Al-Bayyinah
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.
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<![CDATA[STATUS PERWALIAN JANDA PASCA PERCERAIAN PERSPEKTIF HUKUM ISLAM DAN PERUNDANG-UNDANGAN DI INDONESIA ]]>
<![CDATA[Ahmad Nur]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.42
<![CDATA[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.]]>
<![CDATA[PEMUTUSAN PEMINANGAN SECARA SEPIHAK MENURUT PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Heri nawati]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.38
<![CDATA[This study addresses the issue of termination peminangan unilaterally according to the perspective of Islam, mainly to do with the status of money shopping (dui menre) in the perspective of Islamic law. In addition, it also aimed to find out the Customs termination peminangan sanctions unilaterally according to the perspective of Islamic law. Dui Menre included in the structure of indigenous norms that have been rooted in the culture of Bugis and has become a requirement for the continuation of the Bugis culture within the Covenant of marriage. The issue of Islamic law menre Dui entered in terms of the tahsiniyyah even though according to the custom of Dui menre belongs to the category in terms of wedding customs. So the customs in this regard is under the law the legitimate and a requirement that could cancel the halal in the one is not accepted. Therefore, the law menre Dui according to Islamic law is mubah (permissible) because of its position as a grant.]]>
<![CDATA[TELAAH KRITIS TENTANG LEMBAGA PENGAKUAN ANAK (STUDI KRITIS ANTARA HUKUM ISLAM DAN HUKUM POSITIF) ]]>
<![CDATA[Ahmad Darbi B.]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.41
<![CDATA[The position of the rights of children in child recognition institutions of Islamic law that children born of marriage outside of marriage / outside of marriage are declared valid if the birth of the child is above six months, if less than six months, the child is declared an illegitimate child in a child recognition institution . This is based on QS. al-Ahqaf verse 15 which explains the pregnancy period and breastfeeding period combined then 30 (thirty) months, as well as in QS. Luqman verse 14 describes the breastfeeding period for two years (24 months). Then the deduction from the deduction is six months, as a minimum limit of pregnancy. Whereas in positive law it implies that legitimate children are children born within or due to legal marriage. So, as long as the marriage is legal, the child born is stipulated in a child recognition institution as a legitimate child, provided that the child's father confesses to committing adultery before his marriage takes place. This is based on the substance of KHI Article 99 and Law Number 1 Year 1974 Article 42. Then the Civil Code includes the validity of the child on the argument stating that the inheritance rights of the child out of wedlock will arise after the recognition and ratification.]]>
<![CDATA[HUKUM ISLAM MANDIRI DAN TERINTEGRASI (Berkontribusi Menguatkan Sistem Hukum Nasional berwawasan ke Indonesiaan) ]]>
<![CDATA[Andi Nuzul]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.35
<![CDATA[The implementation of Islamic law in Indonesia has been going on for a long time, which was marked by the birth of several theories of the jurists as well as through legislation both before and after colonialism, and after independence.This paper aims to look at Islamic law in the construction of the national legal system. It is concluded that Islamic law has strengthened the national legal system, grows and develops along the progress of this nation, its enforcement occurs either independently or integratively within the framework of Negara Kesatuan Republik Indonesia (the Unitary State of the Republic of Indonesia).]]>
<![CDATA[KEDUDUKAN TAKLIK TALAK MENURUT HUKUM FIKIH DAN KOMPILASI HUKUM ISLAM ]]>
<![CDATA[Hibnu Nugroho]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.40
<![CDATA[The fundamental difference between Jurisprudence Law and Islamic Law Compilation regarding Taklik Talak in Jurisprudence Law and Compilation of Islamic Law According to Fiqh Law is explained in Ahwal Asyakhsiyyah and other book sources states that if taklik talak is violated by the husband, divorce will automatically fall without the consent of the husband and without a verdict from the court Religion and falling talaq are triple divorce. In contrast to the Compilation of Islamic Law mentioned in Article 45 and Article 46, it is explained that divorce falling from Taklik Talak violations can only occur in front of the Religious Court Session with the stipulation that taklik talak is truly pronounced and signed by the husband as authentic evidence that the husband is right violating his divorce pledge and as a judge's judgment in determining his decision.]]>
<![CDATA[POLIGAMI DALAM PANDANGAN MUHAMMAD SYAHRUR ]]>
<![CDATA[Mushlihin Mushlihin]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.44
<![CDATA[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.]]>
<![CDATA[DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46 PUU-VIII / 2010 TENTANG KEABSAHAN STATUS ANAK DI LUAR NIKAH PERSPEKTIF HUKUM PERDATA ISLAM ]]>
<![CDATA[Yulia Yulia]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.39
<![CDATA[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.]]>
<![CDATA[PANDANGAN HUKUM ISLAM TENTANG STATUS ANAK PEREMPUAN YANG LAHIR KURANG DARI 6 BULAN SETELAH AKAD NIKAH ]]>
<![CDATA[Hj. Hamsidar]]>
<![CDATA[ Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v2i1.37
<![CDATA[The view of Islamic law on the establishment of the law and the guardian of his marriage for a girl born less than 6 months from a pregnant marriage differs between classical fiqh scholars with applicable laws in Indonesia (Law Number 1 of 1974 and KHI). According to the scholars of girls born less than 6 months old, they are illegitimate children and the determination of the marriage and guardian of their marriage cannot be with their biological father. Whereas according to applicable law in Indonesia (Law Number 1 Year 1974 and KHI) a girl born less than 6 months from a pregnant marriage is still a legitimate child and her marriage certificate and guardianship is fixed on her biological father. Because of differences of opinion between the ulama and the applicable law in Indonesia regarding this matter, there are two references which all have a strong foundation or foundation, and depending on which guidelines we want to follow.]]>
