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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 145 Documents
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Comparative Study: The Concept of Legitimate Children in The Perspective of Positive Law and Islamic Law Andi Samsul Bahri
Al-Bayyinah Vol 5, No 1 (2021): 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.v5i1.813

Abstract

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.
Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System Satriadi Satriadi
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.v6i1.2594

Abstract

This study discusses the limits of authority of the police and prosecutors in implementing restorative justice in criminal cases. The Indonesia National Police, the Attorney General Office of the Republic of Indonesia, have implemented the principle of restorative justice as a form of dealing with criminal cases. The Indonesian National Police makes further regulations for each law enforcement agency with the principle of restorative justice which will be used as a guide in handling criminal cases, including Circular Letter of The Chief of Indonesia National Police No. SE/8/VII/2018 of 2018, The Chief of Indonesia National Police Regulation No. 6 of 2019, the Attorney General Regulation No. 15 of 2020. To analyze and understand restorative justice and the limitations of the police and prosecutor's authority in the criminal justice system, this study uses a normative legal research method, the data obtained through a literature study. The results show that restorative justice must be accompanied by an understanding of the concept of police discretion, because there is a relationship between discretion and restorative justice. The statement of reconciliation between the perpetrator and the victim contained in the statement letter should be the basis for investigators to terminate the investigation (SP3) other than those stipulated in Article 109 of the Criminal Procedure Code and the case is considered completed in Law Number 16 of 2004 concerning the Attorney Office of the Republic of Indonesia, in Article 35 letter c. The Attorney General of the Republic of Indonesia has released a regulation concerning Termination of Prosecution Based on Restorative Justice as contained in the Attorney General Regulation Number 15 of 2020. Based on this regulation, the public prosecutor has a strong legal basis for terminating prosecution of defendants in certain criminal acts and if between the victim and the defendant have an agreement to make peace.
Criminal Sanctions as the Answer of the Vaccum in Adminstrative Law Enforcement Jennifer Jennifer; Anastasia Maria Gabriela; Kezia Linardi
Al-Bayyinah Vol 6, No 2 (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.v6i2.2848

Abstract

Administrative sanctions are considered not sufficient to meet the legal needs of state administration so that they require assistance with criminal sanctions in law enforcement. However, the clarity regarding the transition in the use of administrative sanctions to criminal sanctions has not been regulated with clear boundaries. The varied and subjective implementation certainly causes injustice and legal uncertainty for the community, especially those who receive sanctions. This study uses a juridical normative approach. This paper explains the role of criminal sanctions to fill the legal vacuum that cannot be provided by administrative sanctions, causing the importance of the existence of criminal sanctions in every administrative law. This paper also finds that there is no legal certainty to regulate the structure of the use of sanctions in administrative law. The urgency of the formation of rules that meet the structure, substance, and clear legal culture in its implementation will provide legal certainty and justice in the enforcement of state administrative law.
PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF HADIS AHKAM Muhammad Farid
Al-Bayyinah Vol 1, No 2 (2017): Desember
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.v1i2.13

Abstract

Abstract Ideal marriage in Islam cover both physical and psyche aspects. Specially in psyche spectrum, the same in a belief is a main stream. Islam always warns to the all Muslims not to marry a follower of the different religion. Cause if it does the for bidden, the next: main target of marriage, namely life in loving and happy each other, it wont be fulfilled except one the converts. If it converts to Islam, it may be not a problem, but if one of them out of Islam, it is a really case. So syariat Islam warns to marry with the one of the similarity life ideologi, and it will be explain in the next item.Kata Kunci: Perkawinan, beda agama, hadis ahkam, konversi dan ijtihad ulama
THE LAW OF ONLINE ZAKAT BASED ON THE APPLICATION PROVIDING EASINESS IN TRANSACTION OF ZAKAT PAYMENT Sari Utami
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.v4i2.774

Abstract

The importance of zakat distribution in the digital age increasingly shows the existence and urgency of digitalization in all aspects. The purpose of zakat distribution online will facilitate muzakki effectively and efficiently in terms of activities and time in distributing zakat evenly and thoroughly to break the poverty chain, and improve social and economic welfare of the community without having to distinguish between the rich and poor, because behind the distribution of zakat funds is the rights of those who are entitled to receive it (mustahik). This research focused on qualitative research using a descriptive analysis technique which is to conduct an analysis by describing, describing, explaining about paying zakat online in Islamic law. In Islamic view, zakat which is done online is permissible because one of the reasons is that it is only different in form of distribution, namely the transition from manual to automatic. From those who usually come to the institution to pay directly but this time only by accessing and transferring. However, it still does not abandon the terms or conditions in issuing or distributing zakat. Distribution of zakat online is not a problem in terms of Islamic law, because its distribution will facilitate muzakki or Muslims who have an obligation to pay zakat. A muzakki can distribute his zakat online is legal and not a problem legally. Special institutions that are given the mandate in the distribution of zakat will be managed because it is deposited from muzakki which is distributed online and must be in accordance with the principles in sharia provisions. So that the obligation to fulfill or pay zakat continues to be carried out in order to share with others who are entitled to need throughout Indonesia.Keywords: Easiness; Islamic Law; Online; Zakat.
WASIAT WAJIBAH BAGI ANAK ANGKAT DALAM RANGKA PERLINDUNGAN HUKUM TERHADAP ANAK (Perspektif Undang-undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak dan Kompilasi Hukum Islam) Djamal Djamal
Al-Bayyinah Vol 2, No 2 (2018): 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.v2i2.54

