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Syarifah Gustiawati Mukri
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Mizan: Journal of Islamic Law
Published by Universitas Ibn Khaldun Bogor
ISSN : 2598974X     EISSN : 25986252     DOI : 10.32507
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Mizan: Journal of Islamic Law is a peer-reviewed journal on Islamic Family Law, Syari’ah and Islamic Studies his journal is published by the Islamic Faculty, Ibn Khaldun University of Bogor, in partnership with APSI (Association of Islamic Indonesia Lawyer). Editors welcome scholars, researchers and practitioners of Islamic Law around the world to submit scholarly articles to be published through this journal. All articles will be reviewed by experts before accepted for publication. Each author is solely responsible for the content of published articles. This journal encompasses original research articles, review articles, and short communications, including Islamic Family Law, Syari’ah, and Islamic Studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 243 Documents
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The Development of Marital Rape in Islamic Family Law Reform Syaima, Arwa; Widiyanto, Widiyanto; Alotaiby, Nemer
Mizan: Journal of Islamic Law Vol 8, No 2 (2024): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v8i2.3168

Abstract

Marriage is a sacred bond that governs the relationship between husband and wife based on love, affection, and mutual respect. However, in practice, domestic violence often occurs, one of which is sexual violence in the form of marital rape. (pemerkosaan dalam ikatan perkawinan). This research aims to examine the development of understanding of marital rape in the context of Islamic family law reform. This research uses a qualitative method with a normative juridical approach, utilizing data from literature, books, journals, and relevant articles. The research results show that changes in Islamic family law regarding marital rape through a moderate Islamic legal perspective, which is responsive to the times, can support the eradication of sexual violence within marriage. In addition, legal developments in Indonesia are now beginning to recognize marital rape as a criminal offense, providing stronger protection for victims. This research is expected to contribute to strengthening legal and social awareness regarding the importance of justice and protection for women in domestic life.
Analysis Of Marriage Dispensation Case Decisions In Bogor Regency: Review Of Law And Social Aspects Purbayu, Faisal; Sutisna, Sutisna; Hambari, Hambari
Mizan: Journal of Islamic Law Vol 8, No 2 (2024): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v8i2.2871

Abstract

Marriage dispensation is a complex issue that raises questions regarding the legal and social aspects of it. This research explores marriage dispensation decisions in Bogor Regency, by taking a case study from the Cibinong Class 1 A Religious Court. The analytical method includes legal and social approaches to understand the factors that influence marriage dispensation decisions. Through a normative juridical approach, this research identifies the legal basis underlying marriage dispensation decisions, exploring the legal criteria and considerations used by the Cibinong Class 1 A Religious Court. In addition, a sociological approach is used to uncover the social impact of dispensation decisions, including the role of society and norms that influence the judicial process. Results This research provides an in-depth understanding of how the justice system, especially at the Cibinong Religious Court, handles marriage dispensation cases. Findings suggest that marriage dispensation decisions are influenced by a combination of legal factors and social considerations, paying particular attention to the dissatisfaction and stability of the marital relationship. This research has the potential to provide a more holistic view of the problem of marriage dispensation at the local level, especially in Bogor Regency. The implications of the findings can help improve policies at the regional level and provide a basis for a better understanding of the balance between legal and social aspects in handling marriage dispensation cases.
Pancasila Perspective Marriage System: Harmony of National Values in Family Institutions Jalil, Dul; Fariduddin, Ecep Ishak; Qurrotu Yasir, Muhammad Farhan
Mizan: Journal of Islamic Law Vol 8, No 2 (2024): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v8i2.3068

