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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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Transformation of Gender Equality Values in the Household from an Islamic Family Law Perspective Akmal, Muhammad; Sudirman, Sudirman; Agus Muchsin; Rusdaya Basri; Zaenal Said
JURNAL ILMU SYARIAH Vol 13 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : IBN KHALDUN BOGOR

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Abstract

This study explores the transformation of gender equality values in Muslim households in Soppeng Riaja Subdistrict, Barru Regency, South Sulawesi, Indonesia, a rural area showing relatively advanced gender equality practices in public sectors such as governance, education, and health, while maintaining traditional role divisions in primary sectors. Employing a qualitative approach with a normative-sociological perspective, the research combines in-depth interviews with six purposively selected married women who balance domestic responsibilities and public work, non-participant observation, and documentation over six months. Findings reveal that gender equality is implemented through three key dimensions: justice (evident in deliberative decision-making and equal educational access), togetherness (reflected in flexible domestic task-sharing based on situational needs), and responsibility (demonstrated by women’s active economic participation and financial management). The community adapts to these changes through gradual strategies, including shifting mindsets toward mutual understanding, reinterpreting religious and cultural beliefs to emphasize Islamic principles of justice and partnership, and altering daily behaviors to foster cooperation. Despite progress, challenges persist, including patriarchal cultural remnants, women’s double burden, and limited understanding of gender equality concepts. The study concludes that gender equality in this context emerges adaptively by harmoniously integrating Islamic teachings, Bugis-Makassar customs, and modern demands, offering a contextual model for Muslim communities in Indonesia without rejecting traditional or religious values. Keywords: gender equality; household transformation; Islamic family law; Maqashid al-Syariah; rural Muslim community.
Transparency And Accountability Of Hajj Funds from the Perspective Of Fiqh Muamalah Rara Genta Munggarani Basri; Muhammad Faishal Hidayat; Muhammad Hadi Nurfajar
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.v13i2.22497

Abstract

The management of Hajj funds is a significant mandate with religious, social, and economic dimensions, and therefore requires the application of high transparency and accountability principles. This study aims to analyze the transparency and accountability of Hajj funds from the perspective of fiqh mu’amalah, by emphasizing sharia principles such as trust, justice, openness (transparency), and accountability. The research method is qualitative, with a normative approach, based on a literature review of the Qur'an, Hadith, fiqh rules, and legislation governing the management of Hajj funds. The results showed that in fiqh mu’amalah, the management of Hajj funds must be based on a clear contract, the use of funds in accordance with their allocation, and the disclosure of information to the pilgrims as shahibul maal. Transparency and accountability are not only administrative requirements but also Syar'i obligations that aim to maintain the benefit of the Ummah and prevent irregularities (mafsadah). Thus, applying the principles of transparency and accountability in the management of Hajj funds aligns with the values of fiqh mu’amalah and is key to building public trust and ensuring professional, sharia-compliant management. Keywords: Transparency; Accountability; Hajj Funds; Fiqh Muamalah; Islamic Financial Management
The Participation Based On Article 6 Of The Ministry Of Home Affairs Regulation Number 111 Of 2014 Form The Perspective Of Siyasah Tanfiziyyah Derie Andargo; Linda Firdawaty; Arif Fikri
JURNAL ILMU SYARIAH Vol 13 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : IBN KHALDUN BOGOR

