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INDONESIA
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
ISSN : 23555173     EISSN : 26569477     DOI : -
JURNAL ILMIAH MIZANI : Wacana Hukum, Ekonomi, dan Keagamaan is a scientific publication journal that contains Islamic law, Economics, and Islamic Religious Studies to support the development of Islamic knowledge. This journal is published two times a year in March and September by Faculty of Islamic Law of State Institute for Islamic Studies (IAIN) Bengkulu.
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Articles 7 Documents
Search results for , issue "Vol 4, No 2 (2017)" : 7 Documents clear
AKOMODASI BUDAYA LOKAL DALAM LEGISLASI BIDANG HUKUM KELUARGA (HUKUM TENTANG HAK DAN KEWAJIBAN DALAM RUMAH TANGGA) Yusmita Yusmita
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.222 KB) | DOI: 10.29300/mzn.v4i2.1021

Abstract

Abstract: This article would like to point out that some rules about family law in Indonesia are heavily influenced by the growing local culture in society. Evident from the provisions of the Marriage Act no. 1 of 1974 and the Compilation of Islamic Law is quite much influenced by the culture and conditions that developed in Indonesia and the progress of the times. This is evident from the desire to get out of the classical Jurisdiction of fiqh that puts too much of a man in a very high position, and women in disadvantaged positions. For example, the article that regulates the balance of the rights and the position of husband and wife in the household, in the association in society, and in doing legal action. The influence of local culture that is already rooted in the community appears in the statement that the husband is the head of the household and the wife is a housewife. This implies an imbalance in the position of the husband and wife, this is clearly influenced by the local culture and is supported by religious doctrine that is already integral with society, which states men are leaders for women.
PENERAPAN PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT MISKIN MELALUI POSBAKUM DI PENGADILAN AGAMA KOTA BENGKULU Fauzan Fauzan
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.271 KB) | DOI: 10.29300/mzn.v4i2.1016

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Abstract: The provision of legal aid to date is still not fully felt for the poor, especially the legal and justice aspects. The issuance of Law Number 16 Year 2011 on Legal Aid or so-called UUBH becomes an important breakthrough in constitutional development post-reformasi law. This paper focuses on the provision of legal aid by the Legal Aid Post (Posbakum) in the Religious Court of Bengkulu City. This research is a qualitative research with interview to get data. The results showed that the implementation of legal services through Posbakum in Religious Courts of Bengkulu City has been going well. Although in the implementation of legal services is still constrained by the human resources (HR) in Posbakum, but if dihat from the administrative process and the impact of legal aid services, the overall implementation of legal services through Posbakum in the Court of Religion has been running well according to achievements based on legislation
PASAR MODAL DI INDONESIA DALAM PERSPEKTIF FIKIH MUAMALAH Muhammad Abdul Ghoni
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (191.131 KB) | DOI: 10.29300/mzn.v4i2.1018

Abstract

Abstract: Islamic teaching that is a straight path but not a rigid religion, it is a line-giver to the problems encountered by humans in the course of their lives. Muslims should have a concept that contains a way of life to face the development and progress of the times with various problems. One area that is always warm to talk about is the economy. This problem is getting wider, more varied and more complex. It is not uncommon to find it complicated, especially when confronted with Islamic law. One of them is about the capital market. This journal tries to examine from the perspective of jurisprudence about the jala of the existing capital markets. If we look at the system of stock bidding mechanisms in the capital market, it will be clear that there is a similarity with the capital system contained in the conception of Islamic fiqh, known as mudharabah or qirodh. It is seen from the investors, executors, the nature of capital, capital, and profit sharing of the same shape. Thus, the system of buying and selling of shares in the stock market is clearly visible equation with mudharabah in Islamic jurisprudence.
KITAB SYARAH DAN TRADISI INTELEKTUAL PESANTREN Suwarjin Suwarjin
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.607 KB) | DOI: 10.29300/mzn.v4i2.1013

