cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Syarifah Gustiawati Mukri
Contact Email
syarifah@fai.uika-bogor.ac.id
Phone
-
Journal Mail Official
syarifah@fai.uika-bogor.ac.id
Editorial Address
-
Location
Kota bogor,
Jawa barat
INDONESIA
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 266 Documents
 23   24   25   26   27 
Sharia Business Ethics and Its Relevance to Umrah Service Standards in Indonesia Rara Genta Munggarani Basri Rara; Syarifah Gustiawati Mukri; Muhamad Fatihul Ihsan
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.22997

Abstract

This study analyzes the relevance of Sharia business ethics to umrah service standards in Indonesia and its integration in improving service quality. The approach is qualitative, using library research methods, drawing on the Qur'an, Hadith, academic literature, and government regulations. The analysis was carried out in a descriptive-analytical method using content analysis (content analysis). The results showed that the principles of amanah, siddiq, tabligh, and fathanah are very relevant to the standard of umrah services. Amanah ensures fund management and the certainty of departure; Siddiq ensures transparency in costs and facilities; Tabligh supports the communication and education of pilgrims; and Fathanah improves service professionalism. The integration of these principles strengthens formal regulation and establishes a conceptual model of fair, transparent, and quality service. The main challenges include profit orientation, price competition, and moral hazard risk. The implementation of Sharia ethics is key to improving PPIU's professionalism, protecting worshipers, and maintaining the blessings of worship.    
Reconstruction Of Asset Confiscation Through the Non-Conviction-Based Asset Forfeiture Reviewed In Maslahah Mursalah Khairatul Anisa; Abdul Fattaah
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.23752

Abstract

Abstract Efforts to eradicate corruption in Indonesia have so far been less than optimal because they have focused solely on prosecuting perpetrators and have paid insufficient attention to recovering losses to the state. The Non-Conviction-Based Asset Forfeiture (NCB) mechanism, as outlined in the draft asset forfeiture law, is a regulatory framework designed to facilitate the recovery of state funds and the eradication of corruption. The objectives of this study are, first, to explain the draft asset forfeiture law and its Non-Conviction-Based Asset Forfeiture mechanism. Second, to examine the public interest from the perspective of Islamic law regarding asset recovery through the Non-Conviction-Based Asset Forfeiture (NCB) mechanism and to analyze the implementation of NCB in countries that have adopted it, so that regulations in Indonesia do not focus solely on punishing perpetrators but also on recovering state financial losses, assess their public interest, and ensure they do not conflict with the values of Islamic law. The results of this study indicate that the application of NCB in the Asset Forfeiture Bill does not conflict with the concept of al-bara’ah al-ashliyyah (the presumption of innocence), does not pose a risk of violating human rights, and does not violate the principle of hifz mal. Keywords: Corruption; Non-Conviction Based Asset Forfeiture (NCB); benefit
The Role and Responsibilities of a Notary in the Deed of Inheritance Renunciation and Its Impact on Creditor Protection: An Islamic Law Perspective Chetya Dwi Mandasari; Tahegga Primananda Alfath; Heru Kuswanto
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.23754