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Abstract

Community participation is a process where the interests, needs, and values of the community are incorporated into government decision-making. This involves two-way communication and dialogue, with the primary goal of achieving better decision-making and community support. To understand community participation in the formation of village regulations, this research is important as it aims to address two main issues: First, how community participation in the formation of village regulations in Bumi Aji Village, Central Lampung, is implemented based on Article 6 of the Ministry of Home Affairs Regulation Number 111 of 2014; and second, how the SiyasahTanfiżiyyah perspective reviews the role of community participation in the formation of village regulations in Bumi Aji Village. The role of the community in Bumi Aji Village, Central Lampung, is examined using the SiyāsahTanfiżiyyah perspective approach, alongside the method used, which is field research with a descriptive qualitative approach, and the nature of the research is descriptive analytical. The research results show that community participation in Bumi Aji Village runs in accordance with the guidelines of the Ministry of Home Affairs Regulation Number 111 of 2014, which aligns with the principles of Siyāsah Tanfiżiyyah because obeying the applicable law is a form of state obedience.
Problems Dispute Financing Problems in Islamic Banks from the Perspective of Islamic Law and Economics ( Case Study: Decision Number 1352/ Rev.G /2024/ PA.Trk ) Ria Regita; Mutia Izzatun Nurul Imamah; Rohmawati; Kutbuddin Aibak
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.v13i2.22516

Abstract

Problematic financing is one of the main challenges faced by Islamic banks, as it directly affects financial stability, customer trust, and compliance with Sharia principles. Disputes arising from problematic financing require not only legal certainty but also substantive justice grounded in Islamic economic values. This study aimed to analyze disputes arising from problematic financing in Islamic banks from the perspectives of sharia law and Islamic economics, using Decision Number 1352/Pdt.G/2024/PA.Trk as a case study. The research used a normative legal method with a case study approach by analyzing court decisions, laws and regulations, and literature on sharia law and Islamic economics. The results showed that the settlement of problematic financing disputes in this decision referred to formal aspects of positive law and basic principles of sharia contracts, but did not fully reflect the principles of justice, public benefit, and risk sharing as emphasized in fiqh muamalah and maqāṣid al-sharī‘ah. From the perspective of Islamic economics, the applied dispute-resolution mechanism had the potential to create an imbalance between the bank's and the customer's interests. This study highlighted the importance of a more comprehensive integration of positive law, sharia principles, and Islamic economic considerations to resolve problematic financing disputes in Islamic banking. Keywords: Problematic Financing; Islamic Banking Disputes; Sharia Economic Law; Fiqh Muamalah; Religious Court
Efficiency, Fairness, and Capability Perspectives in First Aid Policy Aga Kurniawan; Zainal Arifin Hoesein
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.v13i2.22531

Abstract

The recruitment policy of the State Civil Apparatus (ASN) through the Government Employees with Work Agreements (P3K) scheme is a strategic step by the Indonesian government to meet the need for professional personnel in the public sector without increasing the long-term fiscal burden. This article analyzes the P3K policy from the perspective of economic efficiency, social justice, and human capabilities, as well as the pressure of the need for inclusive and sustainable reform. The research uses qualitative methods with a normative approach and public policy analysis. Data were collected through document studies (legislation, technical guidelines, budget and performance reports), analysis of conclusions and academic papers related to ASN, and semi-structured interviews with regional/central personnel management officials, representatives of professional organizations/trade unions, as well as P3K and non-P3K ASN. The analysis was conducted using content and thematic analysis, supported by source triangulation to increase the validity of the findings. The results indicate that the implementation of P3K has the potential to increase efficiency through procurement infrastructure, optimization of human resource allocation, and fiscal discipline, but presents challenges related to equity and capabilities—particularly in aspects of career security, social protection, access to promotion and competency development, and disparities between regions and sectors. The findings also highlight the risks of dual employment status, which can impact motivation, retention, and organizational cohesion. The article recommends integrating the principles of efficiency, fairness, and capability building through: minimum protection standards and contract certainty, merit-based career paths for first responders, harmonization of remuneration and benefits, social security portability, recruitment transparency, and a monitoring and evaluation system based on performance and equality indicators. This approach is expected to encourage a more inclusive, responsive, and sustainable transformation of the Indonesian bureaucracy. Keywords: P3K, Civil Servants; Efficiency; Justice; Capability; Public Policy
Progressive Law in Indonesian Tax Legislation Reform: Balancing Tax Orientation and Substantive Justice Bambang Sujatmiko; Zainal Arifin Hoesein
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.v13i2.22534

