Al-BayyinahPub Date : 2021-10-01DOI: 10.35673/AL-BAYYINAH.V5I2.1718
Mirwan Fikri Muhkam, Sukri Badaruddin
{"title":"Religious Pluralism in the Framework of Pancasila Ideology","authors":"Mirwan Fikri Muhkam, Sukri Badaruddin","doi":"10.35673/AL-BAYYINAH.V5I2.1718","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I2.1718","url":null,"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.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121338034","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}
Al-BayyinahPub Date : 2021-10-01DOI: 10.35673/AL-BAYYINAH.V5I2.1762
A. Waris
{"title":"Fiqh Patterns in the Interpretation of al-Alūsī: an Analysis of Interpretation of Rūh al-Ma’ānī","authors":"A. Waris","doi":"10.35673/AL-BAYYINAH.V5I2.1762","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I2.1762","url":null,"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.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130896962","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}
Al-BayyinahPub Date : 2021-08-05DOI: 10.35673/AL-BAYYINAH.V5I1.1269
Vivin Sanjaya, A. ImronRizki
{"title":"Sole Candidate in the Local Leader Election and Its Implications on the Supervision of the Democratic Process in Indonesia","authors":"Vivin Sanjaya, A. ImronRizki","doi":"10.35673/AL-BAYYINAH.V5I1.1269","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I1.1269","url":null,"abstract":"The sole candidate in the local leader election has become a phenomenon in the world of democracy in Indonesia. The sole candidate in the local leader election in Indonesia, is considered a solution to the impasse of democracy since 2015. This phenomenon has become a solution as well as a polemic in the community, because it is full of monopoly power. This study examines the implementation of a sole candidate in the local leader election in Bone Regency and its implications on the democratic process. This research is classified as field research with qualitative methods, while the approach used is descriptive analytic. The data sources of this research are based on primary data and secondary data. Primary data were taken from the results of interviews and observations. The results of this study indicate that the practice of selecting a sole candidate (choosing an empty column) in Bone Regency is not in the same breath as democracy and reduces the interests of the people's sovereignty in electing a leader. Some of the implications that arise include: a monopoly on political parties, injuring the interests of local communities, sole candidate competition which results in harassment and complications of pressure on voters who campaign for empty columns. As a result, people feel that their rights are not taken into account in the local leader election. The implication of this finding is that in responding to the practice of selecting sole candidates as in Bone Regency, there are many problems, so the sole candidate competition must be ended immediately because it is not in tune with the philosophical meaning of democracy.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123990274","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}
Al-BayyinahPub Date : 2021-07-28DOI: 10.35673/AL-BAYYINAH.V5I1.1410
H. Yusuf, Kiki Reski Amelia, Sahidah Rahmah
{"title":"A Construction of Cash Waqf Management in Bangladesh","authors":"H. Yusuf, Kiki Reski Amelia, Sahidah Rahmah","doi":"10.35673/AL-BAYYINAH.V5I1.1410","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I1.1410","url":null,"abstract":"The practice of Waqf-Al-Nuqud in Bangladesh is interesting to discuss. The construction of waqf in Bangladesh is in the spotlight, considering that waqf has played a role in improving the economy and reducing poverty. Bangladesh waqf management has succeeded in providing a positive response for the benefit of the community, so it is certainly interesting to explore waqf construction information. This study is classified as a literature review which is carried out by collecting information and data with the help of various literature references such as reference books, journal articles and research results. The findings of this study indicate that the waqf practice carried out by the state of Bangladesh has been managed by the Social Investment Bank Ltd (SIBL). This bank has developed a social capital market (The Volutary Capital Market). One of the Islamic financial instruments that have been developed is in the management of cash waqf , namely the Mudarabah Cash Waqf Deposit with the option of a specific purpose. This list of destinations is available to the wāqif who will have the right to choose the destinations to be served from the list or other purposes permitted by the Shariah. Regulations in Bangladesh are contained in the 2013 Waqf Special Law which regulates the method of handing over and developing waqf . The implication of this finding is that waqf management in Bangladesh is managed by developing Islamic financial instruments with the deposit model, it can be adopted by other countries in improving waqf management.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133925616","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}
