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[THE ENVIRONMENTAL LAW ENFORCEMENT: IN THE FRAMEWORK OF POSITIVE LAW AND ISLAMIC LAW ]]>
<![CDATA[Andi Abu Dzar Nuzul]]>;
<![CDATA[Hamzah Hamzah]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.906
<![CDATA[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. ]]>
<![CDATA[DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION? ]]>
<![CDATA[Jasmaniar Jasmaniar]]>;
<![CDATA[Sutiawati Sutiawati]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.835
<![CDATA[AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.]]>
<![CDATA[THE URGENCY OF ISLAMIC LAW ENFORCEMENT ON ENVIRONMENTAL PRESERVATION IN PAREPARE CITY ]]>
<![CDATA[Hannani Hannani]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v4i2.684
<![CDATA[This study aims to explain environmental damage in Parepare City with the urgency of implementing Islamic law in Parepare City. The research methodology is field research with a qualitative descriptive approach. The results of this study indicate that the impact of environmental damage can affect changes in seasons and weather that are irregular and difficult to predict, thus becoming a source of various disasters such as earthquakes and floods. The urgency of implementing Islamic law to utilize the universe and the environment in prioritizing safety, happiness, peace and security as the goal of human life, preventing various disasters, Parepare City is no exception.]]>
<![CDATA[LAW ENFORCEMENT ON THE INHERITANCE OF SIRI MARRIED IN THE JUDICIAL VERDICT ]]>
<![CDATA[Rusli Rusli]]>;
<![CDATA[Nur Mohamad Kasim]]>;
<![CDATA[Duke Arie Widagdo]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.756
<![CDATA[Siri marriage is an interesting issue to be discussed in various perspectives. The legal consequences of unmarried marriage need clarity, especially in terms of inheritance rights. The law Number 1 of 1974 concerning marriage has required that marriages be recorded, as a form of legality recognized by the State. But on the other hand, the Marriage Law has provided absolute freedom to get married in accordance with the provisions of their respective religions. In various legal products, through law enforcement in the judiciary, it creates many perspectives, resulting in multiple interpretations in the position of the right of inheritance in siri marriage. This research, more specifically, examines law enforcement against siri marriage by examining judicial verdicts. The research approach focuses more on normative law by focusing on the study of legal norms, in producing new arguments, theories or concepts. The research data were collected through a library review and legal opinion. The findings of this study indicate that law enforcement of the inheritance rights of siri marriage gets a portion of the inheritance by substantially considering the aspects of justice. Judicial decisions consider aspects of legal benefit to the rights arising from unmarried marriage. The implication of this finding is that the marriage law is urgent to be amended, the occurrence of multiple interpretations of legal marriage becomes a gap in the implementation of unregistered marriage.Keywords: Law Enforcement, Siri Marriage, Judge’s Verdicts.]]>
<![CDATA[THE SIMILARITY OF THE MEDINA CHARTER AND THE INDONESIAN CONSTITUTION IN HUMAN RIGHT’S PROTECTION ]]>
<![CDATA[Faiq Tobroni]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.836
<![CDATA[The movement that wants to make an Islamic constitution still threatens Indonesia. This movement is exacerbated by the misunderstanding that the Medina Charter was proof of the obligation for Muslims to establish an Islamic state as was done by the Prophet Muhammad. In fact, the Medina Charter regulates more about the protection of human rights (HAM) for every citizen regardless of religious background.This study aims to examine the position of the Medina charter as an argument for the establishment of the state and the similarity between the Indonesian constitution and the spirit of protecting human rights in the Medina charter. This research is a literature review by examining classical and modern references relevant to the establishment of the state and the Medina Charter. The finding in this research is that the Medina charter is a legal product at the time of the Prophet Muhammad (pbuh). Muslims are not obliged to establish a form of Islamic State and a constitution that is exactly the same as what was done by the Prophet Muhammad (pbuh). In substance, the Medina Charter is a symbol of peace, tolerance and moderation. Thus, philosophically, the spirit of the Medina charter has been embodied in the Indonesian constitution which has prioritized the peace and welfare of the people. The implication of this finding is that there is no necessity for the establishment of an Islamic State. Without declaring an Islamic constitution, the 1945 Constitution accommodates the spirit of protecting human rights which is in line with the Medina charter. ]]>
<![CDATA[MAPPAMMANA TRADITION OF BUGINESE COMMUNITYIN BONE: A LEGAL REVIEW OF ISLAMIC INHERITANCE ]]>
<![CDATA[Nurul Wakia]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.811
<![CDATA[The mappammana tradition is a custom of the Buginese community in Bone as a form of transfer of properties from the heir to the heirs. Mappammana is a system of inheritance that has been practiced in the past to this day. The mappammana mechanism is an interesting issue, because in the millennial era, this system is still used by the Buginese community in Bone in the transfer of properties. It is important to explain the connection of the mappamana tradition in the frame of Islamic inheritance law.Research is a field of research, data sources obtained from interviews with religious leaders and figures of the Buginese community in Bone. The approach used is theological normative, sociological, and anthropological by examining the social phenomenon of the mappaammana system of the Buginese community in Bone. The findings of this study indicate that there are mappammana traditions that are general namely, pabbere and pappaseng, are gifts without any sacred value contained in the object used as maanaa.As for the mappammana, it is 'ampῑkȃle', specifically applies because ampῑkȃleis a sacred gift and is accompanied by a will. Based on Syahrur's hudud theory, at-Tufi's Maslahah, and al-Jauziayah's urf theory, mappammana as a legacy system practiced by the Buginese community in Bone is considered in line with the values of the Islamic inheritance system because it still upholds the values of consensus value and benefit.The implication of this finding is that the distribution of inheritance does not look at the way it is, but the most important thing is the pleasure of the parties in accepting the results of deliberations and distance from disputes between fellow heirs.Keywords: Islamic Inheritance Law; Tradition; Mappammana; Buginese in Bone.]]>
