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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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Pluralistic Fiqh Based on Perspective of Imam Al-Sya’rani in the Book of al-Mizan al-Kubra Ahmad Taufik Hidayat; Alfurqan Alfurqan
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.v7i2.2586

Abstract

This research was intended to examine al-Sya’rani main thoughts on the diversity of legal schools as outlined in his al-Mizân al-Kubrâ work along with the context and challenges historically which in many cases gave rise to ikhtilaf (differences of opinion) in Fikih, as well as an overview in the legal context as a means of social transformation. The method used in this study was library research, both primary and secondary. Primary sources consisted of the works of al-Sya’rani (especially al-Mizan al-Kubra) with more emphasis on the content analysis. In detail, the problem is formulated in some questions; (1) what is the socio-historical situation (political, socio economic, intellectual, and religious traditions) behind the formation of al-Sya’rani ideas about Fikih pluralistic?, (2) what is the construction or pattern of al-Sya’rani thought regarding pluralistic Fikih?, (3) what is the position of al-Sya’rani thought in the perspective of law as one of the means of social transformation? As a result of this discussion, al-Sya’rani seeks to provide a new orientation in legal thinking in a direction that is closer to the demands of a real and pluralistic reality of life. The idea is then outlined in four main points of view which include: (1) Justification of three episteme systems (2) The use of pragmatism principles in the application of the law, Legitimacy of legal changes in line with the development of the situation (3) His views on the necessity of ijtihâd and prohibition of taqlîd in practice Sharia law.
Challenge of Waqf to the Social and Economic Welfare of Muslim Communities: A Comparative Analysis Between Countries Mujahidin Mujahidin; Muhammad Imran; Nasrullah Bin Sapa; Fasiha Fasiha; Sitti Aisya; Trimulato Trimulato
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.v12i1.7765

Abstract

Waqf is one of the important instruments in Islam that can contribute significantly to the social and economic welfare of the Muslim community. This study aims to analyze the challenges faced in the management of waqf in various countries and how these challenges affect the welfare of the Muslim community. This study uses a comparative approach by evaluating the policies, institutional structures, and practices of waqf management in several countries, including Indonesia, Malaysia, Turkey, and Egypt. The results show that although each country has different systems and regulations, there are common challenges such as lack of public awareness, lack of transparency, and limited institutional capacity. The study also identifies best practices that can be adopted to optimize the role of waqf in improving the social and economic welfare of the Muslim community
PENENTUAN WAKTU SALAT ZUHUR DENGAN BATAS AWAL ZAWÂL AL-SYAMS Badrun Taman; Fafa Redy
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.v6i2.2471

Abstract

There are two different consepts of zawâl al-syams. First consept shows that zawâl al-syams is sun position when it’s east disk get through meridian. Second consept talk that the zawâl al-syams is sun position which it’s center point accros meridian. This different implicate that doing zuhur prayer when sun is in istiwa’ position is legitimated according to second consept, and isn’t legitimated in the view of first consept, because it doesn’t enter initial limit of zawâl al-syams yet. This description bring up two problems, there are: how is the zawâl al-syams consept according to Islamic jurisprudence of prayer time, and how is the initial limit of zawâl al-syams in the view of Islamic prayer time jurisprudence. This is qualitative-library research with descriptif-analitical-comparative method and normative-astronomic approach. The research conclusions are zawâl al-syams in Islamic jurisprudence perspective is zawâl zhahiri (observable zawâl) with zhuhur fai’ al-zawâl criteria means appearance of zawâl shadow. So that, Zawâl zhahiri is slipping of the sun from meridian signed bay appearance of shadow increase ini length moving to the east. Initial limit of zawâl is started from the first motion of sun
The Dualism of Reconciliation Law After Triple Talaq Outside the Court Nita Azita Zein; Imam Yazid; Heri Firmansyah
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.v10i1.4964

