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Siska Lis Sulistiani
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Fakultas Syariah, Universitas Islam Bandung Gedung Dekanat lantai 1, Jalan Taman sari No. 24-26 Kota Bandung, Jawa Barat, Indonesia
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Tahkim (Jurnal Peradaban dan Hukum Islam)
Published by Universitas Islam Bandung
ISSN : 25981129     EISSN : 25977962     DOI : https://doi.org/10.29313/tahkim.v4i1.6844
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
hukum keluarga islam, Sejarah, hukum perdata Islam, hukum pidana islam, hukum ekonomi Islam, fiqh-ushul fiqh, kaedah fiqhiyah, masail fiqhiyah, tafsir hadis ahkam ataupun hasil penelitian yang relevan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 3, No 1 (2020)" : 8 Documents clear
PENYELESAIAN SENGKETA EKONOMI SYARIAH MENJADI KEWENANGAN PENGADILAN AGAMA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOM0R 93/PUU-X/2012 Redi Hadiyanto
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5644

Abstract

ABSTRACTThis research is motivated by the phenomenon of the Sharia Economic Dispute Settlement which could initially be resolved in a religious court also in the general court. There is no legal certainty. While the legal certainty of each citizen is guaranteed and regulated in the 1945 constitution article 28D paragraph (1), in that article states that the state guarantees the legal certainty of each citizen. The purpose of this study is to understand about the elimination of the explanation of article 55 paragraph 2 of law number 21 years, to reassure the certainty of the law, then law number 21 of 2008 must be tested materially to the Constitutional Court to guarantee the legal certainty of every citizen. The method used in this research is content analysis, namely analyzing the Constitutional Court Decision Number 93 / PUU-X / 2012. In addition, this research also uses sociological and normative-juridical approach. The results showed that the Constitutional Court granted the material test petition submitted by the petitioners, with the result of Constitutional Court decision number 93 / PUU-X / 2012, that the explanation of article 55 paragraph 2 of law number 21 of 2008 was abolished because it did not guarantee the legal certainty of every citizen country. So that after the ruling of the constitutional court is ratified, the Sharia Economic Dispute Settlement case becomes the absolute authority of the religious court, it cannot be processed and decided outside the religious court.Keywords: Sharia Economic Dispute Settlement, Religious Courts 
ANALISIS FIKIH WAKAF DAN UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF TERHADAP PEROLEHAN HAK NADZIR PADA PENGELOLAAN WAKAF UANG NADZIR INDIVIDU DIKAMPUNG TAPOS CIKALONG WETAN Ifa Hanifia Senjiati; Siska Lis Sulistiani; Muhammad Fikri Rais Mubarok
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5661

Abstract

The development of waqf is now empowered in the form of money asets called waqf money. Money asets can be managed for productive businesses — one of the firms in the field of animal husbandry. However, in Tapos Cikalong Wetan Village, there is control over the results of money waqf management. In which the profit is controlled by nadzir completely. Whereas, based on Constitution No. 41 of 2004 concerning Nadzir's Waqf, it is only entitled to get 10%. The research method used in this study was qualitative with a normative juridical approach. Primary data sources were interviews with wakif and nazhir in Cikalong Wetan Village, and secondary data were journals, books, and other literature. Data analysis was fiqih waqf comparisons, and Constitution Number 41 with in the field then verified then concluding. The result of this study showed that, First, Analysis of Fiqih Waqaf and Constitution Number 41 concerning the obtaining nadzir rights were permitted to take profits in the amount of not more than 10%. Second, the management of money waqf in Tapos Cikalong Wetan Village controlled all the results of productive waqf. Third, Analysis of Fiqih Waqaf and Constitution Number 41, nadzir in Tapos Cikalong Wetan Village had not obeyed the rules that have been determined regarding the wages of nadzir.Keywords: Money Waqf, Nadzir, Constitution.
PRO DAN KONTRA SERTIFIKASI PERNIKAHAN Intan Nurrachmi; Neng Dewi Himayasari
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5618

Abstract

ABSTRACTPre-marriage counseling programs or so-called bride-to-be courses can be organized by the Ministry of Religion, the Office of Religious Affairs or Agencies and Institutions that have been established by the Ministry of Religion. This guidance aims to provide knowledge about Islamic sharia in domestic life in order to reach families who are confident in mawaddah warahmah. This research is motivated by the Decree of the Director General of Islamic Community Guidance Number. 373 of 2017 concerning Technical Guidance for Marriage Guidance for Prospective Brides. In these rules only contain material / technical / managerial without any binding legal substance so that the phenomenon is now the pros and cons of the imposition of pre-marital certificate obligations in the requirements of marriage registration. This research is qualitative research with descriptive normative analysis studies. The approach used in this research is library research and field research, from this research that is as a journal so that it can be a source of reference about the pros and cons polemics of the validity of pre-marital certificates both for writing thesis, theses, papers, and journals as well as enriching teaching materials study at Ahwal Syakhsiyyah study program for students. In addition, the results of this study are expected to be used as a reference and benchmark for law enforcement and the community in assessing policy Keywords : Marriage,  Prenuptial Certificate, Islamic Sharia
ANALISIS FATWA (MUI) NO:106/DSN-MUI/X/2016 TERHADAP IMPLEMENTASI WAKAF ASURANSI DI LEMBAGA PRUDENTIAL INDONESIA Zaini Abdul Malik; Ifa Hanifia Senjiati; Ibnu Muhammad Zibran; sabila azzahra
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5662

