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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 250 Documents
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SEXUAL CONSENT IN THE ELIMINATION OF SEXUAL VIOLENCE PERSPECTIVES OF FEMINIST LEGAL THEORY AND ISLAMIC LAW: A COMPARATIVE STUDY. Ratih, Nala; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 11 No 1 (2023): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i1.20370

Abstract

The critical legal movement in Indonesia is called feminist legal theory (FLT). FLT criticizes laws that have masculine values, they limit social values because the dominant law against men oppresses women. This FLT movement produces the paradigm of sexual consent which is accepted in the laws and regulations in Indonesia. The study describes how sexual consent in the elimination of sexual violence perspective Feminist Legal Theory and Islamic law. The methodology of this study is normative legal research and literature with the approach of legislation (statute approach) and comparison (comparative approach). From this study it can be concluded that sexual consent in the elimination of sexual violence Flt perspective is a sexual activity that is carried out based on consent outside of the consent of one of the parties, including rape. While sexual consent in Islamic law is a relationship that can only be done in a marriage bond outside the marriage bond, the Act includes adultery even though it is done with consent or voluntarily. Sexual consent is not in accordance with the norms of Indonesian life and contrary to Pancasila. Sexual consent as a solution to eliminate sexual violence does not seem to be the answer to the elimination of sexual violence because sexual consent only focuses on “solving the consequences” not “preventing causes”.
ISTITHA’AH HEALTH IN THE FIQH PERSECTIVE HAJJ WORSHIP: VIEWED IN THE MASLAHAH MURSALAH ASPECT Imamah, Ade Irma; Amrin, Amrin; Hidayat, Muhammad Faishal
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20372

Abstract

This research aims to examine how Istitha’ah Health in the Hajj Pilgrimage is viewed in the aspect of Maslahah mursalah. This type of research uses a qualitative descriptive approach with normative juridical. The research results show that the Hajj pilgrims' health Istitha’ah must be based on the Republic of Indonesia Minister of Health Regulation Number 15 of 2016 by going through a series of health examination programs, including the first stage, second stage and third stage. Apart from that, the government is also implementing a health development program during the waiting period and departure period for Hajj pilgrims. The medical team or health management team for the Hajj pilgrims determines health Istitha’ah through a series of health checks. The first stage results in a diagnosis that is categorized as high health risk (risti) or not high risk (non-risti). The second stage determines the feasibility of Istitha’ah. The third stage is used to determine whether the Hajj pilgrims' health status is suitable for departure or not, referring to international aviation safety standards and/or international health regulations. From the perspective of Islamic law and Maslahah Mursalah, health guidance, both during the waiting period and during the departure period, is consideredMaslahah Dlaruriyyah. This is related to providing convenience for fulfilling human needs, in accordance with the main principles in Islam, namely heredity, soul and reason. Thus, collaboration between the government and all elements is needed in efforts to provide outreach to Hajj pilgrims regarding comprehensive health Istitha’ah.
ANALYSIS OF THE DECISION ON THE CASE OF WALI ADHAL IN THE MARRIAGE OF A GIRL IN THE BOGOR RELIGIOUS COURT Rossa, Annisa Destiana; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20373

Abstract

Marriage is a sacred thing in carrying out worship to Allah, by entering into marriage, every thing that is done will produce extraordinary rewards on the side of Allah SWT. In a marriage, it is required to carry out several terms and conditions that have been widely explained in the Al-Quran and hadiths, one of which is the condition and obligation for the validity of marriage is the presence of the guardian (father and brother from the father's side) of the bride. The presence of this guardian in marriage is mandatory and if his presence cannot be done or the guardian is reluctant to attend his child's marriage then the guardian is included in the category of wali adhal. This study uses a research method by analyzing the decision on the marriage case of wali adhal in the marriage of a girl in the Bogor Religious Court, the method used is literature. The results of the decision the judges granted by listing several reasons, one of the reasons is because they already love each other and love each other and have been together for a long time, so the application for marriage is granted while the biological guardian is reluctant to allow her marriage to the prospective husband of her choice, so it is replaced by a guardian judge who is directly appointed by the head of the panel of judges at the Bogor Religious Court, namely the Head of the Religious Affairs Office of East Bogor District, Bogor City asa guardian judge who will marry the applicant with the prospective husband.
EFFECTIVENESS OF CASE REGISTRATION SERVICES VIA THE E-COURT APPLICATION IN RESOLVING CASES AT THE CIBINONG RELIGIOUS COURT Pracipta, Dwi Wahyu Nur; Yono, Yono; Nawawi, Kholil
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20374

