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Al-Bayyinah
Published by Institut Agama Islam Negeri Bone
ISSN : 19797486     EISSN : 25805088     DOI : https://doi.org/10.35673/al-bayyinah.v1i2.20
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
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Search results for , issue "Vol. 7 No. 1 (2023): Al-Bayyinah" : 9 Documents clear
Parental Grants to Children and Their Relation to Inheritance in the Perspective of Positive and Customary Laws of Indonesia Afriani, Ikhfa Nur; Syah, Rohman; Avita, Nur
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.3064

Abstract

The understanding of the correlation between parental grants (hibah) to children and inheritance can lead to disputes and conflicts among heirs within families in Indonesia. This article aims to elucidate the correlation between gifts and inheritance, particularly parental gifts to children, from the perspective of positive law and customary law in Indonesia. To achieve this, the author conducted a literature review to examine and analyze various relevant sources on gifts and their correlation with inheritance. This study yielded the following conclusions: Firstly, according to the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and customary law, gifts given by parents to children can be counted as part of the inheritance. Secondly, the status of a child who is a recipient of parental gifts, according to the Civil Code, KHI, and customary law, does not hinder them from receiving their rightful inheritance.
The Principle of Intergenerational Justice in Environmental Management and Its Relation to the Concept of Sustainable Development Sugirman, Andi
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.4367

Abstract

The principle of intergenerational justice and its relationship to the concept of sustainable development in environmental management is an endlessly discussed issue. Considering that the environment is one of the most crucial elements for the survival on Earth, this study constructs the principle of intergenerational justice as an effort towards sustainable development in environmental management, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. This study falls under the category of literature research, examining literature data from law books, journals, legislation, and other relevant references. The research findings indicate that the management and utilization of natural resources between generations should be carried out fairly, meaning that the present generation has an obligation to pass on the environment in a good condition to future generations. Therefore, environmental management and utilization must be based on moral and sustainability principles. The concept of sustainable development embodies the principles of intergenerational justice. In the practice of law enforcement, the principle of intergenerational justice has been implemented by the Philippine government, as exemplified by the Minor Oposa case in 1993, which involved deforestation. In Indonesia itself, the normative principles of intergenerational justice have been accommodated in various principles, as stated in Article 2 of Law Number 32 of 2009 concerning Environmental Protection and Management.
The Influence of Western Feminism on Islamic Family Law Renewal in Iran: Studies of Pre and Post Reform of Iran Shaleh, Ridwan
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.3241

Abstract

This paper tries to examine the dynamics of family law in Iran, where changes in Islamic family law in Iran occurred during the 1979 revolution after the collapse of the pahlavi regime. Which in that year Ayatollah Khomeini formulated Islamic family law and raised the status of women. However, until 1980 Iranian women had not felt the change, which gave rise to a women's movement thatprotested against it. The method of writing this article uses library research by digging up information related to the theme of the study. The findings of this paper explain that the emergence of feminism thought in Iran was propounded by europeanswho in 1980 were mostly europeansand they judged some of the habits of the Iranian family and society which for them were against women. So this is what pioneered the movement against feminism in Iran in finding out about gender The feminist movement against Islamic family law in Iran is motivated by many laws that are detrimental to women, because these laws are the result of male scholars, so many of them voice their dissatisfaction with these laws.
The Urgency of Written Evidence in Debt Transactions in the Perspective of Islamic Law Widodo, Panggih; Abubakar, Achmad; Irham, Muhammad
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.3968

Abstract

Written evidence in debt transactions is increasingly needed in current credit activities to avoid various kinds of risks that might occur during the activity process. This needs to be studied in the perspective of Islamic law to find out the essence of the urgency of having written evidence in the view of Islam, either based on the verses of the Qur'an or with the opinion of the scholars on this matter. This research is a qualitative descriptive research and is a library research using primary and secondary data sources by examining various Islamic literature that talks about these matters, both classical and contemporary references. The results of this study are first, that debt is something that is not prohibited in Islamic religious teachings, but in practice it must be in accordance with Islamic law so that it does not eliminate the elements of mutual help and compassion in it. Second, the Qur'an explains that the existence of written evidence in debt transactions is something very important, so that the Qur'an provides rules for this and provides certain conditions for someone who makes such written evidence. In addition, to strengthen the position of written evidence, the Qur'an recommends having witnesses in a debt transaction. Islamic scholars have various opinions on the written evidence law. Some scholars say that it is not obligatory and some scholars say it is obligatory. The main purpose of such written evidence is to avoid any misunderstandings that may occur between the parties conducting these debt transactions at a later date regarding these debt transactions.
Absolute and Relative Competence in Religious Jurisdiction in Indonesia Khalid, Hasbuddin
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.5263

Abstract

The religious judiciary has undergone significant changes following independence. The emergence of regulations has greatly promoted progress in the field of religious judiciary in civil matters. Of particular concern is the competence of the religious judiciary, which has been renewed in line with the evolving times. In this study, we will elucidate the competence of the religious judiciary in Indonesia, taking into account the results of legislation applicable in the field of religious judiciary. The methodology in this study is a literature review, based on conceptual or normative research. Primary data in this study consist of literature studies or the examination of literature (books, journals) and research results related to the research object. The analysis used is descriptive analysis, conducted in a structured and systematic manner. The research results show that the absolute authority of the religious judiciary to examine, decide, and settle cases for the Muslim community in matters of marriage, property transfer, and Sharia economics. The material legal content in the religious judiciary has undergone numerous updates through legislation, ministerial regulations, and circulars from the supreme court. Meanwhile, the relative competence of the religious judiciary is the legal jurisdiction for the orderly functioning of the judicial system.
Divine Constitution Perspective On the Reactualization of Allah’s Law Arlis, Arlis; Zulfan, Zulfan; Azwar, Zainal; Taufiq, Arif
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.4086