Abstract

ABSTRACTInsurance is a form of protection that is present either from the private sector or the government. One way of coverage in Indonesia is the Prudential institution. Prudential comes as an insurance option in which there is a waqf system. Asur waqf that serves for the overall benefit (virtue) of the people. The results show that Prudential comes with a variety of waqf insurance products with all applicable provisions, and is implemented on Islamic principles. The MUI fatwa analysis No. 106 of 2016 performed at the Prudential Insurance Institute found that discrepancies. Regarding endowment, up to 95% applies to the filing of new policies on PSBG and PSIA starting on January 10, 2019, with the condition that the leading participants have existing (conventional and sharia) systems that are still active. This action is not following fatwa no.106 / DSN-MUI / X / 2016, where insurance benefits may e represented at most 45% of the total insurance benefits.Keywords: Waqf, insurance policy, fatwa. 
PENERAPAN KAIDAH-KAIDAH FIQIH DALAM TRANSAKSI EKONOMI DI LEMBAGA KEUANGAN SYARIAH Iwan Permana
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5617

Abstract

ABSTRACT The principles of fiqh are born from the Qur'an, al-hadith, and ijma'. The principles of jurisprudence were born with the aim of establishing Islamic law in new issues that continue to develop along with the times, especially in economic transactions or muamalah maliyah which is always developing in Islamic financial institutions. Thus the principles of fiqh are the products of ijtihad and are generalizations of fiqh themes that are spread among the school of ulemas. The existence of the rules of fiqh is a necessity to obtain the ease of knowing contemporary laws, especially economic issues, many of which do not have a sharîh text (a definite proposition) in the Qur'an or hadith. Similarly, to make it easier to master the problems of furu'iyyah (branches) that continue to grow and countless, especially in economic problems that develop in Islamic financial institutions. Keywords: Transactions, Economy, Rules, fiqh
KEADILAN DAN KESETARAAN GENDER UNTUK PARA PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA (KDRT) Dudi Badruzaman
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5558

Abstract

 Forms of violence against women still occur in many places where women are always associated as marginalized groups that are discriminated against, oppressed, and subordinated to male domination. This study aims to 1). Why domestic violence still often occurs in many places in Indonesia even though legislation has been made to protect women's rights. 2). With the analysis of these questions, what should be done in order to reduce violence and provide justice for women in Indonesia. The method used by data collection techniques with literature study methods. And then collected from the reports of relevant agencies such as the National Commission on Violence Against Women, and scientific books that conduct similar studies, these secondary data are then interpreted qualitatively and supported by several scientific concepts and theories that have been put forward previously as a knife of analysis. This paper is expected to be able to raise awareness of the issue of violence against women in academic studies and provide an analysis and analysis of this issue.Keywords: Justice; gender equality; women.  
TINJAUAN TAFSIR AHKAM TENTANG PARIWISATA SYARIAH Lina Pusvisasari
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5642

Abstract

ABSTRACTThe world of tourism today is very sad due to its negative impacts, such as promiscuity, alcoholism, drug trafficking, and so on. Tourism observers continue to make inroads, so that the development of tourism in Indonesia can have a positive impact on people's lives. including developing a type of halal tourism or sharia tourism. The purpose of this study provides an overview of the Al-Quran and Sunnah about tourism based on sharia principles, both related to recommendations, goals, ethics, basic principles of Islam and management of Islamic tourism so that in the future sharia tourism will become part of the mental and spiritual education process of the Muslim community. The method used in this study is a normative qualitative method which is a study to solve a problem that basically relies on critical and in-depth review of relevant library materials. The results of this study are also expected to make a positive contribution to the government in this case the Ministry of Tourism and Culture both at the district / city, provincial and national levels in order to develop sharia tourism in Indonesia. Keywords:  al-Quran, al-Sunnah, Tourism.
ANALISIS HUKUM ISLAM TERHADAP PEMBENTUKAN DAERAH OTONOM BARU SEBAGAI UPAYA MENINGKATKAN KESEJAHTERAAN MASYARAKAT Anwar Hidayat
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5660

Abstract

 Islam pays attention to the whole order of life, including in matters of state. The purpose of Islamic law in giving birth to the benefit of both the state and society is the mandate of Islamic law. The enactment of the regional autonomy system is a mandate given by the 1945 Constitution of the Second Amendment in 2000 to be implemented based on a law that was formed specifically to regulate regional government. The post-amendment 1945 Constitution lists the problems of regional government in Chapter VI, namely Article 18, Article 18A, and Article 18B. However, because it was considered no longer suitable to the development of the situation, state administration and demands for the implementation of regional autonomy, new rules were formed to replace it. This research is a normative juridical study, to find out Islam's view related to a country's regional autonomy. Keywords: Autonomous Region, Regional Expansion, Social Welfare

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