Abstract

This article attempts to explain that marriage is defined as a spiritual and physical bond between a man and a woman to achieve happiness. However, in reality, many marriages are forced, resulting in unhappiness. This goes against the purpose of marriage stated in the law. The inclusion of the phrase "Belief in the Almighty God" in the definition of marriage in Article 1 of Law no. 1 of 1974 shows that marriage is not only a personal matter, but also a legal relationship that contains religious values based on Pancasila as the Indonesian philosophy of life. The marriage law explains that marriage is a spiritual and physical bond between a man and a woman, but this explanation is different from that regulated in the Civil Code, especially book III. This difference is the background for this research. The purpose of this research is to find out and explain that there should be no substantive differences between the 1974 Marriage Law and the Civil Code, especially book III. This is necessary so that the public gets legal certainty, both in terms of the Marriage Law and the Civil Law. This research uses qualitative methods, with a type of library research that is based on library data or documentation that is relevant to the title of this research. The research results show that there is legal uncertainty in the field of marriage law, which is caused by the provisions in Article 66 of Law no. 1 of 1974 which states that colonial product legal provisions do not apply, even though the Civil Code is also a colonial product. Therefore, there needs to be legal certainty to avoid confusion in society
Legal Accountability and Integration of Sharia Principles in the Management of Village-Owned Enterprises (BUMDes) in Indonesia Alam, Faris Satria; Rohman, Mohamad Mujibur; Putra, Gilang Rizki Aji
Mizan: Journal of Islamic Law Vol 8, No 2 (2024): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v8i2.3260

Abstract

Management of Village-Owned Enterprises (BUMDesa) in Indonesia has become the focus of attention in improving public service quality and community welfare. In this context, the integration of sharia principles in the management of BUMDesa becomes very important to ensure compliance with religious and ethical values. This article discusses the importance of legal accountability and integration of sharia principles in the management of BUMDesa in Indonesia. Using library research methods, this article finds that the integration of sharia principles in the management of BUMDesa can increase legal accountability and transparency in financial management. In addition, this article also shows that the integration of sharia principles can ensure compliance with religious and ethical values in the management of BUMDesa. The results of this research can be a reference for the government and BUMDesa managers in improving the quality of BUMDesa management and improving community welfare.
The Law on Marriage of Girls Out of Wedlock by Their Biological Fathers from the Perspective of Imam Syafi'i and Imam Hanafi Alfaatih, Muhammad Akhmal; Mukri, Syarifah Gustiawati; Yono, Yono
Mizan: Journal of Islamic Law Vol 8, No 2 (2024): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v8i2.3239

Abstract

The aim of this research is to analyze the opinions of the Hanafi school and the Shafi'i school regarding the law of marrying children resulting from adultery with their biological father. Apart from that, to find out the reasons for the law regarding the marriage of a child resulting from adultery with her biological father. The results of the research show that according to the view of the Hanafi school, children born out of wedlock or outside a valid marriage are makhluqoh (children created) from the semen of their biological father, and it is forbidden for their father to marry his adulterous child. Meanwhile, according to the Shafi'i school of thought, adulterous children or children born outside of a legal marriage are ajnabiyyah (foreigners) who are completely alienated and have no rights to their biological father, and it is permissible for the biological father to marry his adulterous child if she is a girl. The Hanafi School interprets it to mean linguistically or essentially or also called in general, which means sexual intercourse in a broad sense without any distinction between halal sexual intercourse and haram sexual intercourse.  Meanwhile, the Syafi'i school of thought interprets the word an-nikah in Surah an-Nisa' verse 22 only as a marriage bond that is valid according to the Shari'a.   Then from the word banatukum in surah an-Nisa' verse 23, the Hanafi school believes that the word Banatukum in surah An-Nisa': 23 already includes children of adultery because children of adultery are also "children" of their father.  Meanwhile, the Shafi'i school of thought says that the banatukum in this verse does not include children of adultery it because something that is haram cannot have a legal impact on something that is halal such as marriage. 
Legal Study of Fiduciary Guarantee Law in the Perspective of Islamic Law and Law No. 42 of 1999 Concerning Fiduciary Guarantee in Indonesia Maulana, Ayang Frista; irwanto, irwanto; Surya, Jaka; LZ, Mili Niko Tari Buah; Nazara, Mebuaro Fosawato
Mizan: Journal of Islamic Law Vol 8, No 2 (2024): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v8i2.3264

