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Journal : Al-Mizan (e-Journal)

Sistem Bagi Hasil Pertanian Pada Masyarakat Petani Penggarap di Kabupaten Gorontalo Perspektif Hukum Ekonomi Islam Rizal Darwis
Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (511.828 KB) | DOI: 10.30603/am.v12i1.122

Abstract

Discourse on the cooperation system of agricultural land in the Islamic jurisprudence has to be specific regulated with a familiar term: mudharabah, muzara’ah, musaqah, and mukhabarah. This paper examines the system for the agricultural community in the district of Gorontalo sharecroppers perspective of economics Islamic law. It is a descriptive qualitative research and the data was collected using observation, interviews, and document review. Finding of this study revealed that adapted form of profit sharing land with the agreement of both parties, such as one-half, one-third and one-quarter to see who the provider of seed and operational costs and see nature if crop failure. Implementation of the system for this result is in line with the legal concept of Islamic economics by eliminating injustice to the parties whom to contract it. In addition, these practices have a positive impact for smallholders to raise the level of the economy.
Analisis Yuridis terhadap Perkawinan Perempuan Muallaf dengan Wali Nikah Tokoh Agama: (Studi atas Penetapan Nomor 20/Pdt.P/2012/PA.Smi dan Penetapan Nomor 6/Pdt.P/2013/PA.Sgr) Makbul Bakari; Rizal Darwis
Al-Mizan (e-Journal) Vol. 15 No. 1 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (945.627 KB) | DOI: 10.30603/am.v15i1.835

Abstract

This research discusses to study and analyze the legal considerations of the Panel of Judges' judgments in Stipulation Number 20/Pdt.P/2012/PA.Smi and Stipulation Number 6/Pdt.P/2013/PA.Sgr. about itsbāt nikah in marriage of muallaf women with marriage guardians of religious leaders, then comparing the results of the two determinations. This research is a type of library research that acts descriptive-analytical-comparative. The choices used are juridical-normative and syara. The results of this study indicate that the contextual interpretation of the legal text more fulfills a sense of justice in favor of textual interpretation. Stipulation Number 6/Pdt.P/2013/PA.Sgr. which departs from contextual interpretation by considering socio-cultural and legal awareness of the community and contra legem by way of questioning the meaning (supported legal interpretation) of terminology). Honower Stipulation Number 20/Pdt.P/ 2012/PA.Smi which starts from textual-legalistic interpretation cannot fulfill the sense of justice of the community, but can only fulfill procedural demands.
Eksistensi Penghulu dalam Meminimalisir Perceraian di Kabupaten Gorontalo Utara Hasan Dau; Rizal Darwis
Al-Mizan (e-Journal) Vol. 15 No. 2 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v15i2.1324

Abstract

The position of the headman in marriage and household matters is very important. This is because the headman is in direct contact with the bride and groom's life. This article discusses the existence of the prince in minimizing divorce in North Gorontalo District. This research is a field study with a sociological approach to Islamic law. Data were collected by observation, interview and documentation methods which were processed using qualitative descriptive methods. The results of the study showed that the presence of the headman in North Gorontalo District was very large in his role in minimizing the occurrence of divorce. This success is due to an effective communication effort by the prince with the troubled family and the desire of the troubled party to resolve the problem in a family way.
Studi Historis Perkembangan Kaderisasi Ulama dalam Menghasilkan Fukaha Rizal Darwis
Al-Mizan (e-Journal) Vol. 16 No. 1 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i1.1785

Abstract

The existence of ulama as heirs of the Prophet occupies a strategic role in solving religious problems that occur in society. This research is a library research with the data source in the form of documentation. The data collected were analyzed using a qualitative descriptive method through a historical approach. The results showed that the existence of ulama needs to be maintained through a regeneration model. Historically, the ulama’s regeneration model has been implemented since the era of the Prophet Muhammad, khulafa al-rasyidun, the formation of the school of thought to the era of the industrial revolution 4.0. The ulama’s regeneration models are carried out using the question and answer model, the determination model, the story model, the da'wah model, and the demonstration model. The model for the regeneration of ulama in Indonesia is carried out with the model of education in Religious Higher Education, Islamic boarding schools and the education of ulama regeneration.
Kontekstualitas Fikih Perempuan di Indonesia Rizal Darwis
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1901

Abstract

In reality, women are still considered to be second to men, both from the private and social aspects. This article discusses the contextuality of women in the private and social spheres in Indonesia. This research was studied with a juridical, normative and sociological approach. The results show that the understanding of some people in understanding religion still places religious arguments related to misogynism in positioning men and women in the private and social spheres. Even though in some religious arguments it does not differentiate it. Likewise, in the state guarantee through statutory regulations in Indonesia, the position of citizens is equal before the state, both men and women in the private and public or social spheres.
Pergeseran Praktik Jual Beli Ke Sistem Arisan Pada Masyarakat Desa Dulamayo Selatan Kabupaten Gorontalo Perspektif Hukum Ekonomi Syariah Rizal Darwis; Hajira Bilondatu
Al-Mizan (e-Journal) Vol. 17 No. 1 (2021): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v17i1.2180

