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Articles 157 Documents
KEKERASAN DALAM RUMAH TANGGA DALAM PERSEPSI TOKOH AGAMA ISLAM DI PULAU AMBON Jamaa, La; Rahman, Gazali
TAHKIM Vol 13, No 2 (2017): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v13i2.370

Abstract

This paper examines issues of domestic violence in the perception of Islamic religious leaders on the island of Ambon. The problems in this paper are how the forms, perpetrators, and victims of domestic violence, which are dominant in society. Data were collected through interviews, and analyzed qualitatively descriptively. The result of the research shows that according to the perception of Islamic religious figure on the island of Ambon, the dominant form of domestic violence in society is physical violence which is often done by husband, or psychic violence done by wife to husband. Domestic violence perpetrators dominated by husbands or parents. While the vulnerable to become victims of domestic violence is the wife and children. It is relevant to the theory of power relations, nature theory, nurture theory and patriarchal ideology that is still dominant in society.
HUKUM DAN PERUBAHAN SOSIAL (KAJIAN SOSIOLOGI HUKUM) Salam, Samsir
TAHKIM Vol 11, No 1 (2015)
Publisher : TAHKIM

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Abstract

Simple and modern society urgently need a legal system that regulate the interaction between one another. Organized community life based on social norms and regulations established institutional. However, other forms of social life does not always run normally in accordance with social norms and regulations existing institutional. Thus social change is a necessity in society. Social change is closely related to the law. Law has a very close correlation with social change as between law and social change have interdependencies. On the one hand, the social changes must be in line with the rules of law, and on the other hand, precisely the rules of law which must conform to certain social changes. Keywords: law, social change
Implementasi Undang-Undang RI Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan (Studi di Kota Ambon) Rahawarin, Fauzia
TAHKIM Vol 12, No 2 (2016)
Publisher : TAHKIM

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Abstract

This study on the application of traffic laws aimed to determine the implementation of Law No. 22 of 2009 on traffic and road transport as well as the view of sociology of law on the level of compliance, adherence and awareness in the city of Ambon in motorcycle riding. Data were collected through field research and descriptive analysis qualitative. The results showed that the implementation of Law No. 22 Year 2009 regarding Traffic and Road Transportation already applied in the middle of Ambon City community. Unit Resort Police Ambon and PP. Lease disseminate legislation traffic and road transport in all kinds of places such as in schools of the first level or primary school, junior high, and high schools, bases taxis, offices, and campus. But in sociology of law on the level of compliance, adherence and awareness in the city of Ambon in riding motorcycles in traffic is low. Because, still common violations in road traffic, such as pengedara motorcycles were not wearing helmets and carrying no driver's license, vehicle registration, vehicle accessories and do not turn on the lights during the day. Thus the implementation of the Act have not been able to increase compliance and public awareness of the cultural city of Ambon orderly traffic. Keywords: implementation, traffic laws, motorcyclists, violations
PEMBENTUKAN PERATURAN DAERAH YANG BAIK SEBAGAI SARANA MEWUJUDKAN TUJUAN OTONOMI DAERAH Dayanto, Dayanto
TAHKIM Vol 9, No 2 (2013)
Publisher : TAHKIM

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Abstract

The regional regulation is a product of regional legislation in accordance with the scope of regional autonomy in terms of self-regulation on the domestic affairs in the frame of unitary state of Indonesia in accordance with the mandate of regional autonomy as stipulated in the Acts RI No. 32, 2004 on the Regional Government. However, in reality, the establishment practice of regional regulation still shows the existence of regional regulation products which categorized as problematic regional regulation that contradictory to the goals to be achieved by the regional autonomy policy. Therefore, it is necessary formulation of good regional regulation based on the arrangement foundation and a proper preparation. Keywords: regional regulations, regional autonomy
SOSOK UMAR BIN KHAṬṬAB DAN LATAR BELAKANG LAHIRNYA RISALAH AL-QAḌĀ La Daa, La Aludin
TAHKIM Vol 13, No 1 (2017): TAHKIM: JURNAL HUKUM DAN SYARIAH
Publisher : TAHKIM

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Abstract

One of the Muslim caliphs was Umar bin Khattab. In his time, judicial power began to be separated from the executive power. Even the governance of the judiciary has been set up, among others by imprisoning and appointing a number of judges to resolve disputes between members of the community. One form of coaching by the Caliph Umar bin Khaṭṭab to the judges in performing judicial duties is to send letters containing instructions and guidelines to the judges. One of the judges who had been sent a letter related to the administration of justice was Abu Musa Al-Ash'ari who served as a judge in Basra. The letter is known as the message of al-Qaḍā, which is in relation to the existence and position of the judiciary; court decisions must be exercised, principle of objectivity, proof / oath, peace, review, basis / source of law and interpretation of law, witness credibility.
PENERAPAN HUKUM ISLAM DI ACEH TAMIANG: BERDAMAI DENGAN SYARIAT DALAM PLURALITAS SANKSI KHALWAT dan, Fakhrurrazi; Juliandi, Budi
TAHKIM Vol 11, No 1 (2015)
Publisher : TAHKIM

