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.
Articles
145 Documents
<![CDATA[Constitutionality of Wiretapping by KPK in Optimization of Red-Handed Catch Operations ]]>
<![CDATA[Irfan Amir]]>
<![CDATA[ Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v6i1.2625
<![CDATA[Corruption is usually carried out in congregation and involves state administrators and/or law enforcement officers. This situation makes the Corruption Eradication Commission (KPK) often carry out Red-Handed Catch Operations/Operasi Tangkap Tangan (OTT). From these operations, the act of wiretapping has a very vital role in the success of OTT. However, KPK's steps in conducting wiretapping are sometimes disputed by various parties on the grounds that wiretapping has the potential to be misused by certain elements within KPK which can threaten a person's right to privacy and violate human rights. By relying on library research, this research is normative juridical research using qualitative descriptive data analysis techniques. The results of the study show that wiretapping is prohibited by law on the grounds of violating a person's right to privacy, but for the sake of law enforcement and eradication of corruption, wiretapping conducted by KPK is constitutional and does not conflict with Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Privacy is not classified as a non-derogable right, KPK wiretapping is still limited and only aimed at someone who is indicated to have committed corruption.]]>
<![CDATA[Sociological Aspects in the Determination of Islamic Law ]]>
<![CDATA[Ismail Keri]]>;
<![CDATA[Achmad Musyahid]]>;
<![CDATA[Kurniati Kurniati]]>
<![CDATA[ Al-Bayyinah Vol 6, No 2 (2022): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v6i2.2944
<![CDATA[Islamic law, as inherent in legalizing a problem faced by society, is an interesting discussion in the reflection of religious law in society. How not, the problems faced by the community continue to grow and are always global, as a large current that must find a solution. The dialogue between the sociological aspect and the establishment of Islamic law is a discourse that continues to get attention and must get factual answers as a result of reformulation of Islamic law towards a better direction. This study is a conceptual study or literature review, which examines data from Islamic law books, books and journals that have relevance. The result of the research shows that, the constructive relation of Islamic law between the sociological aspect and its stipulation is something that cannot be separated. The determination of Islamic law, always considering the sociological aspects of society, shows that the law is for human beings, so it is not surprising that Islamic law is flexible and measurable. The implication that is born in the sociological aspect is the establishment of a sweet and elastic Islamic law determination while still paying attention to its normative and historical aspects.]]>
<![CDATA[KONFLIK DAN KETENANGAN DALAM HUKUM ISLAM ANTARA IDEALISME DAN REALISME ]]>
<![CDATA[Baharuddin Basettu]]>
<![CDATA[ Al-Bayyinah Vol 1, No 2 (2017): Desember ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v1i2.15
<![CDATA[AbstractIslam as universal religion, is not limited by time and place, the Koran states that the scope of application of Islamic teachings are for all mankind, human beings wherever it is. Therefor, Islam should be accepted by every human being without having a conflict in which Islam as a religion it must be peksibel for dealing with plural and modern society, he was required to be able to face the challenges of the times.Differences of opinion among scholars that happened viewed by the Orientalists as a precedent, they consider it as a law and said the Islamic law as a legal scholar. Differences of opinion among scholars is seen as a conflict in the law. Coulsons view of Islamic law are dealt with in six lectures delivered at the University of Chicago, and one was reffered to the conflict between idealism and realism.Kata Kunci: Hukum Islam, Ketenangan dan Realisme]]>
<![CDATA[DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION? ]]>
<![CDATA[Jasmaniar Jasmaniar]]>;
<![CDATA[Sutiawati Sutiawati]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.835
<![CDATA[AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.]]>
<![CDATA[Hukum Islam dan Politik Hukumnya dalam Hukum Nasional ]]>
<![CDATA[Syaifullahil Maslul]]>
<![CDATA[ Al-Bayyinah Vol 3, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v3i1.323
<![CDATA[AbstractDevelopment of National law must pay attention to many aspects, one of which is Islamic law. Islamic law itself has become part of three main sources of law that build national law, namely Islamic law, customary law and western law. Thus, it is important to understand how the legal basis and politics of Islamic law is in the development of national law in the future. This study was conducted in a normative and sociological approach, that Islamic law is guided and preserved by Muslim communities. The results of this study showed; first, the Islamic legal basis in National law is the first principle of the Pancasila and Article 28 E paragraph (1), (2) and Article 29 of the constitution. Pancasila and a quo Articles are not only guarantee the implementation of ubudiyah, but also which are divided into muamalat, munakahat, and jinayat. Various rules have been issued in these fields. Second, the politics of Islamic law in the future must build maintain the Islamic law and renewal (tajdid) of Islamic law in Indonesian context.Keywords: Political Law of National Laws]]>
