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Badrun Taman
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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
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Development of Zakat Distribution in the Disturbance Era Mu’adil Faizin; Suud Sarim Karimullah; Bhismoadi Tri Wahyu Faizal; Ihsan Helmi Lubis
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.v10i2.2997

Abstract

With the growing number of publications on digital zakat, there is a pressing need for research on zakat management to develop general concepts that can serve as policy standards for zakat management practitioners and national zakat regulators. This research aims to provide insights into managing zakat in an easy, flexible, transparent, and targeted manner. The study employs field research methods, observing real events in society, and uses empirical legal research techniques with an interdisciplinary approach, incorporating sociological and ethnographic studies. The findings indicate that proper zakat distribution requires a deep understanding of its fiqh, grounded in shari'a texts and explored through both a linguistic approach (al-qowâid al-lughawiyyah) and an objective shari'a approach (maqâshid asy-syarî'ah). Furthermore, collecting zakat funds by national amil zakat agencies and institutions in Indonesia must adapt to contemporary times and technology, providing an alternative that facilitates muzakkī's in fulfilling their obligations
The Role of Scientific Integration in Contemporary Ijtihād: Researchers' Perspectives in State Islamic Universities Maraimbang Daulay; Idris Siregar; Sayed Akhyar
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.v12i1.4887

Abstract

particularly within State Islamic Higher Education Institutions (PTKIN) in Indonesia. In this context, Ijtihād, as a pivotal instrument in the development of Islamic law, can no longer rely solely on normative-textual approaches; rather, it must be contextualised through interdisciplinary and integrative perspectives. The discourse on integrating Islamic and general sciences has become increasingly critical, especially considering the emergence of ideas such as the Islamisation of knowledge and the reconstruction of Islamic epistemology. This study examines the contextualisation of Ijtihād within the knowledge integration framework at PTKIN. Employing a multisite qualitative approach based on grounded theory, fieldwork was conducted at UIN Sumatera Utara (UINSU), UIN Syahada Padangsidimpuan, and STAIN Mandailing Natal. Data collection techniques included focus group discussions, in-depth interviews, observation, and document analysis. The findings reveal that the contextualisation of Islamic law through integrated academic models continues to face structural, epistemological, and institutional challenges. UINSU applies the Wahdat al-ʿUlūm model, UIN Syahada employs a theo-anthropo-eco-centric approach, while STAIN Mandailing Natal remains embryonic. This research asserts that integrating knowledge to contextualize Islamic law demands academic culture reform, intellectual authority strengthening, and epistemological courage to transcend the dichotomy between religious and secular sciences. Thus, Ijtihād emerges not merely as a normative discourse but as an academic praxis with significant implications for transforming knowledge and advancing Islamic civilisation locally and globally. The academic contribution of this research lies in mapping the patterns of knowledge integration implemented in PTKIN and offering a critical analysis of the challenges faced in the contextualization of ijtihad. These findings enrich the discourse on contemporary Islamic legal studies by broadening the methodological horizons of ijtihad through interdisciplinary approaches
Selaghian Traditional Sanctions upon a Perspective of Islamic Law (Study on Serawai Community in Air Nipis District, South Bengkulu Regency) Tendra Hernata; Toha Andiko
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.v8i2.2800

Abstract

This study discusses the issue of the application of selaghian customary sanctions to the Serawai people of South Bengkulu as well as examines the opinion of Islamic law on these sanctions. This study uses a qualitative method with a descriptive normative legal approach, to unravel the facts found in the f ield (field research). Based on the data collected through observation and in-depth interviews in the field, it was found that the form of selaghian that is still being practiced is selaghian sebambangan, a type of selaghian performed by a couple (male and female) with both of them secretly running away from the house with no friends, going to the house of a local traditional leader, then being told by someone else to tell the couple’s parents, to pick up the couple and marry them off. Customs impose fines that vary according to the severity of the offense committed. In terms of Islamic law, the provision of customary sanctions in the form of ta’zir punishment is legal and may be carried out as a good custom (‘urf shahih) with the aim of causing a deterrent effect for the perpetrators (zawajir).
ISLAMIC SOSIAL FINANCE: KONSEP KEADILAN SOSIAL DALAM PERSPEKTIF EKONOMI ISLAM Asnaini Asnaini
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 1, No 1 (2014): 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.v1i1.49

