cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Hamzah
Contact Email
hamzahlatif122@gmail.com
Phone
+6285299598071
Journal Mail Official
albayyinah08@gmail.com
Editorial Address
Jln. Hos Cokroaminoto, Kampus 1 IAIN Bone, Watampone, Kab. Bone, Prov. Sulawesi Selatan, Indonesia
Location
Kab. bone,
Sulawesi selatan
INDONESIA
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 106 Documents
 1   2   3   4   5 
WASIAT YANG MENGHILANGKAN HAK WARIS KARENA ALASAN SILARIANG (KAWIN LARI) MENURUT PERSPEKTIF HUKUM ISLAM Hasyim Sofyan Lahilote
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.v2i2.50

Abstract

This study shows that unrecognized heirs who make mistakes have the right to inherit as long as the heirs fulfill their inheritance rights and do not violate Islamic law and the existing problems should be forgiven and resolved so as not to harm the heirs who will receive inheritance. In connection with a will, an heir may not inherit inheritance to his heirs because the law is forbidden or contrary to syarit such as: inherited by saying: "inheritance for children is divided equally between men and women". Or "choose to love children in the distribution of inheritance, where there are those who get and there are also those who have their inheritance removed" Even the judges will not pass the will later when the division takes place because it is against the Shari'a.
DIALECTICS IN RELATIONSHIP BETWEEN RELIGION AND STATE: A CORRELATION OF RELIGIOUS PRINCIPLES AND IDEALS OF LAW IN INDONESIA Abidin Nurdin
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.v4i1.758

Abstract

Thearticle discusses the dialectics in the relationship between religion and state in its correlation with the ideals of law in Indonesia, which is focused on the variants and principles of religion in the state. There are three variants regarding the relationship between religion and state namely, integralistic, secularistic and symbiotic. Indonesia as a state based on Pancasila which upholds religious values can be included in symbiotic variants. Religious principles in symbiotic variants can be implemented because they do not conflict with Pancasila and the 1945 Constitution of Republic of Indonesia. Between Islam and the ideals of law, in this case Pancasila, is not a contradictory entity but two elements that are in line. These principles are power as trust, deliberation, justice, equality, protection of human rights and independent justice; be valid proof so that the state can be said to be a nation that upholds human dignity and benefits. As a symbiotic state, Islamic law has room in the state, namely as one source of national law. The implication of this study is that between the state and religion there is no conflict, religion is not alpha in providing interpretations about the state. Therefore, between religion and state is not a new thing because the ideals of law and religious values have the same hope that is to achieve mutual benefit.Keywords: Religion; State; Principle, Ideals of Law.
STATUS PERWALIAN JANDA PASCA PERCERAIAN PERSPEKTIF HUKUM ISLAM DAN PERUNDANG-UNDANGAN DI INDONESIA Ahmad Nur
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.v2i1.42

Abstract

Guardians are the legal requirement for marriage, both guardians for widows and girls. Jurists have agreed to this, except for the Hanafi group. This is based on differences in the way the Qur'an and Hadiths are interpreted. Whereas in the legislation in force in Indonesia, the guardian becomes the legal requirement for marriage. If the marriage is carried out without a guardian, the marriage is deemed null and void and the relationship is considered adultery. This was exposed in Article 26 of Law No. 1 of 1974 and Article 19-23 of the Compilation of Islamic Law.
PROBLEMATIKA DALAM PENERAPAN HUKUM WARIS ISLAM Andi Tenri Leleang Tenri Leleang; Asni Zubair Asni Zubair
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.v3i2.477