Al-BayyinahPub Date : 2021-07-11DOI: 10.35673/AL-BAYYINAH.V5I1.1432
Asmawati Asmawati
{"title":"The Concept and Implementation of Economic Policy According to Islamic Law","authors":"Asmawati Asmawati","doi":"10.35673/AL-BAYYINAH.V5I1.1432","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I1.1432","url":null,"abstract":"The economy has improved very rapidly in the digital age. The birth of various policies that actually do not consider the religious side, which only cares about profit. This becomes a challenge in providing a factual answer to the conception of economic policy that is in line with economic principles in accordance with Islamic law.So, it is very urgent to re-explore the conception and implementation of economic policies outlined in Islamic law. The study is a conceptual study by conducting a literature review. This study focuses on theories related to the concept of economic policy in the perspective of Islamic law.The findings in this study indicate that economic policies in Islamic law have been stipulated in the Islamic texts which substantially prohibit policies that use people's property, criminalizing policies. Economic policies that are in accordance with Islamic law are policies that are fostering in increasing economic development.This economic policy has long been practiced by the Prophet (pbuh) and his companions during the period ofkhulafaurasyidin as a way to improve the economy with policies that are relevant to the objectives of the Islamic texts. The implication of this finding is that in carrying out economic policies always consider economic policies that are in line with the provisions of the Quran and hadith.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126430160","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}
Al-BayyinahPub Date : 2021-07-11DOI: 10.35673/AL-BAYYINAH.V5I1.981
T. Jamaluddin, Yusuf Djabbar
{"title":"An Analysis of Judges' Considerations in Making Decision About the Case of Application for Marriage Dispensation After the Enactment of Law Number 16 of 2019 Concerning Marriage","authors":"T. Jamaluddin, Yusuf Djabbar","doi":"10.35673/AL-BAYYINAH.V5I1.981","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I1.981","url":null,"abstract":"After the enactment of Law no. 16 of 2019 concerning marriage which substantially regulates the age of marriage. The increase in the age of marriage regulated in the law has become a polemic in the community, so to obtain their rights, a marriage dispensation is proposed. The application for Marriage Dispensation has become a polemic, because the community has not been able to adapt, so with many reasons the judge can grant the request.Therefore, it is urgent to reveal the judge's considerations as a result of the judge's decision on marriage dispensation. This research is a qualitative field research in the field of law. The research location focuses on the study of judges' considerations in applying for a marriage dispensation at Watampone Religious Court.The approach used in this research is a normative juridical approach, an empirical juridical approach and a sociological juridical approach. The analysis used is descriptive qualitative, with the aim of collecting data, described or described in the form of sentence exposure in accordance with the formulation of the problem. The research findings show that judges in examining and adjudicating marriage dispensation cases are carried out based on the Republic of Indonesia Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.The judge's consideration in making decisionof application for a marriage dispensation emphasizes a persuasive approach and considers the benefit. The implication of this finding is that in the case of dispensation, it should be considered carefully, for the sake of the continuity of the marriage relationship.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129379254","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}
Al-BayyinahPub Date : 2021-06-28DOI: 10.35673/al-bayyinah.v5i1.813
A. Bahri
