAT DALAM MENUNAIKAN ZAKATNYA DI BAITUL MAL KABUPATEN PIDIE Rahmad, Rahmad
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.169

Abstract

Zakat apart from being a mahdhah worship service, also functions as a social service that can be used as an instrument for eradicating the poverty of today's people in Aceh. The potential for zakat in Aceh is so great that it cannot be optimized if the zakat institution has not won the heart of the muzakki who are the holders of the zakat mandate itself. Baitul Mal's income from the zakat sector is highly dependent on the muzakki's trust in zakat managers in these official institutions. The percentage and frequency are also very high so that the influence of the muzakki's trust in amil institutions greatly determines his desire to choose Baitul Mal as a place to pay his zakat.
CUTTING PRICE MENURUT HUKUM ISLAM : (Studi Kasus di Pasar Simpang Tiga) Azimi, Zul
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 17 No. 2 (2023): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v17i2.171

Abstract

This study aims to determine the impact of cutting prices on businesses and consumers and a review of Islamic law on practice at the grocery wholesale shop in the Simpang Tiga Market. The research method used is a qualitative method to obtain the author's data using the Field Research method, using interviews, observations, and documentation. The study results showed that buying and selling with a cutting-price system conducted by food traders in the Simpang Tiga Market is one of the forms of business competition. The traders do the food price of items aimed at increasing customers and reducing the stock of existing goods. In Islamic law, buying and selling with a cutting-price system is not justified because the practice of cutting prices can kill other people's efforts, so their actions can be classified as wrongdoing against other parties. Cutting prices is caused by a lack of understanding of the religion of the merchant.
KEADILAN GENDER DALAM RUMAH TANGGA PERSPEKTIF FATIMA MERNISSI Bonita Izwany
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 2 (2019): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study entitled “Gender Justice In Household of Fatima Mernissi's Perspective”. This study aims to know the background and the problem statement from Fatima Mernissi’s thought, to know Fatima Mernissi's view about the position and the role of woman and man, and to analyze Fatima Mernissi’s concept with Islam concept. The author used an interpretation method to analyze the data, and the form of this study is a Library Research. The data used by the authors in this study were divided into primary and secondary data. The primary data used as sources of reference are the book ‘The Veil and The Male Elite: A Feminist Interpretation of Women's Right in Islam’ and the book ‘The Forgotten Queens of Islam’ which are the work and thought of Fatima Mernissi. While the secondary data are the books and the internet media related to the topic of discussion. From the study, it can be concluded that Fatima Mernissi is a person who suggested a review of the actual Islamic concept of the role of women and men especially in the household since she found a tendency of patriarchal cultural influence from ‘ulama in translating the message of Islam. Fatima Mernissi also voiced the importance of women's struggle itself in striving for life to achieve a better quality of life without forgetting their nature as women. Thus it can be concluded that the concept obtained is the concept of gender justice according to Islam and analysis of balanced and mutually compatible Fatima Mernissi’s thought. Women are not restricted to the doctrines that restrict women in their scope. So, the whole idea of Fatima Mernissi is started from the effort to find the point of the problem faced by women, and to reassert women's position from patriarchal and misogyny biases. Women's issues must be addressed at this time, women must rise and use the guarantee of freedom provided. With the best, especially show the identity of women to become a leader because women are equal to men.

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