Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam

PENERAPAN SANKSI ADAT TERHADAP TINDAK LANJUT PIDANA PENCURIAN TERNAK

Safriadi Safriadi — Sat, 25 Jul 2020 00:00:00 +0000

This research aims to find out the form of customary sanctions against the perpetrators
of cattle theft crimes and obstacles in the application of customary sanctions against
the criminal follow-up of theft as well as the view of Islamic law towards the
mechanism of the lifting of customary sanctions for the perpetrators of theft crimes in
Simpang Tiga Sub-district. The method used in this study is a qualitative method in the
collection of author data using library research methods and field research methods.
The results showed that the form of customary sanctions against the perpetrators of
the crime of theft of livestock in is to use customary law, and the provision of sanctions
against the perpetrators of the crime of theft of livestock based on village deliberations
with indigenous figures after the process of arresting the perpetrator of the theft of
livestock is given advice, reprimand, perpetrators make apology statements to the
victim, as well as compensate all losses from the theft. The obstacles in the application
of customary sanctions against perpetrators of the criminal follow-up of cattle theft
are the low understanding of the community towards indigenous law, the lack of
understanding of the basic duties and functions, not the people who understand about
the customary law, the absence of certain community groups who do not want to accept
the ruling of customary law, and the lightness of customary sanctions against the
perpetrators of theft crimes. The view of Islamic law towards the mechanism of
sentencing of customary sanctions for perpetrators of minor theft crimes with the
punishment of advice, reprimand, penalty of fines through deliberation and kinship is
not contrary to Islamic law.

NAFKAH SUAMI FAKIR DALAM KONTEK KEKINIAN

Nasaiy Aziz, Suheri — Fri, 24 Jul 2020 00:00:00 +0000

Fuqha' agreed to stipulate that the husband's living responsibilities in the family are
adjusted to his ability and also released taanggung his responsibilities due to his
fact. They differed in their views around whether the living was used as a debt to be
paid when he could afford it. This paper specifically aims to know the Maliki sect's
view of the husband's living responsibilities and their consequences and their
relevance to the consctice ofkenianness. The Maliki sect is of the view, the husband's
living is lost and does not become a debt to be paid when he is able and a new judge
may divorce them based on the wife's lawsuit because of his fact. The opinion of the
Maliki sect tends to be appropriate and relevant to the current kontek. In the sense
of living the husband of the poor does not have to be a debt and the reality of society
today does not burden the husband of the poor to spend it and also does not make
the utaang to be paid when the husband can afford.

SISTEM PENGUPAHAN PEKERJA PADA USAHA KERUPUK MULIENG DI KABUPATEN PIDIE

Safwan — Fri, 24 Jul 2020 00:00:00 +0000

This research aims to examine how the system of hired mulieng cracker business
workers in Pidie Regency as well as the islamic economic review related to it. To
that end, the author conducted interviews with mulieng cracker workers and
entrepreneurs. The writing of this thesis uses a descriptive method of analysis, and
the results of the data obtained are qualitatively analyzed. The results showed that
the wage system for workers based on habits that have been in force since hereditary
in the area, where employers provide workers wages ranging from Rp. 12,000 to
17000 per bamboo. The wage system applied by employers to their workers is not
all in accordance with the wage system in the view of the Islamic economy, because
it has not been able to meet the needs of their daily lives. Whereas Islam has
regulated the wage system using three principles, namely the principle of justice, the
principle of worthiness and the principle of virtue. Therefore, it can be concluded
that the system of hired workers of mulieng cracker business workers has not fulfilled
the principles of feasibility and virtue well. However, the authors suggest that the
government continues to work to increase concern for mulieng cracker workers,
especially arrangements on fair and adequate workers' wages, so as not to harm
both employers and workers..

PENERAPAN SANKSI PIDANA ADAT BAGI PELAKU PENCURIAN MENURUT HUKUM ISLAM DAN POSITIF

Khairilina — Fri, 24 Jul 2020 00:00:00 +0000

Theft is one of the wrongdoings, which is strictly prohibited either by shari'ah, positive
written law or unwritten customary law, because the act is detrimental to the lives of
others. The purpose of this research is to look for answers to the main problem, namely
how the customary law of Village in Aceh in solving theft, is the punishment of theft
applied by Village traditional leaders in Indrajaya Pidie District in accordance with
Islamic law. To answer these questions, the authors use the method of library research
and field research through interview research techniques. The sample of the author's
research is the village. The results showed that in the Villages in Indrajaya in resolving
theft cases put forward traditional law. Settlement of theft disputes through
deliberation, justice, promoting honesty, and not taking sides with either party. If the
theft is committed by the children, the person responsible is the child's parents. If the
theft is below the value of 1,000,000 (one million rupiahs), then it is resolved in the
traditional village, which has various types of sanctions, whether in the form of advice,
reprimands, compensation, statements of apology in front of the crowd at the Small
Park or Mosque, ostracized by the village community, revocation of customary titles,
as well as referrals. If the theft is above 10,000,000 (ten million rupiah), it will be
taken to the police.

