cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Badrun Taman
Contact Email
badrun.taman@mail.uinfasbengkulu.ac.id
Phone
+6287889934136
Journal Mail Official
badrun.taman@mail.uinfasbengkulu.ac.id
Editorial Address
Universitas Islam Negeri Fatmawati Sukarno Bengkulu, Jalan raden Fatah Kelurahan Pagar Dewa Kecematan Selebar Kota Bengkulu
Location
Kota bengkulu,
Bengkulu
INDONESIA
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Published by Universitas Islam Negeri Fatmawati Sukarno Bengkulu
ISSN : 23555173     EISSN : 26569477     DOI : http://dx.doi.org/10.29300/mzn.v13i1
Core Subject :
Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and enrich the discourse on Islamic law. SCOPE Jurnal Ilmiah Mizani welcomes research contributions from scholars, academics, and practitioners. Specifically, the journal invites papers addressing the following general topics: Contextualized Islamic Family Law Contextualized Islamic Criminal Law Contextualized Islamic Economic Law Contextualized Islamic Politics Contextualized Islamic Judicial System Contextualized Legal Aid in Islam Contextualized Islamic Jurisprudence
Arjuna Subject : -
Articles 303 Documents
 8   9   10   11   12 
Islamic Inheritance Systematics in The City of Binjai (Case Study Of The Division Of Inheritance Of Daughter And Biological Uncle) Adliya Muchni Muharrama; Hasan Matsum; Muhammad Syukri Albani Nasution
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 7, No 2 (2020): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.2599

Abstract

The problem of inheritance that is often a problem in society is when a dead leaves only daughters so that the father's brother gets the inheritance because there are no barriers to inheritance. In general, the dead's wife and daughter are not willing to leave the inherited properties due to the roles of the father's biological brother as long as the dead ( father ) does not play a maximum role as guardian. However, if the biological uncle's share is not given, it is feared that there will b damage to the family relationships between the biological uncle and the dead daughter. So later, in Binjai City, the biological uncle was still given the inheritance, but only part of the actual portions. This study analyzes the practice of inheritance settlement between uncles and daughters in the Binjai City community and the legal arguments of religious leaders who play a role in it. The research method used is field-qualitative with a normative approach and legal sociology. This research found that in solving the distribution of inheritance between daughters when dealing with paternal brothers in Binjai City, there are generally two ways of settlement, namely: First, the clergy want to remain consistent in applying the provisions of inheritance law by traditional fiqh, namely the father's biological brother gets the share of the heir when dealing with an only daughter. Second, scholars try to update the meaning of Islamic inheritance law by placing the position that a daughter can wear the hijab from her father's brother.
Resolving Marriage Dispensation Cases for Pregnant Women Due to Adultery as Urgent Grounds: An Analysis of Practices in the Simalungun Religious Court Mulyadi Antori; Sukiati Sukiati; Imam Yazid
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 2 (2024): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i2.5117

Abstract

In 2023, the Simalungun Religious Court adjudicated two cases involving marriage dispensations for pregnant women: Decision Number 26/Pdt.P/2023/PA.Sim and Decision Number 62/Pdt.P/2023/PA.Sim. The outcomes of these cases highlighted a significant divergence, with one ruling in favor of the dispensation request while the other denied it. This study aims to analyze both the Islamic and formal legal perspectives regarding marriage for pregnant women, evaluate scholarly views on marriage dispensations, and conduct a comparative analysis of the judicial considerations influencing these decisions. Employing a normative legal research approach, the findings indicate three key points: First, there exists a significant difference among Islamic scholars concerning the validity of marriages involving women pregnant from adultery; while Imam al-Shafi’i and Imam Abu Hanifah accept such marriages under specific conditions, Imam Malik and Imam Ahmad ibn Hanbal reject them, regardless of the identity of the husband. Second, marriage dispensations for pregnant women are compatible with Islamic law, as endorsed by several scholars. Legally, the framework for marriage dispensations is provided by the Marriage Law and Supreme Court Regulation (PERMA) No. 5 of 2019. Third, Decision Number 26/Pdt.P/2023/PA.Sim, which approved the dispensation, reinforces legal certainty, whereas Decision Number 62/Pdt.P/2023/PA.Sim, which denied it, raises potential issues regarding the predictability of legal outcomes.
Reconstructing the Legal Protection of Confiscated Assets in Indonesia's RUPBASAN through a Contextual Islamic Law Perspective Wahyu Ardianto Machpudj; Aidir Aimin Daud; Andi Muhammad Sofyan; Hotlarisda Girsang; Thresia Hilda Mathelda Yenkase Krey
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.10575