Abstract

Revocation of divorce (ruju’) generally occurs after a husband's first or second pronouncement of divorce (talaq). However, after the third pronouncement (third talaq), Islamic jurisprudence (fiqh) prohibits revocation unless specific conditions are met. This study examines the legal dualism regarding rujuk after third talaq, especially when talaq is pronounced outside the Court. Unlike the four major fiqh schools, Indonesian law requires talaq to be declared in a Religious Court session, as stated in Article 5, Paragraph (1) of the Compilation of Islamic Law. This research aims to comprehensively understand the dualism of the reconciliation law after divorce that often occurs outside the Court. Using normative legal research with a qualitative approach, the findings suggest that Muslims should pronounce talaq and ruju’ in front of a Religious Court to comply with Indonesian law and ensure legal protection and administrative recording of marriage and divorce. The study recommends that the Religious Court consider talaq pronounced outside the Court if substantiated with witness testimony.
Rethinking Maqāṣid al-Sharīʿa in Marital Relations: A Systems Approach to Female Migrant Worker Families Ummu Aemanah; Idzam Fautanu; Usep Saepullah; Ending Solehuddin; Muhammad Yogi Sandra
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.v13i1.8938

Abstract

Classical discussions of marital relations in Islamic law generally assume physical co-residence and a stable domestic structure in which rights and obligations between husband and wife are clearly defined. This assumption becomes increasingly problematic in the context of female migrant worker families, where geographical separation and economic restructuring transform conventional marital roles. This article examines the theoretical tension between normative interpretations of maqāṣid al-sharīʿa and the lived realities of Female Migrant Worker Families. Using the maqāṣid-based systems approach developed by Jasser Auda, this study employs a qualitative conceptual-normative method through descriptive-interpretative analysis of Qur’anic verses (Q. 2:228; 4:19; 4:34; 30:21), relevant hadiths, and classical as well as contemporary Islamic legal scholarship. The analysis explores how justice, authority, and marital responsibility are renegotiated under conditions of long-distance marriage and female labor migration. The findings demonstrate that classical role-based interpretations of marital obligations are insufficient to address the complex realities of female migrant worker families. A systems-oriented maqāṣid framework instead conceptualizes marital relations as dynamic, relational, and purpose-driven, prioritizing justice (ʿadl), mutual care, and human dignity over fixed hierarchical roles. This study contributes conceptually by repositioning maqāṣid al-sharīʿa from a normative doctrine into an adaptive ethical framework capable of responding to contemporary socio-economic transformations in Muslim family life
Analysis of the Mourning Period (Ihdad) in The Compilation of Islamic Law Based on Sheikh Arsyad al-Banjari’s View Zulfikri Zulfikri; Fauziah Lubis
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.v10i1.2942

Abstract

This study delves into the analysis of the mourning period, known as Ihdad, as stipulated in the Compilation of Islamic Law (KHI) through the lens of Sheikh Arsyad al-Banjari. Ihdad, a mourning period for widows, is acknowledged in the KHI as an obligation, albeit with general articles referring to detailed discussions in fiqh books. The renowned scholar and mufti, Sheikh Arsyad al-Banjari, author of an-Nikah, a comprehensive work on marriage, provides a unique perspective on Ihdad. This research explores Sheikh Arsyad al-Banjari's viewpoint on the mourning period in the KHI, revealing that his conceptualization generally aligns with the KHI. Notably, Sheikh Arsyad al-Banjari outlines prohibited actions for women during Ihdad. However, a distinct feature absent in the Compilation of Islamic Law is the three-day mourning period for women who have lost relatives, a provision emphasized by Sheikh Arsyad al-Banjari. The absence of this provision in the KHI raises questions about its applicability in the future, encouraging further exploration and consideration of Sheikh Arsyad al-Banjari's insights for broader legal implications
METODE PEMBAHARUAN USHUL FIQH ALA AL-GHAZALI Yovenska L. Man
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.v3i2.1032

Abstract

Imam al-Ghazali seperti diketahui adalah seorang teolog, filosof, sufi, dan juga fakih. Walaupun sisi intelektualnya dalam filsafat lebih tersohor ketimbang yang lainnya, namun sumbangsih yang ia berikan dalam Ilmu Fikih terutama Usul Fikih tak dapat dinafikan. Usahanya dalam memadukan Ilmu Mantik dan Usul Fikih adalah pengejawantahan sebuah gerakan pembaharuan. Tulisan ini berusaha memetakan usaha-usaha yang dilakukan oleh Imam Ghazali untuk mencapai tujuannya tersebut. Diantaranya adalah menyingkap beberapa metode yang ia terapkan dalam buku-bukunya yang berkenaan dengan mantik dan usul fikih, seperti Mi’yar al-‘Ilmi, Mahak an-Nazhr, dan karya monumentalnya dalam usul fikih, al-Mustashfa min ‘Ilmi al-Ushul. Termasuk respon beberapa kalangan terhadap idenya tersebut. Kata kunci : Mantik, Usul Fikih, Asya’irah, Imam al-Ghazali.
Post-Merger Community Perception of Bank Syari’ah Indonesia Imahda Khoiri Furqon; Fitri Kurniawati
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.v10i2.3004

