cover
Contact Name
Toha Andiko
Contact Email
Toha.andiko@gmail.com
Phone
-
Journal Mail Official
Toha.andiko@gmail.com
Editorial Address
-
Location
Kota bengkulu,
Bengkulu
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.
Arjuna Subject : -
Articles 177 Documents
Management and Supervision of Zakat at The National Amil Zakat Agency (Baznas) of Bengkulu Province in 2019-2020 Mardhatillah Suaka; Mardenis Mardenis; Zefrizal Nurdin
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.v8i1.5343

Abstract

This study aims to determine the zakat collection, distribution of zakat, and supervision of BAZNAS Bengkulu Province. The research method used is a juridical empirical type by interviewing directly to the BAZNAS Bengkulu Province and the Bengkulu Provincial Government; after the data has been collected through the interview process, the data is qualitatively processed to explain and expand objective management and oversight of zakat without using the statistical formula. The results of this study (1) The collection of zakat assets is carried out in 3 stages. The planning stage is not carried out with a particular strategy. It is not fixed on a specific schedule, the coordinating stage is carried out directly and indirectly, and the implementation stage is sourced from individual zakat and business entity zakat. (2) Distribution of zakat assets is carried out in 3 stages, namely the planning stage, by forming six work programs. The coordinating stage is carried out by holding a Regional Coordination Meeting (Rakorda). The implementation stage is divided into two: distribution in the form of consumptive zakat distribution and utilization in the form of distribution zakat is productive. (3) Supervision of the BAZNAS Bengkulu Province is carried out internally by the leadership to its staff. External supervision is carried out by the Ministry of Religion, Public Accountants, and the community.
Analysis of Inheritance Division Based on Deeds Made Before Notary Perspective Sadd Adz-Dzari'ah (Study at Notary Office of Bengkulu City) Rizfitriani Alamsyah; Toha Andiko
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.v8i1.4868

Abstract

This research aims to explain: 1) How is the distribution of inheritance made by the heirs based on the deed made before the notary perspective of Sadd Adz-Dzari'ah?, 2) What is the position of the inheritance distribution deed made before the notary perspective of Sadd Adz-Dzari’ah?. This type of research is library research. Data collection techniques using the Document Method. The conclusion states that, 1) The heirs in dividing the inheritance do not use the Islamic inheritance system but are divided in a family manner using each party discussing each other looking for a way out of the inheritance problem being faced. 2) The implementation of the inheritance distribution in a family is not intended to avoid furudhul muqaddarah (the part set out in the text), but is nothing but for the benefit of all heirs and avoid kemudharatan. To prevent this kemudharatan, then made the Deed of Inheritance before the notary public. So in the perspective of sadd adz dzari'ah, the position of making the deed of distribution of legal inheritance is sunnah.
Iddah of Women Who Had Abortus In The Book of Mughni Al-Muhtaj and Mukhtashar Khalil in Perspective of Maqasid Shari'ah Wika Wulandari
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.v8i1.3660

Abstract

Iddah is a period of waiting for a woman not to carry out a marriage after the death or divorce of her husband until the time limit determined by syara '. As for the iddah period for a woman who is pregnant until she gives birth. However, the problem that arises in this life is what if the woman has an abortion. In this matter, there is a difference of opinion in the books of Mughni al-Muhtaj and Mukhtashar Khalil about the end of the iddah period of a woman who has an abortion. This research aims to find out how the opinions of the two books about iddah women who experience abortion and what causes differences of opinion, and which opinion is chosen. This research is a type of library research, which is descriptive with qualitative analysis, and the primary data source used is the book of Mughni al-Muhtaj and Mukhtashar Khalil. This study indicates that the difference in opinion is due to differences in the book's writers in interpreting the word al-haml and the rules of ushul fiqih used. Moreover, from the two opinions, Muhammad Khatib asy-Syarbaini in the book Mughni al-Muhtaj which was chosen because it followed the wisdom of determining iddah.
Relevance of The Fatwa of The Indonesian Ulema Council to The Renewal of Islamic Family Law in Indonesia (Study of MUI Fatwa Number: 4/Munas VII/MUI/8/2005 on Marriage of Different Religions) Puad Muzakkar Siregar
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.v8i1.4865

