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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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Legal Politics of Codification of Islamic Marriage Law: A Study of Legal Philosophy and Taqnin Practice in Muslim Countries Karmawan, Karmawan; Fajar, Abbas Sofwan Matlail; Yunus, Nur Rohim
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

Enshrining Islamic law in writing, particularly in the context of marriage, is a crucial step in transforming fiqh law into positive law in Muslim countries. This codification process reveals not only formal legal efforts but also the evolving nature of legal politics, the direction of state philosophy, and how the state responds to social demands. Islamic marriage law can be codified in various ways, including textual-normative, contextual, and progressive approaches. These differences are due to the ideological, legal, and social conditions of each country. The goal of this study is to examine the connection between legal politics and the codification of Islamic marriage law, investigate the philosophical basis for the practice of taqnin, and compare the methods of codification employed in Muslim countries such as Indonesia, Morocco, Tunisia, and Egypt. This study uses a qualitative, normative, and comparative legal approach, as well as a conceptual, historical, and comparative legal approach. The primary sources of data are official legal documents, including the Compilation of Islamic Law (KHI), Mudawwanah al-Usrah, the Code du Statut Personnel, and the Egyptian Family Law. Secondary sources include books, academic journals, and studies of Islamic legal philosophy. The study's results indicate that legal politics plays a significant role in determining how to codify Islamic marriage law. The state's legal philosophy—whether it is conservative-textual, moderate-contextual, or progressive-normative—has a substantial impact on how it handles taqnin. The principles of maqashid al-shari'ah, such as justice, protection of life, property, and honour, as well as the ability to address the challenges of social pluralism, gender equality, and the legal needs of modern society, are what make codification successful. The results suggest that the future of Islamic law should incorporate a blend of legal philosophy, inter-school dialogue, and interdisciplinary studies. Keywords: Legal Politics; Legal Codification; Islamic Marriage; Muslim State
A Religious Leaders' Perceptions Of The Practice Of Nikah Siri To Avoid Marriage Dispensation In Nanggung Al Musapaah , Siti Pariqoh; Yono; Hamdani, Ikhwan
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

In Indonesia, marriage is regulated by Law No. 1/1974 on Marriage, which governs all aspects of marriage for all citizens, including Muslims. One of the provisions in the law is the minimum age of marriage, where couples who have not reached it are required to apply for marriage dispensation to the Religious Court. However, in practice, some people choose the siri marriage route as an alternative to avoid the marriage dispensation procedure. The main reason is that the procedure is considered complicated, time-consuming, and potentially socially stigmatizing. This study aims to find out the perceptions of religious leaders in Nanggung Sub-district, Bogor Regency, towards the practice of siri marriage to avoid marriage dispensation, and to identify the factors that encourage people to make this choice. This research used a qualitative approach with a case study method. Data collection techniques included in-depth interviews, observation, and documentation. The research was conducted in Nanggung Sub-district, Bogor Regency. The results showed that religious leaders have diverse views on the practice of nikah siri, ranging from excusing it due to social conditions to criticizing its legal impact. The factors driving people to choose nikah siri include legal and regulatory reasons, socio-cultural conditions, economic pressures, and limited access to formal institutions. Although considered a practical solution, this practice has severe negative impacts, such as the absence of legal proof of marriage, unclear legal status of children, and the lack of legal protection for wives, which in turn reinforces the culture of avoiding official legal channels. Keywords: Religious Leaders; Siri Marriage; Marriage Dispensation  
Analysis of the Decision of the Bogor Religious Court on the Causes of Divorce of Husband and Wife Due to Online Gambling. rahmayanti, putri; Hambari; Rusdi Kasman; Zuhratun Nakhwah
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

This study discusses the causes of divorce due to online gambling and how the opinion of the Bogor Religious Court judge in deciding Case Number 1273/Pdt.G/PA.Bgr. The method used in this research is qualitative method The type of research conducted by researchers is using library research, namely research by trying to analyze, explain and describe the latest facts and find correlations between one another. The fact that is the object of this research is the decision of the Bogor Religious Court judge with Case Number 1273/Pdt.G/2024/PA.Bgr so that in solving it data collection must be carried out using rules, theories, arguments and so on so that the results are in line with the issues that the author conveys. The results of this study indicate that the causes of divorce due to online gambling can affect a relationship in marriage, including the effects of addiction to online gambling games which cause the husband to be unable to meet the needs of his family and cause conflict that ends in divorce. The reasons raised by the Defendant (wife) are in line with Article 19 of Government Regulation Law (PP) Number 9 of 1975 letters a and letter f and article 116 of the Compilation of Islamic Law (KHI) letters a and letter f. Factors The judge's consideration efforts carried out subjectively and objectively by religion to prevent divorce, regarding divorce cases due to online gambling and factors causing online gambling. Keywords: Religious Court Decisions, Divorce, Online Gambling
Household Conflict And Its Impact On The Quality Of Life Of Wife And Children in Bogor Jannah, Aisyah Al Jannatun Kharomah; Ikhwan , Ikhwan Hamdani; Ade Irma , Ade Irma Imamah; Istikhori
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

