Al-Bayyinah
Mengundang para peneliti, dosen, praktisi hukum, mahasiswa, dan masyarakat umum untuk mempublikasikan hasil penelitiannya di Jurnal Al-Bayyinah. Jurnal Al-Bayyinah merupakan Jurnal Nasional terbitan Fakultas Syariat dan Hukum Islam Institut Agama Islam Negeri Bone yang fokus pada kajian; Hukum Islam, Hukum Keluarga Islam, Hukum Ekonomi Islam, Hukum Tata Negara Islam dan kajian sosial, budaya, adat yang dihubungkan dengan hukum Islam. Jurnal Al-Bayyinah yang telah diakses oleh Kementerian Riset, Teknologi, dan Pendidikan Tinggi.
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<![CDATA[An Analysis of Judges' Considerations in Making Decision About the Case of Application for Marriage Dispensation After the Enactment of Law Number 16 of 2019 Concerning Marriage ]]>
<![CDATA[Jamaluddin T]]>;
<![CDATA[Yusuf Djabbar]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.981
<![CDATA[After the enactment of Law no. 16 of 2019 concerning marriage which substantially regulates the age of marriage. The increase in the age of marriage regulated in the law has become a polemic in the community, so to obtain their rights, a marriage dispensation is proposed. The application for Marriage Dispensation has become a polemic, because the community has not been able to adapt, so with many reasons the judge can grant the request.Therefore, it is urgent to reveal the judge's considerations as a result of the judge's decision on marriage dispensation. This research is a qualitative field research in the field of law. The research location focuses on the study of judges' considerations in applying for a marriage dispensation at Watampone Religious Court.The approach used in this research is a normative juridical approach, an empirical juridical approach and a sociological juridical approach. The analysis used is descriptive qualitative, with the aim of collecting data, described or described in the form of sentence exposure in accordance with the formulation of the problem. The research findings show that judges in examining and adjudicating marriage dispensation cases are carried out based on the Republic of Indonesia Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.The judge's consideration in making decisionof application for a marriage dispensation emphasizes a persuasive approach and considers the benefit. The implication of this finding is that in the case of dispensation, it should be considered carefully, for the sake of the continuity of the marriage relationship.]]>
<![CDATA[The Effect of Service Quality on Customer Loyalty at BRI Syariah Bank Bone Office Branch: A Review of Law Number 8 of 1999 concerning Consumer Protection ]]>
<![CDATA[Jumarni Jumarni]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.826
<![CDATA[This study was conducted to analyze and determine the effect of Service Quality Variables on customer loyalty in BRI Syariah Bank Bone Office Branch. This study juxtaposes the quality of customer service in banking institutions with the level of customer loyalty. In addition, the two variables are examined with the conception of consumer protection as regulated in Law number 8 of 1999. This study uses qualitative research methods and the analysis used is SPSS 20. The analysis test includes a normality test that analyzes parametic statistics, and a regression coefficient test is used to determine the effect of service quality on customer loyalty. The results obtained by the regression equation Y = 1,082 + 0,255 + ε. Based on a simple linear regression test, it shows that service quality has a positive and significant effect on customer loyalty in BRI Syariah Bank Bone Office Branch. The positive influence shows a match between service quality and customer loyalty; hence the role of service can increase customer loyalty. The relation to consumer protection regulated in Law no. 8 of 1999 concerning Consumer Protection, maximum service in its various forms is the basic rights that consumers deserve, and this has been obtained by customers of BRI Syariah Bank Bone Office Branch, thus it is relevant to consumer protection and customer service. ]]>
<![CDATA[The Concept and Implementation of Economic Policy According to Islamic Law ]]>
<![CDATA[Asmawati Asmawati]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.1432
<![CDATA[The economy has improved very rapidly in the digital age. The birth of various policies that actually do not consider the religious side, which only cares about profit. This becomes a challenge in providing a factual answer to the conception of economic policy that is in line with economic principles in accordance with Islamic law.So, it is very urgent to re-explore the conception and implementation of economic policies outlined in Islamic law. The study is a conceptual study by conducting a literature review. This study focuses on theories related to the concept of economic policy in the perspective of Islamic law.The findings in this study indicate that economic policies in Islamic law have been stipulated in the Islamic texts which substantially prohibit policies that use people's property, criminalizing policies. Economic policies that are in accordance with Islamic law are policies that are fostering in increasing economic development.This economic policy has long been practiced by the Prophet (pbuh) and his companions during the period ofkhulafaurasyidin as a way to improve the economy with policies that are relevant to the objectives of the Islamic texts. The implication of this finding is that in carrying out economic policies always consider economic policies that are in line with the provisions of the Quran and hadith.]]>
<![CDATA[Parenting Styles During the Covid-19 Pandemic: A Conception of Islamic Family Law ]]>
<![CDATA[H Baharuddin]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.788
<![CDATA[The covid-19 pandemic situation has led to many changes in living conditions and various activities that are mostly carried out at home in order to reduce and prevent the chain of transmission of the corona-19 virus. This study aims to provide an illustration of the role of parents at home during the Covid-19 pandemic situation by providing the rights that must be given to children by correlating them with the concept of childcare in Islamic family law. The urgency in education studies in the review of Islamic family law is to emphasize the position of parents who are not only responsible for providing a living, including in matters of success in education. This is a conceptual study, which seeks to explore the concept of childcare that is built in Islamic family law. The findings in this study indicate that childcare according to Islamic family law in the covid-19 pandemic situation, namely: 1) teaching children to do good and keep away from badness, this is done by way of parents giving examples and accompanying children when learning, 2) Parenting with affection, this care is done by providing safety and guidance to children, 3) Fulfilling the needs of children. In the conception of Islamic family law it is known as hadanah rights or child care which is widely understood, both in terms of livelihood to children's intelligence. The implication of this finding is that during the pandemic, parents have a significant role, in addition to living needs, parents are also required to ensure children's intelligence through the fulfillment of education. ]]>