Abstract

AbstractThis study aims to determine the implementation and constraints that affect the application of Islamic inheritance law. This research is a field research, using descriptive, sociology, normative theology, historicalapproach, and presented qualitatively. The result shows that the implementation of Islamic inheritance law is carried out in kinshipprinciple. Special sections are provided for the heirs who take care of their parents and thepurabage inheritance as absolute power. The application of the law to the distribution of assets is done by dividing the heirs in kinship principle without seeing the provisions of God's law. Problems in the application of Islamic inheritance law include the customary law and poor understanding of Islamic inheritance law.Keywords: Problems, Application, Islamic Inheritance Law.Abstract:Kajian ini bertujuan untuk mengetahui implementasi dan kendala yang mempengaruhi penerapan hukum waris Islam. Penelitian ini merupakan penelitian lapangan, menggunakan metode pendekatan deskriptif, sosiologi, teologi normatif, historis, dan disajikan secara kualitatif. Penelitian menunjukkan bahwa implementasi hukum waris Islam dilakukan secara kekeluargaan. Bahagian khusus yang disediakan untuk ahli waris yang memeilihara orang tuanya dan harta waris pura bage sebagai kekuasaan mutlak. Penerapan hukumnya untuk pembagian harta kalālah dilakukan dengan membagi kepada ahli waris secara kekeluargaan tanpa melihat ketentuan hukum Allah. Problematika dalam penerapan hukum waris Islam di antaranya kentalnya hukum adat dan rendahnya pemahaman hukum waris Islam.Kata Kunci: Problematika, Penerapan, Hukum Waris Islam.
Parental Grants to Children and Their Relation to Inheritance in the Perspective of Positive and Customary Laws of Indonesia Ikhfa Nur Afriani; Rohman Syah; Nur Avita
Al-Bayyinah Vol 7, No 1 (2023): 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.v7i1.3064

Abstract

The understanding of the correlation between parental grants (hibah) to children and inheritance can lead to disputes and conflicts among heirs within families in Indonesia. This article aims to elucidate the correlation between gifts and inheritance, particularly parental gifts to children, from the perspective of positive law and customary law in Indonesia. To achieve this, the author conducted a literature review to examine and analyze various relevant sources on gifts and their correlation with inheritance. This study yielded the following conclusions: Firstly, according to the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and customary law, gifts given by parents to children can be counted as part of the inheritance. Secondly, the status of a child who is a recipient of parental gifts, according to the Civil Code, KHI, and customary law, does not hinder them from receiving their rightful inheritance.
An Analysis of Judges' Considerations in Making Decision About the Case of Application for Marriage Dispensation After the Enactment of Law Number 16 of 2019 Concerning Marriage Jamaluddin T; Yusuf Djabbar
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.v5i1.981

Abstract

After the enactment of Law no. 16 of 2019 concerning marriage which substantially regulates the age of marriage. The increase in the age of marriage regulated in the law has become a polemic in the community, so to obtain their rights, a marriage dispensation is proposed. The application for Marriage Dispensation has become a polemic, because the community has not been able to adapt, so with many reasons the judge can grant the request.Therefore, it is urgent to reveal the judge's considerations as a result of the judge's decision on marriage dispensation. This research is a qualitative field research in the field of law. The research location focuses on the study of judges' considerations in applying for a marriage dispensation at Watampone Religious Court.The approach used in this research is a normative juridical approach, an empirical juridical approach and a sociological juridical approach. The analysis used is descriptive qualitative, with the aim of collecting data, described or described in the form of sentence exposure in accordance with the formulation of the problem. The research findings show that judges in examining and adjudicating marriage dispensation cases are carried out based on the Republic of Indonesia Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.The judge's consideration in making decisionof application for a marriage dispensation emphasizes a persuasive approach and considers the benefit. The implication of this finding is that in the case of dispensation, it should be considered carefully, for the sake of the continuity of the marriage relationship.
Juridic Aspects of the Criminal Action of Child Neglection by Parents Jumriani Nawawi
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.v6i1.2619

