Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Bilancia is an academic peer-reviewed journal that publishes the current articles and results of research of scholars and students who are deeply concerned with Shariah and Law issues. Bilancia is regularly published twice a year (June and December). The study focuses on the latest discourse in Islamic Law, Islamic Criminal Law, Criminal Law, Civil Law, Civil Court, Islamic Economic Law, Islamic Politic Law, Humanities Law and International Law in Islam, Humanity law and International Law, Sociological Law, Customary Law, Interpretation of Legal Verses and Legal Hadith also Legal Statue, and shariah opinion in astronomy. This is an Open-Access Journal, meaning all content is freely available without charge to users or/institutions. Users are allowed to read, download, copy, distribute, print, search, or link to full-text articles in this journal without asking prior permission from the publisher or author.
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151 Documents
<![CDATA[HERMENEUTIKA HADIS-HADIS HUKUM FAZLUR RAHMAN ]]>
<![CDATA[Heru Susanto]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 13 No. 2 (2019): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v13i2.494
<![CDATA[Fazlur Rahman offered a new methodology in understanding the hadith which he called situational interpretation. This interpretation combines historical and sociological approaches. According to him, the sunnah of the Prophet is more appropriate if viewed as a concept of protection (a general umbrella concept) rather than as a special handle that is absolutely specific. The concept of sunnah and evolution, according to him, includes three categories, ideal sunnah, namely sunnah (practical traditions) and hadith (verbal traditions) which exist together and have the same substance and are attributed to the Prophet and obtain normativeity from him; Second, is the living tradition; and Third, are conclusions drawn from both. The concept of the Sunnah underwent evolution in three periods, firstly, an informal hadith; second, the semi-formal hadith; and third is the formal hadith. This third period causes the actual creative and dynamic sunnah to change into something static, undeveloped and closed.]]>
<![CDATA[HUKUM GADAI DALAM ISLAM DAN PRAKTEKNYA DI SULAWESI SELATAN ]]>
<![CDATA[A. Syathir Sofyan]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 13 No. 2 (2019): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v13i2.495
<![CDATA[The main problem of this research is how Islam views the Pasanra (pawn) implementation system. This type of research is qualitative The data source of this research is books and literature related to the problem of this topic. The results of the discussion showed that the Pasanra (pawning) system of a pawner (rahin) came to the pawn recipient (murtahin) to borrow money to meet the needs of the garden as collateral. The right to control / use the estate is in the hands of the pawner (murtahin) until the repayment of the debt. Debt payments do not know the time limit and the contract ends when the pawner (rahin) pays the debt according to the amount of money borrowed.]]>
<![CDATA[ACUAN TINGGI HILAL PERSPEKTIF NAHDLATUL ULAMA DAN MUHAMMADIYAH ]]>
<![CDATA[Muhammad Syarief Hidayatullah]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 13 No. 2 (2019): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v13i2.496
<![CDATA[In Indonesia, there are two Islamic community organizations, Nahdlatul Ulama (NU) and Muhammadiyah. Hilal mar'i height reference held by these two organizations is different. In determining hilal mar’i height, NU is based on the disk under the moon, while the Muhammadiyah reference is on the moon's disk. This research becomes more interesting when looking at astronomical theory in general which explains that the moon will remain in the shape of a whole round disk regardless of any phase and when calculating the movement of the moon (altitude, azimuth, elongation, parallax, etc.) which will refer to the midpoint the moon disk. On the other hand, the differences in the reference to the hilal mar’i height perspective NU and Muhammadiyah have not been clearly described, and the basic reasons or theories underlying the use of the hilal hilal height reference. The legal basis used by NU and Muhammadiyah in relation to the hilal height reference refers to the syar'i propositions. However, differences in the definition of the new moon makes the two organizations have different ways of determining the beginning of the month.]]>
<![CDATA[TINJAUAN KRIMONOLOGI EKSPLOITASI SEKSUAL PADA ANAK ]]>
<![CDATA[Nur Wahid Musaddiq]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 13 No. 2 (2019): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v13i2.497
<![CDATA[Sexual exploitation of children is a violation of children in the form of sexual violence committed by adults by giving rewards to children, or a third person, or other people who make children treated as sexual and commercial objects. This is forced labor and modern slavery of children because children often experience physical violence and trauma. Factors that cause sexual exploitation of children in Makassar City are environmental factors, technological factors and factors, economic factors, lack of understanding of religion and prevention efforts are carried out in two ways, namely pre-emptive, preventive and repressive measures. Recommendations that the government and the whole community participate in preventing sexual exploitation of children. Efforts that can be done by the community is if there is anything suspicious and should be suspected as a crime of sexual exploitation, the community must report to the authorities so that it can be followed up.]]>
