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All Journal Walisongo: Jurnal Penelitian Sosial Keagamaan Al-Qalam Ekspose: Jurnal Penelitian Hukum dan Pendidikan Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan JURIS (Jurnal Ilmiah Syariah) Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Al-Bayyinah
Hamzah Hamzah
Institut Agama Islam Negeri Bone, Sulawesi Selatan
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Journal : al-bayyinah

 1 
THE ENVIRONMENTAL LAW ENFORCEMENT: IN THE FRAMEWORK OF POSITIVE LAW AND ISLAMIC LAW Andi Abu Dzar Nuzul; Hamzah Hamzah
Al-Bayyinah Vol 4, No 2 (2020)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v4i2.906

Abstract

The environmental law enforcement is a form of re-actualization of the hopes and dreams of a good living environment. The portion and content of positive law in environmental law enforcement are sufficient in ensnaring perpetrators of environmental destruction. In Islamic law, environmental enforcement is something that must be guarded and preserved, this is stated in the Qur'an and hadith. This study is a literature study, which examines the legislation on environmental enforcement and text arguments relating to the environment. The approach in this study is a formal juridical approach to the scale of positive law and a normative approach to Islamic law. The findings in this study prove that the rules regarding environmental law enforcement in positive law are very adequate. In Law Number 32 of 2009, it has accommodated acts of environmental destruction that can be ensnared with administrative, civil and criminal offenses that lead to fines and imprisonment. Meanwhile, in Islamic law, law enforcement against environmental destruction in jinayah law is subject to ta'zir punishment or a sentence stipulated by the government. In the concept of benefit, environmental destruction needs to be enforced because it is against the benefit of human life and/or can threaten the survival of mankind. The implication of this finding is that environmental law enforcement has been regulated in environmental legislation and is very adequate, and this is in line with the concept of negligence in Islamic law, so that environmental violations need to be taken firmly in order to maintain environmental sustainability. Keywords: Law enforcement; Environment; Positive Law; Islamic law. 
Interkoneksi Konsep Walimah Perkawinan dalam Hukum Islam dan Hukum Adat Bugis Bone Hamzah Latief
Al-Bayyinah Vol 3, No 1 (2019)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v3i1.346

Abstract

AbstractThis study emphasized the interconnection between the concepts of Islamic law and customary law in the marriage ceremony. The focus of this study examined the concept of marriage in Islamic law and customary law, as well as the interconnection between Islamic law and the custom of marriage in Bugis Bone. This study was a descriptive analytical which described the sources obtained and then analyzed. The researcher applied normative and historical social approaches. Comparative methods were used to analyze various data and then correlated one another. This was conducted to measure the interconnection of Islamic law and customary law, therefore the relevant and irrelevant elements can be identified. The results of this study proved that the concept in the implementation of the marriage ceremony showed correlation between Islamic law and customary law of Bugis Bone. Both are considered not contradictory, even the procession of the marriage in Bugis Bone tradition has philosophical values that are in line with the principles of Islamic law. Keywords: Marriage ceremony-Islamic Law-Customary Law.
PROGRESIF SUMBER KEUANGAN ISLAM DI ERA KLASIK DAN MODERN Asmawati Asmawati; Hamzah Hamzah
Al-Bayyinah Vol 3, No 2 (2019)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v3i2.2660

Abstract

The study of progressive sources of modern Islamic finance aims to look closely at the increase of Islamic financial resources in Islamic philanthropic discourse. The superiority of Islamic finance in the modern era will be able to predict the contribution of Islam to the country in the social religious field. Methodology of analysis namely by examining actual scientific sources by considering formal juridical aspects. This research proves that the progression of Islamic finance in the modern era is highly responded, it is seen from the regulation of simplification of the implementation of Islamic philanthropy; for example, zakat, waqf and BaitulMal. The response to the progression of Islamic finance is important to pay special attention toeven thoughtstill being guided by productive-based management guidelines. The great desire of Islamic finance progress in the modern era is to be able to contribute through productive movements through the coordination of independentinstitutions.
Moderasi Fikih Muamalah di Indonesia: Analisis terhadap Paradigma Fatwa Dewan Syariah Nasional Amirullah Amirullah; Athoillah Islamy; Hamzah Hamzah
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2634

Abstract

The development of the Islamic economic system in Indonesia is not always with a positive response in the community. This is often triggered by the community paradigm that is still problematic in responding to the various existing sharia economic fatwas. This normative-philosophical research aims to identify the moderation of the Islamic economic fatwa paradigm formulated by the National Sharia Council (DSN)-Indonesian Ulema Council (MUI). The theory of analysis in this study, namely the moderate fiqh paradigm that was initiated by Muhammad Quraish Shihab. The results of the study show that there is a mode of fiqh moderation in the four foundations of the formulation of the sharia economic fatwa by the DSN-MUI. First, al-Taysîr al-Manhaji. This foundation is in line with the fiqh al-muwazanat paradigm which emphasizes efforts to compare the levels of benefit to be chosen which is better in law formulation. Second,. at-Tafriq baina al-Halal wal Haram. This foundation is parallel to the pattern of the fiqh al-awlawiyat paradigm which considers the priority of the benefits and benefits of the fatwa provisions. Third, I'adah al-Nazhar. This foundation is parallel to the fiqh al-ma'aalat paradigm regarding the importance of reviewing the implications of legal provisions that have been set on the basis of more attainable benefit. Fourth, Tahqiq al-Manath. This foundation is parallel to the fiqh al-maqashid paradigm which emphasizes understanding regarding the purpose of a legal provision. The theoretical implications of this research show that Islamic economic fatwas can always be adaptive and contextual.
Co-Authors Amir, Irfan Amirullah Amirullah Andi Abu Dzar Nuzul Asmawati Asmawati Asni Zubair Asni Zubair Athoillah Islamy Muammar Hasri Muhammad Fazlurrahman Syarif Samiang Katu Satriadi Satriadi Sultan Hasanuddin Sultan Hasanuddin Tarmizi