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Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Published by Institut Agama Islam Negeri Bengkulu
ISSN : 23555173     EISSN : 26569477     DOI : -
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
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 177 Documents
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THE PROBLEMATICS ON IMPLEMENTATION OF LAW NUMBER 23 YEAR 2011 CONCERNING ZAKAT MANAGEMENT AT BAZNAS LUBUK LINGGAU CITY Aneka Rahma; Badrun Tamam
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 2 (2020)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.3261

Abstract

This study aims to explain the problems in implementing Article 3 of Law Number 23 Year 2011 concerning Zakat Management in BAZNAS, Lubuklinggau City, South Sumatra. This is qualitative field and library research. The data collection techniques are observation, interview and documentation. The issues are how the efforts of Baznas Lubuk Linggau in implementing Law Number 23 Year 2011 and what are the problems in its implementation. The results show that Baznas Lubuk Linggau strives to empower zakat funds optimally through the Smart Lubuklinggau Program, Lubuk linggau Peduli, Lubuk linggau Taqwa, Lubuk linggau Sehat, Lubuk linggau Makmur, and Lubuk linggau Amil, as well as proposing a Mayor Regulation on zakat. Meanwhile, the problem of implementation are: the manager does not yet have compelling authority, the institution cannot be controlled by muzakki, supervision of implementation of planned programs is not optimal; lack of awareness of public participation, and the mindset of the people who still think that the zakat funds they receive is a provision and become their right that do not need to be accounted.
UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA Muhammad Ngizzul Muttaqin
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 2 (2020)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.3396

Abstract

The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change.
PLURALISTIC FIQH BASED ON PERSPECTIVE OF IMAM AL-SYA’RANI IN THE BOOK OF AL-MIZAN AL-KUBRA Ahmad Taufik Hidayat; Alfurqan Alfurqan
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 2 (2020)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.3596

Abstract

This research was intended to examine al-Sya’rani main thoughts on the diversity of legal schools as outlined in his al-Mizân al-Kubrâ work along with the context and challenges historically which in many cases gave rise to ikhtilaf (differences of opinion) in Fikih, as well as an overview in the legal context as a means of social transformation. The method used in this study was library research, both primary and secondary. Primary sources consisted of the works of al-Sya’rani (especially al-Mizan al-Kubra) with more emphasis on the content analysis. In detail, the problem is formulated in some questions; (1) what is the socio-historical situation (political, socioeconomic, intellectual, and religious traditions) behind the formation of al-Sya’rani ideas about Fikih pluralistic?, (2) what is the construction or pattern of al-Sya’rani thought regarding pluralistic Fikih?, (3) what is the position of al-Sya’rani thought in the perspective of law as one of the means of social transformation? As a result of this discussion, al-Sya’rani seeks to provide a new orientation in legal thinking in a direction that is closer to the demands of a real and pluralistic reality of life. The idea is then outlined in four main points of view which include: (1) Justification of three episteme systems (2) The use of pragmatism principles in the application of the law, Legitimacy of legal changes in line with the development of the situation (3) His views on the necessity of ijtihâd and prohibition of taqlîd in practice Sharia law
PROGRESSIVE LAW PARADIGM IN ISLAMIC FAMILY LAW RENEWAL IN INDONESIA Fauzan Fauzan
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 2 (2020)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.3617

Abstract

This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from the decisions of the constitutional justices, including regarding the restrictions on polygamy, the status of children out of wedlock and the age of marriage which was later successfully revised with the issuance of Law 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage. In the context of progressive legal reform in Indonesia, judges use reinterpretation of religious texts (fiqh), and understand the social context of modern society dynamics. For this reason, judges are required to be more courageous not only to be bound textually, but also to put forward the goal of realizing justice and benefit in the midst of society. Thus, the main legal objectives will be realized, namely substantive justice, benefits, and legal certainty because the law is basically for humans, not for the law itself
DILEMMA EXECUTIVE CONTROL IN INDONESIA: DEVELOPMENT OF REGIONAL REGULATORY CANCELING MODELS Sonia Ivana Barus
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 2 (2020)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.3473

Abstract

The Law Number 23 of 2014 concerning Regional Government clearly states that the Minister of Home Affairs with instruments in the form of a Ministerial decree bears the authority to annul regional regulations which deemed contrary to the provisions of the higher laws, public interests and/or decency. However, the Constitutional Court (MK) through Decision No. 137/PUU-XIII/2015 and MK’s Decision No. 56/PUU-XIII/2016 has restrained the authority of the Minister of Home Affairs to annul the Regional Regulation (perda). This is an interesting discussion, some consider that it actually weakens the role of the central government to control local governments, on the other hand, justifying that authority belongs to the Supreme Court. Interesting problems of this research is what is the actual relations of authority between local and central government? Then what is the ideal model for the annulment of regional regulations so that the central government has a role in exercising control (executive control) of regional regulations before and after regional regulations come to be applied? This research was conducted using a normative juridical method, namely a research method that refers to the norms of legal norms contained in statutory regulations. This research resulted that there is a decentralization and decencentration relationship between the central and local governments. In order to anticipate these problems, the ideal model for cancellation of regional regulations to accommodate the authority of the central government is to separate regional regulation according to the content or material.
ISLAMIC FAMILY AND CHILD PROTECTION LAW’S PERSPECTIVE ON VIOLENCE AGAINST CHILDREN Beni Chandra; Toha Andiko
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 2 (2020)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.3595

