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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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Problematics Of The Legal Position Of Gender In The Division Of Nafkah After Divorce (Case Study in Cirebon City) Nurkholis, Nurkholis; Aziz, Abdul; Sugianto, Sugianto
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.v9i1.3548

Abstract

The issue of gender inequality in the legal framework governing post-divorce maintenance in Cirebon City continues to face significant challenges in its implementation. Although regulations such as Marriage Law No. 1 of 1974, Law No. 16 of 2019, and the Compilation of Islamic Law (KHI) establish the obligation of financial support for former wives and children, practical application reveals considerable disparities. Women who file for divorce (cerai gugat) encounter greater difficulties in securing financial maintenance compared to those in divorce initiated by the husband (cerai talak), where maintenance is automatically granted through an ex officio court ruling. Beyond regulatory issues, social, economic, and patriarchal cultural factors further exacerbate the difficulties faced by women after divorce. Strong societal norms discourage women from demanding financial support due to family pressure and social stigma. Even when courts grant maintenance, low compliance rates among ex-husbands and weak enforcement mechanisms pose major obstacles to ensuring economic rights for divorced women. The need for inclusive legal reforms and increased legal awareness is essential to safeguard women’s rights. Updates to regulations and improvements in enforcement mechanisms are required to ensure that divorced women receive fair financial support without structural barriers. With more effective policies and heightened legal awareness, gender disparities in post-divorce financial distribution can be minimized, providing better legal protection for women facing divorce.   
Implementation Of Nafkah Iddah And Mut'ah In Divorce Cases In The Surabaya Religious Court Arianty, Uzlifatus Dea
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.v9i1.3655

Abstract

Divorce cases are still common in Indonesia, such as filing for divorce at the Surabaya Religious Court, which is recorded in thousands of cases each year, both divorces filed by the husband and contested divorces filed by the wife. When a divorce occurs between a husband and wife, the marital relationship between the two will break up, besides that, of course, there will be several rights and obligations that each party must fulfil As a legal result of the divorce case, there will be an obligation to provide post-divorce maintenance for the ex-wife. This research was made to be able to analyze the implementation of post-divorce maintenance, which includes iddah maintenance and mut'ah maintenance for wives in the Surabaya Religious Court. The method used in this research is empirical juridical, and data collection is carried out by interviewing the Judge of the Surabaya Religious Court. The results of the study are needed to be able to see the implementation of the implementation of the provision of iddah alimony and mut'ah alimony to wives in the Surabaya Religious Court, which has differences in the implementation of the fulfillment of alimony from divorce and contested divorce, and often in the implementation process some obstacles can hinder the implementation process. The purpose of this research is also to be able to see the obstacles in the fulfillment of post-divorce maintenance in the Surabaya Religious Court, as well as the efforts made by the Surabaya Religious Court.
The Concept of Reconciliation in Islamic Criminal Law and the Implementation of Restorative Justice as a Contribution to Criminal Law Reform in Indonesia Prayoga, Hendra; Wasman, Wasman; Setyawan, Edy
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.v9i1.3551

Abstract

The criminal law system in Indonesia tends to be retributive, with the main focus on sanctioning the perpetrators of criminal acts. This approach is often unable to provide a comprehensive solution to the losses suffered by victims and the restoration of disrupted social relations. In this context, the restorative justice approach comes as a more humanist alternative, with an emphasis on victim recovery, offender accountability, and social reconciliation. Interestingly, the principles of restorative justice are in line with the values in Islamic criminal law, particularly in the concept of ishlah (peace), which provides ample room for the settlement of criminal cases through peace between perpetrators and victims. This concept is in line with the main principles of restorative justice, namely the restoration of social relations, active participation of the parties, and recovery of victims. In Indonesia, the application of restorative justice has begun to be accommodated in various regulations, such as the National Police Chief Regulation Number 8 of 2021 and the new Criminal Code, but its implementation still faces normative and cultural challenges.

Page 25 of 25 | Total Record : 243

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