Abstract

Selling and buying goods with the regular social gathering system is the same as selling and buying in general. However, buying and selling with this social gathering system is a sale and purchase that is carried out when one party gets a lottery at the social gathering, only getting goods, not money. This study aims to determine the factors that cause buying and selling of goods with the regular social gathering system and how the perspective of sharia economic law on selling and buying goods with the regular social gathering system in Dulamayo Selatan Village. This research is field research with an empirical juridical approach. Data were collected through observation, interviews, and documentation. Then the data collected were analyzed by qualitative descriptive. Based on the results of the research and discussion carried out, it is known: first, buying and selling goods with the regular social gathering system is carried out because it is caused by internal factors, namely the chairman of the regular social gathering gains from money, the price of goods, and discounts if someone gets a lottery by taking money, as well as other factors external, namely because there are parties who cannot afford to buy goods in the case and because Dulamayo Selatan Village is very far from urban areas. Second, buying and selling goods with the regular social gathering system in Dulamayo Selatan Village; in the view of sharia economic law is not allowed because it contains elements of usury, and the practice of the regular social gathering goods being replaced with money is also not allowed because it violates the agreement at the beginning of the sale and purchase of goods with the regular social gathering system and is detrimental to the regular social gathering members.
Seksualitas dan Implikasinya dalam Kehidupan Rumah Tangga Perspektif Sosiologi Hukum Islam Fadli Sukriani Melu; Rizal Darwis
Al-Mizan (e-Journal) Vol. 17 No. 2 (2021): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v17i2.2448

Abstract

Fulfillment of conjugal right, especially sexuality in married couples is important and must be carried out. This paper discusses the sociological analysis of Islamic law related to sexuality and its implications in marriage. This research is a literature review with a sociological approach to Islamic law. The data collected were analyzed descriptively and qualitatively. The results showed that the harmonious relationship between husband and wife can affect the health of the couple's sexual behavior; and vice versa, the health of husband-and-wife sexual behavior can affect the harmony of the couple's relationship. Sexual fulfillment as a form of husband and wife's inner livelihood rights can create a sense of happiness so that the purpose of marriage is realized, namely peaceful (sakinah), love (mawaddah), and affection (wa rahmah).
Tradisi Begalan dalam Pernikahan Adat Banyumasan di Sidareja Cilacap: Studi Filosofis dan Perspektif ‘Urf Mustangin, Akhmad; Darwis, Rizal
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.6366

Abstract

The Begalan tradition is a distinctive ceremonial practice in traditional Banyumasan weddings, particularly preserved in Sidareja District, Cilacap Regency. More than a ritual, Begalan conveys philosophical, moral, and religious values transmitted across generations. This study aims to examine the symbolic meanings and social functions of the tradition using a qualitative ethnographic approach, supported by philosophical analysis and the Islamic legal concept of ‘urf. Data were collected through direct observation of begalan ceremonies, in-depth interviews with cultural figures, and a review of relevant literature. The findings reveal that each item used in the ritual, such as the kukusan (steamer), muthu (pestle), and kendil (clay pot), embodies symbolic messages promoting responsibility, patience, and harmony within marriage. The tradition also serves as a medium for moral education and cultural communication to the wider community. From the perspective of ‘urf, begalan is recognized as a local custom that aligns with Islamic principles. Rather than contradicting religious norms, it reinforces Islamic values through culturally rooted expressions. The tradition demonstrates the adaptive capacity of local culture in responding to social change while maintaining its essential meaning. Accordingly, Begalan is not merely a cultural relic, but a living epistemological system and a collective identity that continues to thrive within Banyumasan society
Kontekstualisasi Hak dan Keadilan melalui Eksepsi dalam Gugatan Rekonvensi Perkara Harta Bersama Fikri, Fikri; Aris, Aris; Saidah, Saidah; Ramadhan, Nurul Fitra; Darwis, Rizal
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4144

Abstract

This study aims to explain the contextualization of rights and justice through exceptions in the counterclaim of marital property lawsuits in the Religious Court of Pinrang. The research method used is normative-legal qualitative research, with a document study to analyze Decision Number 703/Pdt.G/2021/PA Prg. Data analysis is conducted using legal enforcement theory and rights and justice theory. The research results indicate that maximizing exceptions in marital property lawsuits in the Religious Court of Pinrang ensures the protection of rights and justice for all parties involved in society. The context of responses, replies, and rejoinders during the examination of marital property cases is essential to respond to the claims and clarify disputes in society to safeguard the rights and justice of both the plaintiff and defendant. Exceptions in legal enforcement during the examination of cases allow the plaintiff and defendant to assess the validity of claims in the conventional lawsuit, while exceptions in the counterclaim provide an opportunity for the defendant to protect their rights and justice during the proceedings of marital property cases.
Pertimbangan Hakim Dalam Memutuskan Perkara Perceraian Bagi Aparatur Sipil Negara Tanpa Surat Izin Atasan Perspektif Teori Maslahah: Studi Kasus Pengadilan Agama Parepare Mir'ah Thania; Hamang, M. Nasri; Hannani, Hannani; Fikri, Fikri; Darwis, Rizal
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4252

Abstract

Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants in article 3 stipulated that all civil servants intending to divorce had to have prior permission from their superiors or a letter of recommendation from a relevant official. This administrative requirement was mandatory, allowing the judge to consider and decide on divorce cases involving civil servants. This research employed field research with an empirical juridical approach, which was conducted directly to understand the real issues and was then linked to applicable laws, the legal certainty theory, and the maslahah theory (maintaining the objectives of shari'a and achieving benefits/avoiding harms). The research findings concluded that: 1) the divorce requirements in the maslahah theory aimed to reduce the divorce rate among civil servants. Superiors or authorized officials had the right to guide employees to try to preserve their marriages; 2) the Parepare Religious Court granted six months to obtain permission from superiors. If, by the specified deadline, the individual did not have this permission and still wished to divorce, they were required to submit a statement willing to bear the consequences of divorce without the superior's permission. The related consequences were outlined in Government Regulation Number 94 of 2021 on Civil Servant Discipline; 3) there was a connection between the judge's consideration and the maslahah theory. In addition to considering the applicable laws, the judge also took into account aspects of maslahah when making decisions. The maslahah obtained from a formal divorce in the Religious Court included legal certainty and justice in the judge's divorce decree.