Abstract

The main question of this study is how divine constitution perspective on the reactualization of Allah's law. The background of the problem is the inequality between the law at the ideal and factual levels. Ideally, the degree of law is within the corridors and the degree of Allah's law, but the facts show that the nuances of the law are more oriented towards the product of man alone. The research position is very interesting with the variety of legal concepts. Questions are discussed with normative legal studies with qualitatively analyzed. The main result is the position of Allah’s law is the single best law and has the highest degree for a sure person. Allah’s law is a system of laws that contains the maslahat of the world and the hereafter. Allah’s law is fixed and some is changing whose content material is comprehensive and accordance with the needs of the times, places, circumstances, intentions and traditions. Allah commissioned the apostles, bringing down the books and the suhuf-suhuf as the basic benchmark and the main reference of the law. The last treatise was received by the Muhammad SAW with the guidance of the Qur'an and the sunnah.. Allah's law must be obeyed, and the disobedient are obeyed. Taqwa is the noblest level in the application of the law of Allah. Allah guarantees a successful life and goes to heaven for people who obey Allah's laws.
The Concept of Building a Sakinah Household in Long-distance Marriage in Bangkalan Madura: A Psychological Perspective Study Jezeri, Jezeri; Royana, Laela; Afida, Herlina Nur
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.4052

Abstract

This study aims to describe long-distance marriage and its impact on family harmony. Researchers found a unique fact in the field, that there are several families who have similar backgrounds in undergoing long-distance marriages, but the success rate is different. There are couples who are harmonious and not secetious, there are couples who must end in divorce. Therefore, long-distance marriage needs to be studied in depth how the concept of long-distance marriage must be known and applied in the family. This study uses qualitative methods that examine the phenomenology of long-distance marriage using interview techniques with three informants in the city of Bangkalan, Madura. The results of this study can be concluded that long-distance marriage has four potentials, both positive and negative. The positive potential of long-distance marriage is that the economy is affordable and more energy efficient without the need to return to a distant home, motivated by enthusiasm for work and generosity. While the negative impacts are not met biological needs, the existence of multiple roles for husband or wife in the family, lack of affection for children and frequent infidelity. While efforts that can resolve or minimize the negative impact of long-distance marriage consist of six factors, namely marrying because of Allah SWT, loving each other, the openness of each partner, being wise and polite, strengthening communication and deliberation, patience and gratitude, forgiveness and tolerance.
The Law of Passorong Ownership in Mandar Community Marriage, Majene Regency: A Comparison Study of Islamic Law and Positive Law Supriadi, Supriadi; Ridwan P, Muh.
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.3131

Abstract

The presence of Passorong in the Mandar ethnicity of Majene Regency is a gift of wealth from the prospective husband to his prospective wife to enter into a marriage. Passorong in terms is similar to dowry in Islamic law, which is a gift from the groom to the bride. This study is a field study with a qualitative descriptive research type. The source of data in this research is the Office of Religious Affairs in Majene Regency. The approach used consists of normative theological, juridical, sociological, anthropological, and philosophical approaches. Methods of data collection obtained directly from the field using observation techniques, interviews, and documentation. Data processing using deductive techniques with qualitative descriptive analysis. The results of the study show that the mechanism for giving passorong in the marriage of the Mandar community in Majene Regency is usually in the form of objects that have value or benefits. The mechanism for giving Passorong goes through several stages before the marriage contract, namely an agreement is made after the proposal process takes place, such as mattandajari and maccanring. Passorong objects given by prospective husbands to prospective wives vary, but are usually in the form of gold and land and coconut trees accompanied by land, real or converted in rupiah. The practice of giving a passorong is in line with Islamic law, giving a passorong is classified as a musamma dowry, because it determines the amount and type of item that is used as a dowry at the time the marriage contract takes place. While in positive law, legally speaking a certificate has not been issued in the name of the wife, in the Law on Basic Agrarian Regulations and Government Regulation Number 24 of 1997 concerning land registration that a passorong is in the form of land if to obtain eigendom rights over land must be certified in the name of the wife .
Interconnection of Family Functions and Child Education in the Perspective of Hadith Syarif, Maria Ulfah; Mardhati, Mardhati; Syarif, Rasdiyanah Audiah; Asse, Ambo; Yahya, Muhammad
Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.3864

Abstract

The family becomes an institution capable of giving birth to the next generation (offspring) who are intelligent and have good morals (good character) both in the eyes of their own family, especially in the eyes of the surrounding community. However, along with the times, accompanied by the rapid development of science and digitalization technology, the family has now lost responsibility as the first education. This study aims to explore the function of the family in providing education, through the perspective of hadith. This research uses the type of library research, which is a series of activities related to the method of collecting library data by making texts into texts from several literatures. Specifically, this research collects documents from hadith books related to family functions and children's education. The results of this study indicate that the hadiths about family education provide an understanding that basically every child who is born is born in a state of nature, clean and holy from sins. It is just that the environment where he lives and the school environment where he lives makes it easy to give a bad influence if it is not balanced with the education of his family. 

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