Abstract

The integrity of confiscated assets in Indonesia's criminal justice system is both a constitutional imperative and — from the perspective of Islamic law — a normative obligation rooted in the maqāṣid al-sharī'ah objective of ḥifẓ al-māl (preservation of property). Yet the State Confiscated Goods Storage House (Rumah Penyimpanan Benda Sitaan Negara — RUPBASAN), established under Article 44 of Law No. 8 of 1981 (KUHAP), continues to operate under a fragmented legal framework that lacks enforceable sanctions, adequate infrastructure, and coherent institutional positioning. Despite managing confiscated assets valued at over 17 trillion Rupiah, RUPBASAN's legal protection regime has not been examined through the lens of Islamic criminal law (fiqh al-jinayah) and the principle of amānah (trustworthiness as a legal duty of the state). This study addresses that gap through normative legal research employing statutory, conceptual, and comparative approaches, analyzing RUPBASAN's legal framework against both positive Indonesian law and contextual Islamic legal principles. The findings establish three conclusions: first, Article 44(2) KUHAP prohibits misuse of confiscated objects but provides no criminal sanctions — a normative gap that contravenes both the rule of law and the Islamic principle of lā ḍarar wa lā ḍirār (no harm shall be inflicted); second, the planned transfer of RUPBASAN management to the Attorney General's Office raises unresolved checks and balances concerns that Islamic governance theory (siyāsah shar'iyyah) addresses through the doctrine of institutional separation of taḥqīq (investigation) and qaḍā' (adjudication); and third, a ḥifẓ al-māl-informed reconstruction of RUPBASAN's legal framework — incorporating mandatory sanctions, digital asset tracking, and third-party good-faith protections — offers a contextually legitimate pathway for reform. This study contributes a contextual Islamic law framework for asset protection governance in Indonesia's criminal justice system.
IJARAH DAN IMPLEMENTASINYA DALAM LEMBAGA KEUANGAN SYARIAH Nilda Susilawati
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 3, No 2 (2016): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v3i2.1040

Abstract

Ijarah merupakan akad yang berisi kepemilikan manfaat tertentu dari suatu benda yang diganti dengan pembayaran dalam jumlah yang disepakati. Dalam lembaga keuangan syariah ijarah dipraktikkan dalam akad ijarah dan al-ijarah muntahiya bi al-tamlik kerena lebih sederhana dari sisi pembukaan, selain itu bank juga tidak direpotkan untuk mengurus pemeliharaan aset, baik pada saat leasing maupun sesudahnya.
Legal Protection for Victims of Narcotic Abuse in Baitu Syifa Rehabilitation Institution, Medan Through a Worship Approach Hari Suyandi R; Zulkarnain Zulkarnain; Ramadhan Syahmedi Siregar
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 7, No 1 (2020): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i1.2585

Abstract

The existence of a rehabilitation centre for addicts and victims of narcotics abuse is considered an effective formula to protect the law. In contrast, currently, prisons are considered inappropriate and safe for narcotics addicts to undergo healing. This study examines the worship approach used in the rehabilitation process and the application of legal protection for someone involved in narcotics abuse at the Baitu Syifa Rehabilitation Center from the perspective of the Narcotics Law Number 35 of 2009. This qualitative research uses statutory, case and conceptual approaches. The study results found that the rehabilitation program at Baitu Syifa did not conflict with the provisions in Article 57 of the Law. Number 35 of 2009 states that residents' recovery can be carried out through a religious approach. The recovery of victims of narcotics abuse in Baitu Syifa is in the form of routine activities with Islamic nuances based on the Al-Quran and As-sunnah, which include Islamic Treatment Community (TC), Scientific Islamic Studies, pious practices such as performing obligatory prayers, sunnah services, the Nabawi treating and reading the Koran. The development of worship approach methods at the Baitu Syifa Rehabilitation Center has been adapted to Islamic law
The Evolution of the Ennahda Movement: From Religious Ideology to Political Force in Tunisia's Post-Revolution Era Sundus Serhan Ahmed
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.7138

