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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 2 (2020)" : 8 Documents clear
TINJAUAN HUKUM ISLAM TERHADAP FASILITATOR PERBUATAN ZINA Dudi Badruzaman
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6367

Abstract

ABSTRACTAdultery is now not just an individual act anymore, but has become an "industry" with localization both legal and illegal. In this case many actors are involved in it such as the presence of pimps, sex brokers, providers of places, delivery people, etc. They can be referred to as the facilitator of adultery / obscenity, in addition to the adulterer itself. The purpose of this study is to find out the views of jurisprudence fiqh towards facilitators of assault and sanctions for them. , this study shows that the facilitators of immoral acts are jarimah acts and are included in ta'zir jarimah's part. Judging from the concept of participation, the facilitator of obscene acts includes participating indirectly and depending on the case, can by way of agreement, inciting (ordering), or giving assistance. The sanction for the facilitator of this obscene act is the sanction of ta'zir, the light weight become state rights in accordance with the demands of benefit.Keywords: Islamic Law, facilitator, Zina. 
TRADISI PEMINANGAN DAN WALĪMAT AL-‘URS MASYARAKAT MUSLIM SUKU MARIND PAPUA KABUPATEN MERAUKE PERSPEKTIF AKULTURASI BUDAYA Amri Gede
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6563

Abstract

Culture of Marind Tribe in Papua has been preserved for a long time to this day. For example, tradition of marriage proposal and the wedding ceremony. Marind people believe in Islam as a religion for them. Therefore, there is an acculturation process in presenting the practice of the tradition. This study examined the tradition of marriage proposal and walīmat al-'urs of the Marind Muslim society in an overview of cultural acculturation. Qualitative research was used during the research process. In-depth observation and interview were applied during data collection. This study showed that the Marind Muslim people still use the old way of respecting the tradition and minority of Muslim in the family, the execution of mixed-cultured traditions between the two cultures, and the elimination of tradition. While the occurrence of the process of cultural acculturation experienced by the Marind people against the tradition of marriage proposal and wedding ceremony. Therefore, a new tradition in Marind Muslim people has arisen. The result also showed that the Marind Muslim people adhere to the traditions that prioritize the appreciation and practice with the content of the value of the traditional culture. However, on the other hand, it also fulfills all matters pertaining to the Shari'a in Islamic culture. The occurrence of cultural contact between Marind tradition and religion, according to this study, it did not indicate a process of rejection. Keyword:  Marriage Proposal, Walīmat al-'urs (Wedding Ceremony), Marind Tribe, Cultural Acculturation.  
TINJAUAN FIKIH WAKAF DAN UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF TERHADAP PENGELOLAAN WAKAF UANG OLEH YAYASAN TENDA VISI INDONESIA Amrullah Hayatudin; Muhammad Andri Ibrahim; Ghina Nabila Ramadhanty
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6453

Abstract

ABSTRACTToday many non-endowments institutions that receive and manage endowments of money include the Tenda Visi Indonesia Foundation (TEVIS). The TEVIS Foundation manages and distributes it according to its programs. So, this article was conducted by the author to find out the management of waqf money according to waqf fiqh and Indonesian Law Number 41 of 2004 concerning endowments, as well as the suitability of the management of endowments in money at the Tenda Visi Indonesia foundation with the concept of waqf money and Law No. 41 of 2004 concerning endowments. The method in this study is a qualitative method with a normative juridical approach, the type of research is field research using field data collection methods with observation, interviews, and also literature studies. The results of the study concluded that: first, the management of cash waqf according to fiqh only be distributed to what is permitted sharply according to law No. 41 of the management of cash waqf is carried out on banking products. Second, cash waqf management conducted by the TEVIS foundation is carried out in the real sector. Third, the management of cash waqf carried out by the TEVIS foundation was under fiqh waqf and according to Law No. 41 of 2004 concerning waqf, there is a discrepancy because of the TEVIS foundation doesn’t register its money to the minister and its management doesn’t go through banking product. Keywords: Fiqh of Waqf, Law No. 41 of 2004, Endowments of Money.
BERAKHIRNYA PERJANJIAN PERSPEKTIF HUKUM ISLAM DAN HUKUM PERDATA Zumrotul Wahidah
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6435

Abstract

ABSTRACTAgreement is a law relationship which one binds one or more people that cause law consequence. The agreement would be carried out in accordance and it is appropriate by contract that was agreed upon Islamic law or civil law. Agreement of Islamic law are called sharia agreement that implementation systems embrace sharia principle. While agreements of civil law are called conventional agreement that the implementation systems embrace civil law. Every agreement would be raised the rights and obligation of each parties. If the agreement have been fulfiilled or not that caused by deviations. It results bot Islamic or civil law become extinct, it is appropriate with the agreement made by the parties. There is a difference at the end of the agreement in sharia and conventional, it provides a concept for interpreneurs in the field of economics at the sharia or conventional financial institutions which have developed rapidly at this time.Key Words: The End Of Agreement, Islamic Law, Civil Law. 
IMPLEMENTASI HUKUM WARIS PADA MASYARAKAT ADAT MANDAILING PERANTAUAN (STUDI PADA PARDOMUAN MUSLIM SUMATERA UTARA KOTA PALANGKA RAYA) Nia Kurniati Hasibuan
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6562

