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Ahmad Arief
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Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221
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Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : 19785747     EISSN : 25799762     DOI : https://doi.org/10.24239/blc.v18i1.2993
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 151 Documents
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PEMBAHARUAN HUKUM KELUARGA ISLAM DI BRUNEI DARUSSALAM potabuga, humaira
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i1.516

Abstract

The renewal of Islamic family law in Muslim countries is making rapid progress. This is because the response to legal issues that occur due to the times. Some countries still retain the rule of law of the School they profess, others are absolutely completely free from Islamic law and choose to make modern law as a reference. While other countries are trying to reform the law with a legislative process so that the creation of permanent legal rules in carrying out Islamic family law. The direction of renewal is related to the issue of children and women's rights in marriage or inheritance.
PENGUATAN KEMANDIRIAN HAKIM DALAM MENGEMBAN HUKUM PRAKTIS YANG PROGRESIF DI PENGADILAN NEGERI DONGGALA: (Dari Paradigma Hukum Positivisme Menuju Paradigma Hukum Progresif) akbar, muhammad
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i1.517

Abstract

Freedom and independence of a judge in the birth / creating a progressive decision, is still far from expectations. This is due to size / indicators that should be owned by a judge, such as: independence, integrity and moral ethics, transparency and accountability; supervision / control (internal and external); intellect and professionalism, and impartiality, as well as faith is not maximized. The culture of law seeking justice community can not afford to support the efforts of judges in giving birth to a progressive decision. This is due to the legal culture of society in Indonesia is still low, in the sense that there is a tendency people have poor legal awareness.
HUKUM DAN PERADILAN DALAM MASYARAKAT MUSLIM PERIODE AWAL ISLAM Marzuki, Marzuki
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i1.518

Abstract

This paper deals with law and Islamic court in the period of Prophet an Khulafā’ Rāshidun. In the period of Prophet, law was not widely interpreted since the Prophet was the only source at that time. There was also also no building for the court, but dispute resolution was held in the mosque. In the period of Khulafā’ Rāshidun, especially in ‘Umar’s period, there was a separation betweem legislative, executive, and judicative bodies. There was also building for court, in ‘Uthman’s period, and salaries were given to the judges from Bayt al-Mal. In. ‘Ali’s period, administration of justice began to be independent in solving the case.
PENANGANAN JENAZAH KORBAN BENCANA ALAM BADAN PENANGGULANGAN BENCANA DAERAH DALAM PERSPEKTIF HUKUM ISLAM fajar rahmat aziz
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 2 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i2.522

Abstract

It is the Regional Disaster Management Agency’s (BPBD) onus of South Sulawesi to assist the Governor in organizing regional government administration within the scope of regional disaster management. Among BPBD’s duties in South Sulawesi in handling corpses of natural disaster are: intact Muslim corpses are handled normally, in which the bodies were washed, shrouded, sanctified and buried by following the procedures that have been determined by the Shari'ah. Afterwards, decaying and unrecognizable Muslim corpses were directly shrouded, sanctified then buried. Whilst the large numbers corpses that mixed between Muslims and non-Muslims, were immediately buried and sanctified by religious leaders from each of the existing religious representatives. Hereinafter, the constraints faced by the BPBD of South Sulawesi in handling the corpses of natural disasters include: limited equipment, difficulty in reaching the location and the identification process which requires a long time. The Islamic law view regarding the handling of the natural disasters corpses is that basically, in normal conditions, the corpses must be washed, shrouded, sanctified and buried according to the procedures that have been determined by Islamic law. When a disaster occurs, the handling of the body is still carried out in accordance with the provisions of the Shari'ah but in an emergency situation.
QATH’Y DAN ZHANNY DALAM HUKUM KEWARISAN ISLAM: (ANALISIS MAQASID SYARI’AH TERHADAP SISTEM PEMBAGIAN WARISAN) Subeitan, Syahrul Mubarak; Muthahhar, Ahmad
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i1.523

