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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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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.
PERGUMULAN KULTUR DAN STRUKTUR DALAM MANAJEMEN ZAKAT DI POHUWATO GORONTALO Ahmad Faisal
Al-Bayyinah Vol 3, No 2 (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.v3i2.492

Abstract

AbstractThis article analyses the management of zakat by local governments. This study is focused on Pohuwato Regency in Gorontalo Province. As a relatively new religious idea, the idea of strengthening zakat management through the Regulations of the Regent is responded variedly by Muslim communities in this area. In general, they show responsive views. They are still categorized into two trends, namely, cultural and structural. This categorization is especially prominent when debating government involvement, community trust, socialization facts, and relevant distribution patterns. Even so, the tendency and categorization seemed to be significantly influenced by people's perceptions and knowledge of the whole discourse that accompanied the idea. Muslim communities generally agree with the Regents' Regulations on zakat, even though they do not know of its existence. Community turmoil only lies in the management of zakat. Keywords: Culture, Structure, Zakat Management.AbstrakArtikel ini menganalisa manajemen zakat oleh pemerintah daerah. Studi ini difokuskan di Kabupaten Pohuwato, Provinsi Gorontalo. Sebagai gagasan keagamaan yang relative baru, gagasan penguatan manajemen zakat melalui Peraturan Bupati ditanggapi secara variatif oleh masyarakat Muslim di daerah ini. Secara umum, mereka menunjukkan pandangan yang responsive, tetap saja terkategorisasi dalam dua kecendrungan, yakni kultural dan structural. Kategorisasi tersebut terutama menonjol ketika memperdebatkan keterlibatan pemerintah, kepercayaan masyarakat, fakta sosialisasi, dan pola distribusi yang relevan. Pun demikian, kecendrungan dan kategorisasi itu tampak sangat dipengaruhi oleh persepsi dan pengetahuan masyarakat terhadap keseluruhan wacana yang menyertai gagasan tersebut. Masyarakat muslim umumnya sepakat dengan Peraturan Bupati tentang zakat, meskipun mereka tidak mengetahui keberadaannya. Kegalauan masyarakat hanya terletak pada sistem pengelolaan zakat. Kata Kunci: Kultur, Struktur, Manajemen Zakat.
Justice of a Husband who Performs Polygamy in Classic, Contemporary, and Indonesian Perspectives Ruslan Daeng Matteru; Abdulahanaa Abdulahanaa
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.v6i2.3187

Abstract

Polygamy in classical views, contemporary views and Indonesian perspectives, is an urgent matter to be known as a treasure trove of Islamic thought. The implication is clearly illustrated that in fact the problem of classic marriage terms has been experiencing developments that are considered by culture and trends to be appropriate for the times. Hadith about polygamy requires interpretation and correlation with the cultural context of marriage that has occurred in various parts of the world, especially in the Arabian Peninsula in the pre-Islamic era, past and present. Through this study, it will reveal polygamy in classic, contemporary and Indonesian dimensions. The method in this study is a literature approach, by examining classic books, books and articles related to polygamy. The results of the study indicate that the scholars agree on justice as a condition for allowing polygamy and for those who violate the terms of justice in polygamy can be subject to sanctions, but there are differences regarding the form of sanctions that can be imposed. In the classical perspective the threat is understood as a threat to morality, while in the contemporary and Indonesian perspective the threat is understood as a threat that can be subject to ta'zir punishment in the form of criminal or civil sanctions, it's just that the legislation governing marriage in Indonesia does not regulate sanctions for violation of the law.
ALTERNATIF DALAM PENYELESAIAN SENGKETA (LITIGASI DAN NON LITIGASI) Rosita Rosita
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.v1i2.20

Abstract

AbstractThere are two ways to settle a dispute: a) litigation, the process of settling a dispute through court system. The dispute settlement by litigation will follow legal procedures in a court, b) non-litigation, dispute settlement out of court system, for example, through negotiation, mediation, arbitration, conciliation, and settlement mediated by kepala desa (village leader) based on local customary law. Each way has its own particular advantages. A settlement through litigation is final, binding, and forcing the litigants to obey the implementation of a verdict. Therefore, an execution is provided as a forcing institution. Meanwhile, a non-litigation system settles disputes in a faster way, financially more efficient, and the verdict may variously be adapted to a broad agreement.Kata Kunci: Penyelesaian sengketa, litigasi, dan non litigasi
Parenting Styles During the Covid-19 Pandemic: A Conception of Islamic Family Law H Baharuddin
Al-Bayyinah Vol 5, No 1 (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.v5i1.788

Abstract

The covid-19 pandemic situation has led to many changes in living conditions and various activities that are mostly carried out at home in order to reduce and prevent the chain of transmission of the corona-19 virus. This study aims to provide an illustration of the role of parents at home during the Covid-19 pandemic situation by providing the rights that must be given to children by correlating them with the concept of childcare in Islamic family law. The urgency in education studies in the review of Islamic family law is to emphasize the position of parents who are not only responsible for providing a living, including in matters of success in education. This is a conceptual study, which seeks to explore the concept of childcare that is built in Islamic family law. The findings in this study indicate that childcare according to Islamic family law in the covid-19 pandemic situation, namely: 1) teaching children to do good and keep away from badness, this is done by way of parents giving examples and accompanying children when learning, 2) Parenting with affection, this care is done by providing safety and guidance to children, 3) Fulfilling the needs of children. In the conception of Islamic family law it is known as hadanah rights or child care which is widely understood, both in terms of livelihood to children's intelligence. The implication of this finding is that during the pandemic, parents have a significant role, in addition to living needs, parents are also required to ensure children's intelligence through the fulfillment of education. 
Analisis Keakuratan Arah Kiblat Masjid di Kecamatan Tanete Riattang Barat Kabupaten Bone Andi Jusran
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.v3i1.319

