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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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REAKTUALISASI KONSEP IDDAH DALAM PERNIKAHAN Hendri Kusmidi
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 4, No 1 (2017): 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.v4i1.1007

Abstract

Abstract: God has ordained the waiting period, the waiting period because there is some wisdom that is priceless and is a source of life such regularity is as if in the woman’s assertion that still contained the seeds of the fetus or not, so that later nasabnya not stir. Similarly, to give them an opportunity to refer to her husband and aware of the excesses of blindly, having thought out and considered deeply. Also the waiting period, it will be seen how the mercy of God to man, because the wait was going to find out how good a person is married or unmarried, and how unfortunately divorce so that the act was lawful but hated by Allah. The waiting period for a woman who left her husband dead, then it is a time when it appeared in mourning, so that increasingly felt tribute to her husband.
The Death Penalty in Legal Literature: A Study of Indonesian Law and International Human Rights Fauzan Fauzan
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 8, No 1 (2021): 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.v8i1.2758

Abstract

The use of the death penalty in criminal law to achieve the aims of criminal law has sparked much controversy among criminal law professionals. The advantages and disadvantages of adopting death punishment to meet the aims of criminal law, such as providing a sense of security, justice, and so on. In the hierarchy of rules and regulations in Indonesia, the 1945 Constitution is the highest source of legislation. Article 28 (a) of the Indonesian constitution guarantees the right to life and provides that everyone has the right to survive and defend his or her life and existence. As a result, the right to life is a constitutional guarantee. Thus the right to life is a constitutional right. The United Nations also issued a guide entitled Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty through UN Economic and Social Council Resolution 1984/50, dated 25 May 1984. This guide clarifies discussions on the practice of the death penalty under the International Covenant on Civil and Political Rights.
Economic Exploitation of Children in The Urban Context: a Case Study of Palembang City Hana Pertiwi; Atika Atika; Muhammad Abdillah
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.v10i2.3017

Abstract

This article aims to examine children as victims often exploited in the social reality of society. The study is conducted to observe how children are utilized as instruments to meet economic needs, primarily by their parents. Additionally, this investigation seeks to examine, analyze the causative factors, and explore the implications resulting from economic exploitation of children. The approach in this paper is descriptive-qualitative, utilizing a library research method with readings and searches on the Google search engine related to "economic exploitation of children." The article reveals that children are positioned as tools to acquire resources for their parents. It also illustrates that socio-economic conditions often serve as a rationale for parents to exploit children economically, and this exploitation has persisted continuously amidst the growing demands for child protection. The study further demonstrates systematic and structured economic exploitation of children in Palembang City, frequently conducted openly. Such practices place children as vulnerable subjects within the legal framework, often neglecting the rights of children, as commonly observed in the social reality of the community. 
Reconsidering the Concept of Mastautin in Malaysia: A Siyāsah syar’iyyah-Based Framework for Islamic Family Law Standardisation Humairaa' Abdul Rahim; Anwar Fakhri Omar
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.v12i2.8749

Abstract

This article examines the concept of mastautin (residence) as the jurisdictional foundation of Malaysia's Syariah courts, highlighting how decentralization yields varied legal, administrative, and doctrinal interpretations across states. Using a scoping study methodology, the research maps statutory definitions, fatwas, and administrative directives in all 13 Malaysian states and 3 Federal Territories, identifying inconsistencies and gaps in implementation. Findings reveal significant variation on residency thresholds (ranging from five days to four months), despite procedural uniformity under administrative directives (Arahan Amalan) No. 8/2019, which standardises documentary requirements such as utility bills and Imam confirmation letters. While shorter thresholds may enhance accessibility, longer ones ensure certainty, creating risk of forum shopping, unequal access, and a loss of public trust. To address these issues, the article utilises the framework of siyāsah syar’iyyah, which permits rulers to legislate public benefit (maslahah) while adhering to maqasid al-shari'ah. It states that harmonisation must progress from procedural directions towards model national norms, coordinated fatwa reviews, judicial training, and monitoring mechanisms. This study analyses Malaysia's experience within wider discussions on federalism, legal pluralism, and maqasid-based reform. This study demonstrates that siyāsah syar’iyyah provides a viable pathway to harmonize state autonomy with national unity, thereby maintaining consistency, fairness, and social responsiveness. This study contributes to the academic discourse by reinterpreting the concept of mastautin within Malaysia’s Islamic Family Law through a Siyāsah syar’iyyah-based framework. It offers a new perspective on how classical jurisprudential principles can be integrated with contemporary legal governance to achieve consistency and justice in family law administration. By proposing a model that aligns legal standardisation with the objectives of maqāṣid al-sharī‘ah, this research strengthens the theoretical foundation for harmonising diverse fiqh interpretations under modern state policy
Syar’u Man Qablanâ and It’s Implementation in Sharia Economic Law (Mu’amalah Mâliyyah) Panji Adam Agus Putra
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 9, No 1 (2022): 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.v9i1.2861