{"title":"Comparative Study: The Concept of Legitimate Children in The Perspective of Positive Law and Islamic Law","authors":"A. Bahri","doi":"10.35673/al-bayyinah.v5i1.813","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v5i1.813","url":null,"abstract":"The interpretation of legal children is endless to discuss, considering that various problems continue to color the dimensions of marriage. Marriage issues that cannot be separated from turmoil to vent interest without obeying religious norms and applicable laws. As a result, it gives birth to a view of the validity of the relationship through informal marriage or that it is not at all bound by the bonds of marriage.Therefore, the indicators of legitimate children are interesting to discuss, in order to get factual answers to the criteria for legitimate children in state law and Islamic law. This study is classified as a literature review that examines the normative juridical and theological aspects. This research is explanatory by examining various laws and regulations relating to children.The summarized data will be analyzed using qualitative analysis and relevant to the theoretical aspects. The findings in this study are that the legitimate child under positive law is determined by the legality of marriage and if the child is out of wedlock still oriented to the legality of marriage. Meanwhile, in Islamic law, it is stipulated as a legitimate child if born from a legitimate marriage, if a child outside of marriage must have a span of six months between the marriage contract and the birth of a child.The implication of this finding is that legally married is the way to give birth to the best generation, because the consequences of illegitimate marriage will adversely affect the generation that was born.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117017091","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}
Al-BayyinahPub Date : 2020-10-12DOI: 10.35673/al-bayyinah.v4i2.815
Ro'is Alfauzi
{"title":"THE DYNAMICS OF QAWAID FIQHIYYAH: THE CONSTRUCTION AND APPLICATION IN ISLAMIC LAW","authors":"Ro'is Alfauzi","doi":"10.35673/al-bayyinah.v4i2.815","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v4i2.815","url":null,"abstract":"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.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114675124","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}
Al-BayyinahPub Date : 2020-10-09DOI: 10.35673/al-bayyinah.v4i2.836
Faiq Tobroni
{"title":"THE SIMILARITY OF THE MEDINA CHARTER AND THE INDONESIAN CONSTITUTION IN HUMAN RIGHT’S PROTECTION","authors":"Faiq Tobroni","doi":"10.35673/al-bayyinah.v4i2.836","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v4i2.836","url":null,"abstract":"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. ","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129856218","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}
Al-BayyinahPub Date : 2019-12-02DOI: 10.35673/al-bayyinah.v3i2.332
Fajar Fajar
{"title":"PEMENUHAN HAK-HAK KAUM DIFABEL DALAM KERANGKA HAK AZASI MANUSIA","authors":"Fajar Fajar","doi":"10.35673/al-bayyinah.v3i2.332","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v3i2.332","url":null,"abstract":"Abstract This study describes the rights of persons with disabilities in the eyes of human rights. Nowadays, the disabled are positioned as second-class people whose rights are often neglected, both from the aspect of policy as well as state development. The state and society as a totality of structures are ignorant in presenting a space that accommodates the rights of people with disabilities based on diversity of every human ability. Therefore, the problems of people with disabilities can be resolved by the approach of social welfare or compassion as a result of the failure of the state to see the core issuesof the diffable holistically. Therefore, in the future there should be a special institution in the form of the Commission for the Protection of the Rights of People with Disabilities (KPHD) to resolve the complexity of disability issues in terms of social, cultural, educational, legal, and political aspects. Keywords: Fulfilment of rights, diffable, Human Rights. Abstrak Kajian ini menjelaskan tentang hak-hak kaum difabel atau disabilitas dalam kacamata Hak Azasi Manusia (HAM). Dimana selama ini kaum difabel diposisikan sebagai masyarakat kelas dua yang seringkali terabaikan hak-haknya, baik dari aspek kebijakan maupun dari aspek pembangunan negara.Negara dan masyarakat sebagai satu totalitas struktur abai dalam menghadirkan suatu ruang yang mengakomodir hak-hak kaum difabel yang didasarkan pada keragaman kemampuan setiap manusia atau difabilitas. Sehingga permasalahan kaum difabel seringkali diselasaikan dengan pendekatan kesejahteraan sosial atau belas kasih sebagai akibat dari kegagalan negara melihat inti permasalahan difabel secara holistik. Oleh karena itu, kedepannya semestinya ada lembaga khusus berupa Komisi Perlidungan Hak-hak Kaum Difabel (KPHD) untuk menyeselaikan kompleksitas permasalahan difabel baik dari sisi sosial, budaya, pendidikan, hukum, maupun politik. Kata kunci: Pemenuhan hak, Difabel, HAM.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128514053","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}