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Abstract

This study explained that Qanun No. 9/2008 of 18 cases were resolved through “village justice” or in accordance with adat (one of which was the case of khalwat) indicated that there wasn’t an explicit command of Aceh government to people in handing over the offence Qanun No. 14/2003 of khalwat to court (Mahkamah Syariah). In addition, Qanun No. 9/2008 indicated that Aceh government could do nothing to resolve the offences like khalwat through court (Mahkamah Syariah). The fact that there was no single (plural) jurisdictional authority encouraged people in looking for favorable rules. The number of khalwat offences weren’t resolved by Mahkamah Syariah by the cane (cambuk), but through traditional institutions by a variety of fine custom, asserting such this assumption. This study asserted Daniel S Lev’s point of view that Islamic law was never been accepted by unanimous anywhere. Islamic law was often modified to suit the local values, accepted, and regarded as Islamic law which derived its validity from the scholars or religious authority. This study also asserted the institutional theory of Gresham which said that a formal process tended to be avoided in order to resolve the dispute through a process which is more family-oriented and more accommodating. This study also criticized the opinion of Alyasa Abu Bakr said, that the completion of seclusion cases through traditional mechanisms will strengthen the enforcement of Islamic law. Instead, this paper put forward the argument that the resolution of these cases through traditional mechanisms seclusion will weaken the enforcement of Islamic law. Keywords: legal pluralism, fine custom, cane, khalwat
ISU-ISU KONTEMPORER HUKUM BISNIS SYARIAH (MONOPOLI DALAM BISNIS SYARIAH) Putra, Dadi Permana
TAHKIM Vol 14, No 2 (2018): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v14i2.645

Abstract

Monopoly and oligopoly, monopsy, dominant position, and various other forms of unfair competition in the world of commerce. Indeed the market is an economic element that can realize the benefit and welfare of human life. Islam forbids unfair competition and closes all roads leading to it. Goods and services that are community needs are never justified to be monopolized. In the view of Islam monopoly is something that is legal. What is not permitted in Islam is monopolistic behavior that can harm society.
Warisan Khunśa dan Relevansi Pandangan Ulama Syafi’iyah di Masa Kini Dahliani, Lia
TAHKIM Vol 12, No 2 (2016)
Publisher : TAHKIM

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Abstract

This study confirmed that in relation to inheritance, khunsa (hermaphrodites) got the part and the different divisions and they tend to get a smaller share of the inheritance. This paper discussed the legacy of khunsa in the discourse of Shafi’ites and its relevance in solving the inheritance issues in the contemporary era. The main sources of this paper are Shafi’ite’s books such as Al-Hawi al-Kabir written by Abu Hasan al-Mawardi Al-Basri, Mughni al-Muhtaj written al-Syarbaini, Majmu’ Syarh al-Muhaźźab by Imam an-Nawawi and so on. This is a library research. It used a philosophical approach. Descriptive and explanatory were used as analysis method. According to Syafi’iyahs, if gender status of khunsa remains intractable (musykil), then his or her inheritance is suspended until there is mutual agreement between the heirs. Keyword: inheritance, khunsa, Shafi’ites, contemporary era
STRUKTUR BAHASA AL-QUR’AN: MEMBANGUN ELEMEN STILISTIKA KEBAHASAAN DALAM AL-QUR’AN Damhuri, Damhuri
TAHKIM Vol 10, No 1 (2014)
Publisher : TAHKIM

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Abstract

The meaning of a word in al-Qur'an is very important in the development of meaning theorization and its developer structure. It can review various styles and art for telling al-Qur'an from the words and sentence structure perspective as well as other peculiarities. Therefore, the existence of this article is a few review not only focuses on the sentence structure, but also the possibility of “transition” the meaning a vocabulary that in turn can influence the actions of meaning. In this discussion is possible the transition of meaning a word into another meaning influenced by the words and sentences structure. The presence of stylistics is viewing the beauty of al-Qur’an language, so it can be acceptable to all layers of community. Al-Qur’an touch (acceptable) the reason and sense, the harmony of series sentences of al-Qur’an and the wealth of editorial art. Key words: Structure, Stylistics, language, al-Qur'an
MANUSIA DALAM SOROTAN AL-QUR’AN (SUATU TINJAUAN TAFSIR MAUDHUI) Nurdin, Roswati
TAHKIM Vol 9, No 1 (2013)
Publisher : TAHKIM

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Abstract

This paper describes the concept of humans in the Qur'an that were examined by the method of thematic(maudhui). Subject matter includes concepts and functions of human beings, both as individuals and communities. Searching the nature of man is not only based on subjective view, which resulted in the issue of human nature becomes blurred. As a result of the creation work, the issue should not be studied apart from the human point of view of its creators to acquire comprehensive knowledge. If this is accepted- examine the human perspective on its creator -the only way to get to know who the man was referring to the divine revelation, so that the answer can be found. To this effect, certainly not enough to simply refer to one or two verses, but it should refer to all the verses of the Koran (or at least the primary verses) that talks about the issues, the learning context, respectively, and for the affirmation - kind of Prophet explanation, or facts that have been scientifically established. This way are known in the Qur'an disciplines as maudhuiy methods (thematic) Keywords: The Human, the Qur’an, thematic method

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