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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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IMPLEMENTASI NIKAH FASID DAN NIKAH BATIL (Studi Kasus KUA Kec. Cempa Kab. Pinrang) Abdul Rahim
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.v1i1.12

Abstract

AbstractMarriage fasid and marriage vanity is a form of unauthorized marriage in the eyes of the laws of law and religion. In fact now, many marriages are not in accordance with the procedure and do not meet the pillars and terms of the marriage. Just based on the same likes without seeing the terms and pillars to be met before marriage. Therefore, to overcome such a thing required a principle of selectivity that is a principle in a marriage when a person who wants to marry it must select first with whom he may marry and with whom he is prohibited to marry. Kata Kunci: Nikah Fasid, Nikah Batil
MAPPAMMANA TRADITION OF BUGINESE COMMUNITYIN BONE: A LEGAL REVIEW OF ISLAMIC INHERITANCE Nurul Wakia
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.v4i2.811

Abstract

The mappammana tradition is a custom of the Buginese community in Bone as a form of transfer of properties from the heir to the heirs. Mappammana is a system of inheritance that has been practiced in the past to this day. The mappammana mechanism is an interesting issue, because in the millennial era, this system is still used by the Buginese community in Bone in the transfer of properties. It is important to explain the connection of the mappamana tradition in the frame of Islamic inheritance law.Research is a field of research, data sources obtained from interviews with religious leaders and figures of the Buginese community in Bone. The approach used is theological normative, sociological, and anthropological by examining the social phenomenon of the mappaammana system of the Buginese community in Bone. The findings of this study indicate that there are mappammana traditions that are general namely, pabbere and pappaseng, are gifts without any sacred value contained in the object used as maanaa.As for the mappammana, it is 'ampῑkȃle', specifically applies because ampῑkȃleis a sacred gift and is accompanied by a will. Based on Syahrur's hudud theory, at-Tufi's Maslahah, and al-Jauziayah's urf theory, mappammana as a legacy system practiced by the Buginese community in Bone is considered in line with the values of the Islamic inheritance system because it still upholds the values of consensus value and benefit.The implication of this finding is that the distribution of inheritance does not look at the way it is, but the most important thing is the pleasure of the parties in accepting the results of deliberations and distance from disputes between fellow heirs.Keywords: Islamic Inheritance Law; Tradition; Mappammana; Buginese in Bone.
TINJAUAN HUKUM ISLAM TERHADAP NILAI SAKRALITAS BUDAYA MAPPANRE TEMME DALAM PERKAWINAN ADAT BUGIS BONE Sadiani Sadiani
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.v2i2.53

Abstract

Mappanr temme in Bugis Bone customary marriage is a form of gratitude and gratitude has been able to read and complete the Qur'an. The ability to read the Qur'an is expected to be able to be practiced in navigating the household ark. The implementation of this culture has values that contain wisdom and purpose. The value of cultural sacredness mappanr temme (khataman al-Qur'an) includes; the value of worship, the value of sennu-sennungeng, and the people's belief in the imperfection of marriage if they do not implement mappanr temme. From the value of the sacred, mappanr temme (khataman al-Qur'an) in the review of Islamic law is a culture that may be carried out and is a urf that is valid by looking at the wisdom and purpose of its implementation.
DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46 PUU-VIII / 2010 TENTANG KEABSAHAN STATUS ANAK DI LUAR NIKAH PERSPEKTIF HUKUM PERDATA ISLAM Yulia Yulia
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.v2i1.39

