Al-Bayyinah最新文献

{"title":"Legal Construction against Customer Deposit Protection as a Result Liquidity of PT Bank Perkreditan Rakyat Mustika Utama Kolaka","authors":"Ashadi L. Diab, Rizal Darwis, A. Zubair, Sitti Selamita","doi":"10.30863/al-bayyinah.v6i2.3045","DOIUrl":"https://doi.org/10.30863/al-bayyinah.v6i2.3045","url":null,"abstract":"This article discusses the protection of customer deposits of PT. Bank Perkreditan Rakyat (BPR, rural bank) Mustika Utama Kolaka. This type of research is descriptive and qualitative with data collection methods using observation, interviews, and documentation. The research data is categorized into primary data and secondary data, processed and analyzed through data reduction steps, data presentation, and conclusion drawing with an analytical descriptive approach. The results showed that the procedure carried out by the Financial Services Authority (OJK) in the process of expiring PT. BPR Mustika Utama Kolaka's license was to carry out direct and indirect supervision of the bank. OJK after declaring its business license revoked, the handling of customer deposit protection is carried out based on the procedures established by the Indonesia Deposit Insurance Corporation (IDIC) by referring to Law Number 21 of 2011 concerning the Financial Services Authority. On the other hand, in terms of the legal construction of conflict resolution between customers and the bank, it prioritizes steps to acculturate local wisdom and actualize legal culture in the local community.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124712915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Power of Notary Grants as an Authentic Deal in the Settlement of Inherited Land Ownership Disputes","authors":"A. S. Sulfian, F. Firdaus","doi":"10.30863/al-bayyinah.v6i2.2235","DOIUrl":"https://doi.org/10.30863/al-bayyinah.v6i2.2235","url":null,"abstract":"","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125154988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Justice of a Husband who Performs Polygamy in Classic, Contemporary, and Indonesian Perspectives","authors":"Ruslan Daeng Matteru, Abdulahanaa Abdulahanaa","doi":"10.30863/al-bayyinah.v6i2.3187","DOIUrl":"https://doi.org/10.30863/al-bayyinah.v6i2.3187","url":null,"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.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129189677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Transaction Agreements Through Internet Media Electronic Systems (E-Commerce) in the Perspective of Civil Law and Islamic Law","authors":"Dewi Arnita Sari","doi":"10.30863/al-bayyinah.v6i2.3204","DOIUrl":"https://doi.org/10.30863/al-bayyinah.v6i2.3204","url":null,"abstract":"","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115143309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Islamic Law Perspective on the Concept of Shopeepaylater","authors":"Muspita Sari, H. Yusuf, LD. Dian Hidayat S, Widia Astuti","doi":"10.30863/al-bayyinah.v6i2.2962","DOIUrl":"https://doi.org/10.30863/al-bayyinah.v6i2.2962","url":null,"abstract":"Technology in this era has developed very rapidly. There are many applications that were created to facilitate human activities. One of them is the emergence of e-commerce that can make it easier for anyone who wants to shop, but is lazy to leave the house. All needs ranging from clothes, food, skincare, bags, food, home furnishings, gadgets, books and many more are available there. All of that is easily obtained in just a matter of minutes or even seconds. By online shopping, it will save energy and time. Only by purchasing goods via smartphone, then waiting for them to arrive at home. One of the e-commerce that is widely used by the public is Shopee application. The more Shopee users, the more Shopee wants to provide all the convenience of facilities and attractive promos every month. The previous payment method could only be via COD (Cash on Delivery), minimarkets, bank transfers and shopeepay. Now you can make payments on credit. The credit concept or ShopeePayLater offered by Shopee by allowing its users to make purchases of goods without having to wait for the money. If there is an urgent to buy goods using ShopeePayLater, then Shopee will lend funds which will then be paid in the following month according to mutual agreement. However, behind all the benefits offered to ShopeePayLater users. There are still many who have doubts about the law because for every transaction, Shopee provides additional handling fees and interest rates. The interest rate referred here clearly includes usury and it is strictly prohibited according to Islamic law.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126349814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sociological Aspects in the Determination of Islamic Law","authors":"Ismail Keri, Achmad Musyahid, Kurniati Kurniati","doi":"10.30863/al-bayyinah.v6i2.2944","DOIUrl":"https://doi.org/10.30863/al-bayyinah.v6i2.2944","url":null,"abstract":"Islamic law, as inherent in legalizing a problem faced by society, is an interesting discussion in the reflection of religious law in society. How not, the problems faced by the community continue to grow and are always global, as a large current that must find a solution. The dialogue between the sociological aspect and the establishment of Islamic law is a discourse that continues to get attention and must get factual answers as a result of reformulation of Islamic law towards a better direction. This study is a conceptual study or literature review, which examines data from Islamic law books, books and journals that have relevance. The result of the research shows that, the constructive relation of Islamic law between the sociological aspect and its stipulation is something that cannot be separated. The determination of Islamic law, always considering the sociological aspects of society, shows that the law is for human beings, so it is not surprising that Islamic law is flexible and measurable. The implication that is born in the sociological aspect is the establishment of a sweet and elastic Islamic law determination while still paying attention to its normative and historical aspects.