Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam

JARIMAH KORUPSI SEBAGAI KEJAHATAN LUAR BIASA

2024-12-31T00:13:09+00:00

Corruption comes from the Latin words corruptio and corruptus which means to bribe and corrumpere means to destroy. Corruption is included in the jarîmah, corruption in Indonesian law is: "Unlawfully committing acts of enriching oneself or another person or a corporation which can harm state finances or the state economy", the 'uqūbat is ta'zîr which is returned to Waliyul Amri ".. Meanwhile, terms that are close to corruption in Islamic studies are: "ghulūl, ikhtilâs, risywah and al-fasad and". Meanwhile, corruption according to Islamic criminal law is more about facades. The following are several reasons why corruption is considered an extraordinary crime: First; Corruption causes large and widespread damage, secondly; corruption is a systemic crime, third; corruption violates human rights, fourth; Corruption perpetrators will be punished severely, fifth; Corruption threatens world order.

WANITA KARIR PERSPEKTIF HUKUM ISLAM SERTA IMPLIKASINYA (STUDI KASUS DI KECAMATAN MUTIARA)

2025-01-04T04:27:24+00:00

This research aims to determine the perspective of Islamic law regarding career women. To find out the position of career women in Islamic law and the impact of career women who work outside the home in Mutiara District. The research method used is qualitative descriptive research. The results of this research show that (1) Career women from an Islamic perspective are viewed from their position as creatures, that Islam gives women a proper position and degree as well as the same status as men in their capacity as servants of God. Islam does not prohibit women or wives from working, as long as they do not neglect their main obligations. Islam recommends that women who work outside the home obtain permission from their husbands, because the husband's approval for career women is the main requirement. (2) The impact of women working outside the home can be seen from two sides, namely from the negative side and the positive side. The negative impact is reduced social interaction, reduced time with family. The positive impacts include, by working, she will gain more knowledge and relationships, provide knowledge to the community and from an economic perspective it will greatly lighten her husband's burden.

HAK WARIS KHUNTSA MUSYKIL DAN METODE PENYELESAIANNYA

2025-01-04T03:34:12+00:00

Islamic inheritance law is regulated according to qath'i wurudz and dalalah. This legal certainty of inheritance covers who has the right to be an heir, who is covered by the hijab, up to the amount of shares received. Even so, the inheritance law of abstruse khuntsa is a complicated issue in determining gender, which in turn of course also influences the portion of the inheritance that is received later. The purpose of this research is to determine the inheritance law of abstruse khuntsa and the method for solving it. This research uses a descriptive analysis method with a qualitative research type with normative juridical research characteristics, considering that this research is legal research. The results of the research identified that abstruse khuntsa are people who have multiple genitals or none at all. As for the method of resolution, there are differences of opinion among scholars. Some scholars give inheritance rights to the smallest of two choices when they are considered male and female. The opinion of other scholars gives half of the accumulation he is considered to be men and women

PENGALIHAN HARTA GONO GINI OLEH SATU PIHAK (PERSPEKTIF HUKUM ISLAM)

2024-12-31T00:02:13+00:00

Joint assets (gono gini) are assets obtained by the husband and wife during the marriage. The assets obtained during the marriage will become one unit, so that when a divorce occurs, the joint assets (gono gini) will be divided into 2 (two), namely ½ (one half) for ex-husband and ½ (one half) for ex-wife. The legal basis for joint property (gono gini), namely: Article 35 paragraph (1) of the Marriage Law. Joint assets (gono gini) cannot be transferred/sold or mortgaged (secured) to another party, unless there is mutual agreement between the husband and wife. This is regulated in Article 36 paragraph (1) of the Marriage Law: "Regarding joint property, a husband or wife can act with the consent of both parties." And Article 92 of the Compilation of Islamic Law (KHI): "A husband or wife is not permitted to sell or transfer joint property without the consent of the other party."

Prohibition of Alms Distribution to Ahl al-Bayt

2025-01-04T03:32:48+00:00

One of the objectives of Zakat recitation is the creation of Islamic social justice. Zakat which is intended for the senifs is considered as a solution to overcome the burden of the poor and also as a form of caring for others. The reality that we face is that there are Muslims in general and from the Sayid and Syarifah groups in particular who have not enjoyed the sharia maqāsid and the wisdom of sharia zakat distribution evenly, even though among them there are poor and even needy. The problem lies in the prohibition of receiving zakat because they are descendants of the Prophet Muhammad (Ahl al-Bayt) who are not allowed to accept any property except gifts, even though there are those who live in need and are juxtaposed with the same position as the needy or poor. This study aims: First, to describe and explain the Ahl al-Bayt referred to by presenting several meanings according to Fuqahā, including raising and analyzing several hadiths that prohibit the distribution of zakat to them; both in terms of Asbābu al-Wurūd and the socio-historical society of Medina at that time. Next compare with some verses of the Quran that explains the provisions and priorities of the distribution of Zakat to the Poor and Poor. Second, finding an adequate explanation of the Asbāb Musabbab prohibition, the third looks at the presence or absence of opportunities for the use of Zakat by them today because of their poverty or poverty, so that the purpose of Zakat reconciliation itself can be felt by the poor in a fair and equitable manner without any looking at any status. This research uses the tahlīlī method, by conducting a study of the prophetic hadith along with the analysis of the context of the verse and a coherent hadith combined with some references and views of the ulamā and its application in the present context