Abstract

The view of Islamic Civil Law on the Validity of the position of Children Outside Marriage, is divided into two topics. First, children born from religious marriages are legitimate, but are not recorded in the Marriage Registration Officer and children born from legal marriages, both religiously and legally positive. Both of them have civil relations with their parents. After the Constitutional Court ruling. Second, the child born from the result of adultery only gets legal protection from the decision of the Constitutional Court, namely in terms of maintenance, protection and livelihood until he is an adult. Not in terms of nasab relations with his father not even getting inheritance rights. The decision of the Constitutional Court can be understood as a general rule of law (lex generalis), while the Marriage Law and Compilation of Islamic Law (KHI) are understood as special legal rules (lex specialis) which have more detailed rules than the Constitutional Court ruling, meaning the decision of the Constitutional Court does not immediately abolish article 2 paragraph 2 of the Marriage Law concerning the recording of marriages. So that the decision avoids the interpretation of legalization of adultery.
MOBILE MARRIAGE ITSBAT SESSION: ITS IMPORTANCE FOR THE UNREGISTERED MARRIAGES Jamaluddin T
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.v4i1.537

Abstract

AbstractMarriage itsbat is a solution to unregistered marriages. Mandate of Law No. 1 of 1974 concerning marriages has required marriages to be recorded, as a form of marriage validity that is recognized by the State. The government's program through the judiciary to conduct marital itsbat for the unregistered marriage. This was facilitated by the implementation of mobile marriage itsbat session for unregistered marriages. An unregistered marriage is ratified through a mobile court integrated service conducted by the Religious Court in the case of marriage law. This study more specifically examines the phenomenon of marriage itsbat through a mobile court session of unregistered marriages in Bone Regency and the application of PERMA No. 1 of 2015 concerning Integrated Service of the Mobile Session, which is focused in the Religious Court Class 1A of Watampone in realizing marriage ratification. This research is a qualitative research in the field of law. Research data were collected through in-depth interviews with Watampone religious court judges, religious counselors and the community. The findings of this study indicate that the urgency of marriage itsbat in the Watampone Religious Court has succeeded in ratifying the marriage of 677 cases that are relevant to PERMA regarding Integrated Service of the Mobile Session. This finding has implications for minimizing the number of unregistered marriages and giving birth to public awareness of the importance of the legal legality of a marriage.Keywords: Marriage itsbat; Mobile Court Session; Watampone Religious Court.
The Concept of Building a Sakinah Household in Long-distance Marriage in Bangkalan Madura: A Psychological Perspective Study Jezeri, Jezeri; Royana, Laela; Afida, Herlina Nur
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.v7i1.4052

Abstract

This study aims to describe long-distance marriage and its impact on family harmony. Researchers found a unique fact in the field, that there are several families who have similar backgrounds in undergoing long-distance marriages, but the success rate is different. There are couples who are harmonious and not secetious, there are couples who must end in divorce. Therefore, long-distance marriage needs to be studied in depth how the concept of long-distance marriage must be known and applied in the family. This study uses qualitative methods that examine the phenomenology of long-distance marriage using interview techniques with three informants in the city of Bangkalan, Madura. The results of this study can be concluded that long-distance marriage has four potentials, both positive and negative. The positive potential of long-distance marriage is that the economy is affordable and more energy efficient without the need to return to a distant home, motivated by enthusiasm for work and generosity. While the negative impacts are not met biological needs, the existence of multiple roles for husband or wife in the family, lack of affection for children and frequent infidelity. While efforts that can resolve or minimize the negative impact of long-distance marriage consist of six factors, namely marrying because of Allah SWT, loving each other, the openness of each partner, being wise and polite, strengthening communication and deliberation, patience and gratitude, forgiveness and tolerance.
Sole Candidate in the Local Leader Election and Its Implications on the Supervision of the Democratic Process in Indonesia Vivin Sanjaya; Imron Rizki A
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.v5i1.1269

