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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. 8 No. 1 (2024): Al-Bayyinah" : 9 Documents clear
Stock Trading on the Stock Exchange in the Perspective of Islamic Law Arafah, Muh.; Jasmani, A.; Fadlang, Muhammad
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.6315

Abstract

One form of investment that can be done in today's economy is trading stocks on the stock exchange. This paper aims to describe the ability to trade stocks on the stock exchange and the benefits obtained for those who invest in the stock exchange in the form of stocks, the study also discusses the side of Islamic law, as part of the law of stock trading on the stock exchange. This paper uses a literature study method that takes references from various sources of writing related to the problems raised. The source of data in this study refers to literature studies that discuss stocks, stock exchanges, and Islamic law. The results of this study show that investing in stocks on the stock exchange gives benefits to those who invest in stocks in the form of stock returns, including capital gains, dividends, and other company shares as measured by the company's performance. Meanwhile, in the perspective of Islamic law, stock trading on the stock exchange or investing is allowed, because in principle it uses a sale and purchase contract or called bai' al-musawamah, in the process it does not carry out trading actions such as tadlis, najsy, ikhtikar, bai ma'dum and riba, as stipulated in the fatwa of DSN MUI No. 80 of 2011.
Discourse on Religious Moderation in the View of Surakarta Students According to Indonesian Law Mahfiana, Layyin; Ariyani, Evi; Lisma, Lisma
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.4921

Abstract

Religious moderation is very important because the tendency of excessive or excessive religious experiences often leaves one-sided claims of truth and considers themselves the most right while others are wrong. Based on the above background, the researcher is interested in studying the extent of understanding of religious moderation among Surakarta students and how efforts are made to increase awareness of religious moderation among students. This type of research is field research with a qualitative approach that aims to describe the data obtained in the field regarding students' understanding related to religious moderation. The data sources used in this study are primary and secondary. The data collection techniques used were interviews and documentation. Students' understanding of religious moderation varied greatly from the results of several interviews conducted with 30 students in the Islamic Criminal Law Study Program, 20 students explained that moderation is tolerance and mutual respect between religious people.  This is not wrong, because one of the indicators of religion is tolerance. Meanwhile, the other 10 students have understood that moderation is our perspective or attitude in religion in moderation, understanding and practicing religious teachings that are not extreme. Meanwhile, 30 students of the Law Study Program at the Batik University of Surakarta most of them do not understand what religious moderation is in terms of terminology, but once they are given an understanding and indicators related to religious moderation, they understand. Most of them have been taught in Pancasila and Civic Education courses. Religious moderation can be used as a learning approach so that students can think critically and analyze the courses they are taught, which of course remains based on the principles of religious moderation.
Harmonization of Islamic Law and Customary Law in the Pambissa Kampong Tradition in Latimojong Village Hamza, Rasida; Kamma, Hamzah; Nawas, Muhammad Zuhri Abu; Cahya, Purnama
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.6430

Abstract

The research aims to determine the role and influence of Islamic law in the implementation of the pambissa kampong tradition in Latimojong, the adaptation and change of customary law in the pambissa kampong tradition and its impact on the sustainability of this tradition, and the process of harmonization of Islamic law and customary law in the pambissa kampong tradition and the factors that influence it. The type of research used is empirical legal research. To support this empirical legal research, a normative approach and a sociological approach are used. Shows: (1) The role and influence of Islamic law in the implementation of the Pambissa Kampong Tradition in Latimojong is that customary law adopts Islamic law in its entirety, both in terms of principles and in terms of implementation. Its implementation is adjusted to Islamic law. If there are differences in principle between Islamic law and customary law, then the implementation of Islamic law must be a priority. (2) Changes in customary law in the Pambessa Kampong tradition and its impact on the continuity of this tradition are customary law, which means that rules are made from the behavior of a growing community and developed until it became a law that was obeyed unwritten. So that customary law changes according to the conditions prevailing in society. (3) The process of harmonization of Islamic law and customary law in the Pambessa Kampong tradition and the factors that influence it. Harmonization in question is an effort to harmonize customary law and Islamic law in one national legal system. If all this time there seems to be a difference between customary law and Islamic law, it is urgent to restore harmony between the two.
Role of the Financial Service Authority of the Republic of Indonesia in Determining Financial Technology Crime as Bijzondere Toestanden Suseno, Jarot Jati Bagus; Mahita Paksi, Tutut Ferdiana; Yusriando, Yusriando
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.6281