Abstract

This study aims to analyze the role and responsibilities of notaries in drafting deeds relating to the renunciation or transfer of inheritance rights, and to examine their implications for creditor protection under civil and Islamic law. A normative juridical method was employed, utilizing statutory, conceptual, case-based, comparative, and fiqh mawaris approaches. The findings establish a fundamental distinction between renunciation of inheritance (verwerping van erfenis) under Article 1057 of the Indonesian Civil Code—which falls within the court's jurisdiction—and the transfer of inheritance rights formalized through notarial deeds under contractual freedom. Within Islamic inheritance law, the relevant concepts are not renunciation of inheritance but rather takharuj (التخارج) and tashaluh (التصالح), which are mechanisms for the consensual transfer of inheritance rights after such rights have vested, pursuant to the principle of ijbari. With respect to creditor protection, Islamic law explicitly prioritizes the settlement of debts over the distribution of inheritance, as stipulated in Surah An-Nisa verses 11–12, so that no agreement among heirs may lawfully prejudice the rights of legitimate creditors. Indonesian civil law, by contrast, continues to rely on repressive mechanisms such as actio pauliana under Article 1341 of the Civil Code and Article 1061, which have not provided adequate preventive protection. Comparative analysis with Dutch law (beneficiaire aanvaarding) and French law (renonciation à succession) underscores the need for comprehensive reform of Indonesian inheritance law. This study recommends strengthening notarial professional standards, developing more comprehensive regulations, and harmonizing Islamic inheritance principles with civil law within Indonesian notarial practice.   Keywords: Notary; Inheritance Renunciation; Takharuj; Creditor Protection; Islamic Inheritance Law  
The Integration of Local Wisdom and Islamic Law A Socio-Legal Study of Minangkabau Tradition between Customary Values and Modern Reform in the Perspective of Maqāṣid al-Syarī‘ah Isra Mardi
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the integration of Minangkabau local wisdom and Islamic law from the perspective of maqāṣid al-sharī‘ah, using a socio-legal approach to explain how customary law (adat) and the Sharī‘ah interact in shaping a living Islamic legal system. The study is motivated by the growing need for a model of Islamic legal reform that can respond to contemporary social change without undermining the authority of the naṣṣ or disregarding the dynamics of local culture. Employing a normative qualitative design within a socio-legal and legal pluralism framework, the study draws upon documentary sources, including classical and contemporary works on uṣūl al-fiqh, maqāṣid al-sharī‘ah, the doctrine of 'urf (custom), Minangkabau customary documents, and scholarly literature on legal pluralism, communal asset governance, and Islamic legal reform. The data were analyzed through normative interpretation, conceptual analysis, and thematic synthesis to examine the interaction between naṣṣ, 'urf, maqāṣid al-sharī‘ah, and social institutions in Minangkabau society. The findings demonstrate that the philosophy of adat basandi syarak, syarak basandi Kitabullah represents an institutional mechanism that harmonizes customary values and Islamic legal principles through deliberative decision-making, dispute resolution, the management of harta pusaka tinggi (ancestral communal property), and communal asset governance oriented toward public welfare (maṣlaḥah). The study further argues that harta pusaka tinggi is more appropriately understood as milk al-jamā‘ah (communal ownership), and therefore should not be equated directly with the individual inheritance regime governed by farā'iḍ. From the perspective of maqāṣid al-sharī‘ah, modernization does not diminish the role of customary institutions but rather encourages institutional transformation, enabling Islamic law to adapt to contemporary social realities while preserving its normative foundations. The principal contribution of this study is the formulation of the Contextual Integration Model of 'Urf–Maqāṣid–Legal Pluralism as an analytical framework for Islamic legal reform that integrates the authority of naṣṣ, the objectives of the Sharī‘ah, social institutions, and cultural dynamics in developing a contextual, humanistic, and sustainable Islamic legal system. Keywords: Minangkabau Local Wisdom; Islamic Law; Maqāṣid al-Sharī‘ah; 'Urf; Legal Pluralism; Living Islamic Law.
Reinterpreting the Concept of Nusyuz of Husbands and Wives in the Perspective of Indonesian Positive Law Winda Talita Putri winda; Dini Handayani; Sariyah
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.24133

Abstract

This study examines the reinterpretation of the concept of nusyuz within the framework of Indonesian Islamic family law by analyzing both normative legal provisions and judicial practices. The issue arises from the prevailing tendency to interpret nusyuz solely as a wife’s disobedience, which often leads to unequal legal consequences and reinforces structural gender bias in the application of family law. This research aims to reassess the legal position and operational meaning of nusyuz in light of contemporary principles of justice, equality, and maqāṣid al-sharī‘ah. The study employs a normative juridical method supported by statutory, conceptual, and case approaches. Primary legal materials include Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and relevant religious court decisions, while secondary materials consist of scholarly literature concerning Islamic family law, gender justice, and maqāṣid al-sharī‘ah. The findings reveal that nusyuz should not be understood as a concept exclusively attributed to wives but rather as a reciprocal condition that may arise from either spouse’s failure to fulfill marital obligations. The study further demonstrates that unilateral claims of nusyuz without sufficient and objective evidence are inconsistent with the principles of equality before the law and the objectives of Islamic law, which emphasize justice, human dignity, and family welfare. Therefore, a reinterpretation of nusyuz is necessary to prevent discriminatory legal outcomes and to promote a more balanced and equitable implementation of Islamic family law in Indonesia, ensuring equal legal protection for both husbands and wives within marital relationships.   Keywords: Islamic family law; legal equality; marital rights; maqāṣid al-sharī‘ah; nusyuz.
Copyright Protection for Artificial Intelligence-Generated Works: An Analysis of Indonesian Positive Law, Islamic Law, and a Comparative Study with China Farhan Ardhi Nugroho; Inge Dwisvimiar; Sariyah
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The rapid advancement of Artificial Intelligence (AI) has fundamentally transformed the process of creating copyrighted works, giving rise to complex legal issues concerning authorship, originality, and copyright ownership. Indonesian copyright law continues to adopt a human-centered authorship approach but has yet to establish clear legal standards for determining copyright protection for AI-generated works. This study aims to analyze the regulation of AI-generated works under the copyright systems of Indonesia and China and to formulate a reconstructed copyright protection model suitable for implementation in Indonesia. Employing normative legal research with statutory, conceptual, and comparative approaches, this study examines Law Number 28 of 2014 concerning Copyright, the Copyright Law of the People's Republic of China (Amendment 2020), and the Beijing Internet Court decision in LI v. LIU (2023). The findings reveal that Indonesia lacks objective legal parameters for assessing human creative contribution in AI-assisted creative processes, whereas China has adopted a more adaptive approach by recognizing copyright protection based on identifiable human intellectual contribution. From the perspective of Islamic law, AI is regarded as a technological instrument (wasīlah) rather than an independent legal subject, while intellectual property rights remain vested in human beings under the concepts of ḥaqq al-ibtikār and huqūq māliyyah, consistent with the objectives of Maqāṣid al-Sharī'ah. Accordingly, this study proposes the Human Creative Contribution (HCC) model as the principal basis for attributing copyright ownership to AI-generated works, thereby strengthening legal certainty while preserving the human-centered philosophy of copyright.
Analysis of Sadd adz-Dzari’ah Against the Paradox of "Love" as a Reason for Marriage Dispensation Kholidiyah Salma; Kasuwi Saiban
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.22436