Abstract

Fatwa is a practical law similar to fiqh (al-ahkām al-'amaliyah). Therefore, the fatwa must be context-bound; context of time (tempus), place (locus), context of natural conditions, social context, demographic context, and other contexts. In the Indonesian context, the Indonesian Ulema Council (MUI) is the official state-recognized institution to issue fatwas as guidelines for Indonesian Muslims. This paper answers two questions: how is the MUI fatwa related to the legal status of interfaith marriages? Furthermore, is the MUI fatwa on interfaith marriage relevant to the reform of Islamic family law in Indonesia? As a result, although many scholars allow interfaith marriages because Muslim men and women are experts of the book, the MUI fatwa forbids interfaith marriages based on sadd al-dzari'ah to prevent negative impacts. This is a family law product with a renewal side, because it is responsive to social dynamics and changing times, by prioritizing the benefit based on maqasid shari'ah
DIGITALIZATION OF CREATIVE MARKETS: EFFORTS TO DEVELOP FAMILY ECONOMIC RESILIENCE IN LAMPUNG Siti Zulaikha; Enny Puji Lestari; Titut Sudiono; Maulana Husain S
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 2 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i2.5626

Abstract

 This study aims to analyze the digitalization of the creative market on the economic growth of the family and to see the role of the family in the economic resilience of the community. This research uses a qualitative method with a case study approach that is field research. Sources of data from creative markets in two districts, namely Metro City and East Lampung. The results of the study indicate that the creative market is able to encourage family economic growth towards a more established direction, and build family relationships in economic resilience. The digitalization of the creative market has also been proven to be able to improve the family’s economy, such as meeting secondary and tertiary needs, education savings and retirement savings, fulfilling education costs, and fulfilling kitchen utensils. Another indication of the progress of the family economy is also marked by the development of fundamental aspects that support the creative economy, such as creativity, innovation, and invention. These three aspects can then affect creative business opportunities that are more wide open, more diverse livelihoods, easier to find additional income, souvenirs typical of tourist areas, and the title of a tourist city.
CONCEPT OF WALI MUJBIR IN MARRIAGE (LEGAL CRITICISM OF COUNTER LEGAL DRAFT COMPILATION OF ISLAMIC LAW) Musda Asmara
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 2 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i2.5767

Abstract

 Responding to demands from a group of parties to formalize Islamic law, the Counter Legal Draft Compilation of Islamic Law (CLD KHI) team has compiled a pluralist, democratic, humanist, and gender fair Islamic law text.This manuscript reaps pros and cons during society because it is considered not in line with the values contained in the Qur’an and hadith.Because of the discrepancy between the opinions of most jurists in general with the contents of the CLD-KHI, of course, it will result in the absence of legal certainty in the future. The object of this research is only focused on the concept of walimujbir. The method used in this research is a qualitative method with a descriptive approach, data is collected openly according to what is obtained from primary and secondary sources. The results of this study indicate that the presence of a guardian in a marriage is positioned as a pillar of Marriage. In contrast, in the CLD-KHI formulation, a guardian is not required in a marriage. The formulation of Islamic family law reform offered by CLD-KHI is based solely on public logic, local wisdom, and on several perspectives such as democracy, pluralism, human rights, justice, gender equality, and western ideology. In matters of marriage, especially regarding guardians of mujbir, the ideas of CLD-KHI are different and even contradict the common understanding of principles of Islamic teachings and practices.
SELAGHIAN TRADITIONAL SANCTIONS UPON A PERSPECTIVE OF ISLAMIC LAW (Study on Serawai Community in Air Nipis District, South Bengkulu Regency) Tendra Harnata; Toha Andiko
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 2 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i2.5430

