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 265 Documents
 23   24   25   26   27 
The Legal Position and Legal Implications of Siri (Unregistered) Marriage Following the Enactment of Law Number 1 of 2023 (New Penal Code): A Review from the Perspective of Maqashid Syari’ah Aldi Adriyansyah; Hambari; Syarifah Gustiawati Mukri
JURNAL ILMU SYARIAH Vol 14 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.v14i1.24558

Abstract

This study examines the legal position and legal implications of siri (unregistered) marriage from the perspective of fiqh munakahat and Article 403 of Law Number 1 of 2023 on the Criminal Code. It is motivated by the persistence of siri marriage practices in Indonesian society despite the divergence between Islamic law and positive law in regulating marriage registration. The study aims to describe the legal status of siri marriage and analyze the legal consequences it entails under both legal systems. A qualitative approach combining library research and field study was applied, using normative-juridical and empirical approaches. Primary data were drawn from classical and contemporary fiqh literature, Law Number 1 of 2023, the 1974 Marriage Law, and the Compilation of Islamic Law, while secondary data were obtained through in-depth interviews with a marriage registrar (penghulu) at the Cibinong Religious Affairs Office and an Islamic scholar (kyai). Data were analyzed using the Miles and Huberman model, with data reduction, categorization, comparison, and conclusion drawing. The findings show that siri marriage, which fulfills the pillars and conditions of marriage, is valid under fiqh munakahat, yet marriage registration is regarded as obligatory on the basis of maslahah mursalah and the legal maxim mā lā yatimmu al-wājib illā bihi fahuwa wājib, in order to safeguard justice, lineage, and family rights. Under Article 403 of Law Number 1 of 2023, siri marriage has no civil legal standing because it is not registered with the competent authority, and it may give rise to criminal liability only when it involves concealment of a lawful marriage impediment, under a complaint-based (delik aduan) mechanism. The legal implications include weakened protections for wives and children, administrative difficulties, and uncertainty regarding civil rights, such as inheritance and birth registration. Keywords: Fiqh Munakahat; Legal Implications; Legal Position; Law Number 1 of 2023; Siri Marriage
Protection Of Indonesian Migrant Workers' Children In Bilah Barat: Perspectives Of Positive Law And Islamic Law Siti Jamroh Rambe; Uswatun Hasanah
JURNAL ILMU SYARIAH Vol 14 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

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

Abstract

The phenomenon of Indonesian migrant workers has created social consequences for children left behind, particularly in caregiving, education, emotional communication, and social protection. This article examines the protection of Indonesian migrant workers' children in Bilah Barat District, Labuhanbatu Regency, from the perspective of positive law and Islamic law. This study employs an empirical legal method, drawing on statutory, case, sociological, and Islamic legal approaches. Primary data were obtained through in-depth interviews with 18 informants from five migrant-worker families, along with one supporting informant, the Head of the Religious Affairs Office, and one village official. Within each family, the child, substitute caregiver, and migrant-worker parent were interviewed to allow within-family triangulation. Secondary data were collected from legislation, classical fiqh books, and relevant scientific literature. The research was conducted with ethical safeguards for child informants, including guardian consent, child assent, and the use of pseudonyms for all minors and their families to protect their identity. The findings show that child protection has a strong normative basis under Law Number 35 of 2014 on Child Protection and the Islamic legal concepts of hadhanah and maintenance. However, its implementation remains partial. The children of migrant workers experience non-ideal substitute care, emotional deprivation, educational vulnerability, misuse of remittance channels, and social risks, including child-marriage vulnerability. From an Islamic legal perspective, neglect of caregiving, maintenance, and protection may be categorized as tafrith, although the degree of fault varies depending on whether the failure stems from a parent's own dereliction or from an intervening third-party wrongdoing. This study argues that child protection for migrant-worker families requires stronger village data collection, integrated policy, school-based early detection, safe remittance mechanisms, and the involvement of religious institutions based on maqasid sharia. Keywords: child protection; hadhanah; Indonesian migrant workers; Islamic law; positive law.
A Review Of Sharia Economic Law On Cake Pricing: A Study At Elly's Cake Store, Sukarame District, Bandar Lampung City Aldino Ferdi Elpandha; Iskandar Syukur; Pramudya Wisesha
JURNAL ILMU SYARIAH Vol 14 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.v14i1.24681

