cover
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
Core Subject : Religion, Social,
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
Search results for , issue "Vol 5, No 2 (2021): Al-Bayyinah" : 8 Documents clear
Marriage Contract Through Teleconference During the Covid-19 Pandemic: An Overview of Maqashid Syariah Supriadi Supriadi
Al-Bayyinah Vol 5, No 2 (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.v5i2.1780

Abstract

Rapid technological developments have affected all aspects of people's social life, including in the field of marriage. One indication is the use of teleconference developments as a medium for conducting marriage contracts, but the problem is, Islamic law has not specifically regulated the rules or laws of marriage contracts through teleconference technology or other online media, while the development of information technology is faster and faster when compared to development of legal substance. The issue of the marriage contract via teleconference caused controversy because of differences in interpretation of the concept of the unity of the assembly. This research is a type of normative legal research. Normative legal research that focuses on legal principles related to the implementation of the marriage contract. This study is descriptive in nature, collecting information about a teleconference marriage contract phenomenon. The approach used is a normative theological approach, phenomenology and philosophy. The analytical knife uses the maqashid shariah theory in observing the marriage contract by teleconference. The research findings show that the marriage contract through teleconference which was carried out during the Covid-19 pandemic was reviewed according to maqashid shariah is a legal event that is allowed, and this will be an alternative to avoid harm as a goal to maintain the human soul.
Religious Pluralism in the Framework of Pancasila Ideology Mirwan Fikri Muhkam; Sukri Badaruddin
Al-Bayyinah Vol 5, No 2 (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.v5i2.1718

Abstract

This study aims to explore the value of Pluralism to strengthen the unity of the nation's diversity. Ignorance of cultural values originating from the values of Pancasila is a mistake as a citizen who believes in God because Pancasila is in line with religious values. Pluralism is not just about diversity, but the involvement of diversity itself.Awareness of this plurality will lead to an attitude of mutual understanding of beliefs between citizens and in turn morality will be realized. This research method is qualitative in nature which examines various writings, both books and journals related to Pancasila education, pluralism, multicultural education, and the diversity of Indonesian society.The results of this study found that (1) in a democratic country such as Indonesia, which has the uniqueness of Pancasila democracy, pluralism must be a strength, because without pluralism, the concept of democracy will not be established in Indonesia, (2) through inter-religious education based on culture can prevent penetration outside culture (westernization) and wise use of technology can prevent potential divisions, and (3) Pancasila is a reference to reduce excessive fanaticism and encourage religious activities with respect for other religious people.The implication of this study is that diversity in Indonesia is unique and must be accepted by citizens by respecting each other between religious communities.
The Strategy for Maintaining the Marriage Household with Long-Distance Relationship of State Civil Apparatus at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province Titin Samsudin; Siti Anjarwati
Al-Bayyinah Vol 5, No 2 (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.v5i2.1784

Abstract

Long-distance marriage is a phenomenon that usually occurs for reasons such as work reasons. This study aims to examine the long-distance marriage of State Civil Apparatus (ASN) at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province. This research is field research that presents a narrative, descriptive description of the informants with a normative, juridical and sociological theological approach. This study used primary data sources and secondary data. Data was collected through observation, in-depth interview, and documentation for further analysis. The research findings show that the long-distance marriage between Civil Servants in the Regional Office of the Ministry of Religious Affairs of Gorontalo Province is maintained with several strategies, including; good communication, open attitude, honesty, trust, setting the intensity of meetings, fulfilling a living (outwardly and spiritually), being responsible, finding solutions to every problem faced and strengthening and understanding religious values. The implication of the finding is that it can be a reference or reference for people who are undergoing long-distance marriage as a solution in maintaining the integrity of the household.
Fiqh Patterns in the Interpretation of al-Alūsī: an Analysis of Interpretation of Rūh al-Ma’ānī Abdul Waris
Al-Bayyinah Vol 5, No 2 (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.v5i2.1762

Abstract

The existence of an interpretation can be the key to all the problems that arise among the people from time to time. The tendency of a mufassir(interpreter) in studying and interpreting the Qur'an is able to produce works that are in accordance with his tendencies. In contrast to al-Alūsī, his tendencies in various fields actually make him a different interpreter than others in his interpretation.This article aims to examine the various patterns of interpretation carried out by al-Alūsī in his interpretations of legal verses. This research is a qualitative literature research. The research data was obtained by conducting a literature review of the interpretation of Rūḥ al-Ma’ānī as primary data and other sources as secondary data.The findings of this study indicate that as a person with Sufistic perspective and is seen as having an isyārī pattern, al-Alūsī is not at all affected by his pattern in performing legal istinbat. If you dissect the verses of sharia law, then al-Alūsī still prioritizes his fiqhpattern. Whatever al-Alūsī studies, it appears that his analytical abilities and tendencies are very deep and strong, so that his interpretation takes several types of interpretation.
The Problematics of Crimination of Self Narcotics Abusers Satriadi Satriadi
Al-Bayyinah Vol 5, No 2 (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.v5i2.1825

