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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 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.
Position and Progressivity of Islamic Economic Law in Indonesia Rara, Rara Genta Munggarani Basri; Ade Irma , Ade Irma Imamah
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v13i1.20855

Abstract

Implementing Islamic economics is a necessity, including in Indonesia. The strengthening of Islamic economic law is very important in the implementation of all mechanisms that exist in the Islamic economic system. In Indonesia, the Islamic economy is growing rapidly nowadays, despite some challenges and obstacles remaining. This study aims to determine the position and development of Islamic law in Indonesia with qualitative methods and documentation, and a literature approach. The existence of the Islamic economy is marked by the development of Islamic financial institutions, such as Islamic Banking, and the Islamic Non-Bank Financial Industry (IKNB). Also, there are many improvements in Islamic economic law, such as the DSN MUI fatwa. The formation of DSN is a step efficiency and coordination of scholars in response to issues related to Islamic economic/financial issues, as a law that drives everything in Islamic economic law in Indonesia Keywords: Islamic economic law; Fatwas DSN-MUI; Progressivity and development
Implementation Of Nafkah Iddah And Mut'ah In Divorce Cases In The Surabaya Religious Court Arianty, Uzlifatus Dea Arianty; Abdullah Fikri
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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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 must be fulfilled by each party 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 there are obstacles that 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. Keywords: Divorce Cases, Iddah and Mut'ah Alimony, Wife's Rights
Gadamer’s Hermeneutics And The Dynamics Of Islamic Democracy: A Study Of The Concept Of Al-Shūrā In Contemporary Contexts Qustulani, Muhamad Qustulani; Murniasih; Fahmi Irfani
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

This study explores the application of Gadamer’s hermeneutic philosophy to the concept of Islamic democracy, emphasizing core principles such as al-shūrā (consultation), al-‘adālah (justice), al-musāwāh (equality), and al-ḥurriyyah (freedom) as dynamic and evolving meanings rather than fixed doctrines. Through the fusion of horizons, these values are continuously interpreted in dialogue with contemporary social realities, enabling pluralistic societies like Indonesia to foster tolerance, moderation, and inclusive participation. Central to this discourse is the concept of shūrā in the Qur’an, understood as consultation foundational to collective decision-making but not inherently identical to modern secular democracy. While critics reject equating shūrā with democracy due to conflicting views on sovereignty and law, proponents affirm its compatibility with democratic ideals grounded in Islamic values. Gadamer’s approach facilitates a contextual and moderate understanding of shūrā, positioning Islamic democracy as a living process of compassionate ijtihad that reconciles tradition and modernity, prioritizing pluralism and justice for peaceful coexistence.
Harmonization of Sharia Values in the Modern Inheritance System: Opportunities, Challenges, and Sustainability Siti Ropiah
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

The Islamic inheritance system is founded on principles aimed at ensuring justice, balance, and sustainability in the distribution of inheritance assets. However, in the modern context, the application of Sharia values in inheritance systems faces various challenges, including social dynamics, changes in family structures, and legal regulations in different countries. This study aims to examine the opportunities and challenges in harmonizing Sharia values with modern inheritance systems and explore strategies for their sustainability. The research method employed is a literature review using normative and comparative approaches, analyzing various inheritance models implemented in both Muslim and non-Muslim countries. The findings indicate that despite obstacles in implementing Islamic inheritance law, there are opportunities through flexible regulations, strengthening Islamic legal literacy, and contextual fatwa adaptations. On the other hand, major challenges include conflicts with positive law, differences in scholars' interpretations, and social resistance to inheritance distribution based on Islamic law. For sustainable implementation, it is essential to develop an inheritance model that not only adheres to Sharia principles but also adapts to modern legal and social realities. Therefore, harmonizing Sharia values within the modern inheritance system requires an inclusive and solution-oriented approach that holistically considers legal, social, and economic aspects. Keywords: Islamic inheritance; Sharia law; Modern inheritance system; Legal harmonization; sustainability.
The Role of Pre-Marital Counselling by BP4 in Realising a Sakinah, Mawaddah, and Warahmah Family muhammad kholis qolbi; Ikhwan Hamdani; Syarifah Gustiawati Mukri
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