Abstract

The revision of Marriage Law No. 16 of 2019, which sets the minimum age at 19, aims to minimize child marriage. However, national data from 2022-2025 shows an anomaly with high rates of marriage dispensation requests dominated by reasons of "love" and "fear of adultery" (67.16%). This study aims to analyze the shift in the meaning of urgency through the perspective of sadd adz-dzari’ah and to formulate a more protective reconstruction of the dispensation model. Using a qualitative literature study method with an Islamic law approach, this research finds that judges' ijtihad tends to be trapped in preventing presumptive harm (mafsadah mauhumah) such as adultery, while ignoring actual harm (mafsadah muhaqqaqah) such as school dropout and health risks. This causes the function of dispensation to shift from closing the door to harm (sadd adz-dzari’ah) to opening a new door to harm (fath adz-dzari’ah). The results recommend a "Conditional Dispensation" model through mandatory expert involvement and educational integrity pacts to ensure the future welfare of children. Keywords: Marriage Dispensation; Sadd adz-Dzari’ah; Underage Marriage; Maqashid Syariah; Judicial Ijtihad
Environmental Protection Governance In Indonesia: A Siyāsah Tanfīdziyyah Analysis Of Regional Policy Implementation Try Sutrisno; Zuhraini; Ahmad Fauzi Furqon
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.23927

Abstract

Environmental sustainability is crucial for human life and must be protected from pollution and environmental degradation caused by development, industrial activities, and community activities. This study aims to analyze the implementation of Article 434 of South Sumatra Provincial Regulation Number 4 of 2024 on Environmental Protection and Management from social and administrative perspectives at the Environmental Agency of Ogan Komering Ulu Regency. Using a field research approach, data were collected through interviews, observations, and documentation involving five agency employees. The results indicate that environmental oversight has been carried out through direct and indirect monitoring, evaluation of reports, and follow-up on violations, although several technical and administrative obstacles remain. From a social and administrative perspective, this implementation reflects the principles of trust, justice, and general welfare (maslahah), demonstrating the government's responsibility to maintain environmental sustainability. Keywords: Social and Administrative Supervision; Environmental Protection and Management; Regulation
The Notary's Obligation to Read Deeds Between Fiqh al-Tawthiq and Positive Law: A Maqasid al-Shariah Analysis of Normative Ambiguity in Article 16 of the Indonesian Law on Notary Position Johan Eko Cahyono; Tahegga Primananda Alfath; Khusnul Yakin
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.24276

Abstract

The documentation of legal transactions occupies a distinctive place in Islamic law: Qur'an, Surah Al-Baqarah (2): 282, commands believers to record debts in writing through a just scribe (katib bi al-'adl), a command that classical fiqh literature on tawthiq (authentication) and shurut (legal formulae) developed into an elaborate doctrine of documentary certainty long before the emergence of the modern civil-law notariat. This study examines the Indonesian notary's statutory obligation to read authentic deeds under Article 16 of the Law on Notary Position (Law Number 2 of 2014) against this Islamic legal-documentary tradition, alongside the secular jurisprudential lenses of Hans Kelsen's hierarchy of norms and Gustav Radbruch's principle of legal certainty. Article 16 exhibits an internal disharmony: paragraph (1) letter (m) imposes a mandatory reading obligation reflecting the fiqh requirement that a just scribe ensure the parties' informed consent, paragraph (7) permits an exception based on the appearers' bare declaration, and paragraphs (8) and (9) retain sanctions, including degradation to a private deed, for procedural non-compliance. Using normative legal research combined with a maqasidi-usuli approach, this study treats the Qur'anic mudayanah verse and classical tawthiq literature as an Islamic primary source parallel to Indonesian positive legislation, and analyzes both through statutory, conceptual, and case approaches. The analysis shows that, viewed through usul al-fiqh, paragraph (7) functions as a nass mujmal (an ambiguous legislative text) that has never received the bayan tafsiri (explanatory clarification) needed to reconcile it with the sanction provisions in paragraphs (8) and (9) — a diagnosis that converges strikingly with Kelsen's finding of an unresolved validity conflict between a derivative exception-norm and its parent obligation. Because Indonesian notarial deeds are also the principal instrument for documenting Sharia-compliant contracts (akad syariah) such as murabahah, ijarah, and hibah, this disharmony carries direct consequences for the legal certainty of Islamic commercial and family-law transactions, not only for secular civil transactions. The study proposes a clause-referenced verification standard and an explicit burden-of-proof rule for Article 16 paragraph (7), justified simultaneously under maslahah mursalah and the positive-law objective of legal certainty. Keywords: Notary; fiqh al-tawthiq; Maqasid al-Shariah; hierarchy of norms; legal certainty; deed reading obligation.
Personal Data Protection in the Digital Era: A Maqasid al-Shariah Perspective on Contemporary Legal Challenges Kukuh Pandu Wicaksana; Tahegga Primananda Alfath; Heru Kuswanto
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.24363