Abstract

Changes in civilization through information technology have also brought changes to the world of financial administration, including fund lending institutions. The change is demonstrated by the presence of financial technology (fintech). The progress of the digital financial world, including fintech institutions in the country, needs to be balanced with adequate legal policies regarding implementing online lending by fintech. This has given rise to various problems, including criminal matters through fraud and threats from fintech institutions and online loans. Regarding this, the Financial Services Authority of the Republic of Indonesia (OJK), the authorized institution for handling fintech issues that lead to criminal matters, is not yet optimal. This doctrinal method article aims to discuss topics related to the urgency of the role of the Financial Services Authority in handling fintech crimes. Based on existing studies, the OJK, the party responsible for fintech criminal matters, has been unable to supervise and protect fintech users. This is the basis for the need to create a formulation regarding supervision and action through criminal law, specifically against fintech institutions that are illegal and commit actual unlawful acts, where the law enforcement agency is the OJK, which partners with law enforcement agencies in the context of state primary constitutional organs and enforcement agencies which has the status of a state auxiliary organ.
Construction of Inheritance Distribution Based on Gender Equality in Thematic Tafsir Studies Tarmizi, Tarmizi; Abubakar, Achmad; Basri, Halimah; Rif’ah, Muh. Azka Fazaka; Febrian, Rifki
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.5198

Abstract

Gender equality in inheritance is an issue that is often debated today. One of the controversial verses is verse 11 of surah al-Nisa' which regulates that the men's portion is equal to two women's parts. This study aims to examine the verses of the Qur'an regarding gender equality in inheritance through thematic studies and spark a shift in the concept of inheritance which demands equal parts through the interpretation of the meaning of verse 11 surah al-Nisa'. This research is literature research with descriptive qualitative type through thematic tafsir approach and syar'i approach. This research found that the verses of the Qur'an regarding gender equality in inheritance based on thematic studies produced the theme, namely the verses about men and women being equally entitled to inherit and the share of men and women heirs, as well as the share of men and women. Through thematic studies, the concept of inheritance based on gender equality can be explained more comprehensively. The concept of inheritance in verse 11 of surah al-Nisā' has gradually shifted in meaning from section 2:1 to become an equal part marked by the birth of the concept of bilateral inheritance which fully supports gender equality in inheritance. It's just that it is still possible for disputes to occur so fiqh mawāris becomes a solution. So it is recommended that before dividing the inheritance with the principle of gender equality, it must first be divided based on the provisions of the mawāris fiqh and then an agreement can be made so that the rights of the heirs are considered.
Examining Civil Law Remedies for Consumers Affected by Counterfeit Branded Goods in E-commerce Transactions Ilham, Muhammad Azham; Kirana, Andi Rahmi Ainun
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.6308

Abstract

This research aims to find out and explain the forms of legal protection for consumers and dispute resolution efforts related to the sale of counterfeit branded goods through online transactions in Indonesia. The research uses normative methods by reviewing library materials and secondary data and using legal material analysis techniques using a statutory approach. The research results show that consumer protection regarding the sale of counterfeit branded goods through online transactions in Indonesia refers to several statutory regulations, namely: Law Number 11 of 2008 concerning Information and Electronic Transactions, a form of protection for consumers, namely the requirement for business actors to provide correct and clear information regarding goods/services being bought and sold as well as guaranteeing the responsibility of business actors for losses and all legal consequences resulting from violations of obligations in electronic transactions. Based on Law Number 8 of 1999 concerning Consumer Protection, the form of legal protection for consumers is that in 2001 the Government established the National Consumer Protection Agency which then formed the Consumer Dispute Resolution Agency at the regional level. Based on Law Number 20 of 2016 concerning Brands and Geographical Indications, a form of consumer protection is the threat of criminal penalties for business actors who counterfeit brands or buy and sell products resulting from criminal acts. Consumer dispute resolution can be reached through 3 routes, namely peaceful resolution by the parties to the dispute without involving the court or a neutral third party, and settlement through the court. and Out-of-court settlement through BPSK.
Child Marriage Prevention Strategy in the Regional Development Planning Board of Bone Regency Anas, Aswar
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.5699