The high rate of divorce in Indonesia, including in Ciomas Subdistrict, Bogor Regency, indicates weak family resilience, largely caused by couples’ lack of understanding regarding the essence and purpose of marriage. From an Islamic perspective, marriage is a sacred institution aimed at forming a family that embodies tranquility (sakinnah), affection (mawaddah), and compassion (rahmah), commonly referred to as SAMAWA. Therefore, implementing structured pre-marital counseling is essential. This study aims to examine the role of the Advisory Board for the Development and Preservation of Marriage (BP4) under the Religious Affairs Office (KUA) of Ciomas in providing pre-marital guidance, and to evaluate the effectiveness of the program in preparing prospective spouses to enter a harmonious family life. This research adopts a mixed methods approach, combining qualitative and quantitative techniques. Data collection involved semi-structured interviews with BP4 officers, direct observation of counseling sessions, document analysis, and the distribution of pre-test and post-test questionnaires to 51 respondents (102 prospective brides and grooms). The findings show that BP4 actively delivers guidance materials encompassing psychological, social, and religious aspects. The comparison of pre-test and post-test data indicates a significant improvement in participants’ readiness for marriage. However, the program still faces several challenges, including low participant attendance, limited human and material resources, and the absence of effective post-guidance follow-up. Therefore, strengthening and optimizing the implementation of pre-marital counseling is necessary to ensure BP4 can fulfill its role effectively in preventing divorce and fostering SAMAWA families. Keywords: Pre-marital guidance; BP4; Sakinah Mawaddah Warahmah (SAMAWA) family
Analysis Of Decision Number 331/Pdt.G/2025/Pa.Bgr About The Impact Of Online Judi On Household Protection (Case Study Of Bogor Religious Court) Nova Ramadanti; Yono; Ade irma Imamah
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

The rise of online gambling in the digital era not only raises legal and moral concerns but also poses a serious threat to family resilience. This phenomenon often becomes a major trigger of household conflict, particularly when one partner is involved in gambling practices, leading to the neglect of economic responsibilities, emotional instability, and the breakdown of family relationships. This study aims to analyse Decision Number 331/Pdt.G/2025/PA. Bogor is a representative case of divorce caused by online gambling addiction. The research employs a descriptive qualitative approach using a case study method. Data were obtained through interviews with a judge at the Bogor Religious Court and document analysis of the court decision. The findings reveal that the husband’s involvement in online gambling directly disrupted the economic functions of the family, including neglect of financial support, the sale of household assets, and debt accumulation. Moreover, this addiction undermined family harmony, eroded trust, and diminished the well-being and future of the children, ultimately resulting in divorce. The factors that drive individuals into online gambling include easy access to information technology, economic instability, irregular employment, permissive social environments, and the desire to gain instant profits. These findings indicate that online gambling is a real threat to family resilience and requires serious attention from various parties through legal, social, and educational measures. Keywords: Online Gambling; Household Resilience; Court Decision
The Concept of Reconciliation in Islamic Criminal Law and the Implementation of Restorative Justice as a Contribution to Criminal Law Reform in Indonesia Hendra Prayoga; Wasman; Edy Setyawan
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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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. Keywords: Peace; Islamic Criminal Law; Restorative Justice; and Legal Reform.
Problematics Of The Legal Position Of Gender In The Division Of Nafkah After Divorce (Case Study In Cirebon City) Nurkholis; Abdul Aziz; H. E. Sugianto
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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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. Keywords: Post-divorce maintenance; gender justice; Islamic law; legal enforcement; women's rights.
Legal Politics of Combating Thuggery In the Perspective of Critical Criminology and Islamic Law Siagian, Amrizal; Yunus, Nur Rohim; Raihani, Fina; Setiawan, Refly
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

Phuggery is a form of social crime that disturbs society and often arises due to economic inequality, social marginalisation, and weak structural policies to overcome it. In practice, the state's legal response to thugs tends to focus on a repressive and symbolic approach through law enforcement and criminalisation operations alone, without touching on the more complex roots of the problem. This study aims to examine the direction and strategy of Indonesian legal politics in addressing the phenomenon of thugs and to analyse alternative policies based on critical criminology and Islamic legal values. The research method employed is a normative qualitative approach with a conceptual and comparative focus. Data sources comprise primary legal materials, such as laws, police regulations, the Qur'an, and hadith, as well as secondary legal materials, including books, scientific journals, interpretations, and criminology literature. The analysis was conducted descriptively and critically, utilizing the theoretical framework of critical criminology and fiqh al-jinayah (Islamic criminal law). The results of the study indicate that thugs cannot be overcome only with the coercive power of the state, but instead require a structural and ethical approach that supports social justice. Critical criminology critiques the labelling of the lower class, while Islamic law emphasises the principles of ta’zīr, correction (islāh), and preventive justice. Thus, integrating critical criminology approaches and Islamic values ​​can be the basis for a more humanistic and sustainable legal policy reform. Keywords: Legal Politics; Thuggery; Critical Criminology; Islamic Law; Social Justice    

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