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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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MBA (Married by Accident) DALAM TINJAUAN USHUL FIQH Nenan Julir
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.v1i1.45

Abstract

Perilaku seks bebas, sudah menjadi gaya hidup orang zaman sekarang, bahkan ada yangberpandangan “zina” sudah diangap zamannya. Akibat perilaku tersebut banyak remaja yang hamildiluar nikah. Dalam kajian fiqh, permasalahan “menikahi wanita yang hamil akibat berzina”memang masuk dalam perkara yang diperselisihkan, ada yang mengatakan boleh secara muthlak,ada yang mengatakan boleh bersyarat, dan ada pula yang mengtakan haram. Setiap pendapatmengemukakan alasan-alasan yang menguatkan pendapatnya masing-masing. Terlepas dariperdebatan di atas, pada kesempatan ini penulis ingin mengkaji persoalan tersebut melaluipendekatan ushul fiqh. Diharapkan dari kajian ini didapatkan pemahaman yang mendasar tentangpersoalan ini. Berdasarkan pada suarat al-Thalak ayat 4, beberapa hadis terkait persoalan ini, danbeberapa kaidah yang dapat dipedomani dalam menyikapi persoalan ini, dapat disimpulkan bahwamenikahi wanita yang hamil akibat zina adalah tidak boleh dan bila tetap dinikahkan, maka hukumpernikahannya tidak sah.
The Age of Marriage on Interdisiplinary Islamic Law Perspectives Iwan Romadhan Sitorus; Yusmita Yusmita
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.v7i1.2558

Abstract

The Act No. 16 of 2019 is an amendment to The Act No. 1 of 1974. The article 7 provides the age limit for each person who will marry at the age of 19 years for both men and women. The age limit given by the law does not look comprehensively in biological, sociological readiness, and so forth. The modified law should be able to produce the benefit of the husband and wife in fostering the household. This is because determining the age of marriage aims to maintain lineage, quality of offspring, patterns of family relationships, diversity in the family, and to prepare for maturity in the economy by taking into account various aspects such as psychological, sociological, and biological aspects. In this regard, the authors offer to reconstruct the provisions to 19 years for women and 21 years for men. This is based on consideration of the biological, psychological, and socio-cultural aspects of Indonesian society. By the age of 21, men are considered to reach maturity in their attitude, able to act, and responsible for their actions. Whereas a 19-year-old woman is considered to be an adult and able to run a household life.
Tax Amnesty Extension in Indonesia: An Analysis through the Lens of Maslahah Mursalah and Government Responsiveness M. Dani Habibi; Mahfud Mahfud; Muhammad Sirojudin Sidiq; Anggita Vela; Moh. Taqiyuddin Saleh
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.v11i1.3438

Abstract

Tax amnesty has been a significant fiscal policy tool adopted by many countries worldwide, including Indonesia. Initially introduced in 2016, the Indonesian government extended the tax amnesty program in subsequent years to enhance tax compliance and revenue collection. This paper aims to analyse the extension of tax amnesty in Indonesia through the lens of Maslahah Mursalah (public interest) and government responsiveness. Using a qualitative approach, this study examines the rationale behind the extension of tax amnesty and its implications for tax compliance and revenue generation. Additionally, it explores the concept of Maslahah Mursalah in Islamic jurisprudence and its applicability to fiscal policies such as tax amnesty. The analysis reveals that the extension of tax amnesty in Indonesia was driven by various factors, including the need to boost tax revenues, encourage voluntary disclosure of assets, and stimulate economic growth. Furthermore, the study evaluates the responsiveness of the Indonesian government to public interests and economic conditions in extending the tax amnesty program. By integrating perspectives from Islamic jurisprudence and public policy analysis, this study provides insights into the ethical and practical considerations underlying the implementation of tax amnesty. It underscores the importance of balancing public interest, fiscal objectives, and government responsiveness in designing and evaluating tax policies
The Crime of Trafficking in Persons in Indonesia: Applying Islamic Criminal Law to Develop a Victim Rehabilitation Framework amilang amilang; Amir Ilyas; Hamzah Halim; Saharuddin Saharuddin; Bazarova Dildora Baxadirovna
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.v12i2.8443

