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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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PEMBERDAYAAN YURISPRUDENSI SEBAGAI HUKUM ISLAM (Analisis Fungsional dalam Rangka Optimalisasi Kinerja Hakim Agama) Andi Jasmani
Al-Bayyinah Vol 1, No 1 (2017): Juni
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.v1i1.7

Abstract

AbstractReligion judge is one of human service for justice seeker through religion judicature. These is one principle that religion judge as other judges cannot refuse lawsuit with unarranged reason by the law.In doing the principle above, jurisdiction has an important role. This is caused by the cases which have the similarities. The fact shows that the laws cannot cover all cases well because of article faktor which is interpretative or the case is new one from this fact, religion judge has to have broad knowledge about jurisdiction. Thats the cause that jurisdiction is admitted as one of the important law source in judicature world.Kata Kunci: Yurisprudensi, Hakim Agama, Pemberdayaan, Analisis Fungsional.
URGENSI KAIDAH AL URF DALAM MENERAPKAN HUKUM SYARA Ade Fariz Fahrullah
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.v2i2.48

Abstract

Habit can influence legal material, proportionally. Islamic law does not position adat as a nonimplicative external factor, but on the contrary, provides accommodation space for adat. This fact, among others, causes Islamic law to be flexible. The character of Islamic law that is accommodative of adat (tradition) is very much in line with the function of Islam as a universal religion (for the whole world). "Face" of Islam in various peoples of the world does not have to be the same (monolithic). The need to reconsider the position of Al-Adat and Al Urf in the structure of Islamic law building. The thinking of Islamic law, both in the form of fatwas, court decisions, laws made for Muslim societies and the laws contained in the books of fiqh, there are more or less elements of Al-adah. The position of Al urf in the building of Islamic law is a material for establishing Islamic law.
THE APPROVAL OF FREEHOLD TITLE IN INHERITANCE LAWSUIT AT GORONTALO RELIGIOUS COURT Titin Samsudin; Nur Hairat Adam
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.v4i1.688

Abstract

Freehold Title acts as strong evidence of that certificate holder, as long as there is no other more reliable evidence. In Case Number. 0337/Pdt.G/2016/PA.Gtlo. authentic freehold title is declared not legally binding while in Case Number 38/Pdt.G/2012/PN.Gtlo., quite the opposite. This research is library research, with an empirical juridical approach. This study focuses on the verdict of the Gorontalo Religious Court in Case Number 0337/Pdt.G/2016/PA.Gtlo. The findings of this study are that the Gorontalo District Judicial Judge’s verdict does not make the Gorontalo District Court decision as the basis. The panel of judges in the Verdict Number 0337/Pdt.G/2016/PA.Gtlo. emphasized more on the normative aspects in basing its verdict. The judge did not make a contextual approach in examining the condition of the defendant as an adopted child. The focus of the panel of judges is only on the procedure of making an authentic deed (grant deed), which is considered to be legally flawed and not legally binding. The courtesy of the judge in basing his consideration of the period of the plaintiff’s claim filing, the excellent relationship of the defendant (adopted child) with the heir. The research findings imply that the distribution of inheritance should be carried out properly. The process of claiming inheritance in the Religious Courts of the panel of judges must continue to consider the duration of this new inheritance so that the trial process is not complicated to solve.Keywords: Approval, Freehold Title, Inheritance.
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.
PEMENUHAN HAK-HAK KAUM DIFABEL DALAM KERANGKA HAK AZASI MANUSIA Fajar Fajar
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.v3i2.332

Abstract

AbstractThis study describes the rights of persons with disabilities in the eyes of human rights. Nowadays, the disabled are positioned as second-class people whose rights are often neglected, both from the aspect of policy as well as state development. The state and society as a totality of structures are ignorant in presenting a space that accommodates the rights of people with disabilities based on diversity of every human ability. Therefore, the problems of people with disabilities can be resolved by the approach of social welfare or compassion as a result of the failure of the state to see the core issuesof the diffable holistically. Therefore, in the future there should be a special institution in the form of the Commission for the Protection of the Rights of People with Disabilities (KPHD) to resolve the complexity of disability issues in terms of social, cultural, educational, legal, and political aspects.Keywords: Fulfilment of rights, diffable, Human Rights.AbstrakKajian ini menjelaskan tentang hak-hak kaum difabel atau disabilitas dalam kacamata Hak Azasi Manusia (HAM). Dimana selama ini kaum difabel diposisikan sebagai masyarakat kelas dua yang seringkali terabaikan hak-haknya, baik dari aspek kebijakan maupun dari aspek pembangunan negara.Negara dan masyarakat sebagai satu totalitas struktur abai dalam menghadirkan suatu ruang yang mengakomodir hak-hak kaum difabel yang didasarkan pada keragaman kemampuan setiap manusia atau difabilitas. Sehingga permasalahan kaum difabel seringkali diselasaikan dengan pendekatan kesejahteraan sosial atau belas kasih sebagai akibat dari kegagalan negara melihat inti permasalahan difabel secara holistik. Oleh karena itu, kedepannya semestinya ada lembaga khusus berupa Komisi Perlidungan Hak-hak Kaum Difabel (KPHD) untuk menyeselaikan kompleksitas permasalahan difabel baik dari sisi sosial, budaya, pendidikan, hukum, maupun politik.Kata kunci: Pemenuhan hak, Difabel, HAM.
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.
POLIGAMI DALAM PANDANGAN MUHAMMAD SYAHRUR Mushlihin Mushlihin
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.v2i1.44