TADLIS DALAM JUAL BELI

Hasan Syazali — Fri, 24 Jul 2020 00:00:00 +0000

Every person in maintaining his life a variety of activities carried out, one of which is
very common activities they do is buying and selling. Sale and purchase contained in
the community are very diverse in types, in the practice of buying and selling, each
seller always puts forward the maximum profit, a variety of ways they do. One trait
that is not praiseworthy about the seller is Tadlis. Tadlis is Hiding the defect of an
item that one party (the seller) knows about, but does not inform the buyer. In trade
the occurrence of exchange of interests as profit without doing unauthorized emphasis
or acts of fraud against other groups. This is strictly prohibited in Islam because it
contains an element of deception. Tadlis practice in buying and selling that occurs in
the sale of goods does not explain in detail related to the condition of the goods,
whether the goods are still good or not, besides that some buyers do not know the
quality or quantity of goods, in the sale of fish/meat there is a mixing of fish/meat
between qualities good and bad found in fish/meat piled up by traders as bad fish/meat
is placed under fresh meat. Therefore, business practices carried out by someone by
hiding information on buying and selling transactions (transactions that contain
something that is not known by one party). Factors of occurrence of Tadlis in the sale
of fish/meat in Pidie Market, Pidie Regency is profit factor, between sellers and buyers
not doing khiyar during the sale and purchase transaction, there is no agreement
between the seller and buyer, environmental factors, customs factors, economic
factors, internal factors, and external factors.

MEMBANGUN KELUARGA YANG SEJAHTERA, DAMAI DAN BERTAKWA

Fajarwati — Fri, 24 Jul 2020 00:00:00 +0000

Every couple desires a prosperous, peaceful and godfearing home. Let a family create
a household as the Prophet (peace and blessings of Allaah be upon him) suggested.
With the creation of a household like this, every family member will feel happy, happy,
safe, loving each other, looking after each other. Every family member is always called
to go home, because the house is not just a shelter when it is raining and hot. But the
house is a place of calming the restless heart, a place of family coaching and a place
to cultivate inner bonds between its inhabitants. That way arranges the household so
beautifully to please all the family members.

KEDUDUKAN ISTRI YANG DINIKAHI SECARA SIRI MENURUT HUKUM PERDATA DAN HUKUM ISLAM DALAM MEMPEROLEH HAK WARIS

Bonita Izwany, Muhammad Herry Syahputra — Fri, 24 Jul 2020 00:00:00 +0000

The purpose of this research is to find out the rights and positions of married wives in
series in obtaining inheritance, the rights of married wives in series according to the
Civil Law and Islamic Law that apply mainly based on the perspective of Civil Law
and Islamic Law, and the legal impact arising from siri marriage in obtaining
inheritance. To obtain data in writing this thesis, literature research was conducted.
The results of the study are known that the position of the married wife in series
according to the provisions of Civil Law and Islamic Law in promo tinging the right
of inheritance is weak. Both Civil Law and Islamic Law have similarities and
differences between the two legal systems, especially regarding the rights of married
wives in series. The negative impact of siri marriage is very influential for wife and
son not to mention the impacts that will be inflicted in the long run. It is recommended
to create a legal and administrative order, so that the couple who want to perform the
marriage in accordance with the provisions of religion and the prevailing laws and
regulations so that there are no problems that will arise in the future. to the
government to vigorously socialize the benefits of marriage recording and the impact
of siri marriage especially on wives and children.

MAQASID AL-SYARI’AH (AL-DHARURIYAT, AL-TAHSINIYAT, AL-HAJIYAT)

Muhammad Mahmud — Fri, 24 Jul 2020 00:00:00 +0000

Maqashid al-syari'ah is al-ma'ani allati syuri'at laha al-ahkam (value content which
is the purpose of law enforcement). Observing the three levels mentioned above, it can
be said that for the level of daruriyyat, then in ushul fiqh it is categorized as amulet.
At the hajiyyat level, it is categorized as rukhshah. Where as at the tahsiniyyat level,
it is in the form of a complement which may contain elements of local customs (‘urf).
The level of application of maqashid al-syari'ah in a legal provision is still based on
the priority level which is considered standard. Unless it collides at the daruriyyat
level, between maintaining religion at the first level and caring for the soul at the
second level, then the form of solution can prioritize the safety of the soul. After the
needs of dharuriyat and hajiyat are met, (by still prioritizing dharuriyat needs over
hajiyat), then it is permissible to meet the needs of tahsiniyat, however, with the
requirements, namely, if the primary and second needs are met without reducing the
purpose of Allah and the servant.