Abstract

The terms of the earlier people's sharia or called syar’u man qablanâ are one of the legal arguments in Islam that have been debated by scholars related to their validity. Therefore, it is necessary to conduct related research on the concept of syar’u man qablanâ and its implementation in the field of mu’âmalah mâliyyah. This research uses a normative juridical approach. The sources of this study are primary and secondary sources. This research is descriptive and classified as qualitative research. The results showed that the implementation of the sharia of the previous people in the field of mu’âmalah mâliyyah was the Ju’âlah contract, the Ijârah contract, the Dhamân Mâ Tafsadahu al-Dawwâb al-Mursalah, the kafâlah bi al-wajh (bi al-nafs) contract and the qismah muhaya’ah contract.
METODE IJTIHAD IBRAHIM HOSEN Suansar Khatib
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 2, No 1 (2015): 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.v2i1.63

Abstract

Ijtihad Method of Ibrahim Hosen, Ijtihad as the innovation of Islamic law brought theJurist in to the zenith during age of Abbasid Caliph. But the results of ijtihad often led to the pros andcons among Islamic scholars. Such as Ibrahim Hosen, his thought always contradicted to the otherislamic scholars, which caused many Islamic scholars presumed that Ibharim Hosen thought isnounsen, the Islamic scholars presumed that his thought is not through the research from the books ofmu’tabar and nor processing them correctly. Therefore, he is entitled as fake scholar, opportunistic andmatrealistic, by the other Islamic Scholars. However, Ibrahim Hosen is not the like, it is important toreview the thought of Ibrahim and his contribution in Islamic Law
Iddah of Women Who Had Abortus in The Book of Mughni al-Muhtaj and Mukhtashar Khalil in Perspective of Maqashid Shari’ah Wika Wulandari
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 8, No 1 (2021): 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.v8i1.2695

Abstract

Iddah is a period of waiting for a woman not to carry out a marriage after the death or divorce of her husband until the time limit determined by syara‘. As for the iddah period for a woman who is pregnant until she gives birth. However, the problem that arises in this life is what if the woman has an abortion. In this matter, there is a difference of opinion in the books of Mughni al-Muhtaj and Mukhtashar Khalil about the end of the iddah period of a woman who has an abortion. This research aims to find out how the opinions of the two books about iddah women who experience abortion and what causes differences of opinion, and which opinion is chosen. This research is a type of library research, which is descriptive with qualitative analysis, and the primary data source used is the book of Mughni al-Muhtaj and Mukhtashar Khalil. This study indicates that the difference in opinion is due to differences in the book’s writers in interpreting the word al-haml and the rules of ushul fiqih used. Moreover, from the two opinions, Muhammad Khatib asy-Syarbaini in the book Mughni al-Muhtaj which was chosen because it followed the wisdom of determining iddah.
Analysis of Sharia Hotel Standardization According to the Indonesian Council of Ulama (MUI) Fatwa at Arabia Style Hotel Azura Rizti Saladin; Zuhrinal M Nawawi; Purnama Ramadani Silalahi
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.v11i2.4890

Abstract

This study aims to analyze the standardization of sharia hotels based on the Indonesian Ulema Council (MUI) Fatwa No. 108/DSN-MUI/X/2016 using the Balanced Scorecard approach, focusing on Hotel Arabia Style in Medan. The Balanced Scorecard was employed to evaluate the hotel’s performance from four perspectives: internal business processes, learning and growth, customer, and financial. Data were collected through questionnaires distributed to 13 employees and 20 guests of the hotel. The findings reveal that: (1) From the internal business process perspective, the hotel has implemented several sharia principles but lacks sufficient sharia supervision and still utilizes conventional banking services; (2) The learning and growth perspective shows that while the hotel has policies ensuring staff adhere to Islamic dress codes, it has yet to establish a Sharia Supervisory Board within its organizational structure, with employee satisfaction reaching 89.6%; (3) The customer perspective indicates a high customer satisfaction rate of 90%, demonstrating that the hotel successfully meets customer expectations, particularly in providing services in line with Islamic values; and (4) The financial perspective shows positive results across various measured aspects. This study recommends enhancing sharia supervision and restructuring the financial operations to better align with sharia principles
Religiosity, Moral Licensing, and Overconfidence in Sharia-Compliant Investment Decisions: Experimental Evidence from Indonesia's Islamic Capital Market Atika Lusi Tania; Einde Evana; Trijoko Prasetyo
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.v13i1.10519

