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Mizan: Journal of Islamic Law
Published by Universitas Ibn Khaldun Bogor
ISSN : 2598974X     EISSN : 25986252     DOI : 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 270 Documents
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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 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.v14i1.24558

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 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

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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 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.v14i1.24681

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 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.v14i1.24714

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 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

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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.  
Customary and Islamic Law in the Piduduk Tradition of Banjar Weddings in Perbaungan M Qodri Salam; Irwan
JURNAL ILMU SYARIAH Vol 10 No 2 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v10i2.24746

Abstract

The Piduduk tradition in Banjar weddings remains a subject of debate because it represents customary heritage, while some of its earlier practices may conflict with the Islamic principle of monotheism. This study analyzes the interaction between customary law and Islamic law in the implementation and reinterpretation of Piduduk and examines the role of community leaders in preserving the tradition in Perbaungan District, Serdang Bedagai Regency. This empirical legal research employed a qualitative approach and a single-site case-study design. Primary data were collected through semi-structured interviews conducted on 21–25 September 2025 with a customary leader, a religious leader, and a community member, and were supplemented by direct observation of the tradition’s material preparation. Secondary data were obtained from scholarly literature and the 2024 profile document of Cinta Tanah Air Village. The data were analyzed through reduction, data display, conclusion drawing, and verification, while their credibility was established through source and technique triangulation. Because the study relies on three informants at a single research site, its findings are presented as an in-depth illustrative account rather than a representative description of Banjar communities in general. Within these boundaries, the findings demonstrate that customary and Islamic law interact through conflict, accommodation, and integration. Piduduk has gradually been reinterpreted by these informants from a practice associated with offerings and supernatural protection into a cultural symbol of prayer, gratitude, marital advice, sharing sustenance, and social solidarity. Under Islamic law, Piduduk constitutes ’urf fasid when it involves belief in powers other than Allah, but it may be accepted as ’urf shahih when its mystical elements are removed. Customary and religious leaders play complementary roles in preserving Banjar identity while directing the tradition toward Islamic principles. Keywords: Banjar community; customary law; Islamic law; Piduduk tradition; ’urf  
A Siyāsah Tanfīdhiyyah Analysis Of The Employment Office's Policy Strategies In Bandar Lampung To Address Unemployment Under Law Number 13 Of 2003 On Manpower Alfiyar Ikhsan Fadilah; Zuhraini; Rizky Silvia Putri
JURNAL ILMU SYARIAH Vol 10 No 2 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v10i2.24782

Abstract

The Open Unemployment Rate in Bandar Lampung City rose from 7.44% (80,613 people) in 2024 to 7.53% (81,118 people) in 2025. This study analyzes the policy strategies of the Bandar Lampung City Employment Office (Disnaker) under Law Number 13 of 2003 on Manpower through the lens of siyasah tanfidziyah (executive Islamic jurisprudence). Using a descriptive-qualitative field design, primary data were drawn from interviews with three Disnaker officials, coded thematically against five siyasah tanfidziyah principles ('adl, al-taysir, musawah, tabligh, amanah), and triangulated with statutory instruments and BPS statistics. Findings show Disnaker's strategies — vocational training (BLK), job fairs, entrepreneurship mentoring, and Musrenbang coordination — substantively align with Law No. 13/2003 and fulfill al-taysir, musawah, and, partially, tabligh. However, budget constraints and incomplete BLK facilities compromise 'adl and amanah. As the study relies solely on institutional informants, findings reflect Disnaker's own account of its performance rather than beneficiaries' experience; this limitation is discussed, and beneficiary-inclusive follow-up research is recommended. Keywords: Siyasah tanfidziyah; unemployment; Manpower Office  
The Limits of Guardians’ Authority in Setting Marriage Conditions: A Study of Al-Qurthubi’s Tafsir Ahkam on QS. Al-Baqarah 2:232 M. Ridho Agustian Siagian; Muhammad Faisal Hamdani
JURNAL ILMU SYARIAH Vol 10 No 2 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v10i2.24796