Abstract

This research is focused on how positive law enforcement is in providing protection to children from the criminal act of neglection. This study aims to determine the phenomenon related to conflict that often occurs in society in the form of neglect of parents to their children. Protection of children from violent criminal acts in the form of neglection from parents has been strictly regulated in regulations. This type of research is normative juridical research. The research was conducted qualitatively by relying on library research. The results showed that the forms of child neglect were physical neglect, educational neglect, emotional neglect, and medical neglect. Regarding the neglect of children by their parents, they should be legally accountable. The criminal act of neglecting children by their parents is very clearly regulated in the Child Protection Law Number 35 of 2014 concerning Child Protection and the Criminal Procedure Code.  
Provision of Notary Services in Making Preliminary Sale and Purchase Agreement Deeds for Low-Income Communities in Makassar City Alfiana Alfiana; A. Pangerang Moenta; Muhammad Azwan
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: 10.35673/al-bayyinah.v6i2.2795

Abstract

This study aims to determine whether related to the authority of a Notary in providing free services in making of the sale and purchase agreement deed for low-income people and regarding of whether the imposition of sanctions had been realized or not. This research was empirical law and analyzed descriptively qualitative. From the results of the research conducted, it was determined that the provision of free legal services, especially in making of the sale and purchase agreement deed for low-income class in Makassar, had not been realized. Sanctions for notaries who provide free services had never been realized in Makassar. If in the future the public and other Notaries are reported that these obligations are not fulfilled, the Notary Supervisory Council may impose administrative sanctions on the Notary.
PARADIGMA PERUBAHAN HUKUM ISLAM (Eksplorasi Pemikiran Ibnu Qayyim al-Jauziyah) Sitti Rahmawati
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.v1i2.14

Abstract

AbstractIbn Qayyim al-Jauziyah was commonly considered as a liberal Muslim thinker. In his thought about legal changes, he proposes five agents of changes, i.e. time, space, situation, intention, and custom. The legal changes, therefore, occur due to the changes of the five factors. Benefits can only by responding to the changes. Kata Kunci: Perubahan, Hukum, Ibnu Qayyim al-Jauziyah
THE ENVIRONMENTAL LAW ENFORCEMENT: IN THE FRAMEWORK OF POSITIVE LAW AND ISLAMIC LAW Andi Abu Dzar Nuzul; Hamzah Hamzah
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.v4i2.906

Abstract

The environmental law enforcement is a form of re-actualization of the hopes and dreams of a good living environment. The portion and content of positive law in environmental law enforcement are sufficient in ensnaring perpetrators of environmental destruction. In Islamic law, environmental enforcement is something that must be guarded and preserved, this is stated in the Qur'an and hadith. This study is a literature study, which examines the legislation on environmental enforcement and text arguments relating to the environment. The approach in this study is a formal juridical approach to the scale of positive law and a normative approach to Islamic law. The findings in this study prove that the rules regarding environmental law enforcement in positive law are very adequate. In Law Number 32 of 2009, it has accommodated acts of environmental destruction that can be ensnared with administrative, civil and criminal offenses that lead to fines and imprisonment. Meanwhile, in Islamic law, law enforcement against environmental destruction in jinayah law is subject to ta'zir punishment or a sentence stipulated by the government. In the concept of benefit, environmental destruction needs to be enforced because it is against the benefit of human life and/or can threaten the survival of mankind. The implication of this finding is that environmental law enforcement has been regulated in environmental legislation and is very adequate, and this is in line with the concept of negligence in Islamic law, so that environmental violations need to be taken firmly in order to maintain environmental sustainability. Keywords: Law enforcement; Environment; Positive Law; Islamic law. 

Page 1 of 11 | Total Record : 106

 1   2   3   4   5 

Filter by Year

2017 2023


Reset
Filter By Issues
All Issue Vol 7, No 2 (2023): Al-Bayyinah Vol 7, No 1 (2023): Al-Bayyinah Vol 6, No 2 (2022): Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah Vol 5, No 2 (2021): Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah Vol 4, No 2 (2020) Vol 4, No 1 (2020) Vol 3, No 2 (2019) Vol 3, No 1 (2019) Vol 2, No 2 (2018): Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah Vol 1, No 2 (2017): Desember Vol 1, No 1 (2017): Juni More Issue