cover
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
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
HUBUNGAN KEWENANGAN ANTARA DPD DAN DPR MENURUT UUD NRI TAHUN 1945 Ade Kosasih
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.v3i2.1023

Abstract

Through the amandement of UUD 1945, it was estabilished a Regional Refresentataives Council or Senate (DPD) beside the Legislative Council or House of Refresentative (DPR). However, the establishing of DPD less to lead the significant changes, it is caused by the limitation of its authority. The limitation of DPD authority has been regulated be fore in UUD 1945. The limitation of DPD authority in legislative side, DPD is not involved to approve the constitution design (RUU) which is inline with the regional authority eventhough the constitution design proposed by DPD, in funding side DPD only has right to consider, mean while on controlling side, all of it controls must be reforted to DPR to be followed up. The asimetric relationship does not reflect the check and balances system in parliament. It is contradicted with the principle of democracy that recuires the functioning of parliament as the refresentatives institution. If it is happen, can caese arrogant, dominant, and the authority monopoliezed by majority groups in DPR. The regulation of DPD authority in the future can be done through the amandemen of UUD 1945. DPD should be gevin the veto right in legislation, and interppelation right, questionnaire and the state the opinion in controlling side. With these right, it is hoped that DPD can become the counterpart for DPR dan President in the paradigm of check and balances, so DPD can its function as regional refresentative productively for strengthening the principle of regional autonomy.
Strategies for Enhancing Zakat Fund Management in Minority Areas: a Case Study in Humbang Hasundutan Regency Jhon Anwar Tumanggor; Yayat Sujatna
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 10, No 2 (2023): 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.v10i2.3003

Abstract

This study focuses on analyzing two key aspects: zakat collection strategies and the effectiveness of zakat management in Islamic minority regions, particularly in Humbang Hasundutan Regency. Employing a descriptive method with a quantitative approach, the analysis of zakat collection strategies utilizes the SWOT technique, while the effectiveness of zakat management is assessed through the ZCP 10-point instrument, specifically targeting Disbursement Management. The findings indicate that the Zakat Collection Unit (UPZ) of BAZNAS in Humbang Hasundutan falls within the "growth and build" category, with weighted scores of IFAS and EFAS being 2.44 and 3.13, respectively. This suggests an adoption of an aggressive growth-oriented strategy. Recommended strategies to enhance zakat collection include market penetration, innovation in culturally-based zakat programs like Batak Danilhan Natolu, universal philanthropy programs, utilization of information technology, and institutional strengthening. The effectiveness of zakat management by UPZ Baznas Humbang Hasundutan increased quantitatively from 73.83% in 2019 (effective) to 97.39%-104.79% in 2020-2022 (highly effective). Qualitatively, zakat management is deemed highly effective in the ZCP Point 10 category
Reforming Islamic Family Law: The Relevance of Ibn Qayyim al-Jawziyyah's Concept of Legal Change Ayu Sari Ningsih; Nawa Angkasa; Nency Dela Oktora; Sakirman Sakirman; Nyimas Lidya Putri Pertiwi; Ananto Triwibowo
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): 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.v12i1.7087

Abstract

Ibn Qayyim al-Jawziyyah's concept of legal change—asserting that Islamic law can evolve in response to variations in place, time, conditions, motives, and customs—offers a foundational framework for contemporary Islamic legal thought. This principle provides significant theoretical support for the ongoing renewal of Islamic family law. This study aims to critically examine the implementation of Ibn Qayyim's legal change theory in the reform of Islamic family law to meet the demands of modern social contexts. Using a library research method and a doctrinal-deductive approach, this study analyzes classical and contemporary texts to extract relevant insights. Data collection was conducted through document analysis, and triangulation of sources was employed for validation. The findings reveal that Ibn Qayyim's theory is not only relevant but essential to the dynamic nature of Islamic family law, particularly in responding to social transformations and preventing legal stagnation. His approach enables the contextualization of legal rulings, thereby aligning them with contemporary realities without detaching from Islamic legal principles. The study contributes to the discourse on Islamic legal reform by offering a normative-empirical argument for adapting Islamic family law to changing societal needs. It underscores the legitimacy of legal flexibility within Islamic jurisprudence and advocates for a responsive, contextualized approach to lawmaking. By grounding reform in social reality, this study affirms that differences and changes in Islamic family law are not only inevitable but also necessary for its continued relevance and justice in the modern world.
Limitations of Women's Genitals According to M. Syahrur (Ijtihad Method Analysis Study) Iqbal Dwi Syariansyah; Faisar Ananda; Jamil Jamil
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 8, No 2 (2021): 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.v8i2.2815