Abstract

Electronic Court is an innovative application of the Supreme Court as a form of service to the community with the aim of implementing justice principles that are simple, fast, and low cost. The aim of this research is to determine the effectiveness of case registration services through the e-court application in resolving cases at the Cibinong Religious Court. The research method used in this writing is qualitative research using empirical juridical methods. Supreme Court Regulation Number 7 of 2022 is the latest regulation which is the basis for the application of e-court to the wider community. The results of this research show that the registration service via e-Court at the Cibinong Religious Court is running effectively as seen by the development of Supreme Court Regulations and the increase in case registration via e-Court for registered users and incidental users by 676 cases or an increase of 28% between 2021 and 2022. Dissemination of information regarding e-court must be intensively carried out to the public so that parties seeking justice can resolve cases simply, quickly, and at low cost.
PHILANTHROPY FOR WIDOWS AT ISLAMIC UNIVERSITY-BASED ISLAMIC MICROFINANCE INSTITUTIONS IN MADURA INDONESIA AFTER THE COVID-19 PANDEMIC Harisah, Harisah; Arief, Zaenal; Dahlan, Rahmat; Rahmawati, Rahmawati; Ahmad, Azlin Alisa
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20375

Abstract

Universities perform a role beyond the enhancement of knowledge in modern society. During the epidemic, however, numerous institutions contributed to the improvement of the community's economy, and this trend persisted after the outbreak. The financial institutions established on the campuses of Madura's Islamic universities govern philanthropy as one of the instruments for economic development. Utilizing interviews, observation, and documentation, this research was conducted using a qualitativemethodology. The study's findings indicate that Islamic universities in Madura, through Islamic financial institutions and Islamic boarding schools, contribute to the improvement of the community's economy from the pandemic to the post-pandemic era through the use of philanthropic instruments, one of which is a widow. Widows are viewed as one of the categories that must be aided by the economy because it is usual for widows, especially those with children, to encounter economic hardships. In Islamic microfinance institutions founded on Islamic colleges in Madura, types of generosity include building houses, supplying meals on a blessed Friday, offering zakat maal and zakat fitrah, waqf in the form of daily necessities, and productive economic forms including capital aid.
EFFECTIVENESS OF THE MEDIATION PROCESS IN RESOLVING DIVORCE CASES AT THE DEPOK RELIGIOUS COURT Basri, Rara Genta Munggarani; Malik, Ibnu; Sutisna, Sutisna; Hambari, Hambari
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20376

Abstract

The issuance of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures indicates that the mediation process has received special attention by the Judiciary Institution because this process is a process that has a positive impact on the parties and is linear with the principles of the judiciary, namely fast, simple and low cost. Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator. This study used qualitative research methods. The type of research used is a case study, by taking a survey approachand conducting direct observations as well as conducting interviews with mediators and litigants. The research consists of field studies and literature studies (Field Research and Library Research). The Depok Religious Court has carried out the Mediation Process in accordance with the rules Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts. The mediation process at the Depok Class 1 A Religious Court in accordance with PERMA No.1 of 2016 is still not effective with a success rate of only achieved about 2% Success with the issuance of a peace certificate, 8% Success by revoking the divorce case and 23% succeeded in peace but still choose Divorce.
APPLICATION OF ISLAMIC LEGAL PRINCIPLES IN PUBLIC COMMUNICATION ACTIVITIES: A CASE STUDY AT UIN SYARIF HIDAYATULLAH JAKARTA Syifa, Syarifah; Mukri, Syarifah Gustiawati; Suherman, Anastasya
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20377

Abstract

UIN Jakarta Publicist Subbag becomes a medium and facilitator between the policy or the direction of the leadership not only with academic Jakarta UIN therein. Subbag public relations has also become a funnel for our publications and dissemination unit and other work units owned by UIN Jakarta. The purpose of this research was to know about the activity of marketing public relations (MPR) Subbag. Publications and Documentation of UIN Jakarta. The research methodology used is the type of qualitative research with engineering data validity using the technique of triangulation which uses the theory of PENCILS (Publications, Events, News, Community involvement, Inform of image, Lobbying and negotiation, and Social responsibility) raised by Philip Kotler. The results showed that seven of the applied theory of PENCILS, aspects of Social responsibility are still held less than optimal; Publications, Events, and News should still be optimized by holding activities and working with national and international media. Recommendations to make Subbag. Publications and Documentation have to do improvements in human resources and forming a special team to manage Public Relations activities.
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.

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