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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 106 Documents
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The Power of Notary Grants as an Authentic Deal in the Settlement of Inherited Land Ownership Disputes A. Sultan Sulfian; Firdaus Firdaus
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: 10.30863/al-bayyinah.v6i2.2235

Abstract

This study examines the power of a notarial grant deed as an authentic deed in the settlement of inherited land ownership disputes. This study aims to find out how the strength of a notary grant deed which has perfect evidentiary power is related to legal practices that occur in society where there are still many cases of cancellation of a notary grant deed by judges in court. This study is a normative legal research/doctrinal approach which is carried out by analyzing legislation or other legal materials related to the strength of a notary grant deed as an authentic deed in the settlement of inherited land ownership disputes. The results of this study illustrate that basically a notary grant deed has perfect evidentiary power which technically functions to provide guarantees of protection and legal certainty to grantors, grantees, heirs, and related parties. However, in reality the strength of proof of a notary grant deed in court is weak when there are deficiencies in its manufacture which cause the grant deed to be canceled by the judge. The weakness of the grant deed in the evidentiary process so far is because the data included in the deed is not comprehensive so that there are still legal loopholes that have the potential to cause disputes, both from the aspect of legal substance that has not been synchronized between various types of legislation, the role of the legal structure (Notary/PPAT) which has not been maximized in seeing the motivation and prerequisites of the applicant, and the legal culture factor of the community who does not yet have an adequate understanding of the legal mechanism for implementing grants.
METODE ISTINB?T AL-TAR?QAH AL-ISTINB?T AL-J?MIAH BAINA TAR?QAH AL-LAFZIYYAH WA MANAWIYAH DALAM MAQ?SID AL-SYAR?AH MAZHAB SYATIBY Samsidar Samsidar
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.v1i2.18

Abstract

Abstract: The Shari'a of Islamic conveyed in the Qur'an and As-Sunnah in a comprehensive way requires a thorough and sustained scientific study and study. Inside both lafaz are bright and not bright meaning. Meanwhile, the texts of the Qur'an and Sunnah have ceased, while time continues with a number of events and problems that continue to come and go and stop. Therefore, serious efforts are needed to solve problems that are not expressly indicated by the texts. Alquran and Assunnah, is a source of Islamic law, either in the form of orders or prohibitions. In fact the Qur'an and Assunnah are arranged in Arabic. Then of course one way to understand the purpose of the Shari'a in it is the understanding of the language used is the Shari'a with all the ins and outs, in this case the Arabic language, knowledge of Arabic still must be equipped with the ability to understand the meaning of a lafazh nash, istinb?t al- tar?qah al-istinb?t al-j?miah baina tar?qah al-lafziyyah wa manawiyah in maq?sid al-syar?ah mazhab syatibyKata Kunci: Istinbat, Tar?qah AL-Lafziyyah wa Manawiyah
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.
HAK KEWARISAN PADA KARYA CIPTA INTELEKTUAL Hj. Hamsidar
Al-Bayyinah Vol 1, No 1 (2017): Juni
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.v1i1.9

Abstract

AbstractThe principal problem in this writing is how is inherit status of intellectual copyright in Islamic law and positive law. In Islamic and positive law perspective, intellectual copyright is considered as the creator property and categorized as the property which can be inheritance, even partly totally. The ownership right to the intellectual copyright with inheriting cause is considered as a way to get property legally.Kata Kunci: Kewarisan, Hak Cipta dan Intelektual
CHILDREN'S RIGHTS BEFORE THE LAW: A ROLE OF LOCAL GOVERNMENT IN THE CHILD PROTECTION SYSTEM Hatija Asiri; Andi Sugirman
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.v4i2.957

Abstract

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. 
Implikasi Penetapan Usia Minimal Nikah Menurut Pasal 7 Undang-Undang No. 1 Tahun 1974 di Kabupaten Majene Hasyim Hasyim
Al-Bayyinah Vol 3, No 1 (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.v3i1.324

Abstract

This research was a field research. This study emphasized the implications in determining the age of marriage in Article 7 of Act No. 1 of 1974 concerning marriage. This study examined the causes of minimum marriage age and the impact. The nature of this research was qualitative, which examined the sources obtained in field studies. This study was focused to examine the minimum age of marriage in Majene Regency. The analysis used in this study is descriptive qualitative. The results of this study indicated that the cause of marriage age in Majene Regency is the role of parents, low educational level, culture, economy and environment. The implications of determining the minimum age for marriage have a negative impact on the biological and psychological aspects and have a broader chance for children to drop out of school.Keywords: Implication-Minimum Marriage Age-Mejene District. 

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