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116746060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Moderasi Fikih Muamalah di Indonesia: Analisis terhadap Paradigma Fatwa Dewan Syariah Nasional","authors":"Amirullah Amirullah, Athoillah Islamy, Hamzah Hamzah","doi":"10.35673/al-bayyinah.v6i1.2634","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v6i1.2634","url":null,"abstract":"","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115396377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Theory of Change in Law: Al-Syatibi's Philosophy of Law","authors":"Sylviah Sylviah","doi":"10.35673/al-bayyinah.v6i1.2605","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v6i1.2605","url":null,"abstract":"The conception of change in law is something that cannot be denied, it is caused by the reality of a very complex era. The birth of Islamic thoughts has become its own style in responding to global challenges and at the same time providing scientific treasures in the field of Islamic law. As-Syatibi is a reformer figure in change in law, especially in the dimension of Islamic legal philosophy. Thus, the reflection of this study reveals Al-Syatibi's conception of thinking in the frame of change in law. The method in this study is a conceptual study with a library approach, which examines books and books related to the object of study. The results show that al-Syatibi's philosophical thought of law cannot be separated from the concept of maslahat embodied in maqashid al-syariah by being seated at several levels of urgency, namely dharuruyah, hajjiyah and tahsiniyah. The conceptual framework of Al-Syatibi's thinking in the concept of change in law in achieving benefit. change in law must lead to human empowerment by reducing normativity and by bringing the law closer to its historical dimension.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129914746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tradisi Yasinan Untuk Mengembalikan Barang Hilang: Studi Living Qur’an di Watampone","authors":"Alimuddin Said, Bunyamin Bunyamin, Hasyim Aidit, M. Misbahuddin","doi":"10.35673/al-bayyinah.v6i1.1900","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v6i1.1900","url":null,"abstract":"This research is entitled Reading Yāsīn as a Tradition to Bring Back Lost Items: A Living Qur'an Study in Watampone. This research is included in the type of descriptive-qualitative research, where the researcher does not just describe the data found in the field, but tries to do a critical analysis of the problem to solve the problem using theological, anthropological and sociological approaches. The results of the study show that QS Yāsīn is one of the surahs in the Qur'an that is much favored by the public. In fact, because it is often read, it makes people who read it memorize it spontaneously by heart without any intention of memorizing it. The more we see, hear and read so that Surah Yāsīn is no longer used as a healer of the heart, but now Surah Yāsīn has become part of various religious rituals. The practice of Reading Surah Yāsīn (Yāsīnan) has its own position in the traditions of some Muslims, especially in Watampone. Even though the tradition is disputed, Surah Yāsīn is often read at certain times such as when someone is facing the sakaratul maut (the moment of dying), Thursday night, the night of Nisfu Sya'ban, tahlil, and so on. The practice of Yāsīnan to bring back lost items carried out by some people in Watampone is by reading it 41 times and the steps in the process vary, some are just reading as well as reading other verses in the Qur'an. Some people do not agree if reading Surah Yāsīn with various tools such as a sieve, coconut or even using incense sticks because it is close to shirk. People in Watampone try to interact with the Qur'an in various ways, both verbally, in writing, and in actions, both in the form of thoughts, experiences, emotionally, and spiritually. They believe that when they interact with the Qur'an, their life will find happiness in this world and the hereafter. To get the instructions of the Qur'an, they try to be able to read it and understand its contents and practice it, even though just reading it is considered as worship for them. The reading of the Qur'an produces various understandings according to their respective abilities, and this understanding gives birth to diverse behaviors in the midst of society as an interpretation of the Qur'an in their lives, both on the theological, philosophical, psychological, and cultural levels. The tradition of people in Watampone in understanding the Qur'an or more precisely the typology of human interaction with the Qur'an in the city of Watampone needs to be introduced kaffah as a treasure and a frame in seeing the many styles and models of community interaction with the Qur'an, especially regarding Surah Yāsīn. In this case, the concept of living Qur'an focuses more on Watampone community groups who really understand the Qur'an itself.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126291762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Existence of Financial Management Patterns in The Public Service Agencies","authors":"I. A., Ma'adul Yaqien Makkarateng, Mustakim La Dee","doi":"10.35673/al-bayyinah.v6i1.2431","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v6i1.2431","url":null,"abstract":"This study discusses the financial management of the Public Service Agency (Badan Layanan Umum/BLU) in providing flexibility in the form of the flexibility to implement healthy business practices, improve services to the community and promote general welfare and educate the nation's life. By using descriptive analysis method and normative juridical approach, this research intends to describe something that is the object of critical research through qualitative analysis. Financial Management in BLU is widely applied in several government agencies that provide public services such as hospitals and government-owned higher education providers. Although the management of BLU is carried out separately from the parent agency, it must still be subject to and comply with the applicable laws and regulations regarding state finances.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124751996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}