Abstract

The sole candidate in the local leader election has become a phenomenon in the world of democracy in Indonesia. The sole candidate in the local leader election in Indonesia, is considered a solution to the impasse of democracy since 2015. This phenomenon has become a solution as well as a polemic in the community, because it is full of monopoly power. This study examines the implementation of a sole candidate in the local leader election in Bone Regency and its implications on the democratic process. This research is classified as field research with qualitative methods, while the approach used is descriptive analytic. The data sources of this research are based on primary data and secondary data. Primary data were taken from the results of interviews and observations. The results of this study indicate that the practice of selecting a sole candidate (choosing an empty column) in Bone Regency is not in the same breath as democracy and reduces the interests of the people's sovereignty in electing a leader. Some of the implications that arise include: a monopoly on political parties, injuring the interests of local communities, sole candidate competition which results in harassment and complications of pressure on voters who campaign for empty columns. As a result, people feel that their rights are not taken into account in the local leader election. The implication of this finding is that in responding to the practice of selecting sole candidates as in Bone Regency, there are many problems, so the sole candidate competition must be ended immediately because it is not in tune with the philosophical meaning of democracy.
The Existence of Financial Management Patterns in The Public Service Agencies Imron Rizki A.; Ma'adul Yaqien Makkarateng; Mustakim La Dee
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.v6i1.2431

Abstract

This study discusses the financial management of the Public Service Agency (Badan Layanan Umum/BLU) in providing flexibility in the form of the flexibility to implement healthy business practices, improve services to the community and promote general welfare and educate the nation's life. By using descriptive analysis method and normative juridical approach, this research intends to describe something that is the object of critical research through qualitative analysis. Financial Management in BLU is widely applied in several government agencies that provide public services such as hospitals and government-owned higher education providers. Although the management of BLU is carried out separately from the parent agency, it must still be subject to and comply with the applicable laws and regulations regarding state finances.
Transaction Agreements Through Internet Media Electronic Systems (E-Commerce) in the Perspective of Civil Law and Islamic Law Dewi Arnita Sari
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.v6i2.3204

Abstract

E-Commerce or what is known as electronic commerce is a product in the digital era. E-Commerce Agreements have become a new color in the economic world, especially in providing convenience in making an agreement in a transaction. Like an agreement in general, but the difference is that the contract is not in one assembly. It is urgent to get a factual answer related to its validity in the dimensions of civil law and Islamic law. nik. This study is normative research with literature study. The results of this study indicate that: (1) Even though there is one of the legal conditions of the agreement that is not fulfilled, namely the qualification requirements of the parties, the agreement made by the merchant and customer remains valid and binding and becomes a law for merchants and customers because the skill requirements are included in subjective conditions where a condition is not fulfilled in the agreement. does not cause the agreement or contract to be invalid, but the agreement or contract can be requested for cancellation. Meanwhile, according to the Islamic perspective, it is permissible as long as it does not contain elements that can damage it, such as tyranny, fraud, cheating, containing usury, forbidden cases and the like and fulfilling the pillars and conditions of buying and selling. (2) Then, problems in the implementation of E-Commerce can actually be overcome by using technology assistance, including cryptography and digital signatures that are useful for providing guarantees of data authenticity, data confidentiality, and data validity using SSL (Secure Socket Layer) on the browser engine to provide security against eavesdropping. data in the process of electronic transactions. Cooperation between merchants and banks and account and credit card issuers to ensure the accuracy of the data submitted, especially regarding skills. Good faith from the merchant by using software that has been tested to always update the information submitted in order to provide correct information about the existence of the goods.
PROFIL MAQ?SID AL-SYAR?AH (Upaya Membendung Paham Radikalisme dan Mempertahankan NKRI) H. Fathurahman
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.v1i2.17

Abstract

AbstractThis research discusses about the profile of Maq?sid al-Syar?ah. This research aims to stem radicalism ideology using Islamic moderate doctrine or Islam wasa?iyah. This research is also intended to defend The Unitary State of the Republic of Indonesia using priority settlement. This research uses library research. The technique of data collection is finding out some related books and references in the library. Further, the data is compiled systematically. The approach the researcher used is historical, sociological, and usul fiqh. The result of this research shows that the comprehension and impression towards al-dar?r?t al-khamzah are supposed to stem radicalism. Further, the concept of al-masalih} al-sal?sah is also expected to streghten The Unitary State of the Republic of Indonesia as well.Kata Kunci: Maq?sid al-Syar?ah, Radikalisme, NKRI

Page 8 of 15 | Total Record : 145

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