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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 12 No 2 (2024): DESEMBER" : 7 Documents clear
THE DEVELOPMENT OF MARITAL RAPE IN ISLAMIC FAMILY LAW REFORM Sya’ima, Arwa; Widiyanto, Widiyanto; Alotaiby, Nemer
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20379

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. 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.
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 Fristia; Irwanto, Irwanto; Surya, Jaka; LZ, Mili Niko Tari Buah; Nazara, Mebu’aro Fosawato
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20380

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 the creditor's position remains as a concurrent creditor against other creditors. Fiduciary guarantees are conventional products that are determined to protect 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 from the perspective of Islam and Law No. 42 of 1999 which uses the Sharia financial system. The focus of the study that is used to formulate the problem is how is the law of fiduciary guarantees from 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 positionand 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 by Islamic law, this is based on the word of Allah QS. Al-Baqarah verse 283 and Law Number 21 of 2008 concerning Islamic Banking.
PANCASILA PERSPECTIVE MARRIAGE SYSTEM: HARMONY OF NATIONAL VALUES IN FAMILY INSTITUTIONS Jalil, Dul; Fariduddin, Ecep Ishak; Yasir, Muhammad Farhan Qurroto
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20381

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 substantivedifferences 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.
ANALYSIS OF MARRIAGE DISPENSATION CASE DECISIONS IN BOGOR REGENCY: REVIEW OF LAW AND SOCIAL ASPECTS Purbayu, Faisal; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20382

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 sociologicalapproach 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.
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
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20383

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
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20384

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'ischool 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.
THE CONCEPT OF MARITAL SUSTENANCE ACCORDING TO CLASSISCAL AND CONTEMPORARY FIQH BOOKS Yono, Yono; Muttaqin, Ahsan Imam
JURNAL ILMU SYARIAH Vol 12 No 2 (2024): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i2.20385

Abstract

Marriage will raise various rights and obligations between husband and wife. Among the many rights of the wife and the obligations of the husband, one of them is sustenance. Based on the annual report of the Religious Court, economic factors (material sustenance) are more dominant as a factor causing divorce than other factors. This study aims to determine the concept of sustenance according to classical and contemporary fiqh books, and what are the similarities and differences in the concept of sustenance brought by the two books. This study uses a comparative-descriptive approach method with a type of researchincluded in the library research category. The results of this study indicate that the concept of sustenance between classical and contemporary books does not substantially have many differences, contemporary scholars still refer to the opinions or fiqh books by classical scholars, only there is an expansion of the description of the value of sustenance due to changes in the times and the needs of life. One of the differences is regarding the level of sustenance given, according to classical books, it must be adjusted to the adequacy of the recipient and the ability of the giver. Besides, according to contemporary books, it must be adjustedto the customs that already apply in the place of residence. This research has not referred to more specific books in each school of thought. In the future, research can be carried out that focuses on each school of thought.

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