Abstract

The guardian (wali) in Islamic marriage is meant to protect women, yet in practice this authority is often exercised excessively through the imposition of conditions that end up obstructing marriage. Requirements such as economic status, lineage, education, and social standing are frequently used as grounds for refusing or delaying marriage, despite lacking a strong basis in Islamic law. This study analyzes the limits of a guardian’s authority in setting marriage conditions based on Al-Qurthubi’s ahkam exegesis of QS. Al-Baqarah verse 232, and examines its implications for the practice of marriage obstruction through such conditions. The study draws on the theory of authority, the theory of kafa’ah, maslahah theory, and the concept of *‘adhal* in Islamic law. It employs normative legal research using exegetical (tafsir), statutory, and conceptual approaches. Data were gathered through a literature study of the Qur’an, Al-Qurthubi’s Al-Jami’ li Ahkam al-Qur’an, fiqh literature, and relevant legislation, and were analyzed qualitatively using a descriptive-analytical method. The findings show that, according to Al-Qurthubi, a guardian’s authority is not absolute but is bounded by the principles of ma’ruf (propriety), ’adl (justice), and maslahah (benefit). The prohibition of ’adhal in QS. Al-Baqarah verse 232 covers not only outright refusal but also any form of obstruction carried out through disproportionate conditions lacking a sound basis in Islamic law. This study recommends strengthening the understanding of the limits of guardians’ authority and optimizing the role of religious courts in preventing marriage-obstruction practices that contradict the objectives of Islamic law
Fulfilling Children’s Right to Education in Perupuk Village: Perspectives from the Compilation of Islamic Law and the Child Protection Law Nur Fatimah Qomaria; Ibnu Radwan Siddik Turnip
JURNAL ILMU SYARIAH Vol 10 No 2 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

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Abstract

The fulfillment of children’s right to education is a parental obligation under the Compilation of Islamic Law and Law Number 35 of 2014 on Child Protection. However, its implementation in rural communities continues to encounter economic, cultural, and legal-awareness barriers. This study examines parents’ perceptions and practices concerning the fulfillment of children’s right to education in Perupuk Village and assesses their conformity with Islamic and national law. This study used empirical legal research with a sociology-of-law approach. Analysis involved reduction, thematic presentation, legal comparison, and conclusion drawing; source and technique triangulation ensured data validity. The findings reveal that most parents understand their responsibility primarily to meet their children’s physical needs, while education has not been fully recognized as a fundamental right and a primary obligation. Several children were found to have discontinued their schooling, to have received limited parental support for continuing their education, or to have participated in their parents’ work in ways that interfered with their learning. These practices were influenced by financial constraints, parents’ limited educational backgrounds and legal awareness, and cultural attitudes that prioritized immediate household needs over education. Such conditions are inconsistent with the Compilation of Islamic Law and the Child Protection Law, which place responsibility for children’s education on parents. This study concludes that a gap persists between legal requirements and community practices in fulfilling children’s right to education in Perupuk Village. Keywords: Child Protection Law; Children’s Right to Education; Compilation of Islamic Law; Parental Perceptions; Perupuk Village    
Resolution Of Child Maintenance Neglect After Divorce (A Study At The Department Of Women's Empowerment, Child Protection, And Family Planning Of North Sumatra Province) Wina Aditya Zahra; Sukiati
JURNAL ILMU SYARIAH Vol 10 No 2 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v10i2.24972

Abstract

This study examines how the North Sumatra Provincial DP3AKB resolves cases of child support neglect following parental divorce, and how its mediation-based approach relates to the Islamic legal characterization of paternal maintenance as wajib 'ain. Using empirical legal research with a qualitative approach, primary data were obtained through interviews with DP3AKB staff and leadership and observations of mediation sessions, with supporting documentary data from case records for 2024–2025. Private individuals' identities in the case material are pseudonymized. Findings show that DP3AKB follows a three-stage, non-litigation procedure — complaint intake and assessment, mediation and counseling, and referral — that addresses three common neglect patterns (total non-payment, irregular payment, severed communication). Applying Soekanto's legal-effectiveness framework, the mechanism is strong in legal substance and culture but weak in facilities and enforcement, as mediation outcomes lack executive force. Read against wajib 'ain, this creates a normative tension: a right owed unconditionally is resolved through a consent-dependent process. The study recommends a Memorandum of Understanding with the Religious Court, a post-mediation monitoring system, and beneficiary-inclusive follow-up research. Keywords: Child Maintenance Neglect; Divorce; DP3AKB; Wajib 'Ain; Legal Effectiveness

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