Abstract

The law of guarantees recognizes two types of guarantees, namely general guarantees and special guarantees, while special guarantees can still be distinguished into material guarantees and guarantees of people who guarantee debts. General guarantees and debt guarantees do not fully provide certainty regarding debt repayment, because the creditor does not have priority rights so that the creditor's position remains as a concurrent creditor against other creditors. Fiduciary guarantees are conventional products that are determined to provide protection for creditors, especially if the debtor defaults. Fiduciary guarantees that have not been able to be applied comprehensively to all financial institution systems in Indonesia, need to be conducted several studies, especially in the perspective of Islam and Law No. 42 of 1999 which uses the sharia financial system. The focus of the study that is used as the formulation of the problem is how is the law of fiduciary guarantees in the perspective of Islamic law and Law No. 42 of 1999 concerning fiduciary guarantees in Indonesia. In this study, normative law is used, or it can be called library research. The results of the study show that the practice of implementing fiduciary in Indonesia has a very important position and must be fulfilled by financing service providers. Meanwhile, according to Islamic views, there is no fiduciary guarantee in the aspect of Islamic law, but matters concerning guarantees can be equated with rahn. Thus, in Islamic Financial Institutions, rahn is guided as a guarantee system in lending activities in accordance with Islamic law, this is based on the word of Allah QS. Al-Baqarah verse 283 and Law Number 21 of 2008 concerning Islamic Banking. Guarantees of property are known in law, namely (1) guarantees in the form of pawns regulated in Articles 1150-1160 of the Civil Code, (2) mortgages regulated in Articles 1162-1178 of the Civil Code, (3) mortgage rights as regulated in Law No. 4 of 1996, and (4) fiduciary guarantee, which is regulated in Law No. 42 of 1999 concerning fiduciary guarantee. Its implementation has not gone well, still experiencing obstacles: (a) Problems around the basis of trust where the submission of guarantees based on such trust is referred to as fiduciare eigendom overdracht, (b) The existence of intent as an unlawful act by one party, and (c) Related to Personal Guarantees where the recipient of the fiduciary does not directly own the object that is the fiduciary guarantee submitted by the fiduciary giver, so that the fiduciary guarantee is a guarantee theory.
Position and Progressivity of Islamic Economic Law in Indonesia Basri, Rara Genta Munggarani; Imamah, Ade Irma
Mizan: Journal of Islamic Law Vol 9, No 1 (2025): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v9i1.3343

Abstract

Implementing Islamic economic is necessity, including in Indonesia. Strengthening of Islamic economic law becomes very important in the implementation of all mechanisms that exist in the Islamic economic system. In Indonesia, Islamic economic grows very rapidly nowadays, even there are still some things that are challenges and obstacles. This study aims to determine the position and development of Islamic law in Indonesia with qualitative method dan documentation and literature approach. The existence of the Islamic economy is marked by the development of Islamic financial institutions, such as Islamic Banking, and Islamic Non-Bank Financial Industry (IKNB). Also there are many improvement of Islamic economic law such as DSN MUI fatwa. Formation of DSN is a step efficiency and coordination of scholars in response to issues related to Islamic economic/financial issues as a law who drives everythings in Islamic economic law in Indonesia
Harmonization of Sharia Values in the Modern Inheritance System: Opportunities, Challenges, and Sustainability Ropiah, Siti
Mizan: Journal of Islamic Law Vol 9, No 1 (2025): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v9i1.3342