Abstract

: Sharia-compliant investment represents a growing domain of Islamic economic practice (muamalah), yet the behavioral dimensions governing Muslim investors' decision-making remain underexplored within Islamic law scholarship. This study examines whether overconfidence and religiosity — mediated by Self-Control Theory and Moral Licensing Theory — significantly influence investment decisions in sharia stock portfolio allocation. Employing a pure experimental design with a 2×2 factorial structure, overconfidence was manipulated through positive and negative feedback scenarios administered via a web-based platform, while religiosity was measured across five Islamic dimensions (ideology, ritual, intellectual, consequences, and experience) using an adapted Likert instrument. Investment decision quality was operationalized using the Sharpe Ratio as a portfolio performance proxy. Data from 80 participants were analyzed using ANOVA and ANCOVA, with normality, homogeneity, and linearity assumptions verified prior to testing. The results demonstrate three principal findings: first, investors with low overconfidence produced significantly superior Sharpe Ratio performance than those with high overconfidence; second, investors with low religiosity outperformed those with high religiosity in portfolio decision quality; and third, a significant interaction effect between overconfidence and religiosity was confirmed, indicating that their combined influence is non-additive. Notably, demographic covariates — including gender, age, and investment experience — exerted no significant effect on investment decisions, affirming that observed differences are attributable solely to experimental treatments. The theoretical contribution of this study lies in its novel application of Moral Licensing Theory to Islamic investment contexts, demonstrating that high religiosity may paradoxically impair financial decision-making by generating a psychological "license" to engage in suboptimal risk behavior — a finding with significant implications for Islamic financial literacy policy, sharia investor education, and the regulatory framework of Indonesia's Islamic capital market. This study advances behavioral Islamic finance by integrating jurisprudential values with empirical psychological evidence, offering a contextualized model for understanding Muslim investor rationality within the framework of contemporary fiqh muamalah.
URGENSI USUL FIKIH DALAM PERKEMBANGAN LEMBAGA KEUANGAN SYARIAH (STUDI PELAKSANAAN PENETAPAN BESARAN INFAK ATAS PEMBIAYAAN DI BMT NURUL HUSNA BATANGHARI LAMPUNG TIMUR) Reonika Puspita Sari
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 5, No 1 (2018): 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.v5i1.1432

Abstract

Academics and practitioners of Islamic financial institutions, are not enough just to know the fiqh of muamalah and its application, but more important is to understand the fiqh proposal of each product in financing in Islamic financial institutions, for example in submitting financing capital for a business. For Islamic Financial Institutions, with the provision of this financing capital, they can play capital funds into the real sector and can help those who need business capital. Baitul Maal Wat Tamwil for example, in its operation the institute is projected to manage funds developed for micro-enterprises and manage virtue funds or social funds (Zakat, Infaq and Sedekah). This paper aims to explain the urgency of the fiqh proposal in the development of sharia financial institutions in determining the amount of infaq for financing at BMT Nurul Husna Batanghari in East Lampung, and outlines the solution to improving financial institutions (BMT Nurul Husna Batanghari) to be truly in accordance with Islamic law. . This study uses descriptive qualitative research methods, with data collection techniques using interviews, observation and documentation. As a result, in the development of Islamic financial institutions in determining the amount of infaq for financing at BMT Nurul Husna Batanghari, East Lampung, until now it has not been in accordance with Islamic law. The BMT stipulates the infaq amount of 10% of the amount of financing to customers. This is contrary to the provision of issuing infaq in Islamic law which is not determined and is voluntary. The implementation of the infaq to win mutual agreement between the customer and the BMT and not violate the provisions of Islamic law, can be done by the BMT when making contracts to customers in financing transactions, preferably voluntary, does not specify the amount of infaq that must be issued by the customer, and BMT must provide explanation of the distribution of infaq funds to customers when financing contract transactions

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