Abstract

Abstract: Book of syarah is one form of creativity of ulama thought in writing of book. Like the work of matn, hasyiyah, ta’liqat or other, syarh has a certain degree of authenticity that deserves to be appreciated as a work of thought. Preciselythrough the tradition of writing syarah the writing of the book developed very rapidly. Therefore, the syarh book dominates and outperforms the work in other forms of quantity. This happens because a single book of matan can be passed into several books, as happened in the mat-at-Taqrib. In terms of weight of content, the book syarh basically provides a wider discussion to the reader who also mark the level or increase in the level of learning process. However, it must be admitted that the book of syarh has some weaknesses, such as a high degree of plagiarism, imitative nature and takes a long time to learn it. However, the weakness does not make the book shrug of urgency in the tradition of Islamic scholarship that highly appreciate the work of the previous scholars. Book of syarh by the pesantren is received with honor and respect as the fruit of creativity of pthought and berijtihad.
PENYELESAIAN SENGKETA KEPEGAWAIAN AKIBAT PENJATUHAN HUKUMAN DISIPLIN Ade Kosasih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (242.532 KB) | DOI: 10.29300/mzn.v4i2.1015

Abstract

Abstract: An understanding of the rights and efforts that civil servants can take in facing employment disputes arising from the imposition of disciplinary punishment of civil servants, needs to be improved in order to avoid the act of arbitrariness (or willekeur) or action beyond the authority (ultra vires) conducted by the organ of state administrative office. The mechanisms and stages of dispute resolution in the field of personnel, has a variety of channels based on disciplinary violations committed, types of sentences handed down, and the level of position of officials who are authorized to punish. These channels, some through the Administrative Objections and Administrative Appeals. If only through Administrative Objection, then the next stage is the filing of a lawsuit to the State Administrative Court, whereas if the stages are through Administrative Appeals, the first level lawsuit shall be submitted to the Administrative High Court as a first instance court.
BISNIS HARAM DAN PENGARUHNYA TERHADAP FISIK DAN PSIKIS MANUSIA Zumaroh Zumaroh
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.811 KB) | DOI: 10.29300/mzn.v4i2.1019

Abstract

Abstract: One form of work someone does to produce a variety of products is business. For Muslims, business is always controlled by the law of halal and haram, both in the way of acquisition and utilization. Physically, a person’s malicious practices will result in enormous losses, he will experience various diseases that are difficult to cure or even no cure. This affects the depletion of the treasures it has collected in such haram ways. Psychically, the warning and punishment sanctions experienced by malbic businessmen are more dire. In addition to causing various traits and bad traits within himself and his family, he will also experience severe depression and shudder as a manifestation of the aridity of the soul due to his evil behavior in business.
POLIGAMI DALAM PERSPEKTIF USHUL Al-FIQH Iim Fahimah
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (411.929 KB) | DOI: 10.29300/mzn.v4i2.1014

Abstract

Abstract: In the Qur’an, the issue of polygamy is only mentioned in verses 3 and verse 129. In verse 3 talks about the permissibility of polygamy, in verse 129 it talks about the difficulty and inability of a husband to do justice to wives. This means that the permissibility of polygamy is bound by strict conditions which means if the condition is not met, then polygamy should not be done. In the perspective of ushul fiqh to be reviewed is the polygamy verse which includes amr shigat and its legal implications and ta’arud al-adillah in the polygamy verse related to fair terms for polygamy perpetrators against his wives. The three editors used in the Qur’an are the orders of marrying women -women are considered good, so scholars differ when giving the meaning of the verse. Some say a maximum of 4, there are 8, there is also a limit of 16. Furthermore scholars also differed whether the rukhsah one, or more than one. In this case, the author is more likely to say that polygamy is rukhsah, while his azimah remains one. Polygamy is permissible if the situation requires polygamy, but if with monogamy there is no problem, then monogamy is better.

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