Abstract

This research aims to analyze the effectiveness of the Child Marriage Prevention Strategy program implemented by the Regional Development Planning Agency (Bappeda) in preventing child marriage in Bone Regency. The study employs a qualitative descriptive analysis method through a case study in Bone Regency. Data was collected through interviews with Bappeda, the Women Empowerment and Child Protection Agency (DP3AP2KB), the Ministry of Religious Affairs (Kemenag), and the Watampone Class 1A Religious Court. The findings reveal that the implementation of the Child Marriage Prevention Strategy program in Bone Regency involves collaboration among various sectors and stakeholders committed to preventing child marriage. This mechanism encompasses several steps, including coordination meetings with various stakeholders, and monitoring, and evaluating the implementation and success of programs undertaken by each stakeholder in preventing child marriage in Bone Regency. The effectiveness of the Child Marriage Prevention Strategy program implemented by Bappeda Bone Regency has been proven effective in preventing child marriage, as evidenced by a significant decrease in the number of child marriages and dispensation for marriage cases at the Watampone Class 1A Religious Court in Bone Regency. The Child Marriage Prevention Strategy implemented by Bappeda Bone Regency represents a crucial effort to prevent child marriage, aligning with the principles of Islamic Family Law that prioritize child protection and well-being.
Age Limit of Marriage in Islamic Family Law: A Comparative Study between Morocco, Pakistan, Malaysia, and Indonesia Wafa, Zaein; Izzuddin, Ahmad; Rosidi, Achmad
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.6351

Abstract

The renewal of marriage laws in the Islamic world is not a new thing but has been debated since ancient times. The cause of these differences began with the rise of awareness from the community and scholars that the concept of Fiqh used was no longer in line with the times, so there needed to be a new legal reform that was in line with the demands of the Islamic community, especially in marriage in determining the age limit of marriage that occurred in Asian countries namely Morocco, Pakistan, Malaysia, and Indonesia. The development of knowledge about the situation and conditions of the developing community at that time was one of the factors that triggered family law reform. The method used in this writing is library research, with a legal analysis approach. so it involves an analysis of the legal regulations and provisions that apply in Islam. The regulation analysis carried out involves a comparison of family law in various countries related to the age limit of marriage. The discussion is interesting because it will provide consideration of the ideal age of marriage reviewed from the positive law of the country, and will know the historical side of the provision of age limits in marriage in comparative law in the country so that it is obtained in its application in the Islamic country it is different but not far from the age recommended in reaching adulthood and maturity of thinking, mental readiness because each country has its limits to measure the maturity of children to get married.
Financing MSME Using Analysis of IFAS and EFAS Matrix: Case Study in Honey Pumpkin Business Hidayah, Islamiati; Abadi, M. Kurnia Rahman; Falach, Ghulam; Ismail, Moh
Al-Bayyinah Vol. 8 No. 1 (2024): 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.v8i1.4546

Abstract

This study is aimed to find out how the Honey Pumpkin business development strategy is carried out by Honey Pumpkin Farmers in Banyusokah Village, Sampang Regency based on EFAS and IFAS Matrix. The method employed in this study is descriptive qualitative which is aims to describe, describe, record, and analyze existing and current conditions. The result of the study showed that Honey Pumpkin business in Banyoksah Village of Sampang Regency is able to implement the growth oriented strategy for developing its business. The suggested strategies are firstly, to distribute the products in the store at Sampang Regency and utilizing social media such as IG, whatsApp and so on for marketing. Secondly, diverging the processed product from honey pumpkin and turning customer into reseller. Thirdly, replacement of production technology used with more sophisticated and modern to increase the production effectively and efficiently. Lastly, opening several branch of store that owned by the company. Meanwhile, financing aspect regarding to growth oriented strategy several financing model could be useful. For example, working capital loan, digital marketing loan, business expansion loan, and equipment loans or leasing arrangement. Therefore, research and approach of financial institutions, banks, and alternative lenders is necessary to explore specific financing options that suit with growth strategies.

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