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Mizan: Journal of Islamic Law
Published by Universitas Ibn Khaldun Bogor
ISSN : 2598974X     EISSN : 25986252     DOI : https://doi.org/10.32832/mizan
Core Subject : Religion, Education, Social,
Religion Education Law, Crime, Criminology & Criminal Justice
Mizan: Journal of Islamic Law is a peer-reviewed journal on Islamic Family Law, Syari’ah, and Islamic Studies. This journal is published by the Islamic Faculty, Ibn Khaldun University of Bogor, in partnership with APSI (Association of Islamic Indonesian Lawyers). 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 being accepted for publication. Each author is solely responsible for the content of published articles.
Arjuna Subject : Umum - Umum
Articles 7 Documents
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Search results for , issue "Vol 11 No 2 (2023): DESEMBER" : 7 Documents clear
ANALYSING NATIONAL INVESTMENT FROM A MAQASID SHARIAH PERSPECTIVE: UNDERSTANDING ECONOMIC IMPACT AND PUBLIC INTEREST Kamaluddin, Imam; Rahma, Fenita Wildani; Indallah, Sayyid Muhmmad
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20389

Abstract

The discourse on investment is important to discuss. This relates to the Islamic investment model in Indonesia being below conventional investment, both in terms of quality and amount of capital and market share. Therefore, if conventional investments are regarded as haram according to Islamic law, this could have a negative impact on the image of the conventional investment market in the future. The purpose of this study is to re-clarify the understanding of investment law in Islam, particularly in the context of conventional investments. In the preparation of the paper, the author uses a descriptive-analytical approach to re-evaluate the law of investment in Islam. The results of this study conclude that although investments that promise huge profits with minimal effort are considered a reasonable practice and can be done because they have become common in society, from the perspective of financial goodness, this can disrupt financial stability, both for investors and in terms of currency value stability (volatility). Although these investment ventures initially originate from real and halal activities, if they are then sold using the derivatives market sales method, they will contain elements of usury, speculation, and uncertainty which are prohibited in some sharia laws because they do not produce good in the context of investing in accordance with Islamic teachings.
VIEW OF ISLAMIC LAW AND CIVIL LAW ON THE DIVISION OF JOINT PROPERTY POST-DIVORCE Alawi, Mubayyin Al; Arif, Suyud; Hakim, Hilman
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20390

Abstract

Joint property is property acquired either individually or jointly by the husband and wife during the marriage bond, regardless of the name of the item. The purpose of this research is to find out the distribution of joint assets after divorce according to Islamic law and civil law and the benefits of the research that the results of this research can provide knowledge for academics in studying law, especially marriage law. For the community as information material or input for the process of fostering legal awareness for the community to minimize the occurrence of disputes regarding the distribution of joint assets. The research method used in this writing is library research using descriptive qualitative methods or library research. The results of this study indicate that in civil law and Islamic law it is emphasized that a divorced husband and wife are each entitled to half of the joint property. only in the Civil Code there is a clause namely "without questioning which party the property comes from" this shows that the wife and husband have the same contribution to the existence of property in their marriage. We recommend that the division of joint assets be done fairly, so as not to cause injustice between what is the right of the husband and what is the right of the wife. If there is a dispute between husband and wife regarding joint property, then the settlement of the dispute is submitted to the court. Settlement through court is an option. Provisions regarding the distribution of joint assets are based on conditions accompanying a marriage relationship, such as death, divorce, and so on.
EXAMINING PREPAID RENT AT ARISAN GADAI IN REVIEW OF POSITIVE LAW AND ISLAMIC LAW (CASE STUDY OF PT PEGADAIAN SYARIAH TBK) Kurnianingsih, Nurinawati; Siddiq, Achmad; Arauf, Muta Ali; Syufa’at, Syufa’at
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20391

Abstract

The mechanism for the practice of gold pawn arisan at sharia pawnshops is increasingly rapid and in great demand, however this is the subject of a new problem in the concept of the application of prepaid rent which is set for the gold pawn arisan products offered. This research aims to understand how Islamic law views the status of down payments in pawn gatherings at the Purwokerto Syariah Pegadaian. The results of this research explain the issues of Sharia economic law on gold pawn products. The problem occurs with the provision of money being paid in advance. Basically, social gathering is a social system that leads to friendship within neighbors and between families. In Islamic Law, debt and receivables are a form of muamalah which is characterized by ta'awun (help) to other parties to meet their needs. Therefore, in this context, someone who provides debt must not take advantage of the goods owed. Debtors may not accept gifts or other benefits from debt borrowers. The money is paid in advance on the guarantee of a gold pawn gathering, which if you intend to help, you should be sincere and not impose additional burdens on returns, but there are business practices. This creates a bad image for Sharia banking if the down payment provisions become a negative thing in Sharia economic law.
DYNAMICS OF FAMILY LAW REFORM IN THE MUSLIM WORLD (STUDY ON THE AGE LIMITS FOR MARRIAGE IN INDONESIA, MALAYSIA, BRUNEI DARUSSALAM) Septiani, Rina
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20392