Abstract

The formulation of the research problem is What are the limits of female genitalia according to M. Syahrur and How does M. Syahrur use the ijtihad method in determining the boundaries of female genitalia. This research is library research, using a reference source by M. Syahrur entitled al-Kitab wa al-Qur'analQur'an Mu'ashirahMu'ashirah as the primary reference, as well as other books which include the issue of the boundaries of women'swomen's private parts. The results of the study show that the application of M. Syahrur'sSyahrur's limit theory (nazhariatul hudud) in the problem of the boundaries of women'swomen's private parts states that women cannot be naked because they exceed or exceed the minimum limit (al-hadd al-adnaa). The elements that must be covered and constitute genitalia for women are under the minimum limit (al-hadd al-adnaa), namely the lower part (al-juyub as-sufliyah), (al-juyub as-sufliyah) consisting of the genitals, buttocks, armpits, and breasts. The limitations of women'swomen's private parts in social activation in society include the minimum limits (al-hadd al-adnaa) and parts of women'swomen's bodies that must be covered per public perceptions. Women may not exceed the maximum limit (al-hadd al-a'la). Therefore, they cannot hide their face and hands, such as veiling (niqab). The ijtihad method used by M. Syahrur in determining the boundaries of women'swomen's private parts, with his theory Nazhariatul Hudud explains that there is a minimum limit (al-hadd al-adnaa) and a maximum limit (al-hadd al-a'laaal-a'laa). The minimum limit is the lowest provision of the rules prescribed by Allah SWT, while the maximum limit is the highest limit of a rule. Therefore, it is not permissible to do something less than the minimum limit and also not to do anything more than the maximum limit
SYARI’AH DAN POLITIK HUKUM KELUARGA DI NEGARA PAKISTAN Rohmadi Rohmadi
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 1, No 2 (2014): 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.v1i2.53

Abstract

Hukum Keluarga di Pakistan Hingga 14 Agustus 1947 berbagi dengan India. Pada SaatPembentukan Nagara ini Ia mewarisi Negara Induknya yaitu India. Sejarah terbentuknya Undang-Undang kum Keluarga di Pakistan mulai dari Penghapusan ketidakcakapan Hukum Kasta.1850,Perceraian.1869, Perkawinan Kristen.1872, Orang Dewasa.1875, Perwalian Orang yang di BawahPerwalian.1890, Validasi Wakaf.1913-1930. Syari’ah dan Politik Hukum Keluarga yang dilakukanPakistan merupakan upaya menjawab tantangan Modernitas dalam bidang Hukum karenaPemahaman Konvensonal yang Mapan tantang baebagai ayat alqur’an, Hadis dan Kitab-kitab Fiqihtidak mampu menjawab tantangan dan problema hokum keluarga yang muncul pada eramodern.Untuk metode Ijtihad yang di pergunakan oleh Pakistan khususnya, dalam memperbaharuiHukum Keluarga adalah mengkombinasikan berbagai metode Ijtihad yang dipergunakan oleh Ulama’Ushul Fiqih yaitu maslahat dengan mempertimbangkan tuntutan Syari’ah Hukum Keluarga yangModern.
Contextualizing Islamic Law Through Istihsan: An Analysis of Customary Inheritance Practices in Air Nipis Sub-District, South Bengkulu Iim Fahimah; Mualimin Mochammad Sahid; Toha Anis Malik; Zurifah Nurdin
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.v11i2.5155

Abstract

This study analyzes the practice of customary inheritance in Air Nipis District, South Bengkulu, using the istihsan approach in Islamic law. The research uses a qualitative method with a descriptive-analytical approach, collecting data through in-depth interviews and direct observation of customary leaders, inheritance law experts, and community members involved in inheritance distribution. The results show that the traditional inheritance system in Air Nipis prioritizes family welfare by considering the roles and responsibilities of heirs, particularly those who care for the deceased, although this sometimes leads to uneven distribution. The contextualization of Islamic law in this practice can be understood through the concept of istihsan, which provides flexibility in applying inheritance rules to align with the social conditions and needs of the family. Istihsan allows deviations from rigid inheritance provisions when there are strong reasons that support justice and benefit within the family. This study offers insights into how istihsan can be an inclusive and responsive approach to customary inheritance practices while maintaining a balance between legal norms and social needs.
TRADISI DUTU PADA PERKAWINAN ADAT SUKU HULONDHALO DI KOTA GORONTALO PERSPEKTIF MAQĀSHID AL-SYARĪ’AH Nurul Mahmudah; Supiah Supiah
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 5, No 2 (2018): 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.v5i2.1445