Abstract

The Islamic inheritance system is founded on principles aimed at ensuring justice, balance, and sustainability in the distribution of inheritance assets. However, in the modern context, the application of Sharia values in inheritance systems faces various challenges, including social dynamics, changes in family structures, and legal regulations in different countries. This study aims to examine the opportunities and challenges in harmonizing Sharia values with modern inheritance systems and explore strategies for their sustainability.The research method employed is a literature review using normative and comparative approaches, analyzing various inheritance models implemented in both Muslim and non-Muslim countries. The findings indicate that despite obstacles in implementing Islamic inheritance law, there are opportunities through flexible regulations, strengthening Islamic legal literacy, and contextual fatwa adaptations. On the other hand, major challenges include conflicts with positive law, differences in scholars' interpretations, and social resistance to inheritance distribution based on Islamic law.For sustainable implementation, it is essential to develop an inheritance model that not only adheres to Sharia principles but also adapts to modern legal and social realities. Therefore, harmonizing Sharia values within the modern inheritance system requires an inclusive and solution-oriented approach that holistically considers legal, social, and economic aspects.
The Role of Pre-Marital Counselling by BP4 in Realising a Sakinah, Mawaddah, and Warahmah Family Qollbi, Muhammad Kholis; Hamdani, Ikhwan; Gustiawati, Syarifah
Mizan: Journal of Islamic Law Vol 9, No 1 (2025): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32507/mizan.v9i1.3549

Abstract

The high rate of divorce in Indonesia, including in Ciomas Subdistrict, Bogor Regency, indicates weak family resilience, largely caused by couples’ lack of understanding regarding the essence and purpose of marriage. From an Islamic perspective, marriage is a sacred institution aimed at forming a family that embodies tranquility (sakinnah), affection (mawaddah), and compassion (rahmah), commonly referred to as SAMAWA. Therefore, implementing structured pre-marital counseling is essential. This study aims to examine the role of the Advisory Board for the Development and Preservation of Marriage (BP4) under the Religious Affairs Office (KUA) of Ciomas in providing pre-marital guidance, and to evaluate the effectiveness of the program in preparing prospective spouses to enter a harmonious family life. This research adopts a mixed methods approach, combining qualitative and quantitative techniques. Data collection involved semi-structured interviews with BP4 officers, direct observation of counseling sessions, document analysis, and the distribution of pre-test and post-test questionnaires to 51 respondents (102 prospective brides and grooms). The findings show that BP4 actively delivers guidance materials encompassing psychological, social, and religious aspects. The comparison of pre-test and post-test data indicates a significant improvement in participants’ readiness for marriage. However, the program still faces several challenges, including low participant attendance, limited human and material resources, and the absence of effective post-guidance follow-up. Therefore, strengthening and optimizing the implementation of pre-marital counseling is necessary to ensure BP4 can fulfill its role effectively in preventing divorce and fostering SAMAWA families.
Analysis of Decision Number 331/Pdt.G/2025/Pa.Bgr About The Impact Of Online Judi On Household Protection (Case Study Of Bogor Religious Court) Ramadantie, Nova; Yono, Yono; Imamah, Ade Irma
Mizan: Journal of Islamic Law Vol 9, No 1 (2025): Mizan: Journal of Islamic Law
Publisher : Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract The rise of online gambling in the digital era not only raises legal and moral concerns but also poses a serious threat to family resilience. This phenomenon often becomes a major trigger of household conflict, particularly when one partner is involved in gambling practices, leading to the neglect of economic responsibilities, emotional instability, and the breakdown of family relationships. This study aims to analyse Decision Number 331/Pdt.G/2025/PA.Bgr as a representative case of divorce caused by online gambling addiction. The research employs a descriptive qualitative approach using a case study method. Data were obtained through interviews with a judge at the Bogor Religious Court and document analysis of the court decision. The findings reveal that the husband’s involvement in online gambling directly disrupted the economic functions of the family, including neglect of financial support, the sale of household assets, and debt accumulation. Moreover, this addiction undermined family harmony, eroded trust, and diminished the well-being and future of the children, ultimately resulting in divorce. The factors that drive individuals into online gambling include easy access to information technology, economic instability, irregular employment, permissive social environments, and the desire to gain instant profits. These findings indicate that online gambling is a real threat to family resilience and requires serious attention from various parties through legal, social, and educational measures

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