This study aims to examine the efforts of wives in dealing with domestic conflicts, the impact of these conflicts, and the factors that affect wives to maintain household integrity amid conflicts in Pasirangin, Cileungsi District. Domestic conflicts in this village are triggered by the husband's negligence in providing maintenance, domestic violence, injustice in the practice of polygamy, and the husband's demand for his wife to earn a living. The impact of conflict includes economic, psychological, and educational aspects. This study uses a descriptive qualitative approach through field research methods. Data were collected through observation, interviews, and documentation with research subjects of a group of wives in Pasirangin Village. The results of the study showed three main findings, namely, the way wives deal with domestic conflicts, the impact of conflicts on the quality of life of wives and children, and factors that encourage wives not to file for divorce to maintain the integrity of the household. This research provides insight into the dynamics of household conflict and family resilience in rural social contexts. Keywords: domestic conflict; responsibility; quality of life of wife and children
Juridical Review of The Obstacles in The Letter Rogatory in Bogor Religious Court. Arhab, Muhammad Fawwazul Arhab; Ikhwan Hamdani; Ahmad Mulyadi kosim
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.v13i1.21018

Abstract

This study aims to examine in depth the role and obstacles in the implementation of letters rogatory as an instrument of international legal assistance in cross-border civil justice practices at the Bogor Religious Court. A letter rogatory is an official request from one court to a court in another country to perform certain legal actions, such as the summoning of parties, the submission of documents, or the collection of evidence, which cannot be performed directly due to jurisdictional differences. In the context of religious courts in Indonesia, letters rogatory are an important mechanism in resolving cases involving foreign nationals or Indonesian citizens residing abroad, particularly in divorce cases and cross-border family disputes. This research uses a qualitative approach with a case study method. Data was obtained through in-depth interviews with two key informants: judges and clerks of the Bogor Religious Court. The results showed that the rogatory letter functions as an international legal bridge that ensures the validity and smoothness of the cross-jurisdictional judicial process. However, its implementation still faces various obstacles, such as a long bureaucracy, lack of technical understanding from the apparatus, and not optimal utilization of technology, including digital monitoring systems such as Rogatory Online Monitoring. Therefore, this study recommends increasing the capacity of human resources through technical training, simplifying administrative procedures, and optimizing digital systems to support the effective implementation of letters rogatory in the future.
Child Marriage in Indonesia Based on Maqasid al-Shariah and the 2019 Marriage Law Imam Anshori; Muhammad Kholid Abdullah; Suyud Arif; Syarifah Gustiawati Mukri
JURNAL ILMU SYARIAH Vol 13 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v13i2.20997

Abstract

This study examines the practice of child marriage from the perspective of maqasid sharia. It analyzes it against the provisions of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage in Indonesia. The main focus of this study is to review the extent to which the minimum age limit for marriage in the law aligns with the objectives of Islamic law, particularly in the context of hifz al-nasl (protecting offspring). In maqasid sharia, marriage is not only seen from the legal aspect of age, but also from the perspective of physical and psychological readiness and moral responsibility that support the realization of a healthy and beneficial family. This study employs a qualitative approach, utilizing a library research method to analyze classical sources in Islamic literature, the opinions of scholars, and applicable laws and regulations in Indonesia. The results show that although Islamic law does not explicitly stipulate an age limit, maqasid sharia encourages the protection of children and offspring by emphasizing the importance of readiness (al-ba'ah) before marriage. Meanwhile, Law No. 16 of 2019 sets the minimum age for marriage as a preventive measure against the negative impacts of early marriage, which is in line with the spirit of maqasid syari'ah in protecting one's nasab. It is hoped that this study can contribute to strengthening the understanding of the harmonization between Islamic law and Indonesian positive law and become a basis for thinking in formulating legal policies that support child protection and the sustainability of future generations.
Analysis Of The Decision Of The Karawang Religious Court Number 555/Pdt. G/2024/Pa. Krw On The Determination Of Joint Property In Polygamy Permit Cases To Prevent Family Conflicts Rafly, Muhammad; Farhan Asyhadi; Muhamad Abas
JURNAL ILMU SYARIAH Vol 13 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v13i2.21276

Abstract

The allocation of joint assets in polygamous unions involves distinct complexities that necessitate well-defined legal provisions to avert potential conflicts within the family. This research analyzes how legal rules governing joint property in polygamous marriages are implemented, as illustrated in Decision No. 555/Pdt.G/2024/PA.Krw. Utilizing a normative juridical approach combined with a case study method, the study incorporates qualitative analysis of judicial decisions, statutory law, and pertinent legal doctrines. The results reveal that the panel of judges relied on Article 35 of Law No. 1 of 1974 and Article 94 of the Compilation of Islamic Law, both of which mandate that joint property be divided separately for each marital relationship. This measure is intended to ensure legal certainty, safeguard the ownership rights of the first wife, and prevent future disputes. Judicial considerations also included the explicit consent of the first wife and sufficient financial capability of the applicant as prerequisites for granting polygamy. The study concludes that separating joint property in polygamous marriages serves as a preventive legal protection for wives while embodying the principles of justice and legal certainty within the religious court system. Keywords: Marriage; Common Property; Polygamy; Joint Assets
A Comparative Analysis of Gender Concepts: Thought of Nasaruddin Umar and Henri Shalahuddin Septyayu Catur Pamungkas; Muhammad Ulil Albab; Agus Darwanto
JURNAL ILMU SYARIAH Vol 13 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v13i2.21808