FIQIH MUAMALAH DAN FIQIH LINGKUNGAN DALAM MENJAWAB TANTANGAN EKONOMI DIGITAL DAN PELESTARIAN ALAM

2025-01-11T08:29:27+00:00

The development of the digital economy provides opportunities and challenges in the context of muamalah fiqh and environmental preservation. This research aims to explore the contribution of muamalah fiqh in facing the dynamics of the digital economy and supporting nature conservation. Using a qualitative approach based on literature study, analysis was carried out on the relationship between the principles of muamalah fiqh and digital economic and environmental issues. The results show that muamalah fiqh provides ethical guidance in digital transactions and encourages ecological responsibility through the principles of maqashid sharia.

KEDUDUKAN HUKUM ANAK DARI HASIL PERNIKAHAN SIRRI DAN IMPLIKASINYA TERHADAP HAK KEPERDATAAN

2025-01-11T08:28:23+00:00

This study aims to determine the legal position of children from the results of sirri marriage and its implications for civil rights. This researchers uses descriptive methods with data collection techniques through observation, interviews and documentation. The results of the study indicate that the practice of nikah sirri is very widespread in society so that it is caused by several factors such as economic factors, the desire of children to marry underage, avoid adultery and the lack of public understanding of the practice of sirri marriage itself. The position of children from sirri marriage is treated very well like children in general, namely getting a living, there is no difference in the provision of rights and obligations from parents, as well as the love of both parents. The civil rights of children from sirri marriage according to Islamic law, are in accordance with the provisions of Islamic law, because children of sirri marriage are treated like other children, while according to positive law the civil rights of children of sirri marriage are not obtained as fully as other children in general, because the sirri marriage conducted by both parents is not recorded in the official document of the country.

Kajian Hukum Islam tentang Wakaf Material dalam Pembangunan Masjid di Kabupaten Pidie

2024-10-20T03:54:58+00:00

This study aims to examine the culture of waqf among the community in Pidie Regency and to explore the practice of material waqf for mosque construction from the perspective of Islamic law. The research employed a qualitative method with a field study approach, where data were collected through interviews and observations. The findings reveal that waqf plays an important role as a social and economic instrument in Pidie, with the community actively contributing through productive and material waqf, especially for mosque construction. Despite challenges regarding the legal status of material waqf objects in Islamic law, the community continues to participate actively. Movable waqf assets, including cash waqf, are recognized for their greater flexibility and significant social and economic benefits. However, issues related to waqf management and the competence of waqf trustees (nadzir) remain concerns that need to be addressed through education and professional management.

KETAHANAN KELUARGA SEBAGAI FONDASI MASYARAKAT SEJAHTERA

2025-01-28T15:20:11+00:00

Family is the smallest unit of society that plays a strategic role in creating a prosperous civilization. Family resilience becomes an important foundation for the stability and harmony of society. This research aims to explore the four main pillars in strengthening family resilience, namely piety, patience, affection, and adequate livelihood, as well as to identify the main factors triggering divorce, such as early marriage, the presence of a third party, poverty, and lack of religious knowledge. These four pillars serve as guidelines for building a harmonious, stable, and religious family relationship. Taqwa strengthens the family's spiritual connection, patience serves as a foundation in facing conflicts, affection creates strong emotional bonds, and adequate livelihood ensures material well-being. On the other hand, the factors triggering divorce often stem from emotional unpreparedness, economic pressure, and a lack of religious understanding. This research provides practical solutions to address these challenges, including through premarital education, skills training, and enhancing religious understanding within the family. By implementing these strategies, it is hoped that families can become strong bastions that support the creation of a harmonious and prosperous society. In conclusion, family resilience is the key to social sustainability and stability.

ANALISIS PERLINDUNGAN HUKUM TERHADAP DEBITUR GADAI EMAS DI ACEH

2025-01-28T15:18:52+00:00

This research was conducted to analyze and see how the law complies with the concept of gold pawn financing at bank syariah Indonesia Region l Aceh. In the statutory regulations,the sales process and remaining sales of gold pawn financing collateral objects as well as form of legal protection for gold pawn debtors at bank syariah indonesia Region l Aceh when the price of gold decreases at the time of execution of the pawn object. The analytical method used in this research is empirical normative research, using a statutory approach and a conceptual approach and qualitative analysis. The results of this research indicate that the implementation of the gold pawn financing law at Bank syariah Indonesia is in accordance with the Fatwa of the National Sharia Council of the Indonesian Ulema Council Number 26/DSN-MUI/III/2002 concerning Gold Rahn and the DSN MUI Fatwa Number 25/DSN MUI/III/2002 Concerning Rahn; the practice of pledging gold at Bank Syariah Indonesia in Region I Aceh is carried out based on the standard Operating Procedures applicable to the bank with are then listed on the Gold Pawn Proof Letter (SBGE). However, regarding the method of selling gold pawned objects in BSI Region I Aceh, it is not in accordance with the DSN MUI Fatwa, where the practice of selling pawned objects in BSI Region I Aceh is carried out through sales to gold shops, while the DSN MUI Fatwa regulates the process of selling pawned objects through an auction process. Sharia however, it does not directly violate elements of sharia because it does not violate either.