<![CDATA[THE DYNAMICS OF QAWAID FIQHIYYAH: THE CONSTRUCTION AND APPLICATION IN ISLAMIC LAW ]]>
<![CDATA[Ro'is Alfauzi]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.815
<![CDATA[Qawaid al-fiqhiyyah is a helping tool in solving Islamic law which is increasingly complex and continues to experience development. Fiqh principles cannot be put aside for jurisprudence reviewers so that they can understand their urgency and application in carrying out legal itstimbath.This study is a normative theological study, which examines the substance of qawaid al-fiqhiyyah, from its development to its implementation. The data was collected by tracing both classical and contemporary books that study the normative jurisprudence rules and the construction of fiqh rules in the modern era.The finding in this study indicates that qawaid fiqhiyyah has existed since the time of the Prophet (pbuh), Khulafaur Rasyidin to the time of Tabi'in and the modern era. Qawaid fiqihiyyah never disappears or fades because the rules of fiqh are still stored in written form and in the memory of the jurists and are always used in making legal discoveries.In Indonesia, qawaidfiqhiyyah is gathered as a legal basis for deity fatwas in legal considerations. Among them is the National Sharia Council or Dewan Syariah Nasional (DSN) at the Indonesian Ulema Council or Majelis Ulama Indonesia (MUI), qawaid fiqhiyyah is used in legal discovery in various problems faced by society.The implication of this finding is that legal changes will continue to roll in line with the times, but this is not a cause for concern because qawaid fiqhiyyah will be able to provide legal answers.Keywords: Dynamics; qawaidfiqhiyyah; construction; Islamic law.]]>
<![CDATA[THE LAW OF ONLINE ZAKAT BASED ON THE APPLICATION PROVIDING EASINESS IN TRANSACTION OF ZAKAT PAYMENT ]]>
<![CDATA[Sari Utami]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.774
<![CDATA[The importance of zakat distribution in the digital age increasingly shows the existence and urgency of digitalization in all aspects. The purpose of zakat distribution online will facilitate muzakki effectively and efficiently in terms of activities and time in distributing zakat evenly and thoroughly to break the poverty chain, and improve social and economic welfare of the community without having to distinguish between the rich and poor, because behind the distribution of zakat funds is the rights of those who are entitled to receive it (mustahik). This research focused on qualitative research using a descriptive analysis technique which is to conduct an analysis by describing, describing, explaining about paying zakat online in Islamic law. In Islamic view, zakat which is done online is permissible because one of the reasons is that it is only different in form of distribution, namely the transition from manual to automatic. From those who usually come to the institution to pay directly but this time only by accessing and transferring. However, it still does not abandon the terms or conditions in issuing or distributing zakat. Distribution of zakat online is not a problem in terms of Islamic law, because its distribution will facilitate muzakki or Muslims who have an obligation to pay zakat. A muzakki can distribute his zakat online is legal and not a problem legally. Special institutions that are given the mandate in the distribution of zakat will be managed because it is deposited from muzakki which is distributed online and must be in accordance with the principles in sharia provisions. So that the obligation to fulfill or pay zakat continues to be carried out in order to share with others who are entitled to need throughout Indonesia.Keywords: Easiness; Islamic Law; Online; Zakat.]]>
<![CDATA[CHILDREN'S RIGHTS BEFORE THE LAW: A ROLE OF LOCAL GOVERNMENT IN THE CHILD PROTECTION SYSTEM ]]>
<![CDATA[Hatija Asiri]]>;
<![CDATA[Andi Sugirman]]>
<![CDATA[ Al-Bayyinah Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone ]]>
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DOI: 10.35673/al-bayyinah.v4i2.957
<![CDATA[Protection of children's rights before the law has been regulated in Law No. 11 of 2012 concerning the child protection system and is specifically followed up in the Local Regulation of Bone Regency No. 1 of 2014. Children's inability in legal matters makes the State provide protection to children in conflict with the law. Legal protection for children is the obligation of the State as a mandate of the 1945 Constitution. The problem that arises is that cases of children dealing with the law continue to increase, so it is important to see the form of the role of the government in giving rights to children in conflict with the law. This research is a normative empirical study with a normative juridical legal research approach. Analyzing legal theories and statutory regulations, comparison of laws (comparison approach). The findings of this study indicate that children who are in conflict with the law, the government has provided diversion protection, namely protection at the level of the judicial process, investigation and prosecution. The position of diversion is given by the government to children as victims, perpetrators and witnesses in criminal acts. Local governments in providing productive protection for children in trouble by providing educational and economic assistance. The implication of this finding shows that children are the generation of the nation who deserve protection from the State, even though these children are in conflict with the law. ]]>
