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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 8 Documents
 1 
Search results for , issue "Vol 4, No 1 (2020)" : 8 Documents clear
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.
MANAGEMENT AND UTILIZATION OF PRODUCTIVE WAQF IN EMPOWERING COMMUNITY’S ECONOMY Hardianti Yusuf
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.v4i1.646

Abstract

Productive Waqf becomesone of solution in empowering community in sector of economy. After the birth of Law no. 1 of 2004 concerning waqf that has mandated productive management of waqf. The limited paradigm management of waqf in worship has reduced the position of waqf as Islamic philanthropy. Waqf property in form of land in Bone Regency is classified enormous in terms of quantity. However, the management is not in line with the mandate of the waqf law, since it has not excellentlyaffected the economic sector. Pesantren Al-Mubarak Sibulue District Bone Regency has made a breakthrough by developing pesentren. The function of pesantren as an educational institution and its function in the economic sector. Utilization of productive waqf in empowering community’seconomy is interesting to be studied, assumed that the productive management of waqf is rare. The research data were collected through observation, interviews and documentation. The research findings showed that the management of productive waqf atPesantren Al-Mubarakismini market and broiler farm. Pesantren, as an educational institution, has a dual function, namely to finance activities planned by the school and to facilitate community to the economyaccess. Management of productive waqf is not optimaldue to inadequate human resources. The finding of this researchmight implicate for the spirit of productive waqf empowerment by providing adequate human resources as a step in maximizing the management and utilization of waqf.Keywords: Management; Utilization; Productive Waqf; Al-Mubarak. 
AN ANALYSIS OF JOKOWI’S POLICY IN REFUSING THE RETURN OF FORMER ISIS FOREIGN TERRORIST FIGHTERS INDONESIAN CITIZENS Irfan Amir
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.v4i1.806

Abstract

Industry 4.0 which is supported by the concept of the internet of think has influenced the pattern of indoctrination of radical-terrorism groups. Based on the results of the study, after the declaration until the collapse of the Islamic State of Iran and Syria (ISIS) there were at least 689 foreign terrorist fighters who came from Indonesia and hoped to be repatriated to the country. However, because of security considerations, President Joko Widodo firmly refused. To address this issue, the author conducts normative-empirical legal research using library research methods. The results showed that Indonesian citizens involved in organized international crimes such as ISIS can be banned from returning to Indonesia on a legal basis using Article 98 Paragraph 1 of Law No. 6 of 2011 concerning Immigration and Article 263 Paragraph 2 letter (a) Government Regulation No. 21 of 2013 concerning Regulations for Implementing the Immigration Law. Besides, terrorist sleep cells of ISIS in the country can at any time carry out suicide bomb attacks as a signal given by their group. As an ideological network, these terrorism sleep cells are clandestine and begin to involve women and children as suicide bombers.Keywords: Foreign Terrorist Fighter; Terrorism; ISIS.
THE CONTRIBUTION OF ABU YUSUF'S THOUGHT: ISLAMIC ECONOMIC LAW RENEWAL IN THE PUBLIC FINANCE Rahmaeni Nur
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.v4i1.660

Abstract

This paper will specifically examine the economic legal thought of Abu Yusuf, especially in terms of Islamic public financial management. This problem is raised because it is based on the need for a reference in managing a country's finances so that a balance of economic fundamentals can occur. Management of public finances such as tax sometimes becomes a difficult problem to solve. Especially in Indonesia, what often appears is sometimes taxpayersmanipulate tax reports plus extortion from certain parties that provide guarantees to be free from legal cases. The data source in this study is the book of al-kharaj by Abu Yusuf as primary data. The style of study used is adab al mashlahah al-mu'tabarah wa al-'iqtishâd. Contextualizing the current economic reality. The findings in this study indicate that the economic thinking of Abu Yusuf prioritizes the concept of the benefit of the Ummah. The management of public finances, both concerning revenue and expenditure, the government must think about the benefit of the people. Financial management by promoting justice and balance. The implication of the findings of this study is that the management of state finances must be based on the benefit of the citizens. The indicator of all State money management is the welfare of the people. So the government in every program, must think and prioritize the benefit.Keywords: Renewal; Abu Yusuf, Public Finance.
THE APPROVAL OF FREEHOLD TITLE IN INHERITANCE LAWSUIT AT GORONTALO RELIGIOUS COURT Titin Samsudin; Nur Hairat Adam
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.v4i1.688