Abstract

Family law occupies a very important position in Islamic law, related to its very significant contribution in the effort to create an orderly and harmonious society. That is why in many Islamic countries or where the majority of their citizens are Muslim, especially Indonesia, Malaysia, Brunei Darussalam, the field of family law always gets high appreciation which is manifested in the form of ongoing efforts to legislate Islamic law into positive law into statutory products. Renewal of Islamic family law in Indonesia, Malaysia, Brunei Darussalam is a necessity. In terms of the age limit for marriage, there are differences in the three countries. years, contained in Deed 303 of the 1984 Islamic family law section 8, Brunei Law Chapter 217 Chapter 17 Islamic Family law section IV article 35 letter (6) says 18 years for men and 16 years for women so for those who prevent marriage above age will be penalized. Even though they both belong to the Syafii school of thought, their views on fiqh, culture, and society are different, so there are differences in the determination of age limits between the three countries.
RIGHTS AND OBLIGATIONS OF HUSBAND AND WIFE IN ESTABLISHING HOUSEHOLD HARMONY ACCORDING TO ULAMA SYAFI'IYAH “ CASE STUDY AT DS. SUMURBATU. KEC. MADANG CHAPTER. BOGOR REGENCY" Ardiansyah, Sadat; Hamdani, Ikhwan; Arif, Suyud
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20393

Abstract

In a household, husband and wife have rights and obligations that must be fulfilled, because rights and obligations are an effort to create a harmonious, peaceful and peaceful household. The rights and obligations of husband and wife in the household are very important things to know, this is so that a balance is created in household life and will become a family that is sakinah, mawaddah, warahmah. The formulation of the problem in this study is: 1. What are the views of the Syafi'iyah scholars regarding the rights and obligations of husbands and wives. 2 How is the application of the rights and obligations of husband and wife in realizing household harmony in the village of Sumbatu and their suitability according to the view of the Syafi'iyah scholar (Imam Nawawi). The purpose of this study was to determine the rights and obligations of husband and wife in the household according to Syafi'iyah scholars and to find out how the rights and obligations of husband and wife are implemented in realizing household harmony in Cibarengkok village, Babakan Madang sub-district. The research method used in this writing is case study research using qualitative methods. The results of this study concluded that the rights and obligations of husband and wife cannot be separated because both of them must be balanced between rights and obligations such as the rights and obligations of a husband to his wife: to provide a living both physically and spiritually , provide education to his wife and so on, and the rights and obligations of a wife to her husband include: obedience, living in one house with her husband, not having a gloomy face and so on.
FIQH PERSPECTIVES ON HYGIENE AND ITS RELEVANCE FOR HEALTH Pulungan, Sahmiar; Sarudin, Sarudin
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20394

Abstract

Keeping health is the most important element in medicine in the view of Islamic law. Health is a very big gift from Allah, therefore, Islam places great emphasis on humans taking care of their health as well as taking care of every cause that can suffer from illness. The purpose of this study is to describe the views of fiqh scholars on cleanliness and what is its relevance to health. This research is library research and field research with qualitative methods. Sources of data come from library studies in the form of Al-Qur'an, hadith, books, journals. Data analysis was done by three steps, they are data reduction, applying data and conclusion. The results of this study are the views of fiqh scholars that Islam prioritizes a healthy lifestyle, such as advice on maintaining health, cleanliness, diet, maintaining honor from heinous acts, abstaining from consuming khamr from various addictive substances, and so on. In addition to physical health, Islam also pays high attention to mental health. Mental health is a branch of psychology.
ANALYSIS OF MURABAHA FINANCING SYSTEMS AND PROCEDURES IN KPRS PRODUCTS AT BTN SYARIAH KCPS CIBINONG Rizqiana, Sayekti; Mukri, Syarifah Gustiawati; Hakim, Nurman
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20395

Abstract

BTN Syariah can conduct KPRS financing through a murabahah (sale-purchase) agreement in a mutually agreed agreement. This research aims to find out how the system and procedure of KPRS financing at BTN Syariah KCPS Cibinong and to find out whether the application of murabahah financing in KPRS products at BTNS KCPS Cibinong is based on the provisions of Fatwa DSN MUI No: 04/DSN-MUI/IV/2000. The type of research used is descriptive qualitative research that can describe or provide an overview of a phenomenon or event in the problems that occur at BTN Syariah KCPS Cibinong from the results of interviews, objects and documentation how researchers can explain the problems that will be discussed in this thesis. The results of this study indicate that the application of the KPRS financing system and procedures at BTN Syariah KCPS is in accordance with the BTN Syariah company SOP and must be carried out because there are already provisions from BTN Syariah and the application of murabaha financing in KPRS products at BTN Syariah KCPS Cibinong is in accordance with the DSN MUI fatwa No: 04/DSN-MUI/IV/2000.

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