Abstract

This study examines the legal orientation of Indonesian tax legislation, which has historically emphasized the budgetary function of taxation as the primary instrument of state revenue. Using doctrinal and normative legal analysis, combined with qualitative methods, the study finds that this revenue-centric orientation tends to marginalize the substantive justice dimension of taxpayers' rights, reducing taxation to a bureaucratic obligation rather than a moral and constitutional relationship between citizens and the state. The qualitative component consists of semi-structured interviews with tax officials, legal practitioners, and taxpayer advocates, along with a purposeful analysis of parliamentary debates, ministerial policy papers, and selected court decisions, to capture how fiscal imperatives shape drafting choices, administrative practices, and taxpayer experiences. Drawing on Satjipto Rahardjo's progressive legal philosophy and Eugen Ehrlich's sociological jurisprudence, along with John Rawls's principles of justice and Amartya Sen's capabilities approach, this paper argues for a paradigm shift in tax law reform. The study proposes the integration of progressive legal principles that prioritize human welfare, contextual justice, and the protection of vulnerable groups, while maintaining legal certainty and administrative feasibility. The study concludes that aligning fiscal certainty with distributive justice requires rights-sensitive legal processes, transparent and participatory rulemaking, reasonable proportionality in sanctions and audits, and fairness-oriented design of exemptions, credits, and procedures. By reframing taxation as an instrument of social justice rather than simply a fiscal mechanism, future Indonesian tax legislation can enhance legitimacy, strengthen voluntary compliance, and realize constitutional commitments to equity and public welfare in a sustainable and context-sensitive manner at the national level. Keywords: Tax Law; Fiscal Justice; Progressive Legal Theory; Legal Reform; Substantive Justice
Muadalah Policy as a Formal Recognition Solution for Non-Formal Pesantren Education under Law Number 18 of 2019 Husna, Faiqatul; Mukhlas , Umlina; Yunus , Nur Rohim
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.v13i2.22616

Abstract

This study examines the implementation of Mu’adalah as a formal recognition system for nonformal pesantren education under Law No. 18 of 2019. Traditionally, pesantren provide religious and moral education through informal methods such as halaqah and classical texts (kitab kuning), without standardized curricula or official certification, limiting graduates’ access to higher education and employment. Using a qualitative-descriptive approach, the research analyzes primary legal documents and secondary academic sources. Findings indicate that Mu’adalah formally equates pesantren diplomas with formal education certificates while maintaining their religious and cultural identity. The policy improves social legitimacy, broadens access to higher education and employment, and integrates traditional education with national standards. Implementation challenges include infrastructure and human resource disparities, resistance from traditionalist pesantren, and regional variations. Overall, Mu’adalah offers an innovative framework that bridges nonformal and formal education, supports inclusive human resource development and educational equity, modernizes pesantrens without compromising their historical and religious essence, and provides valuable guidance for policymakers and administrators. Keywords: Pesantren; Muadalah; Formal recognition of education
Maqasid-Based Comparative Jurisprudence: Synthesis of Capitalism, Socialism, and Islamic Economics in Indonesia's Dual Economic System Pertaminawati, Hendra; Dewi, Nisrina Mutiara; Prawiro, Teguh
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.v13i2.22617