Abstract

This study examines a conceptual comparison between the idea of Gender Equality, as formulated by Nasaruddin Umar, and Gender Harmony, as articulated by Henri Shalahuddin, within contemporary Indonesian Islamic thought. Both scholars share the same moral vision—to uphold justice and combat gender-based discrimination—yet differ fundamentally in their epistemological and methodological approaches to Islamic teachings. This research uses a qualitative, descriptive, and critical-comparative approach to analyze the primary works of both figures through textual and conceptual study. Nasaruddin Umar represents a reformist-egalitarian paradigm that employs Tawḥīd and Maqāṣid al-sharī‘ah as corrective principles against patriarchal interpretations, emphasizing Qirā’ah Mubādalah to highlight moral and spiritual equality between men and women. Conversely, Henri Shalahuddin stands on a textual-normative foundation that regards revelation (Naṣṣ) and biological nature (fiṭrah) as absolute boundaries, rejecting the notion of absolute equality while proposing Gender Harmony and Mīthāqan Ghalīẓa as the basis for a balanced and just distribution of roles. The findings reveal that both thinkers represent complementary paradigms: Umar focuses on contextual transformation and social justice, while Shalahuddin emphasizes moral stability and natural balance. This dialectic illustrates the dynamic efforts of Indonesian Islamic thought to reconcile modernity and orthodoxy in addressing gender issues.  Keywords: Gender Equality; Gender Harmony; Nasaruddin Umar; Henri Shalahuddin; Islamic Gender Thought.  
Maqashid al-Shariah and Cultural Ecology in the Green Economy: A Comparative Study of Islamic Sustainability Models in Indonesia and Malaysia Harisah, Harisah; Rahmat Dahlan; Zaenal Arief; Endang Darajat; Rahmawati-rahmawati
JURNAL ILMU SYARIAH Vol 13 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : IBN KHALDUN BOGOR

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Abstract

In the face of the global environmental crisis and the inadequacies of purely technocratic sustainability models, Islamic ethical principles and local cultural values have emerged as vital resources for designing a holistic green economy. This study explores how maqāṣid al-sharīʿah (the higher objectives of Islamic law) interact with ecological cultural practices in shaping sustainability models in Indonesia and Malaysia, two Muslim-majority countries with distinct yet interconnected Islamic traditions and environmental challenges. Using a qualitative-comparative approach based on secondary data, official policy documents, and previous studies, this article examines various Islamic-based green initiatives, including eco-pesantren (eco-friendly Islamic boarding schools), environmental waqf projects, and green Islamic policies initiated by state religious institutions. The findings reveal that both countries integrate Islamic values into environmental practices through differing approaches: Indonesia emphasizes community-based environmental movements rooted in pesantren networks and local customs (adat), whereas Malaysia prioritizes institutional frameworks led by official authorities such as JAKIM. These models demonstrate that maqāṣid al-sharīʿah and cultural ecology function not only as normative frameworks but also as adaptive strategies shaping the ethical, spiritual, and practical dimensions of sustainable development. This study contributes to the discourse on Islamic sustainability by offering a value- and culture-based conceptual synthesis as an alternative to the dominant market-oriented economic paradigm. Keyword: Maqashid al-Shariah; Cultural Ecology; Green Economy    
Dowry Using Cultivated Products of Harato Pusako Tinggi: A Case Study in Manggopoh, Agam, West Sumatera Ilda Yulia Putri; Mesraini, Mesraini
JURNAL ILMU SYARIAH Vol 13 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v13i2.22388

Abstract

The research results show that cases of dowry payments using high proceeds from harato pusako tinggi in the Luhak Agam area, especially in Manggopoh. The highest use of harato pusako tinggi in Manggopoh is only in the form of cultivation results from harato pusako land, such as rice fields and plantations. Harato pusako tinggi in this case still belongs to the clan (kaum). Traditionally, in this case there is no problem, according to the results of interviews with traditional leaders, if emergency conditions are permitted by customary law to cover the shame of the community and family. According to Islamic law, the use of assets resulting from the cultivation of harato pusako tinggi is by Islamic law because the conditions for the validity of the dowry are fulfilled, namely private property (milk al-tam). Previously, community-owned harato pusako had been turned into private property through community permission. It contains hifzh al-nasab (protecting the family) because maintaining the kaum's good name in Islamic law is the same as maintaining the honour and good name of the family. Moreover, in it, there is hifzh al-mal (protecting assets), where the giving of harato pusako tinggi in Manggopoh does not take the form of giving lands such as rice fields and plantations. However, what is given is in the form of harvests from land cultivated and managed from harato pusako tinggi. Keywords: Dowry, Harato Pusako Tinggi, West Sumatera

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