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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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KEDUDUKAN TAKLIK TALAK MENURUT HUKUM FIKIH DAN KOMPILASI HUKUM ISLAM Hibnu Nugroho
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.v2i1.40

Abstract

The fundamental difference between Jurisprudence Law and Islamic Law Compilation regarding Taklik Talak in Jurisprudence Law and Compilation of Islamic Law According to Fiqh Law is explained in Ahwal Asyakhsiyyah and other book sources states that if taklik talak is violated by the husband, divorce will automatically fall without the consent of the husband and without a verdict from the court Religion and falling talaq are triple divorce. In contrast to the Compilation of Islamic Law mentioned in Article 45 and Article 46, it is explained that divorce falling from Taklik Talak violations can only occur in front of the Religious Court Session with the stipulation that taklik talak is truly pronounced and signed by the husband as authentic evidence that the husband is right violating his divorce pledge and as a judge's judgment in determining his decision.
PELUANG DAN TANTANGAN PELAKSANAAN PIDANA ISLAM DI INDONESIA Massadi Massadi
Al-Bayyinah Vol 3, No 2 (2019)
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.v3i2.473

Abstract

AbstractThis study discusses the opportunities and challenges of the implementation of Islamic criminal law in Indonesia, which parenthetically is the rule of law. This study examines the opportunities and challenges of applying criminal law in Indonesia. The portrait of Islamic criminal law that is understood by some people is cruel and inhuman, even though such an impression arises because it is not seen as a whole. Islamic criminal law which is part of Islamic law, for example the law of cutting off the hands is often accused of being too cruel and unfair. Though this punishment was only handed down when a number of strict requirements were met. Islamic criminal law has the opportunity to be applied when the principle of law enforcement has a deterrent effect. However, if law enforcement is seen as merely pragmatic and a place to dictate something that is unclear, then Islamic criminal law cannot be applied.Keywords: Opportunity, Challenges, Islamic Criminal Law.AbstrakKajian ini membahas peluang dan tantangan pelaksanaan pidana Islam di Indonesia yang notabenenya adalah Negara hukum. Kajian ini menelaah peluang dan tantangan penerapan hukum pidana di Indonesia. Potret hukum pidana Islam yang dipahami sebagian orang adalah kejam dan tidak manusiawi, padahal kesan semacam itu muncul karena tidak melihat secara utuh dan menyeluruh. Hukum pidana Islam yang merupakan bagian dari syariat Islam, misalnya hukum potong tangan sering dituding terlampau kejam dan tidak adil. Padahal hukuman ini baru dijatuhkan ketika sejumlah persyaratan yang ketat terpenuhi. Hukum pidana Islam mempunyai peluang untuk diterapkan bilamana prinsip penegakan hukum memberikan efek jerah. Namun bila penegakan hukum dipandang sebagai pragmatis semata dan ajang untuk mendialokkan sesuatu yang tidak jelas hukumnya, maka hukum pidana Islam tidak mampu diterapkan.Kata Kunci: Peluang, Tantangan, Pidana Islam.
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.
A Construction of Cash Waqf Management in Bangladesh Hardianti Yusuf; Kiki Reski Amelia; Sahidah Rahmah
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.v5i1.1410

Abstract

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.
Reactualization of Criteria of Wealth in Islam as a Condition for Paying Zakat Maal Mustafa MH.
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.v6i1.2639

Abstract

This article examines the criteria of wealth in Islam as a mandatory requirement in paying zakat maal. The goal is that Muslims avoid being misled in carrying out material religious obligations, such as zakat, infaq, and alms. This research is normative by using a qualitative approach, in describing the results of the study. The results show that the criteria of wealth are defined as the benchmarks used by syara’ in determining a Muslim is called wealthy (Muzakki), namely: First, if you have assets that exceed your basic needs and are free from debt; Second, a Muslim is considered rich, if he has more productive assets than consumptive assets; Finally, possession of property that reaches the niṣab, any type of property is equivalent to the gold niṣab of 20 miṡqāl.
An Islamic Law Perspective on the Concept of Shopeepaylater Muspita Sari; Hardianti Yusuf; LD. Dian Hidayat S; Widia Astuti
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: 10.30863/al-bayyinah.v6i2.2962

Abstract

Technology in this era has developed very rapidly. There are many applications that were created to facilitate human activities. One of them is the emergence of e-commerce that can make it easier for anyone who wants to shop, but is lazy to leave the house. All needs ranging from clothes, food, skincare, bags, food, home furnishings, gadgets, books and many more are available there. All of that is easily obtained in just a matter of minutes or even seconds. By online shopping, it will save energy and time. Only by purchasing goods via smartphone, then waiting for them to arrive at home. One of the e-commerce that is widely used by the public is Shopee application. The more Shopee users, the more Shopee wants to provide all the convenience of facilities and attractive promos every month. The previous payment method could only be via COD (Cash on Delivery), minimarkets, bank transfers and shopeepay. Now you can make payments on credit. The credit concept or ShopeePayLater offered by Shopee by allowing its users to make purchases of goods without having to wait for the money. If there is an urgent to buy goods using ShopeePayLater, then Shopee will lend funds which will then be paid in the following month according to mutual agreement. However, behind all the benefits offered to ShopeePayLater users. There are still many who have doubts about the law because for every transaction, Shopee provides additional handling fees and interest rates. The interest rate referred here clearly includes usury and it is strictly prohibited according to Islamic law.
NIKAH SIRRI MENENTANG PUBLISITAS PERKAWINAN Muhammad Amir Langko
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.v1i2.16