Abstract

Freehold Title acts as strong evidence of that certificate holder, as long as there is no other more reliable evidence. In Case Number. 0337/Pdt.G/2016/PA.Gtlo. authentic freehold title is declared not legally binding while in Case Number 38/Pdt.G/2012/PN.Gtlo., quite the opposite. This research is library research, with an empirical juridical approach. This study focuses on the verdict of the Gorontalo Religious Court in Case Number 0337/Pdt.G/2016/PA.Gtlo. The findings of this study are that the Gorontalo District Judicial Judge’s verdict does not make the Gorontalo District Court decision as the basis. The panel of judges in the Verdict Number 0337/Pdt.G/2016/PA.Gtlo. emphasized more on the normative aspects in basing its verdict. The judge did not make a contextual approach in examining the condition of the defendant as an adopted child. The focus of the panel of judges is only on the procedure of making an authentic deed (grant deed), which is considered to be legally flawed and not legally binding. The courtesy of the judge in basing his consideration of the period of the plaintiff’s claim filing, the excellent relationship of the defendant (adopted child) with the heir. The research findings imply that the distribution of inheritance should be carried out properly. The process of claiming inheritance in the Religious Courts of the panel of judges must continue to consider the duration of this new inheritance so that the trial process is not complicated to solve.Keywords: Approval, Freehold Title, Inheritance.
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.
INHERITANCE WITH DIFFERENT RELIGIONS IN COUNTER LEGAL DRAFT OF ISLAMIC LAW COMPILATION: LEGAL EPISTEMOLOGICAL ANALYSIS Ahmad Irfan
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.v4i1.768

Abstract

Islamic inheritance in Counter Legal Draft of Islamic Law Compilation (CLD-KHI) is still an unfinished discussion. Legal reconstruction and contextualization in the modern era have made CLDK interesting to be raised to the surface. Reformulation of Islamic law in various legal constructs seems to be reviewed. This can be seen in several courts, even in jurisprudence that has provided opportunities for an inheritance to non-Muslims. This study is classified as a literature study, which focuses on legal epistemology based on Islamic inheritance in CLDK. This study found that religious differences as a barrier to the inheritance process have maqashid al-shariah in Islam and the value of justice and humanity. Correspondingly, critical and in-depth elaboration of the study of the epistemology of the inheritance law of different religions needs to continue to be developed towards a more comprehensive and constructive paradigm and renewal. Thus, the direction and purpose of Islamic law do not release the essential values that have become the spirit of Islam. This study implies that in the formation of human souls. They are able to portray themselves ideally as the caliph of Allah, on the face of the earth, which always has a sensitivity to every gap and structural and cultural injustice and to realize Islam as rahmatan li al-‘alamin (mercy to the worlds). That needs to be realized in the nine priorities (nawacita) of inheritance law in the establishment of inheritance law in Indonesia.Keywords: Legal Epistemology, Inheritance with different religion, CLD-KHI.
GENDER MAINSTREAMING IN THE HERMENEUTICS OF ISLAMIC FAMILY LAW Athoillah Islamy
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.v4i1.686

Abstract

The problem of gender discrimination for women can occur in all spaces, both public and private spaces as well as in family life. This problem is not only caused by biased socio-cultural construction but can also be caused by biased interpretation of Islamic teachings. Even Though in the Qur'an and the Hadith itself highly upholds the equality of existence between men and women. There are two main objectives in this study. First, to find gender mainstreaming in the construction of Amina Wadud's al-Qur'an hermeneutic method. Second, to understand the application of Amina Wadud's hermeneutic method in interpreting verses about the pattern of gender relations in the family. This research is qualitative in the form of a literature study with a philosophical normative approach. The primary source used is an explanation of Amina Wadud's hermeneutic method in her book entitled Qur'an and Woman Rereading the Sacred Text from a Woman's Perspective. Meanwhile, secondary sources used are various relevant studies. There are two big conclusions of this research. First, Amina Wadud's hermeneutic al-Qur'an method considers three aspects as the basis for the interpretation of a text (verse), among others, the context in which the text was written and interpreted, the grammatical text, and the weltansanschaung. By considering these three aspects, Wadud tried to reinterpret a theological basis (verses of the Qur'an) related to the pattern of gender relations that have been interpreted by many classical commentators. Secondly, Wadud better understood the verses of gender relations in the family as functionalist relations. The functional relationship in question is the cooperative relationship over the distribution of rights and responsibilities between men and women based on their potential.Keywords: Hermeneutics; Amina Wadud; Gender Relations; Family.

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