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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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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.
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.

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