<![CDATA[The Strategy for Maintaining the Marriage Household with Long-Distance Relationship of State Civil Apparatus at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province ]]>
<![CDATA[Titin Samsudin]]>;
<![CDATA[Siti Anjarwati]]>
<![CDATA[ Al-Bayyinah Vol 5, No 2 (2021): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v5i2.1784
<![CDATA[Long-distance marriage is a phenomenon that usually occurs for reasons such as work reasons. This study aims to examine the long-distance marriage of State Civil Apparatus (ASN) at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province. This research is field research that presents a narrative, descriptive description of the informants with a normative, juridical and sociological theological approach. This study used primary data sources and secondary data. Data was collected through observation, in-depth interview, and documentation for further analysis. The research findings show that the long-distance marriage between Civil Servants in the Regional Office of the Ministry of Religious Affairs of Gorontalo Province is maintained with several strategies, including; good communication, open attitude, honesty, trust, setting the intensity of meetings, fulfilling a living (outwardly and spiritually), being responsible, finding solutions to every problem faced and strengthening and understanding religious values. The implication of the finding is that it can be a reference or reference for people who are undergoing long-distance marriage as a solution in maintaining the integrity of the household.]]>
<![CDATA[PROYEKSI PENERAPAN SISTEM PEMERINTAHAN ISLAM DI NEGARA REPUBLIK INDONESIA ]]>
<![CDATA[Jamaluddin Jamaluddin]]>
<![CDATA[ Al-Bayyinah Vol 1, No 1 (2017): Juni ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v1i1.5
<![CDATA[AbstractThe projection of application sistem Islamic government in Indonesia, have a big chance even seen in social cultural Indonesia nation inspired of yuridis and politic aspects. Likewise, Islam government sistem base on syariah principle that universal can be achieved and applied by all of nation and country.Kata Kunci: Penerapan, Pemerintahan, Islam dan Indonesia.]]>
<![CDATA[HUKUM ISLAM MANDIRI DAN TERINTEGRASI (Berkontribusi Menguatkan Sistem Hukum Nasional berwawasan ke Indonesiaan) ]]>
<![CDATA[Andi Nuzul]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.35
<![CDATA[The implementation of Islamic law in Indonesia has been going on for a long time, which was marked by the birth of several theories of the jurists as well as through legislation both before and after colonialism, and after independence.This paper aims to look at Islamic law in the construction of the national legal system. It is concluded that Islamic law has strengthened the national legal system, grows and develops along the progress of this nation, its enforcement occurs either independently or integratively within the framework of Negara Kesatuan Republik Indonesia (the Unitary State of the Republic of Indonesia).]]>
<![CDATA[THE CONTRIBUTION OF ABU YUSUF'S THOUGHT: ISLAMIC ECONOMIC LAW RENEWAL IN THE PUBLIC FINANCE ]]>
<![CDATA[Rahmaeni Nur]]>
<![CDATA[ Al-Bayyinah Vol 4, No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i1.660
<![CDATA[This paper will specifically examine the economic legal thought of Abu Yusuf, especially in terms of Islamic public financial management. This problem is raised because it is based on the need for a reference in managing a country's finances so that a balance of economic fundamentals can occur. Management of public finances such as tax sometimes becomes a difficult problem to solve. Especially in Indonesia, what often appears is sometimes taxpayersmanipulate tax reports plus extortion from certain parties that provide guarantees to be free from legal cases. The data source in this study is the book of al-kharaj by Abu Yusuf as primary data. The style of study used is adab al mashlahah al-mu'tabarah wa al-'iqtishâd. Contextualizing the current economic reality. The findings in this study indicate that the economic thinking of Abu Yusuf prioritizes the concept of the benefit of the Ummah. The management of public finances, both concerning revenue and expenditure, the government must think about the benefit of the people. Financial management by promoting justice and balance. The implication of the findings of this study is that the management of state finances must be based on the benefit of the citizens. The indicator of all State money management is the welfare of the people. So the government in every program, must think and prioritize the benefit.Keywords: Renewal; Abu Yusuf, Public Finance.]]>
<![CDATA[THE URGENCY OF ISLAMIC LAW ENFORCEMENT ON ENVIRONMENTAL PRESERVATION IN PAREPARE CITY ]]>
<![CDATA[Hannani Hannani]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v4i2.684
<![CDATA[This study aims to explain environmental damage in Parepare City with the urgency of implementing Islamic law in Parepare City. The research methodology is field research with a qualitative descriptive approach. The results of this study indicate that the impact of environmental damage can affect changes in seasons and weather that are irregular and difficult to predict, thus becoming a source of various disasters such as earthquakes and floods. The urgency of implementing Islamic law to utilize the universe and the environment in prioritizing safety, happiness, peace and security as the goal of human life, preventing various disasters, Parepare City is no exception.]]>
