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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 6 Documents
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Search results for , issue "Vol 4, No 2 (2021)" : 6 Documents clear
KAIDAH FIKIH: SEJARAH DAN PEMIKIRAN EMPAT MAZHAB Sandy Rizki Febriadi Sanusi
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 4, No 2 (2021)
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.v4i2.6809

Abstract

The rules in Islamic science which have a systematic form and cover the laws under its auspices aim to make it easier for mujtahids to respond to current problems. The rules of fiqh are arranged in a certain period of time. These rules were only compiled systematically at a later date in accordance with developments and growth ijtihad among experts and founders of schools. This study aims to: first, describe and explain the benefits of fiqh rules. Second, knowing the history of the development of jurisprudence. Third, describe the fiqh rules according to the four schools of thought and the levelization of fiqh rules. This research is a qualitative research with a descriptive analysis study that uses a library research approach. The result of the research is that the rules of fiqh are something that is global or universal which can include certain things. Second, the history of the development of fiqh can be divided into three periods, namely, the period of formation and, the period of development and preparation, and the growth of the period of improvement. Third, the jurists of the four schools of law say that the rules of fiqh can be used as a source of Islamic law and can be applied to contemporary problems. The problems that arise between the four schools of law make the rules of fiqh an independent argument without being supported by the Qur'an and Sunnah. When the rules of fiqh are not supported by these two main sources, the scholars do not use them as a source of Islamic law. Keywords: Rules, Law, Jurisprudence, Islam. 
PEMBATAS KHALWAT DIRUNUT DARI AYAT-AYAT AL-QURAN: KAJIAN TAFSIR MAUḌŪ`IY BERDASARKAN URUTAN TURUNNYA SURAT Yayan Musthofa; Roem Rowi
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 4, No 2 (2021)
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.v4i2.6967

Abstract

Khalwat between couples, both those who are related by blood or who are not; physically long-distant relationships or close ones like the servant’s routine often ignored by moslems. This relationship is considered to have continued for forefathers, without any awareness and knowing deeply obout this relationships in view of Islam, although this religion (Al-Quran) already give the borders between its to keep privacy and honor to each person who believe. The studies use library research with maudū’iy interpretation approach, which is classifying Al-Quran verses related to the discussion of khalwat in fiqh and tafsir books. Then falsified sort, and selected which are more touching on the topic of discussion. From several verses that have been selected then analyzed to produce conclusion. This study concludes there are three barriers (hijab, septum, or veils) that separate the couples non-marriage. These mandatory barriers are hijab, sense, and times. Keywords: khalwat, hijab (veils), , mauḍū’iy, interpretations.
ANTARA INDUSTRI KREATIF DAN PARIWISATA HALAL DALAM PERSPEKTIF HUKUM (STUDI KASUS KOTA SEMARANG) Andi Fariana; Krishna Ihza Mahendra
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 4, No 2 (2021)
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.v4i2.8432

Abstract

The creative industry is one of the sectors that can support halal tourism, so it is difficult to separate the creative industry from tourism. The purpose of this study is to explore how laws and regulations (including regional regulations) provide support to develop the great potential that exists in the creative and tourism industries. Constitution number 10 of 2009 about Tourism, Constitution number 24 of 2019 about the Creative Economy and Constitution number 11 of 2021 about Job Creation have become the legal coverage for Regional Governments to develop tourism and creative industries in their regions. Central Java, where the city of Semarang as one of the halal tourism destinations has taken the right step by issuing Regional Regulation Number 10 of 2012 about the Master Plan for Tourism Development and Regional Regulation Number 5 of 2021 about Creative Economy Development, to support the existing Regional Regulations, various other policies that are more operational in nature so that there is an acceleration in the development of the creative industry and halal tourism and in the end can increase the economic growth of the community. Keywords: creative, industry, halal, tourism, law.
PANDEMI COVID-19 SEBAGAI UPAYA PENCEGAHAN KEPAILITAN DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Liza Dzulhijjah; Fahmi Fatwa Rosyadi Satria Hamdani; Asep Hakim Zakiran
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 4, No 2 (2021)
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.v4i2.8426