Abstract

his research seeks to uncover phenomena in society regarding promotions carried out by Bank Syari'ah Indonesia (BSI) after the merger. As is well known, BRI Syari'ah, BNI Syari'ah and Syari'ah Mandiri Bank merged early last year, but the effect has not been very visible in society. For this reason, this research was conducted to analyze public perceptions regarding BSI's post-merger promotion. The data used is primary data. The data sources for this research are the general public, students, lecturers and teaching staff who have or have not become customers of BSI. Data collection is done by interviews and documentation. The results obtained were analyzed using phenomenological-descriptive analysis techniques. The findings of this study are that the perception of the people of Pekalongan towards Bank Syari'ah Indonesia after the merger process is quite good. The community fully supports this merger step, because many positive effects are felt by the community.  Meanwhile, the influence of the promotion on the interest in saving in Pekalongan society after the merger at Bank Syariah Indonesia was also quite significant, in line with the increasing public trust in BSI, but there are still those who don’t save either
Gender Justice in the Concept of Iddah: A Contextual Reading of Al-Kasani’s Thought for Working Women in Indonesia Wahyu Abdul Jafar; Alamsyah Alamsyah; Maimun Maimun; Muhammad Zaki; Siti Mahmudah
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.v12i2.7683

Abstract

The concept of iddah in Islam is a fundamental aspect of family law, serving as a transitional period for women following divorce or the death of a husband. However, modern social and economic developments have led to an increasing number of women pursuing careers, raising questions about the relevance of iddah regulations in contemporary contexts. This study aims to analyze the concept of iddah for Working Women based on the thoughts of Imam Ala’uddin Al-Kasani, examining it through the lens of gender and marital dynamics in the context of Islamic family law in Indonesia. This research employs a qualitative approach with a literature analysis of Al-Kasani’s seminal work, Bada’i as-Sana’i fi Tartib as-Syarai’. Additionally, it compares his views with contemporary scholars and the policies of Islamic family law in Indonesia. The findings reveal that Al-Kasani emphasized iddah as a mechanism to protect women’s rights, particularly concerning lineage and financial security. However, in the context of women in modern careers, the application of iddah needs to be reassessed, considering women’s economic roles and the evolving dynamics of marital relationships. This study concludes that the recontextualization of iddah should be carried out with a focus on gender justice while preserving the maqashid shariah (higher objectives of Islamic law) within family law. Therefore, a more inclusive and contextual reinterpretation of Islamic legal rulings is necessary to ensure that iddah remains relevant to the lives of modern Muslim women in Indonesia. This research contributes to the academic discourse by offering a fresh perspective on the concept of iddah within a more dynamic social framework. A gender-just recontextualization of iddah can be a reference for developing a more inclusive and adaptive Islamic family law in Indonesia
Gold Investment by Installment in the Bank Indonesian Sharia Kabanjahe Branch: Analysis of Law No. 21 of 2008 and DSN MUI Fatwa Number 77 of 2010 Wahyudi Ganda Syahputra; Sri Sudiarti; Hafsah Hafsah
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.v8i2.2816

Abstract

Bank Syariah Indonesia Gold Installment products, are in great demand by Bank Syariah Indonesia customers, including those in Kabanjahe, Karo-North Sumatra. This study examines the practice of investing in gold installments that have been regulated in Law No. 21 of 2008 and legitimized by the DSN fatwa of the Indonesian Ulema Council No. 77/DSN/MUI/VI/2020, whose legality is still being debated in Islamic law. The type of research used is field qualitative with a statutory approach and a case approach. The study results show that applying gold installment investments at BSI Kabanjahe complies with the provisions stipulated in Law No. 21 of 2008 concerning Islamic banking. Buying and selling gold in cash, either through ordinary buying and selling or buying and selling murabaha in the perspective of the DSN MUI fatwa Number 77 of 2010, is legally permissible (mubah or ja'iz). Then the solution to the obstacles in implementing gold installment investments at Bank Syariah Indonesia Kabanjahe Branch is to increase promotion and understanding to the public about gold investment products and discipline customers who are disobedient in paying by giving warning letters.

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