Abstract

This article examines the ideological and political transformation of Tunisia’s Ennahda Movement from a clandestine Islamist organization inspired by the Muslim Brotherhood into a central actor in Tunisia’s post-revolutionary democratic landscape. The research addresses how Ennahda redefined its political identity in response to shifting sociopolitical conditions following the 2011 revolution. Employing qualitative methods—including thematic, discourse, and comparative analysis—the study draws on primary data such as party manifestos, speeches by Rached Ghannouchi, and interviews with political actors, as well as secondary scholarly sources. The findings indicate that Ennahda’s transformation was not merely rhetorical but entailed significant changes in discourse, institutional behavior, and strategic orientation, especially in adopting a “Muslim Democratic” identity. However, the study argues that this transformation was primarily driven by political necessity rather than a fundamental ideological shift. The article highlights the internal and external challenges faced by Ennahda in balancing religious legitimacy, democratic engagement, and coalition politics. It contributes to the broader discourse on political Islam by illustrating how Islamist movements adapt to democratic transitions in pluralistic societies.
PROBLEMATIKA IMPLEMENTATIF CORPORATE SOCIAL RESPONSIBILITY PADA BANK SYARIAH DI INDONESI Zumaroh Zumaroh; Desi Wahyuni
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 6, No 2 (2019): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v6i2.2470

Abstract

This paper aims to examine the implementation of social responsibility (Corporate Social Responsibility) in Islamic banks. This study also includes a review of the usefulness of social responsibility (CSR) Sharia banking based on applicable regulations. Practically, this study is expected to be able to contribute to Islamic Financial Institutions (LKS), especially Islamic Banks in making decisions and determining Social Responsibility (CSR) programs for the interests of stakeholders. This type of research is qualitative, with analytical descriptive method and philosophical normative approach. The results showed that in the implementation of CSR in Islamic banks there were problems in management because CSR funds were managed together with ZIS funds. With regulations that can be combined, Islamic banks are able to more effectively carry out their social functions as a form of accountability to all parties involved with the company, both employees and stakeholders. Optimal application of CSR can improve the sustainability of Islamic banks because of the increasing image of the bank in the eyes of the general public
Consumer Protection in Muamalah Transactions Risfiana Mayangsari
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 1 (2024): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i1.4958

Abstract

Consumer protection in muamalat transactions is a crucial aspect that underscores the principles of justice and balance in Islamic law. This article examines the mechanisms of consumer protection in muamalat transactions, focusing on consumer rights and the responsibilities of producers or sellers. The research employs a qualitative approach using literature review methods, referencing Islamic legal sources such as the Quran, Hadith, and scholarly fatwas. The findings indicate that fiqh muamalat contains several provisions that explicitly safeguard consumers, such as prohibitions against gharar (uncertainty), riba (interest), and tadlis (fraud). Furthermore, the principles of honesty (sidq) and transparency in transactions are strongly emphasized to ensure that consumers receive clear and comprehensive information about the products or services they purchase. The implications of this study suggest the need for increased awareness and enforcement of laws in muamalat transactions to protect consumers from detrimental practices. The article also recommends strengthening regulations and providing education to business practitioners to ensure compliance with Sharia principles in their operations.
Contextualized Islamic Family Law in Practice: Divorce and Child Custody Disputes in Cikarang, Indonesia Siti Ropiah; Syafi'i Syafi'i
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.9058