Abstract

The author wants to show that in Law Number 23 of 2002 concerning Child Protection, clearly and in detail regulates the rights of adopted children which must be met by adoptive and biological parents. And in Compilation of Islamic Law gives the right to adopted children to get a third of the inheritance of foster parents to fulfill the rights or life needs of adopted children after their parents die.
PANDANGAN HUKUM ISLAM TENTANG STATUS ANAK PEREMPUAN YANG LAHIR KURANG DARI 6 BULAN SETELAH AKAD NIKAH Hj. Hamsidar
Al-Bayyinah Vol 2, No 1 (2018): 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.v2i1.37

Abstract

The view of Islamic law on the establishment of the law and the guardian of his marriage for a girl born less than 6 months from a pregnant marriage differs between classical fiqh scholars with applicable laws in Indonesia (Law Number 1 of 1974 and KHI). According to the scholars of girls born less than 6 months old, they are illegitimate children and the determination of the marriage and guardian of their marriage cannot be with their biological father. Whereas according to applicable law in Indonesia (Law Number 1 Year 1974 and KHI) a girl born less than 6 months from a pregnant marriage is still a legitimate child and her marriage certificate and guardianship is fixed on her biological father. Because of differences of opinion between the ulama and the applicable law in Indonesia regarding this matter, there are two references which all have a strong foundation or foundation, and depending on which guidelines we want to follow.
GENDER MAINSTREAMING IN THE HERMENEUTICS OF ISLAMIC FAMILY LAW Athoillah Islamy
Al-Bayyinah Vol 4, No 1 (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.v4i1.686

Abstract

The problem of gender discrimination for women can occur in all spaces, both public and private spaces as well as in family life. This problem is not only caused by biased socio-cultural construction but can also be caused by biased interpretation of Islamic teachings. Even Though in the Qur'an and the Hadith itself highly upholds the equality of existence between men and women. There are two main objectives in this study. First, to find gender mainstreaming in the construction of Amina Wadud's al-Qur'an hermeneutic method. Second, to understand the application of Amina Wadud's hermeneutic method in interpreting verses about the pattern of gender relations in the family. This research is qualitative in the form of a literature study with a philosophical normative approach. The primary source used is an explanation of Amina Wadud's hermeneutic method in her book entitled Qur'an and Woman Rereading the Sacred Text from a Woman's Perspective. Meanwhile, secondary sources used are various relevant studies. There are two big conclusions of this research. First, Amina Wadud's hermeneutic al-Qur'an method considers three aspects as the basis for the interpretation of a text (verse), among others, the context in which the text was written and interpreted, the grammatical text, and the weltansanschaung. By considering these three aspects, Wadud tried to reinterpret a theological basis (verses of the Qur'an) related to the pattern of gender relations that have been interpreted by many classical commentators. Secondly, Wadud better understood the verses of gender relations in the family as functionalist relations. The functional relationship in question is the cooperative relationship over the distribution of rights and responsibilities between men and women based on their potential.Keywords: Hermeneutics; Amina Wadud; Gender Relations; Family.
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. 
Convergence of Islam and Democracy Fajar Fajar
Al-Bayyinah Vol 5, No 2 (2021): 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.v5i2.1721

Abstract

This studyattempts to analysethe relationship between Islam and democracy objectively with logical rational arguments. It aims to clarify the differences between Islam and democracy in terms of values and concepts, in addition to explaining the reasons for the rejection of some Muslims against democracy and the arguments underlying their rejection. Then, itattempts to draw a theoretical relationship between Islam and democracy by asking critical questions, logical assumptions, and arguments that rely on the empirical practice of implementing democracy in Indonesia. Islam and democracy were born from two different ontological areas. Islam as a religion is believed to be sacred and absolute truth because ontologically its teachings come from God. While the democratic political system was born from the historical trajectory of human cultural development, it means that democracy is profane secular, and the truth is contextual perspective of the status quo of Muslim elite power politics. The concept of democracy in terms of genealogy, values, and orientation is not entirely the same as Islamic teachings, but it is not denied that Islamic teachings are in many respects substantially in line with the concept of democracy. Thus, Indonesia is a country with the largest Muslim population in the world, so it is fitting for Indonesian Muslims to become enforcers of democracy based on human religious values. That is a model of democracy that not only provides a place for the growth of people's beliefs or religiosity, but also provides space for the realization of human rights. Therefore, democracy as a concept, in its implementation, of course, must be adapted to the context and culture of the local community, especially Islamic communities such as in Indonesia and in the Middle East.

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