Abstract

Pricing is one of the most important aspects of commercial transactions, as it is closely related to the realization of justice, transparency, and a balanced distribution of rights and obligations between sellers and buyers. In practice, ELLY'S Cake Store, located in Sukarame District, Bandar Lampung City, implements a pricing policy that differentiates between returning customers and new customers for the same products. This practice raises questions regarding its conformity with the principles of Sharia Economic Law. This study aims to examine the pricing mechanism implemented at ELLY'S Cake Store, analyze its conformity with the principles of Sharia Economic Law, and propose a general analytical framework for assessing loyalty pricing practices within fiqh al-mu’āmalah. This research employed a qualitative approach using a field research design. Data were collected through observation, in-depth interviews, and documentation involving the store owner, one employee, one returning customer, and one new customer, selected through purposive sampling. The data were analyzed using data reduction, data display, and conclusion-drawing techniques, with source and method triangulation applied to strengthen the trustworthiness of the data. The findings indicate that the pricing mechanism is determined by considering production costs, raw material prices, operational expenses, market conditions, and strategies to maintain customer loyalty. The price differences offered to returning customers are intended as a form of appreciation for their loyalty and do not affect the quality of the products or services provided. From the perspective of Sharia Economic Law — examined through the doctrines of tas’īr (price regulation), khiyār (option to rescind), and tadlīs (fraudulent misrepresentation) — this pricing practice is legally valid (ṣaḥīḥ) because it rests on the individually informed consent of each transacting party (an-tarāḍin) and does not involve riba, gharar, or active misrepresentation of the object of sale. However, the absence of proactive disclosure of the loyalty-pricing scheme to new customers constitutes a transparency deficiency that renders the practice ethically imperfect (makrūh tanzīhī) rather than fully ideal, without invalidating the underlying contracts. The study proposes four criteria for evaluating the Sharia compliance of loyalty pricing in small-business practice and recommends that ELLY'S Cake Store adopt open disclosure of its special pricing policy to fully realize the principles of justice (al-’adl) and transparency in commercial transactions. Keywords: Sharia Economic Law; Pricing; Loyalty Pricing; Tas’īr; Transparency.
Unregistered Marriage Without A Nasab Guardian In Tanjung Pinggir: Islamic And Indonesian Law Perspectives Bima Hidayatul Aqib; Nurul Huda Prasetiya
JURNAL ILMU SYARIAH Vol 14 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.v14i1.24714

Abstract

Unregistered marriage without a nasab guardian remains prevalent in parts of Indonesian society and creates uncertainty regarding marital validity and the legal protection of women and children. This study examines the practice of such marriages in Tanjung Pinggir Village, Siantar Martoba District, and assesses their validity and implications from the perspectives of Islamic law, the Compilation of Islamic Law, and Indonesian positive law. The study employed normative-empirical legal research with a qualitative approach. Primary data were collected through interviews with three couples in unregistered marriages without a lawful nasab guardian, supported by observations and documentation; participation was voluntary; informed consent addressed the legal sensitivity of the information disclosed; and all identities were anonymized. Secondary data were obtained from the Qur'an, hadith, classical jurisprudence, legislation, and relevant scholarly literature. The data were analyzed descriptively by reducing, classifying, comparing, and interpreting field findings and legal norms. The results reveal three problematic practices: assigning an unrelated man as a nasab guardian, appointing a wali muhakkam without following the mechanism for a state-appointed guardian, and conducting a marriage while the woman remained legally bound to a previous husband. These practices were primarily driven by limited legal knowledge, while economic pressure reinforced the case in one instance. Under the legal framework applied in Indonesia, these marriages did not comply with guardianship and marriage-registration requirements, thereby weakening legal certainty and the protection of wives and children; the third case, in particular, could have been resolved through the readily available statutory ground for divorce under Article 116(c) of the Compilation of Islamic Law rather than through an unauthorized second marriage. The study concludes that legal education, access to a state-appointed guardian, and marriage registration must be strengthened to prevent similar practices. Keywords: Indonesian positive law; Islamic law; nasab guardian; unregistered marriage; wali muhakkam
Money Politics As A Form Of Risywah: Perspective Of The 2012 Munas-Konbes Bahtsul Masail Of Nahdlatul Ulama Putra Kurniawan; Fatmah
JURNAL ILMU SYARIAH Vol 14 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

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

Abstract

The practice of money politics in village head elections remains a problem that threatens the quality of democracy and also raises debate from an Islamic legal perspective, as it bears similarities to the concept of risywah (bribery). This study aims to analyze the practice of money politics in village head elections in Indonesia and examine its position as a form of risywah based on the ruling issued by the Bahtsul Masail Diniyyah al-Waqi'iyyah commission at the 2012 Musyawarah Nasional (Munas) Alim Ulama and Konferensi Besar (Konbes) Nahdlatul Ulama, held 14–17 September 2012 at Pondok Pesantren Kempek, Cirebon. The study employs a normative legal research method, a conceptual approach, and an explicit literature-selection procedure. Data were obtained through a library study of Islamic legal literature, laws and regulations, the views of the ulama, and the published proceedings of the 2012 Munas-Konbes, and were then analyzed descriptively and analytically. The results, understood as a literature-derived typology rather than original field findings, indicate that money politics in village head elections is described in the literature through various forms of material gifts, such as money, personal assistance, and certain facilities aimed at influencing voter choices. The 2012 Munas-Konbes ruling, read together with subsequent scholarly analysis of its reasoning, emphasized that this practice falls into the category of risywah, prohibited when aimed at securing political support, while distinguishing this from giving intended to help a reform-minded candidate defeat a corrupt one, and addressing not only the giving candidate's liability but also the legal position of the receiving voter. This study concludes that money politics is a form of electoral corruption that not only damages local democracy but also violates sharia values, so that strengthening political education, religious awareness, and effective supervision are needed to prevent this practice. Keywords: Risywah; Money Politics; 2012 Munas-Konbes Bahtsul Masail; Nahdlatul Ulama.  

Page 27 of 27 | Total Record : 265

 23   24   25   26   27 

Filter by Year

2013 2026


Reset
Filter By Issues
All Issue Vol 14 No 1 (2026): Mizan: Journal of Islamic Law Vol 13 No 2 (2025): Mizan: Journal of Islamic Law Vol 13 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