Abstract

Islam sangat mengutamakan keadilan dalam semua perkara. Keadilan juga harusditegakkan kepada siapa saja. Artinya Islam pasti juga mengatur keadilan dalam bidang ekonomi.Penelitian ini mengungkapkan bahwa salah satu bentuk keadilan yang sangat ditekankan olehIslam ialah keadilan dalam distribusi harta. Banyak ahli menyebutkan bahwa ini adalah bentukkeadilan sosial Islam. Hal ini dibuktikan dengan banyaknya instrumen keuangan dalam Islam yangdijadikan sebagai instrumen pemberian baik wajib maupun sukarela kepada yang tidak mampu.Seperti zakat, infak, sedekah, dan wakaf. Dalam pelaksanaannya konsep keadilan sosial Islam ialahbahwa setiap individu mendapat hak-haknya dan di waktu yang sama ia juga perlu melaksanakansegala tanggungjawabnya untuk merealisasikan keadilan dalam hidupnya
Overmacht: Analisis Yuridis Penundaan Pelaksanaan Prestasi Akibat Pandemi Covid-19 Tauratiya Tauratiya
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.v7i1.2562

Abstract

On March 14, 2020, the government of the Republic of Indonesia declared the Covid-19 pandemic a National Disaster. The entire community was urged to stay at home or work remotely. This situation has rendered the daily activities of both the community and the government, including schooling, work, trade, and others, ineffective and delayed. Furthermore, it has also impacted corporate activities at both national and global levels. Many businesses have been disrupted due to the implementation of Large-Scale Social Limitations policy, thereby preventing companies or individuals from fulfilling their previous agreements. This study investigates whether the Covid-19 pandemic can serve as a legitimate reason for individuals or companies to delay the fulfillment of their obligations, considering it as a force majeure, and its legal implications. This research adopts a qualitative-library approach with a juridical-normative perspective. The findings indicate that force majeure is akin to the concept of overmacht, signifying a situation where the debtor cannot be held accountable due to circumstances beyond their control and not resulting from negligence. The concept of overmacht is governed by Article 1244 and Article 1245 of the Civil Code. The Covid-19 pandemic falls under the category of force majeure, thus enabling debtors to invoke it as a valid reason to postpone or refrain from fulfilling their obligations as per agreements, provided they can demonstrate that their failure to comply is not attributable to them, but rather to unforeseeable and inevitable circumstances.
The Problematics of the Legal Standing of Deoxyribonucleic Acid (DNA) Test Results Concerning Civil Relationships of Illegitimate Children: A Legal Pluralism Perspective Fradhana Putra Disantara; Dicky Eko Prasetio; Geraldha Islami Putra Disantara; Briggs Samuel Mawunyo Nutakor
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.v11i2.5156

Abstract

Decision No. 46/PUU-VIII/2010 by the Constitutional Court has introduced legal challenges, particularly concerning the acceptance of DNA testing as evidence for establishing civil relationships between a child and their biological parent. This study aims to analyze the legal issues surrounding the use of DNA testing to prove civil rights of illegitimate children and the aspects of legal pluralism related to this use. The research employs a normative legal approach, utilizing case, conceptual, and legislative analyses. Findings indicate that the legal issues with DNA testing for establishing the civil rights of illegitimate children stem from the Constitutional Court's decision, which has not fully considered the legal pluralism perspective, leading to potential application challenges. Post-decision, DNA testing reflects a weak legal pluralism where the Court's ruling is not easily applicable due to conflicts with Islamic law as outlined in Article 100 of the Compilation of Islamic Law (KHI). Consequently, it is recommended that the Constitutional Court and judicial institutions consider legal pluralism aspects in their decisions to strengthen legal pluralism, ensuring that court rulings are optimally implemented in alignment with existing and practiced legal frameworks within society.
KEDUDUKAN DAN HAK ANAK LUAR NIKAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TENTANG STATUS ANAK LUAR NIKAH Nurul Hak
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.v5i2.1441

Abstract

This article describes that since the ruling of the Constitutional Court No. 46/ PUU-VIII / 2010 concerning the status of children out of wedlock, there are pros and cons in the community in responding to the decision. Because this decision is on the one hand different from the provisions in Law No. 1 of 1974 and contrary to the fatwa of the Indonesian Ulama Council No. 11 of 2010 concerning the position of adultery children and treatment of them, on the other hand in their implementation requires implementation regulations which up to now do not yet exist. In the decision of the Constitutional Court it became clear the legal position of zina children or children born without going through the door of marriage, as illegitimate children, he only had a civil relationship with his mother and his mother's family. For men who cause their birth to be subject to ta'zir punishment, by providing a living and living necessity, the punishment is solely to provide protection for the child, so that the child gets the proper life insurance. The civil relationship of the child of adultery results does not cause a nasab relationship, but requires the biological parents to provide a guarantee of life for their child. If an adultery child is a woman, if she wants to get married, then the right to become a guardian is the guardian of the judge, while her parents, in this case her biological father is obliged to hold the marriage ceremony.
The Dynamics of Adoptive Fathers as Marriage Guardians in Contemporary Studies Fatima Zahara; Sukiati Sukiati
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.v11i1.3442