Abstract

The problematics of crimination of self narcotics abusers in Law no. 35 of 2009 Concerning Narcotics is now an actual issue that must get a legal conclusion. The response to narcotics abuse for oneself is urgent to be interpreted in a legal framework by revealing factual and representative answers. This research is classified as normative research, the data obtained through literature study, by collecting primary, secondary, and tertiary legal materials using a statutory approach and a conceptual approach. The analysis used in the form of qualitative normative then described in descriptive analytical. The findings in this study indicate that the type of crime (strafsoort) of narcotics abusers for oneself uses a single system formulation that is absolute and imperative, so that it does not provide space for judges to impose alternative punishments other than imprisonment. The duration of the sentence (strafmaat) uses a special maximum system. The punishment for group I is four years, for group II for two years and for group III for a maximum of one year, the threat of punishment is very heavy, because self narcotics abusers should prioritize coaching over imprisonment. The imposition of a criminal (strafmodus) is only imprisonment. The absence of action sanctions shows that the Narcotics Law prioritizes providing a deterrent effect rather than providing guidance to self narcotics abuser.
Disqualification of the Candidate Pair for the Elected Regional Head of Sabu Raijua Regency Irfan Amir
Al-Bayyinah Vol 5, No 2 (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.v5i2.1830

Abstract

The dispute over the results of the regional head election of Sabu Raijua Regency which is legally formal has passed the deadline for submitting a dispute request (expired). Through the Constitutional Court Decision No. 135/PHP.BUP-XIX/2021, cancels KPU's decision regarding the determination of the elected pairs of candidates for Regent and Deputy Regent and orders a re-election and disqualification of the elected candidate pair. This research is normative juridical research (doctrinal law research) using a statutory approach and a case approach. The data obtained were analyzed and presented descriptively analytically. The finding in this study indicates that, the basis for the consideration of the Constitutional Court in ordering a re-election and disqualifying the chosen pair chosen by the people of Sabu Raijua Regency, is based on the legal fact that the violation of the principle of 'honest' from the Orient Patriot Riwu Kore pair who from the beginning of the registration stage the prospective candidate pair hides the United States citizenship status he holds, which if this foreign citizenship status is known from the beginning, then administratively does not qualify as a candidate pair. In addition, the election dispute for Sabu Raijua Regency is specific and casuistic which creates a legal need and vacuum, and if it is not acted upon, in principle it has violated the exclusive rights of citizens in government guaranteed by the 1945 Constitution.
Convergence of Islam and Democracy Fajar Fajar
Al-Bayyinah Vol 5, No 2 (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.v5i2.1721

Abstract

This studyattempts to analysethe relationship between Islam and democracy objectively with logical rational arguments. It aims to clarify the differences between Islam and democracy in terms of values and concepts, in addition to explaining the reasons for the rejection of some Muslims against democracy and the arguments underlying their rejection. Then, itattempts to draw a theoretical relationship between Islam and democracy by asking critical questions, logical assumptions, and arguments that rely on the empirical practice of implementing democracy in Indonesia. Islam and democracy were born from two different ontological areas. Islam as a religion is believed to be sacred and absolute truth because ontologically its teachings come from God. While the democratic political system was born from the historical trajectory of human cultural development, it means that democracy is profane secular, and the truth is contextual perspective of the status quo of Muslim elite power politics. The concept of democracy in terms of genealogy, values, and orientation is not entirely the same as Islamic teachings, but it is not denied that Islamic teachings are in many respects substantially in line with the concept of democracy. Thus, Indonesia is a country with the largest Muslim population in the world, so it is fitting for Indonesian Muslims to become enforcers of democracy based on human religious values. That is a model of democracy that not only provides a place for the growth of people's beliefs or religiosity, but also provides space for the realization of human rights. Therefore, democracy as a concept, in its implementation, of course, must be adapted to the context and culture of the local community, especially Islamic communities such as in Indonesia and in the Middle East.
The Concept of Ta’abbudi and Ta’aqquli in Islamic Law Ismail Keri
Al-Bayyinah Vol 5, No 2 (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.v5i2.1992

Abstract

The discourse on the concepts of ta'abbudi and ta'aqquli in Islamic law is a discourse that always lives and develops in tandem with the development of science. Understanding the concept of ta'abbudi and ta'aqquli should continue to use the rules, norms and arguments that serve as guidelines. The concept of ta'abbudi and ta'aqquli, it is urgent to get a basic conception, as a reference in formulating the relevant concept of Islamic law. This study is a conceptual study of literature with a normative theological approach. The findings in this study are that ta'abbudi is a textual provision (The Qur’an and hadith) in the field of worship that must be obeyed even though they do not know the rational reasons, while ta'aqquli allows there to be benefits according to rational reasons, so that reason is given space. The object is also different, ta'abbudi is focused on mahdah worship, while ta'aqquli is in the matter of muamalah. In addition, ta'abbbudi is static, does not provide opportunities for ijtihad, while ta'aqquli provides opportunities for ijtihad. In the construction of Islamic law in the application of the concepts of ta'abbudi and ta'aqquli it turns out to have two legal dimensions. This means that there are certain problems that require ta'abbudi and also conditions that require ta'aqquli. It is not focused on the meaning of lafadz, but rather on the implementation of the law. Because the form of benefit lies in the philosophical meaning of Allah's decree which will have implications for human actions.

Page 1 of 1 | Total Record : 8