Abstract

Personal data has become one of the most valuable assets in the digital era, yet its extensive collection and processing by digital platforms, corporations, and government institutions have created significant risks of misuse, unauthorized disclosure, and violation of individual privacy. While Indonesia has responded through Law Number 27 of 2022 concerning Personal Data Protection, positive law alone provides limited ethical grounding for evaluating why such protection matters and how far it should extend, particularly in the face of emerging challenges such as algorithmic profiling and automated decision-making. This study examines personal data protection through the lens of Maqasid al-Shariah, the objectives of Islamic law, to identify the extent to which Islamic legal reasoning can complement and, in certain respects, extend the normative foundations of positive data protection law. Using normative legal research with statutory, conceptual, and comparative approaches, this study analyzes primary legal materials, including Qur'anic verses, authentic hadith, and Indonesian data protection legislation, alongside secondary materials drawn from classical and contemporary Maqasid al-Shariah scholarship. The analysis employs qualitative content analysis, categorizing findings according to the dimensions of hifzh al-din, al-nafs, al-'aql, al-nasl, al-mal, and the contemporary extension of hifzh al-'irdh. The findings show that core principles of Law Number 27 of 2022, namely lawfulness, transparency, purpose limitation, and accountability, are substantively consistent with the Islamic principles of taradhi (mutual consent), amanah (trustworthiness), 'adl (justice), and dar' al-mafasid (prevention of harm). However, the analysis also identifies areas where Maqasid al-Shariah offers a broader ethical horizon than current positive regulation, particularly regarding the algorithmic manipulation of human reasoning (hifzh al-'aql) and the moral, rather than merely administrative, character of data trusteeship. This study concludes that harmonizing Islamic legal objectives with positive data protection law can produce a more comprehensive, ethically grounded framework for digital governance in Muslim-majority societies such as Indonesia. Keywords: personal data protection; Maqasid al-Shariah; digital privacy; Islamic law; Law Number 27 of 2022.  

Page 26 of 27 | Total Record : 266

 23   24   25   26   27 

Filter by Year

2013 2026


Reset
Filter By Issues
All Issue Vol 10 No 2 (2026): Mizan: Journal of Islamic Law Vol 10 No 1 (2026): Mizan: Journal of Islamic Law Vol 9 No 2 (2025): Mizan: Journal of Islamic Law Vol 9 No 1 (2025): JUNI Vol 12 No 2 (2024): DESEMBER Vol 12 No 1 (2024): JUNI Vol 11 No 2 (2023): DESEMBER Vol 11 No 1 (2023): JUNI Vol 10 No 3 (2022): DESEMBER Vol 10 No 2 (2022): SEPTEMBER Vol 10 No 1 (2022): JUNI Vol 9 No 3 (2021): DESEMBER Vol 9 No 2 (2021): SEPTEMBER Vol 9 No 1 (2021): JUNI Vol 8 No 2 (2020): DESEMBER Vol 8 No 1 (2020): JUNI Vol 7 No 2 (2019): DESEMBER Vol 7 No 1 (2019): JUNI Vol 6 No 2 (2018): DESEMBER Vol 6 No 1 (2018): JUNI Vol 5 No 2 (2017): DESEMBER Vol 5 No 1 (2017): JUNI Vol 4 No 2 (2016): DESEMBER Vol 4 No 1 (2016): JUNI Vol 3 No 2 (2015): DESEMBER Vol 3 No 1 (2015): JUNI Vol 2 No 2 (2014): DESEMBER Vol 2 No 1 (2014): JUNI Vol 1 No 2 (2013): DESEMBER Vol 1 No 1 (2013): JUNI More Issue