Abstract

This article examines and tests the accuracy of the direction of several mosques in Tanete Riattang Barat by using several methods, namely the Qibla azimuth method, Google Earth satellite imagery and using istiwa sticks. In this study, the author describe several mosques as samples and test the accuracy level of Qibla direction, where some people consider the issue of Qibla direction to be a classic problem. But in fact, this problem is still discussed and sometimes controversial. There are parties who agreed, some refused. It is important to note that the Qibla direction is the closest direction to the Ka'bah (Masjid al-Haram) through the great circle of the Earth, the direction where people want to pray so that the direction cannot be considered trivial or even insignificant, which can potentially cause conflict in community. For this reason, the determination of Qibla direction must be correct so that the perfection of worship can be achieved, thus minimizing the potential for conflict of understanding. Keywords : Qibla Direction; Azimuth Qibla; Google Earth; Istiwa Stick.
Moderasi Fikih Muamalah di Indonesia: Analisis terhadap Paradigma Fatwa Dewan Syariah Nasional Amirullah Amirullah; Athoillah Islamy; Hamzah Hamzah
Al-Bayyinah Vol 6, No 1 (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: 10.35673/al-bayyinah.v6i1.2634

Abstract

The development of the Islamic economic system in Indonesia is not always with a positive response in the community. This is often triggered by the community paradigm that is still problematic in responding to the various existing sharia economic fatwas. This normative-philosophical research aims to identify the moderation of the Islamic economic fatwa paradigm formulated by the National Sharia Council (DSN)-Indonesian Ulema Council (MUI). The theory of analysis in this study, namely the moderate fiqh paradigm that was initiated by Muhammad Quraish Shihab. The results of the study show that there is a mode of fiqh moderation in the four foundations of the formulation of the sharia economic fatwa by the DSN-MUI. First, al-Taysîr al-Manhaji. This foundation is in line with the fiqh al-muwazanat paradigm which emphasizes efforts to compare the levels of benefit to be chosen which is better in law formulation. Second,. at-Tafriq baina al-Halal wal Haram. This foundation is parallel to the pattern of the fiqh al-awlawiyat paradigm which considers the priority of the benefits and benefits of the fatwa provisions. Third, I'adah al-Nazhar. This foundation is parallel to the fiqh al-ma'aalat paradigm regarding the importance of reviewing the implications of legal provisions that have been set on the basis of more attainable benefit. Fourth, Tahqiq al-Manath. This foundation is parallel to the fiqh al-maqashid paradigm which emphasizes understanding regarding the purpose of a legal provision. The theoretical implications of this research show that Islamic economic fatwas can always be adaptive and contextual.
STUDI KRITIS LEGISLASI DALAM PERUNDANG-UNDANGAN PERBANKAN SYARIAH Abul Khair
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.v1i1.11

Abstract

AbstractThe presence of sharia banking in Indonesia is just beginning to develop, following the issuance of Law no. 21 of 2008 on sharia banking, although it has been discourse long before the issuance of the Act, which is more than half a century ago. The delay is due to two things. The first is due to political issues. The labeling of "sharia" in the name of banking institutions in the government's perspective, especially in the New Order regime, is seen as part of the concept of an Islamic state. Another obstacle is the issue of legal umbrella that does not yet exist, because the existing law at that time, namely Law no. 14 of 1967 concerning the Principle of Banking, requires the banking to run with the system of interest, while the interest system is seen as a system that is not Islamic. Herein lies the efforts of various Islamic circles to sharia banking legal umbrella can be realized. Periodically, various renewals are made in the concept of national banking. Religious institutions such as MUI, especially post-legitimacy and full authority to issue fatwa in the field of Islamic economics, succeeded in realizing the expectations of society until finally born a special law on sharia banking. But until now, the implementation of Islamic banking system still leaves a variety of problems and still need to be criticized.Kata Kunci: Legislasi, Perbankan Syariah.
LAW ENFORCEMENT ON THE INHERITANCE OF SIRI MARRIED IN THE JUDICIAL VERDICT Rusli Rusli; Nur Mohamad Kasim; Duke Arie Widagdo
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.v4i2.756

Abstract

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.
PANDANGAN FUQAHA TETANG KEWARISAN ANAK DARI HASIL PERKAWINAN BEDA AGAMA MENURUT KUHP PERDATA DAN KOMPILASI HUKUM ISLAM Khalid Khalid
Al-Bayyinah Vol 2, No 2 (2018): 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.v2i2.52

Abstract

Jumhur fuqaha (Malikiyah, Syafi'iyah, and Hanabilah are valid) argue that Muslims should not accept the inheritance of apostates because Muslims do not pass on to unbelievers and apostates belong to unbelievers. Whereas according to the Hanafi school the wealth of apostate people can be inherited to Muslim relatives because Islam is a high religion. When viewed from the point of view of Islamic inheritance law, children born from interfaith marriages do not have the right to obtain inheritance if they are not religious as heirs, in this case the heirs are Muslim. However, if the heir is Muslim while the heirs are not Muslim (non-Muslim), then they still have the right to inherit each other. This is based on the relationship of blood between the testator and heirs. Therefore, to not give exception to children who are of different faiths with their parents, in this case their parents are Muslim and their children are non-Muslim. The government issued a legal stipulation stipulated in the jurisdiction of the Supreme Court of the Republic of Indonesia. Number: 368 K / AG / 1995.

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