<![CDATA[PENGGUNAAN TELESKOP UNTUK RUKYAT Al-HILAL: ANALISIS PENDAPAT MUHAMMAD BAKHIT AL-MUṬĪ’I DENGAN IBNU HAJAR AL-ḤAITAMĪ ]]>
<![CDATA[Desy Kristiane]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 13 No. 2 (2019): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v13i2.498
<![CDATA[Determination of the beginning of the month on the lunar calendar is marked by the appearance of the new moon seen by the eye after sunset. To find out the appearance of the new moon it takes observation or rukyat. The scholars disagree with regard to the law on the use of assistive devices in rukyat al-hilāl, some do not allow it like Ibn Hajar al-Ḥaitamī and others allow it like Muhammad Bakhit al-Muṭī'i. The difference of opinion between al-Muṭṭ’i and Ibn Hajar al-Ḥaitamī because Muhammad Bakhῑt al-Muṭῑ’i is a scholar with Hanafi ideology, where the Hanafi school of thought is as a master of ra'yi, because he is proficient in using qiyas (analogy). While Ibn Hajar is a Shafi'i scholar whose style is a combination of ahlu ra'yi and ahlu hadith. Although their opinions differ, the stipulations of the law are the same, al-Muṭī'i allows but agrees with Ibn Hajar's reason "fear that what is seen is not the hilal" so if that reason can be eliminated then it can be understood that it can be used to use tools for rukyat al-hilal.]]>
<![CDATA[NILAI KEADILAN DALAM EKONOMI SYARIAH ]]>
<![CDATA[Syaakir Sofyan]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 13 No. 2 (2019): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v13i2.499
<![CDATA[Justice has a variety of meanings covering all aspects of human life, especially in the economic field. Justice occupies a central position in the Islamic economic system. With various meanings of fairness, in broad outline is a condition where all levels of society get equal treatment, equality of compensation, the right to life, and enjoy development without anyone feeling disadvantaged. Justice demand that resources be distributed equitably to all people through Islamic economic instruments. The concept of economic justice in Islam emphasizes equality of rights and avoids social imbalances caused by economic inequality. By creating economic justice for society it will present the concept of brotherhood. With a great commitment to brotherhood and justice, all resources which are sacred mandates are used to realize sharia maqashid.]]>
<![CDATA[ASAS KEBEBASAN DALAM BERKONTRAK MENURUT HUKUM ISLAM ]]>
<![CDATA[Ihsan Aziz]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 13 No. 2 (2019): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v13i2.500
<![CDATA[What is meant by the principle of freedom of contract or what is often referred to as an open system is the existence of the widest possible freedom by law given to the public to enter into an agreement on anything, as long as it does not conflict with statutory regulations, propriety and public order . The affirmation of the existence of freedom of contract can be seen in Article 1338 paragraph (1) of the Civil Code, which states that all treaties made legally apply as a law for those who make them. It is also intended to state the strength of the agreement, which is the same power as a law. Such power is given to all treaties made lawfully.]]>
<![CDATA[DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI ]]>
<![CDATA[Pikahulan, Rustam Magun]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.509
<![CDATA[Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.]]>
<![CDATA[AL-DARURIYAT AL KHAMS DALAM TINDAK PIDANA PENCURIAN: (ANALISIS PUTUSAN DI PENGADILAN NEGERI PINRANG) ]]>
<![CDATA[Saidah, Saidah]]>;
<![CDATA[Rafid A, Noercholis]]>;
<![CDATA[Syatar, Abdul]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.510
<![CDATA[This study discusses al-D{aru>riya>t al-Khams in the Crime of Theft (Verdict Analysis in Pinrang District Court). It is the aim of this study to reveal the relationship between al-daru riyat al-khams and the verdict of criminal sanction of theft in Pinrang District Court. The implication of this study is that the Pinrang District Court verdict has considered aspects of al-daru riyat al-khams regarding assets’ safeguarding in terms of the theft case. The judge decided the case by prioritizing proven divine values by mentioning for the sake of justice based on that one godhead (Believe in the one and only God). Imposing sanctions by the judge is by taking into account the burdensome and mitigating elements for the benefit of the defendant.]]>
<![CDATA[RESEPSI PERNIKAHAN (Antara Sakralitas Agama, Hukum, dan Tuntutan Adat) ]]>
<![CDATA[Muttaqin, Muhammad Ngizzul]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.514
<![CDATA[Celebrating a wedding reception is a necessity and happiness for the bride and groom and their families. In addition to being governed by religion and the state law, wedding receptions are also carried out on the basis of the customs and habits of the people. But in today’s society’s understanding of wedding receptions as a necessity and a requirement that must be carried out based on the luxury and model of events that are mostly carried out by the environment. Until in the end many forget the substance of marriage and favor tradition. As a literature-based study and literature review, this paper will highlight the implementation of a wedding reception from the viewpoint of religion, law and customary demands. The results of this paper are expected to contribute thoughts and understanding of the substance of the wedding reception.]]>