Abstract

The purpose of this article is to compare legal systems in the concept of ownership (al-Milkiyyah) and examine the integration of Positive Law and Islamic Law in Strengthening Sharia financial institutions in Indonesia. Using a juridical-philosophical approach, this study examines the ontological, epistemological, and axiological aspects of each economic legal system. Ontologically, capitalism is rooted in individual freedom and private property rights; socialism in collectivity and structural equality; while Islam emphasizes the balance between private ownership, social responsibility, and distributive justice. Epistemologically, Western economic law is based on secular rationality and empiricism, while Islamic economic law is derived from revelation and maqāṣid al-syarī‘ah. From an axiological perspective, Islamic economic law prioritizes the values ​​of justice and welfare over material utility. The main findings of this study indicate that the Indonesian dual economic system model represents an epistemological synthesis between Western legal rationality and Islamic legal spirituality. National legal pluralism allows for the coexistence of two complementary economic systems, conventional and sharia, within the framework of equitable economic development. The theoretical implication is the need for a comparative model of economic law based on maqāṣid (maqāṣid-based comparative jurisprudence), while the practical implication is the importance of harmonizing positive legal regulations with sharia principles to achieve an efficient, ethical, and equitable national economic legal system. Keywords: Economic Law, Capitalism, Socialism, Islamic Economics, Dual Economic System, Maqāṣid al-Syarī‘ah.
Legal Politics and Family Resilience from Ibn Khaldun's Perspective: A Study of the Muqaddimah and Its Relevance for Gaza Palestine Soleh, Muhamad; Yunus, Nur Rohim; Fachruddin, Imam
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.v13i2.22661

Abstract

The study of legal politics and family resilience is crucial for understanding the social dynamics of a nation, particularly when faced with a crisis. Ibn Khaldun, through his monumental work, al-Muqaddimah, provides an in-depth perspective on the relationship between the state, law, and family resilience within the context of human civilization. In general, his thinking emphasizes the importance of ʿasabiyyah (social solidarity) as the basis for political power and societal resilience. Specifically, this idea can be applied to understanding the contemporary situation in Gaza, where war, poverty, and social trauma have undermined family structures and weakened national resilience. This study aims to examine Ibn Khaldun's legal political thinking, particularly his views on the role of the family in supporting the continuity of the state, and to explore its relevance to the realities of families in Gaza. The method used is a qualitative research approach with a literature review approach, which explores Ibn Khaldun's classical literature and compares it with contemporary academic findings related to the Palestinian situation. The results indicate that the family plays a fundamental role as the last bastion in maintaining the existence of society, especially when the state fails to provide legal and political protection. The social solidarity initiated by Ibnu Khaldun was the key for the Palestinian people to survive colonialism, as well as the basis for building legal politics that sided with the people. Thus, Ibn Khaldun's thoughts are not only relevant in a historical context, but also provide a conceptual framework for solutions to Gaza's resilience today. Keywords: Legal Politics; Family Resilience; Ibn Khaldun; Al-Muqaddimah; Gaza Palestine
The Position of Muslim Inheritors in Incestuous Marriages from the Perspective of Islamic Family Law Philosophy Supriadi, Dedi; Fautanu, Idzam; Saefulloh, Usep; Putra, Gilang Rizki Aji
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.v13i2.22775

Abstract

Islamic law that is of particular concern in positive law is the law of marriage. A marriage carried out by a person will give rise to inheritance laws for their children if the marriage is carried out with a valid contract and is justified by Islamic law. Inheritance law itself is a law that regulates the transfer of wealth from a deceased person to a living person because the existence of these rules is justified by Islamic law, although in practice this inheritance can be seen from several angles, because of marriage, because of kinship and so on, the question is how is the position of children in an incestuous marriage, and whether the status of the child's inheritance incest is the same as the position of the Muslim inheritance in an incestuous marriage. That the position of children in an incestuous marriage is the same as the position of children in a legal marriage, because an incestuous marriage itself is a legal marriage as long as there is no annulment, and when an annulment occurs against a marriage, it does not apply retroactively to the status of the child's position, because the annulment of a marriage does not immediately result in the annulment of a child who has been born, an incestuous marriage has been in accordance with the provisions at the beginning. It can be understood that the distribution of inheritance to children of incestuous marriages is the same as the distribution of inheritance to legitimate children, because incestuous children are legitimate children and not children born from adultery or interfaith marriages, so that the position of incestuous children is the same as the position of legitimate children in receiving inheritance and can inherit from both parents, both from the mother and father. Keywords: Marriage; Heirs; Philosophy

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