<![CDATA[A Construction of Cash Waqf Management in Bangladesh ]]>
<![CDATA[Hardianti Yusuf]]>;
<![CDATA[Kiki Reski Amelia]]>;
<![CDATA[Sahidah Rahmah]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.1410
<![CDATA[The practice of Waqf-Al-Nuqud in Bangladesh is interesting to discuss. The construction of waqf in Bangladesh is in the spotlight, considering that waqf has played a role in improving the economy and reducing poverty. Bangladesh waqf management has succeeded in providing a positive response for the benefit of the community, so it is certainly interesting to explore waqf construction information. This study is classified as a literature review which is carried out by collecting information and data with the help of various literature references such as reference books, journal articles and research results. The findings of this study indicate that the waqf practice carried out by the state of Bangladesh has been managed by the Social Investment Bank Ltd (SIBL). This bank has developed a social capital market (The Volutary Capital Market). One of the Islamic financial instruments that have been developed is in the management of cash waqf, namely the Mudarabah Cash Waqf Deposit with the option of a specific purpose. This list of destinations is available to the wāqif who will have the right to choose the destinations to be served from the list or other purposes permitted by the Shariah. Regulations in Bangladesh are contained in the 2013 Waqf Special Law which regulates the method of handing over and developing waqf. The implication of this finding is that waqf management in Bangladesh is managed by developing Islamic financial instruments with the deposit model, it can be adopted by other countries in improving waqf management.]]>
<![CDATA[Child Care and Protection in Perspective of Legislation, Human Rights and Islamic Law ]]>
<![CDATA[Lisma Lisma]]>;
<![CDATA[Roykhatun Nikmah]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.1333
<![CDATA[The empirical reality regarding the issue of care and protection for children is still a global concern. It is necessary to find rules regarding the protection and care of children. Comparing several rules in legislation, human rights and Islamic law in strengthening the position of children as human beings who must receive care and protection. This research is a literature review with a normative juridical approach. Examining various literatures by focusing on aspects of laws and regulations related to care, child protection, human rights and Islamic law. The techniques of analysis used were descriptive and comparative. The findings of this study indicate that child care and protection falls into the category of fulfilling human rights. Child protection is in line with the universal principles of human rights and has a legal umbrella and the power to obtain care and protection. However, the existing regulations have not been maximally implemented. In Islamic law, children have a very high guarantee of protection, this is included in the category of caring for children as the goal of sharia (maqashid syari'ah). The implication of this finding is that the protection of children's rights cannot be negotiated, because the state and religion have provided protection, so what must be enforced is the supervision of the fulfillment of children's rights.]]>
<![CDATA[Sole Candidate in the Local Leader Election and Its Implications on the Supervision of the Democratic Process in Indonesia ]]>
<![CDATA[Vivin Sanjaya]]>;
<![CDATA[Imron Rizki A]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.1269
<![CDATA[The sole candidate in the local leader election has become a phenomenon in the world of democracy in Indonesia. The sole candidate in the local leader election in Indonesia, is considered a solution to the impasse of democracy since 2015. This phenomenon has become a solution as well as a polemic in the community, because it is full of monopoly power. This study examines the implementation of a sole candidate in the local leader election in Bone Regency and its implications on the democratic process. This research is classified as field research with qualitative methods, while the approach used is descriptive analytic. The data sources of this research are based on primary data and secondary data. Primary data were taken from the results of interviews and observations. The results of this study indicate that the practice of selecting a sole candidate (choosing an empty column) in Bone Regency is not in the same breath as democracy and reduces the interests of the people's sovereignty in electing a leader. Some of the implications that arise include: a monopoly on political parties, injuring the interests of local communities, sole candidate competition which results in harassment and complications of pressure on voters who campaign for empty columns. As a result, people feel that their rights are not taken into account in the local leader election. The implication of this finding is that in responding to the practice of selecting sole candidates as in Bone Regency, there are many problems, so the sole candidate competition must be ended immediately because it is not in tune with the philosophical meaning of democracy.]]>
<![CDATA[Comparative Study: The Concept of Legitimate Children in The Perspective of Positive Law and Islamic Law ]]>
<![CDATA[Andi Samsul Bahri]]>
<![CDATA[ Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i1.813
<![CDATA[The interpretation of legal children is endless to discuss, considering that various problems continue to color the dimensions of marriage. Marriage issues that cannot be separated from turmoil to vent interest without obeying religious norms and applicable laws. As a result, it gives birth to a view of the validity of the relationship through informal marriage or that it is not at all bound by the bonds of marriage.Therefore, the indicators of legitimate children are interesting to discuss, in order to get factual answers to the criteria for legitimate children in state law and Islamic law. This study is classified as a literature review that examines the normative juridical and theological aspects. This research is explanatory by examining various laws and regulations relating to children.The summarized data will be analyzed using qualitative analysis and relevant to the theoretical aspects. The findings in this study are that the legitimate child under positive law is determined by the legality of marriage and if the child is out of wedlock still oriented to the legality of marriage. Meanwhile, in Islamic law, it is stipulated as a legitimate child if born from a legitimate marriage, if a child outside of marriage must have a span of six months between the marriage contract and the birth of a child.The implication of this finding is that legally married is the way to give birth to the best generation, because the consequences of illegitimate marriage will adversely affect the generation that was born.]]>