Abstract

ABSTRACTThe implementation of customary inheritance law in Indonesia is very dependent on the defeat applied in indigenous peoples and determines one's position in adat. The Mandailing indigenous community with a patrilineal kinship system applies a system of inheritance only to boys and is only a gift for women or inheritance if a will is available beforehand. The study uses empirical judicial and analytical descriptive methods with observational research methods and interviews with the Chairperson of North Sumatra Muslim Pardomuan (PMSU) and also the main respondents to reach general conclusions. Responding to the Mandailing community per supervision of Palangka Raya City which is incorporated in the Palangkaraya City PMSU applies Islamic inheritance law so that the patrilineal system does not apply to Mandailing indigenous people per supervision and assets are not given only to boys, but daughters of Islamic inheritance, although including the fact that one respondent's family gave up the inheritance to be managed by the sons of seven siblings and used it for the benefit of all, and the delegation began with the distribution of inheritance by Islamic law. Finally, the implementation of customary inheritance law in Mandailing customary tribe per monitoring is still based on Islamic inheritance law. The influence of Islam inherent in the Mandailing indigenous people per the main factor determining their decision in taking Islamic rules in their inheritance system. Keyword: Inheritance Law and Mandailing Customary 
LARANGAN PERKAWINAN SEPERSUSUAN DITINJAU DARI PERSPEKTIF HUKUM ISLAM DAN MEDIS Fahrul Fauzi
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6352

Abstract

ABSTRACTIslam considers that marriage is not a relationship like an ordinary civil contract but a very strong contract or a solid agreement (mitsaaqaan ghaliizhaan). Marriage must pay attention to harmony, conditions, and restrictions so that it can be said to be legal according to the law. One limitation that needs to be considered is the prohibition of the marriage of susuan relations (one breastfeed). The prohibition of the marriage of susuan relations stipulated by Allah in the Qur'an verse must have scientific reasons. This article discusses the prohibition of the marriages of susuan relations in terms of Islamic law and medical aspects. Review of Islamic Law to find out how the limits so that someone can be said as a susuan relations. While a medical review is needed to uncover the scientific reasons why the prohibition of the marriage of susuan relations is prohibited by Allah. In this study, the author uses a normative juridical approach by analyzing secondary data, this research can also be said as a library research. This research approach is supported by using descriptive qualitative analysis methods. Keywords: Marriage Prohibition, Susuan Relations, Islamic Law, Medical 
HUKUMAN MATI BAGI TERPIDANA NARKOBA MENURUT HUKUM POSITIF DAN HUKUM PIDANA ISLAM Yandi Maryandi
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6545

Abstract

ABSTRACTIn Indonesia, provisions regarding criminal acts are regulated by Law Number 35 of 2009 concerning Narcotics and Law Number 5 of 1997 concerning Psychotropics. In this Law, there are several criminal sanctions for criminals, such as imprisonment, fines and capital punishment. Regarding criminal sanctions (one of which is in Number 35 of 2009 concerning Narcotics) there are pros and cons from experts regarding this matter. One of the most severe forms of death penalty and has been debated for hundreds of years by criminal law and criminology experts. Narcotics in the context of Islamic law is a matter of ijtihâdî, because drugs do not enter directly into their prohibition by the texts of either the Al-Qur'an or al-Sunnah, and were not known at the time of the Prophet Muhammad at that time who were in the community from khamr drinkers. The research objective is to find out about the sanctions for the perpetrators of drug crime from the perspective of positive law and Islamic criminal law. The research methodology used is qualitative research through literature study, with the type of juridical normative research. The application of criminal sanctions given to manufacturers, dealers and dealers in accordance with Law No.35 of 2009 on Narcotics. The law on narcotics is haram as well as related to the haram of khamr, one of the penal sanctions is the death penalty using the hirabah approach because of the effects of narcotics from all aspects. Keywords: Drugs, Criminal Death, Islamic Criminal 
MENELISIK DINAMIKA DAN EKSISTENSI FATWA MUI SEBAGAI UPAYA MITIGASI PANDEMI COVID-19 Abdur Rahman Adi Saputera
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 2 (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.v3i2.6569

Abstract

ABSTRACTThis research is designed in the form of research (Library Research) using various sources of literature as a source of research data, with the aim of investigating and analyzing the values of the existence of the MUI Fatwa in an effort to mitigate Covid-19 which is becoming increasingly rampant. This study also applies a descriptive-normative approach because it is aimed at describing the pandemic and the existence of Fatwa as a real phenomenon, which gives birth to various dynamics and social responses in the community, and departs from the building of primary and secondary data sources as support, from the data collected through documents. which is inter-correlative and a review of social realities in society, the author tries to analyze it through the Descriptive Analytic Method Content process as an analysis knife. The results show that, in fact, the role and influence of the MUI fatwa during the pandemic as a form of mitigating Covid-19 are ideal and strategic steps. Even though at the beginning of its existence, the Pandemic Fatwa experienced various kinds of dynamics, such as conflicts and so on. But in the end, it got a responsive reaction from all circles, because in principle, the existence of the fatwa is an essential form of alternatives and solutions in creating a more progressive, realistic, dynamic, and contextualist religious and religious pattern, which at the same time displays the face of Islamic Law which is rahmatan lil. alamin sholihul likulli wal eat. Keywords: Dynamics, Existence, MUI Fatwa, Covid-19

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