Abstract

The practice of Islamic family law in Indonesia is shaped not only by formal legal norms but also by social, economic, and cultural realities. This interaction is particularly salient in Cikarang, Bekasi, where divorce and child custody disputes reveal how legal norms are interpreted, adapted, and negotiated in real contexts. This study explores how Islamic family law is applied in a contextualized manner in the resolution of divorce and child custody disputes in Cikarang, with special focus on the role of religious courts in integrating legal norms with local socio-cultural conditions. Using a qualitative case study design, data were gathered through in-depth interviews with religious court judges, legal practitioners, and litigants, alongside analysis of court decisions and relevant legal documents. Thematic analysis was used to uncover recurring patterns and interpretive logics in judicial practice. The findings indicate that although religious courts provide an institutional structure for handling family disputes, judicial decisions are significantly shaped by socio-economic conditions, cultural expectations, and extended family involvement. Mediation emerged as the dominant mechanism for divorce resolution, reflecting both normative values (sulh, maslahah) and pragmatic considerations. Child custody outcomes varied according to welfare considerations, economic capacity, and child preferences rather than rigid textual interpretations. This study contributes to the socio-legal and Islamic law scholarship by demonstrating that Islamic family law operates as a living legal system shaped by social realities, not merely as formal doctrinal norms. It expands theoretical understanding of how law is negotiated in practice within plural legal environments and highlights the flexibility and contextual adaptability of Islamic legal interpretation. The study also offers empirical evidence that informs debates on legal pluralism and judicial discretion in Muslim-majority contexts. The findings underscore the need for strengthening public legal literacy, enhancing mediation and judicial training, and fostering institutional collaboration to improve access to justice. Practical emphasis on child welfare and humanistic legal approaches can further ensure substantive justice for families.
The Dissolution of Political Parties as Sanctions for Corruption Crimes Alwi Yusup Ramadhan; Muhammad Dzikri A. S; Irsyad Ilyas T; Yuliant Prajaghupta
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 10, No 1 (2023): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v10i1.2941

Abstract

This study delves into the corporate criminal responsibility of political parties in cases of corruption and money laundering committed by their members. The intricacy lies in the challenge of attributing individual actions within political parties to the parties themselves. The primary concern investigated is the application of the dissolution sanction for political parties proven to engage in criminal acts of corruption and money laundering as a manifestation of their criminal responsibility. Employing a statutory, analytical, and conceptual approach, the research draws on legal materials derived from secondary data, encompassing primary, secondary, and tertiary legal sources. The findings reveal that the Constitutional Court possesses the authority to dissolve a political party as a corporate entity. The decision rendered by the District Court Judge serves as a pivotal reference for the government, facilitated through the attorney general and/or the appointed Minister by the President, to submit a dissolution request to the Constitutional Court. The actual execution of the dissolution rests within the purview of the Constitutional Court, aligning with its designated authority. This study sheds light on the intricate legal mechanisms surrounding the corporate criminal responsibility of political parties and underscores the role of the Constitutional Court in addressing such cases. 

Page 10 of 31 | Total Record : 303

 8   9   10   11   12 

Filter by Year

2014 2026


Reset
Filter By Issues
All Issue Vol 13, No 1 (2026): January-June Vol 12, No 2 (2025): October Vol 12, No 1 (2025): April Vol 11, No 2 (2024): October Vol 11, No 1 (2024): April Vol 10, No 2 (2023): October Vol 10, No 1 (2023): April Vol 9, No 2 (2022): October Vol 9, No 1 (2022): April Vol 8, No 2 (2021): October Vol 8, No 1 (2021): April Vol 7, No 2 (2020): October Vol 7, No 1 (2020): April Vol 6, No 2 (2019): October Vol 6, No 1 (2019): April Vol 5, No 2 (2018): October Vol 5, No 1 (2018): April Vol 4, No 2 (2017): October Vol 4, No 1 (2017): April Vol 3, No 2 (2016): October Vol 3, No 1 (2016): April Vol 2, No 1 (2015): April Vol 1, No 2 (2014): October Vol 1, No 1 (2014): April More Issue