Abstract

Qath’y and zhanny are a theory in language about a show the text to know the clarity and disguise of the text to a meaning. Qath’y and zhanny in Ushul Fikih used to explain the text of the source of Islamic law in al-Qur’an and Hadis in two things, al-Tsubut (existence) or al-Wurud (sourced from the truth) and ad-Dalalah (interpretation). This article will explain the differences of ulama in two concepts (qath’y and zhanny) is about inheritance law texts. After that, the concept will analyze by Maqasid al-Syari’ah approach. The result from the analysis that the texts of Islamic Inheritance Law is categorize as zhanny ad-Dalalah. The texts that deal with social society (muamalah) has influenced by social-economic in community. So that, creating the consequences of a religious text is about inheritance law to open the modern interpretation.
STUDI KOMPARATIF TENTANG ZAKAT TANAH SEWAAN MENURUT PANDANGAN ISLAM Putri Nabila Masduki; Ashif Az Zafi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A direct order from Allah stated in his kalam namely Al-Qur’an and included the fourth pillar of Islam is zakat. Allah rules those who are able to pay zakat and give it to those who are entitled to receive or mustahiqqin. There are some assets that must be subject to zakat, one of them is zakat rented land. The obligation of zakat on rented land is a difference of opinion among the scholars, including among them who is obliged to pay zakat on leased land. In this application there is still a debate between land owners or land tenants. Imam Hanafi and the ulama 'hanafiyyah are the obligations of the renting party, while Imam Syafi'i and the Syafi'i ulama are of the opinion of the tenant's obligation, this has the opportunity to be compared.
STUDI AL-QURAN DAN HADITS TENTANG EKSISTENSI DAN KONSTRUKSI AKUNTANSI SYARIAH Muhammad Syarif Hidayatullah
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 2 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i2.543

Abstract

The basic concept of accounting is recording and in development is divided into various financial recording systems in different categories. Islam with comprehensive Shari'a not only regulates vertical problems, namely the relationship between humans and God in matters of ubudiyah, but also regulates the horizontal problems of human relations with humans in matters of muamalah and that is where there is accounting activity, the presence of the term sharia accounting shows the existence of Islamic values absorbed in the activity. In principle, the existence of Islamic accounting is contained in the QS. Al-Baqarah / 2: 282. Allah swt. has recommended recording for non-cash transactions, it is not without reason, because it certainly contains benefits in it. The construction of sharia accounting based on verses of the a-Quran and hadith is not only value-free activities, but sharia accounting is a combination of accounting (writing) and accountant (writer) activities with an accountant required to be professional and to have an honest personality and to work patiently and conscientiously apart pay attention to sharia standards in financial statements.
KONTRIBUSI PEMIKIRAN MAQASID SYARI'AH THAHIR IBNU ASYUR DALAM HUKUM ISLAM Orien Effendi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 2 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i2.549

Abstract

AbstractAs time goes by new problems in life always arise. Advances in science and technology have a profound influence on the problems of these new types in today's life. The provisions of Islamic law from previous thinkers seemed to be left behind if not immediately renewed to be able to keep up with the pace of development in times with increasingly diverse new problems. Of course there was nothing wrong with what the Muslim leaders had assembled at the time when formulating an Islamic law to solve the problem, at least what was compiled at that time could still be implemented right now, but a slight adjustment was needed in order to become Islamic law which has legal certainty both in its application as law in a particular group and in its application as public law.
PROSESI KHITBAH DI INDONESIA PERSPEKTIF LOCAL WISDOM DAN QAIDAH FIQH Mohammad Alfin Sulihkhodin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 2 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i2.553

Abstract

In an initial process leading to marital ties is identical to the procession of the sermon as the delivery a serious will to get married. Where in general, the family of men first conveyed their intentions to the women. The implementation of sermon is considered important in order to avoid a regret in the future, considering the divorce rate is pretty much happening lately in Indonesia. This research was conducted in literature study, based on consideration of the provisions of the sermon in view of the local wisdom and qaidah fiqh. The procession of sermons in Indonesia as long as they dont conflict with the principles of fiqh and are of good value, the law is good and highly recommended to be implemented.
TINJAUAN ANTROPOLOGI HUKUM DAN MAQASHID AL-SYARIAH TENTANG PERKAWINAN USIA DINI Abdurrahman Hakim
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 2 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i2.570

Abstract

This research aims to analyze the existence of the asynchronous between the reality of the law in society and the existing law in the legislation concerning early marriage. For this reason, this research will be examined using the anthropological of law as an approach to find out three important aspects as objects of study of legal anthropology, namely knowledge of the community about law, the culture of community law, and the behavior of community law. After that, the case of early marriage will be analyzed using the theory of Maqhasid al-sharia. There are two reasons why this research needs to be studied using the theory of maqasid shariah. First, Law No. 1 of 1974 concerning Marriage is a manifestation of Islamic Law. Second, the community considers that early marriage is part of the teachings of Islam because it was once practiced by the Prophet and Aisha. The research method used is descriptive qualitative with the type of library research. The data used are legislation, books, newspapers, journals, and online media.

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