Abstract

Ulema assert that adopting fathers are not categorized as mahram elligible to be marital guardians (wali). However, Balige Religious Court Decision No.13/Pdt.P/2020/PA.Blg has legalized such marriage. This study aims to analyze considerations of the judge beyond the decision. This normative legal research employed encompass statutory, case-based, comparative, and conceptual analyses. The findings of this study indicate that marriages wherein the adopting father assuming the role as the marriage guardian for the prospective bride may be considered invalid. In accordance with Islamic legal norms, the guardian of marriage typically consists of wali nasab (biological guardians) of the prospective bride. In instances where no guardian of aqrab or wali ab'ad is available, the judge guardian assumes this responsibility. However, the adopting father does not fall within the purview of marriage guardianship. Nonetheless, in certain scenarios, such as that delineated in the decision, the applicant (wife), being a muallaf (new converts), lacks a Muslim guardian, while a trusted Muslim authority in the locale, such as the mosque's imam or a respected qadi, is found to be his adopting father. In this specific instance, the adopting father fulfills the role of a religious figure within the community. Referring him as a local religious authority holder in this context is more appropriate due to his social role than as the adopting father at his family circle. Consequently, this marriage is deemed valid and the court's decision aligns with the Islamic jurisprudence
Contextualizing Islamic Law in Resolving Customary Land Conflicts: A Siyasah Syar’iyyah Approach to the Semende Tribe’s Dispute in Bukit Barisan Selatan National Park Imam Mahdi; Etry Mike; Arini Azka Mutia
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.v12i2.8619

Abstract

This study aims to find a resolution to the forest ownership conflict between the Semende Tribe and the government in the Bukit Barisan Selatan National Park area. The conflict arose from the government's claim over the Dusun Lame Banding Agung region in Kaur Regency, Bengkulu Province, which was incorporated into the Bukit Barisan Selatan National Park (TNBBS), resulting in losses for the Semende Tribe, whose ancestral lands are located in this area. With the establishment of TNBBS, the Semende Tribe was displaced from their ancestral land. The conflict resolution needs to adopt the Siyasah Syar’iyyah approach to ensure social justice based on a win-win solution for all parties. This study employs a Normative-Empirical Legal Research method that is exploratory and descriptive in nature. Based on the study’s findings, conflict resolution can be achieved through a collaborative approach grounded in the principles of Siyasah Syar’iyyah, which prioritizes utility, humanity, and justice over mere legal certainty. This is proposed through a social forestry management concept. Social forestry becomes an alternative if the release of the forest area is difficult to realize. At the very least, the Semende Tribe can continue to utilize their fields and paddies in Dusun Lame Banding Agung as before, although not under customary land rights or customary forests, but through community-based forest management schemes. The contribution of this study lies in: (1) integrating the Siyasah Syar’iyyah framework with agrarian and forestry policies to formulate a more humane conflict resolution model; (2) proposing concrete policy mechanisms such as zoning revision and social forestry as realistic legal solutions; and (3) strengthening the protection of indigenous communities through a maqāṣid al-syarī‘ah perspective in conflict resolution within conservation areas
Development Strategy of PPM al-Kautsar Micro Waqf Bank in Lima Puluh Kota Regency Nurhafiani Nurhafiani; Azhari Akmal Tarigan; Muhammad Yafiz
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.v9i2.2917

Abstract

This research aims to find out and analyze the development strategy of the PPM Al-Kautsar Micro Waqf Bank in the Lima Puluh Kota Regency. The data analysis technique used is the SWOT analysis method (Strenght, Weakness, Opportunity, Threats). Based on the results of the SWOT matrix analysis, it is known that the strategy that can be carried out in developing a Micro Waqf Bank is stratetgi SO by using all strengths to take advantage of existing opportunities. The strategy is consistency of low mentoring services (ju'alah, without collateral and interest by utilizing government restructuring programs, utilizing the role of kyai in establishing good cooperation and building trust with institutions, local governments, the community socializing the existence of Micro Waqf Bank, carrying out Halmi routines during a pandemic virtually and directly by complying with health protocols in providing education, direction, education to customers, improving the quality of services and products even though it already exists with a ball pick-up system, optimizing the empowerment of mentoring through digital so that customers can survive during the pandemic despite social restrictions but empowerment continues to run. The strategy of developing Micro Waqf Bank is to use Micro Waqf Bank digitalization in providing virtual education, promoting customer products through e-commerce and social media, utilizing the role of kiyai in socializing BWM programs to the community

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