Abstract

The language approach performed by Syahrur in studying the al-Qur'an states that the legal product is very dependent on the socio-cultural context.Syahrur considers the need to reinterpret the texts of the Qur'an in the hope of synchronizing texts with the reality of society whenever and wherever. To realize his idea,Syahrur conceptualizes the Limit Theory (Nazoriyyat al-Hudud). With this Limit Theory,Syahrur tries to apply the texts of the muhkamat al-Qur'an into the reality of life with its limitations. The laws in the Qur'an according to him are elastic which can be drawn and adjusted to the context of place and time. The condition of the community is within the scope of the boundary, and as long as it does not exceed the prescribed limits, the law is permissible.Syahrur regarding polygamy which tries to attract a web of relations between the notion of text and reality deserves careful consideration and consideration.Syahrur wants to show that polygamy is a solution to social problems. Polygamy is considered as a means to provide protection for armalah (widows who have orphans). According to Syahrur, polygamy is an order of syara 'which aims to raise the dignity of single parent women.Syahrur thought about polygamy based on interpretations according to munasabah ayat and nazariya al-hudud (boundary theory),Syahrur does not adhere to the understanding of polygamy in a partial normative manner.
Child Care and Protection in Perspective of Legislation, Human Rights and Islamic Law Lisma Lisma; Roykhatun Nikmah
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.v5i1.1333

Abstract

The empirical reality regarding the issue of care and protection for children is still a global concern. It is necessary to find rules regarding the protection and care of children. Comparing several rules in legislation, human rights and Islamic law in strengthening the position of children as human beings who must receive care and protection. This research is a literature review with a normative juridical approach. Examining various literatures by focusing on aspects of laws and regulations related to care, child protection, human rights and Islamic law. The techniques of analysis used were descriptive and comparative. The findings of this study indicate that child care and protection falls into the category of fulfilling human rights. Child protection is in line with the universal principles of human rights and has a legal umbrella and the power to obtain care and protection. However, the existing regulations have not been maximally implemented. In Islamic law, children have a very high guarantee of protection, this is included in the category of caring for children as the goal of sharia (maqashid syari'ah). The implication of this finding is that the protection of children's rights cannot be negotiated, because the state and religion have provided protection, so what must be enforced is the supervision of the fulfillment of children's rights.
Metodologi Pemikiran Hukum Islam Fazlur Rahman Ma'adul Yaqien Makkarateng
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.v3i1.322

Abstract

This study aims to examine the methodology of Fazlur Rahman's on Islamic law which can be the answer to the renewal of Islamic thought. This study is a descriptive-qualitative study that applies a historical and philosophical approach. Every data is collected through the library research by collecting research materials from various literature. The result of the analysis reveals that Fazlur Rahman’s thought is to set out the Tatbiq approach as a systematic way toward Alquran and al-Hadith and ultimately purchased three kinds of method which are The Critical History Method, The Systematic Interpretation Method and a Double Movement Method. Keywords: Islamic Law-Methodology-Fazlur Rahman.
The Theory of Change in Law: Al-Syatibi's Philosophy of Law Sylviah Sylviah
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.v6i1.2605

Abstract

The conception of change in law is something that cannot be denied, it is caused by the reality of a very complex era. The birth of Islamic thoughts has become its own style in responding to global challenges and at the same time providing scientific treasures in the field of Islamic law. As-Syatibi is a reformer figure in change in law, especially in the dimension of Islamic legal philosophy. Thus, the reflection of this study reveals Al-Syatibi's conception of thinking in the frame of change in law. The method in this study is a conceptual study with a library approach, which examines books and books related to the object of study. The results show that al-Syatibi's philosophical thought of law cannot be separated from the concept of maslahat embodied in maqashid al-syariah by being seated at several levels of urgency, namely dharuruyah, hajjiyah and tahsiniyah. The conceptual framework of Al-Syatibi's thinking in the concept of change in law in achieving benefit. change in law must lead to human empowerment by reducing normativity and by bringing the law closer to its historical dimension.

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