Abstract

The Indonesian Government guarantees the rights and protection of children by Act 35 of 2014 concerning Child Protection. The law provides absolute protection for children against physical and psychological violence that they may receive, but on the other hand there is an interest in Moslem’s families to educate their children according to Islamic law (fiqh), so that there is a contradiction both of them. This research was conducted to determine the view of Islamic family and positive law on the problem of handling and protecting children and the limits of violence against children. The researchers used a comparative approach and library research method. Based on the research conducted, it is found that Islamic family and positive law go in line to provide protection for children. The differences are in the perspective of “children”, violence against children, the application of physical and psychological punishment, and actions against perpetrators of violence. In addition, there are limits to acts of both physical and psychological violence as a preventive and repressive measure against children, according to the provisions of Islamic family law
Comparison of Al-Syatibi and Thahir Ibn Asyria's Thoughts on Maqashid Shari'ah Bekti Cikita Setiya Ningsih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 1 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i1.4685

Abstract

This article will discuss the thoughts of two scholars in the field of maqashid sharia, namely Al-Syatibi as a classical scholar who studied maqashid sharia as an independent discipline until he got the nickname of the first teacher (mu'allim awwal) by producing a work entitled al-Muwaffaqat fi Ushul al-Syariah. The second, Thahir ibn Asyur is a scholar who became the successor of Al-Syatibi in studying the maqashid sharia after the absence of maqashid sharia works for six centuries until he has dubbed the second teacher (mu'allim tsani). According to Al-Syatibi, maqashid sharia is generally divided into two things, namely the legal establishment based on illat (ta'lil problem) and al-mashalih wa al-mafasid (benefit and damage) based on three levels of benefit, namely daruriyyat (primary maslahat), hajiyyat (secondary maslahat), and tahsiniyyat (tertiary maslahat). While Thahir ibn Asyur argues that maqashid sharia is divided into two things, namely maqashid sharia al-ammah and maqashid sharia al-khassah, thahir ibn Asyur's thinking is based on four things namely: al-musawah, al-fitrah, al-hurriyah and al-samahah. The purpose of this paper is compare the thoughts of the figures regarding maqashid sharia.
Family Harmony in Implementation of Pohutu Moponika Tradition in Gorontalo City in the Perspective of At-thufi’s Maslahah Nency Dela Oktora; Muhammad Yusuf Putra; Nurul Mahmudah
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 1 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i1.2418

Abstract

This study is aimed at discussing the system and procession of indigenous Mohammed Moponika marriage in creating the value of family harmony in Gorontalo City based on At-Thufi’s perspective on maslahah.This study used in this research is the type of field research with descriptive method of phenomenological approach. The results of this study conclude that in the traditional procession of the Pohutu Moponika Marriage accommodates many aspects of benefit in an effort to give birth to a harmonious family. The value of benefit intended for the Pohutu Moponika tradition is to gain or gain benefits and reject harm in order to maintain goals syara‘. Although it is not regulated in the texts and does not seem to be in accordance with the provisions of the texts, the customary process of the Pohutu Moponika Marriage in Gorontalo does not aim to destroy religion. On the contrary, it is actually intended for the benefit of the bride and groom so that they can navigate a harmonious domestic life. Therefore, it is included in the maslahah category in accordance with the concept of al-Thufi. Basically, Allah Swt establishes the rules of command and prohibition that are essentially only intended for the good and benefit of humans.
Islamic Market Mechanism According to Abu Yusuf and His Willingness to The Panorama Market Mechanism of Bengkulu City Idwal B; Sahara Ratna Sari
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 1 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i1.5133

Abstract

The Islamic Market Mechanism According to Abu Yusuf and its Relevance to the Panorama Market in Bengkulu City, the research method used in this study is library research, the research approach, and data collection techniques used are qualitative data (qualitative research) and documentation. The analysis technique used is inductive deductive, and descriptive. Based on the specific fission and style that applies to the character, the inductive method is better understood than general conclusions are drawn. The deductive method is collecting, analyzing, and researching general data to draw specific conclusions. The descriptive method is the regular description of all conceptions of the characters regarding the topic or research discussion. From the results of this study, it was found that the market and price mechanism according to Abu Yusuf is a practice that provides general problems (al-mashlahah al'-ammah), both from the producer (seller) and the buyer, while the relevance of the Islamic Market mechanism at the Panorama Market in Bengkulu City irrelevant and can not be fully implemented as the Islamic market mechanism according to the thought of Abu Yusuf.
Cash on Delivery Payment System in Online Buying and Selling Perspective of Sharia Economic Law Moh Zarkasi; Erie Hariyanto
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 1 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i1.4642

Abstract

Observing the phenomenon of the rise of online buying and selling with cash on delivery (COD) payment systems that are not following consumer satisfaction, this research aims to discuss the view of Sharia economic law in the process of online buying and selling with the COD payment system. This type of research is literature research, using qualitative descriptive methods. Its approach is through normative and empirical legal approaches in the form of case studies. The results of this study concluded that based on the propositions of the Qur'an and hadith and the opinions of fiqh scholars, basically doing business is allowed as long as there is no element of gambling, fraud, riba, gharar, and dharar. In the case of online buying and selling with the COD payment system, if the goods sold are halal, it is clear that the quality and quantity of goods are between those offered by the seller and those received by the buyer; the payment is no element of fraud and addition, except for the postage agreed at the beginning, then according to Sharia economic law, the law can (mubah). However, conversely, if the practice of buying and selling online with COD payments, there are elements of gharar (unclear goods), riba (additional price without replacement), tadlis (fraud), and dharar (danger) that have an impact on harming sellers or buyers, then the law is haram.

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