Abstract

AbstractThis writing is to explain the importance of publication in marriage. The aim is ti anticipate the society misperception about relation of husband and wife and to strengthen not neglected or lost. In sirri marriage the aspect of publication is neglected on purpose. Based on the study done, in fact, it is found that there are a difference and similarities between sirri marriage in the concept of fig and the reality found in Indonesian society. The defense is clearly sen on the regulation of marriage recording, while the similarity lies on the aspect of keeping secret from other people and the negative impact which arises as the result of keeping secret the marriage.Kata Kunci: Nikah Sirri, Perkawinan
THE SIMILARITY OF THE MEDINA CHARTER AND THE INDONESIAN CONSTITUTION IN HUMAN RIGHT’S PROTECTION Faiq Tobroni
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.v4i2.836

Abstract

The movement that wants to make an Islamic constitution still threatens Indonesia. This movement is exacerbated by the misunderstanding that the Medina Charter was proof of the obligation for Muslims to establish an Islamic state as was done by the Prophet Muhammad. In fact, the Medina Charter regulates more about the protection of human rights (HAM) for every citizen regardless of religious background.This study aims to examine the position of the Medina charter as an argument for the establishment of the state and the similarity between the Indonesian constitution and the spirit of protecting human rights in the Medina charter. This research is a literature review by examining classical and modern references relevant to the establishment of the state and the Medina Charter. The finding in this research is that the Medina charter is a legal product at the time of the Prophet Muhammad (pbuh). Muslims are not obliged to establish a form of Islamic State and a constitution that is exactly the same as what was done by the Prophet Muhammad (pbuh). In substance, the Medina Charter is a symbol of peace, tolerance and moderation. Thus, philosophically, the spirit of the Medina charter has been embodied in the Indonesian constitution which has prioritized the peace and welfare of the people. The implication of this finding is that there is no necessity for the establishment of an Islamic State. Without declaring an Islamic constitution, the 1945 Constitution accommodates the spirit of protecting human rights which is in line with the Medina charter. 
Hak Kepemilikan Mahar Berupa Tanah dalam Hukum Perkawinan (Analis Menurut Undang-Undang Pokok-Pokok Agraria) Supriadi Supriadi
Al-Bayyinah Vol 3, No 1 (2019)
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.v3i1.321

Abstract

AbstractUU No. 1 of 1974 concerning marriage and Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) is one form of unification and codification of the law in Indonesia concerning marriages governing legal consequences including dowry in the form of land. Land law in Indonesia has been based on UU. No. 5 of 1960 concerning Basic Principles of Agrarian Law (UUPA) and Government Regulation No. 24 of 1997 concerning land registration. The issue of dowry in the form of land in the marriage law is inseparable from the provisions of agrarian law. In the principles view of the establishment of "special regulation that excludes general regulations (lex specialis derogat lex generalis)". Therefore, to provide legal guarantees for the ownership of land dowry, registration must be carried out to issue a certificate on behalf of the wife (owner of the dowry).Keywords: Dowry-Land Ownership-Agrarian Law
The Problematics of Crimination of Self Narcotics Abusers Satriadi Satriadi
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.v5i2.1825

Abstract

The problematics of crimination of self narcotics abusers in Law no. 35 of 2009 Concerning Narcotics is now an actual issue that must get a legal conclusion. The response to narcotics abuse for oneself is urgent to be interpreted in a legal framework by revealing factual and representative answers. This research is classified as normative research, the data obtained through literature study, by collecting primary, secondary, and tertiary legal materials using a statutory approach and a conceptual approach. The analysis used in the form of qualitative normative then described in descriptive analytical. The findings in this study indicate that the type of crime (strafsoort) of narcotics abusers for oneself uses a single system formulation that is absolute and imperative, so that it does not provide space for judges to impose alternative punishments other than imprisonment. The duration of the sentence (strafmaat) uses a special maximum system. The punishment for group I is four years, for group II for two years and for group III for a maximum of one year, the threat of punishment is very heavy, because self narcotics abusers should prioritize coaching over imprisonment. The imposition of a criminal (strafmodus) is only imprisonment. The absence of action sanctions shows that the Narcotics Law prioritizes providing a deterrent effect rather than providing guidance to self narcotics abuser.

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