Abstract

 This study discusses the issue of the application of selaghian customary sanctions to the Serawai people of South Bengkulu as well as examines the opinion of Islamic law on these sanctions. This study uses a qualitative method with a descriptive normative legal approach, to unravel the facts found in the field (field research). Based on the data collected through observation and in-depth interviews in the field, it was found that the form of selaghian that is still being practiced is selaghian sebambangan, a type of selaghian performed by a couple (male and female) with both of them secretly running away from the house with no friends, going to the house of a local traditional leader, then being told by someone else to tell the couple’s parents, to pick up the couple and marry them off. Customs impose fines that vary according to the severity of the offense committed. In terms of Islamic law, the provision of customary sanctions in the form of ta’zir punishment is legal and may be carried out as a good custom (‘urf shahih) with the aim of causing a deterrent effect for the perpetrators (zawajir).
IMPACT OF FATWA UPON BANK INTEREST BAN ON THE DEVELOPMENT OF ISLAMIC BANKING IN INDONESIA Diana Ambarwati
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 2 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i2.5502

Abstract

The purpose of this article is to describe the impact of bank interest ban fatwa on the development of Islamic Banks in Indonesia. Fatwa of the Indonesian Ulama Council number 1 of 2004 is the basis for various parties to contribute to realizing competitive Islamic banking. This fatwa has encouraged the Government to issue various rules in the form of laws and government regulations related to banking. The issuance of this rule is a serious proof of the government’s commitment to provide more space for the development of Islamic banking in Indonesia, in addition to being a proof of appreciation for the issuance of bank interest ban fatwa by the Indonesian Ulema Council. In addition, the bank’s fatwa on the ban on bungan has encouraged the role of the community to contribute real to the development of Islamic banking. The emergence of the Association of Islamic Economists (IAEI), sharia economic community (MES), the National Committee of Islamic finance which is now renamed to the National Committee of Islamic Economics and Finance (KNEKS) is a concrete evidence of community contribution to socialize and strengthen Islamic banking.
THE URGENCY AND IMPLICATION OF BREAST MILK DONOR IN INDONESIA IN MASHLAHAH PERSPECTIVE Khotifatul Defi Nofitasari
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 2 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i2.5431

Abstract

 In Islamic teachings, the issue of breastfeeding is a very important issue to pay attention to, because it can have an impact on the issue of the prohibition of marriage and lineage. The purpose of this study is to dig deeper into the urgency of breastfeeding donors and their implications based on the practice of breastfeeding donors in Indonesia, and a review of the mashlahah of these breast milk donors. This type of research is library research, with analytical descriptive method. This research uses mashlahah theory with ushul fiqh approach. As a result, breast milk donation in Indonesia can be done by fulfilling several conditions: first, the request of the biological mother or the baby’s family. Second, the identity, religion, and address of the breast milk donor are clearly known by the mother or family of the baby receiving the donor. Third, the approval of the breast milk donor by knowing the identity of the donor recipient baby. Fourth, the breast milk donor is in good health and has no medical indication. Fifth, breast milk is not traded. Meanwhile, based on Ijtihâd istishlâhî, breast milk donation which aims to help babies who do not get breast milk from their biological mothers for certain reasons, is a humanitarian aid to save human life. Therefore, it is legally permissible to donate breast milk and can be categorized as mashlahah dharuriyat if the mother of the baby is sick and the baby is premature or sick. Including mashlahah hajiyat if the baby’s mother dies, or her whereabouts are not known.
DYNAMICS OF HAJJ FINANCIAL MANAGEMENT REGULATION IN EFFORTS TO GOOD GOVERNANCE Muhammad Aziz Zakiruddin
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 2 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i2.5387

Abstract

 Hajj financial management, especially within the scope of the Ummah Endowment Fund, has a dark record that must be corrected. Not only limited to investment, but the discourse of Hajj funds for infrastructure is also one of the government’s efforts so that Hajj funds can provide use-value. Legal certainty, justice, equality, prohibition of acting arbitrarily, and creating welfare and social cohesiveness in society are the principles of good governance. In Indonesia, to establish an orderly organization of Hajj, laws and regulations, government regulations, presidential regulations, and regulations for the Hajj Financial Management Agency have been made. As for the formulation of the problem in this paper, how are the dynamics of the financial management of Indonesian Hajj?, and how are the efforts to manage the Hajj finances based on good governance?. This research is library research, using a normative juridical method with a statutory approach. Some of the findings in this study indicate that regulations in the financial management of Hajj provide a polemic of its own so that it loses its identity and principle. Dualism of authority, inefficient management, and the potential for fraud are demands to fix the messy financial management of Hajj, towards good governance-based Hajj financial management.