Abstract

Experts argue that Covid-19 can be categorized as an overmacht so it can be used as a basis for business actors to renegotiate regarding delays in paying their debts to creditors. However, the policies and circumstances mentioned above are not positively proportional to the high number of companies filed for bankruptcy in the Commercial Court during the pandemic. This raises its own problems which on the one hand Covid-19 can be used as a reason for delaying debt payments, but on the other hand it does not prevent the filing of a bankruptcy application for a corporate entity. The purpose of this study is to identify and analyze Covid-19 as an overmacht in a debt agreement as an effort to prevent bankruptcy from the perspective of positive law and Islamic law. This study uses a qualitative research method with a normative juridical approach in which researchers examine theories, concepts, or legal principles related to overmacht in bankruptcy. The results of this study indicate that the overmacht caused by the Covid-19 pandemic and the implementation of Government policies related to the Covid-19 response cannot prevent debtor bankruptcy from both a positive legal perspective and Islamic law. This is closely related to the bankruptcy requirements both in the KPKPU Law and the opinion of the majority of ulama.Keywords: Covid-19, Overmacht, Bankruptcy.
ASPEK HUKUM PASAR MODAL SYARIAH DI INDONESIA Redi Hadiyanto; Lina Pusvisasari
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 4, No 2 (2021)
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.v4i2.8436

Abstract

Along with the development of the times in the capital market experienced several developments such as the existence of the Islamic capital market. Indonesia is one of the countries that has developed a sharia capital market, therefore the role of the government and MUI should be to make legal regulations that regulate and become the basis for capital market activities so that they are in line with sharia principles so that as Indonesian Muslims it is important to know and apply them. This study aims to analyze the legal aspects of the Islamic capital market in Indonesia. The method used in this study is a normative juridical research method with a qualitative approach, analyzing the laws and concepts of the Islamic capital market in Islamic law. The results of the study show that in Indonesia the Islamic capital market was officially launched on March 14, 2003 along with the signing of the MoU and BAPEPAM-LK with the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). In 2003, the DSN-MUI issued a fatwa regarding the permissibility of transactions in the capital market as long as the mechanism and object did not conflict with sharia principles. The fatwas issued by the DSN relate to the general provisions of the sharia capital market, its principles, issuers issuing sharia securities, criteria and types of sharia securities, prohibited transactions and determination of share prices.Keywords: Sharia Capital Market, Sharia Capital Market Law
KETAHANAN KELUARGA DI MASA PANDEMI COVID 19 DIHUBUNGKAN DENGAN UNDANG-UNDANG DAN MAQASHID SYARIAH Yandi Maryandi; Shindu Irwansyah; TB Hadi Sutikna
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 4, No 2 (2021)
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.v4i2.8304

Abstract

Family resilience is a family condition that has tenacity and toughness and contains physical and material abilities in order to live independently and develop themselves and their families to live harmoniously in increasing physical and spiritual well-being and happiness. To deal with this cultural attack of globalization coupled with the COVID-19 pandemic crisis which resulted in many impacts on divorce, it is necessary to have good family resilience and the quality of religious education applied in social life. Family resilience is the key to successful development in a country that will have an impact on national resilience and the sustainability of a nation. The formulation of the problem is summarized in the objectives of this study, namely; To know the concept of family resilience according to Indonesian law and Maqashid Syari'ah, as well as to find the right solution and form of family resilience during the COVID-19 pandemic to avoid division and divorce. From this research, the long-term goal is to be able to regenerate the spirit of maintaining family resilience in an increasingly massive era of globalization, with the support of the government and religious education, it is hoped that the quality of family resilience will be better. The research methodology used is a qualitative research method through literature study, with normative juridical research and secondary data sources collected by documentary and interview methods and then analyzed descriptively qualitatively so that the level of synchronization, appropriateness of norms, and so on are known.

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