Abstract

In Gorontalo city there is a tradition of dutu in his traditional marriage. This tradition certainly has philosophical reasons behind it, and one method of knowing the philosophy behind a rule is to use maqaid al-shari'ah al-Syaṭibi. The focus of this research is (1) How is the implementation of fiqh principles in the Hulondhalo tribe in the implementation of the tradition of dutu in customary marriage in the city of Gorontalo (2) How is the review of maqashid al-shari'ah on the tradition of traditional marriage dutu in the Hulondalo tribe in Gorontalo at a very expensive cost. This type of research is qualitative research, and the form of field research. The results of this study concluded that: (1) the implementation of the fiqh method was evidenced by the implementation of the tradition of the dutu whose procedure was to deliver 1 package of dowry and custom attributes delivered to the bride's house. For the tradition of dutu in the context of modernity, family position is a measure of the value of dowry for the bride and the social achievement of the woman. The higher the social value, the higher the value of the dowry. This is in accordance with the arguments of the hadith of the Prophet. (2) The review of maqashid al-shari'ah in this tradition includes the category of maqaṣid hajiyyat which safeguards maqaṣid dharuriyyatnya. Marriage as a form of hifz al-nasl which is commanded by Allah. The price of the dowry is in the position of ma'aid taḥsīniyyat to glorify a woman as a manifestation of maintaining religion, soul, mind, lineage, and wealth.
Moderation of Hajj and Umrah Rites in the Armuzna Process for Ensuring the Security and Safety of Pilgrims Ramadan Subhi; Asnaini Asnaini; Yosi Arisandy
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.v11i1.3446

Abstract

One form of religious moderation is Hajj manasik moderation. In the context of Hajj, not excessive attitude is very important because one aspect of Hajj and Umrah is physical worship which requires people who perform it to be in good health. In fact, the physical condition of Hajj pilgrims is very different due to age and health factors. This objective will be explained through 3 (three) questions, namely: 1) how is the implementation of the pillars of Hajj in Armusna from the view of moderation of Hajj and Umrah manasik? 2) What is the purpose of moderation of Hajj manasik in the Armuzna process? 3) What do scholars think about the moderation of Hajj and Umrah? This research is library research  with qualitative research type. The results of the study that moderation in the context of manasik is a solution to help pilgrims who are udzur or have obstacles to be able to carry out worship easily and legally as the opinion of the fuqaha in four madzhabs, namely the Hanafi, Maliki, Shafi'i and Hanbali madzhabs. Manasik moderation especially in the Armuzna process is very important because the three places (Arafat, Muzdalifah and Mina) are the peak of Hajj which requires strong physical and mental energy, with moderation the pilgrims can choose based on several schools for the security and safety of pilgrims
A Justice and Maslahah-Based Reconstruction of Notary Removal Regulations Anis Mashdurohatun; Rizky Amalia Solichin; Rita Purwanti; Dedi Sutomo; Wildan Syukri
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): 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.v12i2.9406

Abstract

This study critically examines the weaknesses of Indonesia’s current notary removal regulations, highlighting how they fall short in realizing justice and fulfilling the broader public interest (maslahah). A close analysis of Article 13 of Law No. 2 of 2014 on the Position of Notary shows that the regulation lacks clarity and fairness, especially because the “threat of punishment” is ambiguously treated as equivalent to a final court decision. This ambiguity weakens legal certainty and places notaries in a vulnerable position when facing disciplinary actions. Employing a socio-legal approach supported by both primary and secondary data, and framed by theories of justice, legal systems, and progressive law, the study identifies substantial gaps in legal substance, structure, and culture that hinder the regulation’s ability to protect rights and ensure professional accountability. To address these shortcomings, the study proposes a reconstruction of the regulatory framework grounded in justice and maslahah, emphasizing transparency, proportionality, ethical responsibility, and the protection of societal welfare. Academically, this research offers a new integrative perspective that brings together concepts of justice and maslahah to reform administrative regulations. It also provides a conceptual critique of the inconsistencies within the notary removal mechanism while presenting a more ethically oriented model for aligning professional accountability with Indonesia’s legal ideals and Islamic legal values. This reconstruction aims to create a fairer, more coherent regulatory system that better serves both notaries and the public
Juridical Study of the Development of Islamic Banking Law and Its Implications For Islamic Bank Products Ade Sofyan Mulazid
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 9, No 2 (2022): 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.v9i2.2921

Abstract

This study aims to analyze the development of Islamic banking law and its implications for the development of Islamic banking products. The researcher examined the significance of changes in laws related to Islamic banking for regulatory development and their implications for the development of Islamic banking institutions and products using a juridical-normative approach. This research includes literature research with a normative approach. The data collection technique used in the study is documentation techniques. Meanwhile, the data analasis technique used is induction technique with a qualitative approach. The results of the study show that changes in the law on Islamic banking have had a significant effect on the development of Islamic banking regulations in Indonesia. The implementation of Law Number 21 of 2008 concerning Sharia Banking is expected to answer some of the problems and doubts regarding the direction of development of Islamic banking in the future, including the direction of legal developments governing Islamic banking activities. With the enactment of Islamic banking regulations spread across sharia banking laws and regulations, the compilation of sharia economic law and fatwa dsn-mui as the legal basis for Islamic banking activities in Indonesia, it is expected to have implications for increasing the market share of Islamic banking and service networks and being able to encourage the development of Islamic banking products. The implications of this research are expected to develop knowledge in the field of legal politics and laws and regulations in the fields of economics and business. In addition, it is hoped that it can be useful for the fulfillment of human life celebrations related to aspects of structuring collective life, including developing an appreciation of legal and unlawful politics

Page 11 of 31 | Total Record : 303