Abstract

Rehabilitation for victims of human trafficking must include physical, psychological, and social recovery, as well as the reintegration of victims into their families and communities. This research aims to analyze the rehabilitation of victims of human trafficking as a form of the application of Islamic criminal law. This research uses a qualitative approach with a juridical-empirical method. The research results emphasize that the urgency of rehabilitation for victims of human trafficking is very important considering the complex and multidimensional nature of the impact of this crime, which includes physical, psychological, and social aspects. Victims often experience prolonged trauma, health issues, and loss of rights and dignity due to exploitation. Comprehensive rehabilitation services not only help victims to function socially in a proper manner and restore their rights, but also prevent retraumatization during the recovery and law enforcement processes. The reform of Islamic criminal law in regulating the rehabilitation of victims of human trafficking crimes has become very important to address contemporary social and legal challenges. Based on the principles of maqashid sharia such as the preservation of life, intellect, and social welfare, this reform offers a humanistic and contextual approach, making Islamic criminal law not only a tool of punishment but also an instrument of rehabilitation and restorative justice
Considerations of Judges of the Binjai Religious Court in Determining the Status of the Missing Defendant in Divorce Cases in the Perspective of Progressive Legal Theory Raja Alamsyah Hasibuan; Ansari Ansari; Jamil Jamil
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.v9i1.2892

Abstract

This study examines the considerations of religious court judges in determining the time limit for assessing the status of the occult defendant in a divorce case. The research problem lies in the differences between the decisions of the judges and the Compilation of Islamic Law and the opinions of the fiqh scholars. This study analyzes the judge's findings and considerations in the divorce case, contesting Decision Number 331/Pdt.G/2022/PA Bji and Decision Number 346/Pdt.G/2022/PA. Bji and a progressive legal review of the judge's considerations. This type of research is qualitative with a normative approach. The results of the study found that the judge's decision in determining the status of the defendant unseen in the divorce case sued Decision Number 331/Pdt.G/2022/PA Bji was with a span of 10 (ten) months, and 5 (five) years in Decision Number 346/Pdt. G/2022/PA. Bji. These two decisions are based on the consideration of a statement from the village head that the whereabouts of the defendant are unknown (unseen). The judge's review in determining the defendant's status unseen in the divorce case is based on civil law in general. If the defendant has been summoned repeatedly but does not comply with the summons, the judge can decide with a verstek decision. This judge's consideration is a progressive legal finding because the judge finds aspects of the benefit of women in particular and the family (household) in general
MERETAS KEBEKUAN IJTIHAD DALAM KONSTRUKSI FIQIH SOSIAL Sakirman Sakirman
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.v2i1.69

Abstract

To rip up the static Ijtihad in the construction of social jurisprudence. Recently there aremany growing issues to be solved in many sectors such economic, social and culture, within thecontemporary Islamic law. Therefore it is important as mujtahid to be eye catching to see the currentissues and to review the decission law in according to the need of the people. Ijtihad is one of methodsto analyze the islamic law logically and rationally according to the social movement, trying to analyzeand examine the law that should be developed in the society. And it is important to examine thatijtihad is allowed by the scholars. Ijtihad is a dynamic activity which is developing with thedevelopment of the human thought and activities. Though Ijtihad is done for the sake of peoplewelfare but the Mujtahid should consider of deciding the law though two methods, Ijtihad Intiqa’ orInsya’i Ijtihad. When solving the issues one should aware of the ijtihad jam’i and maqasid syar’iyyah.And thus the ijtihad will be able to solve the problem in society.
Relevance of the Fatwa of the Indonesian Ulema Council to the Renewal of Islamic Family Law in Indonesia (Study of MUI Fatwa Number: 4/Munas VII/MUI/8/2005 on Marriage of Different Religions) Puad Muzakkar Siregar
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.v8i1.2701

Abstract

Fatwa is a practical law similar to fiqh (al-ahkâm al-’amaliyah). Therefore, the fatwa must be context-bound; context of time (tempus), place (locus), context of natural conditions, social context, demographic context, and other contexts. In the Indonesian context, the Indonesian Ulema Council (MUI) is the official state-recognized institution to issue fatwas as guidelines for Indonesian Muslims. This paper answers two questions: how is the MUI fatwa related to the legal status of interfaith marriages? Furthermore, is the MUI fatwa on interfaith marriage relevant to the reform of Islamic family law in Indonesia? As a result, although many scholars allow interfaith marriages because Muslim men and women are experts of the book, the MUI fatwa forbids interfaith marriages based on sadd al-dzari’ah to prevent negative impacts. This is a family law product with a renewal side, because it is responsive to social dynamics and changing times, by prioritizing the benefit based on maqasid shari’ah
Polygamy in Indonesia: A Critical Interpretation through the Lens of Mubadalah Theory Rohmadi Rohmadi
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.v11i2.5068

Abstract

Indonesia’s marriage legislation primarily endorses monogamy, limiting men to one wife in line with the mubadalah principle, which emphasizes justice. Despite this, polygamy remains common and is a significant factor in divorce cases within religious courts. This study investigates polygamy through the mubadalah perspective to achieve gender justice, utilizing qualitative research methods and a literature review to analyze traditional gender roles in Indonesia. The findings reveal a deep societal divide on polygamy. Supporters often cite religious justifications and historical practices, especially in rural and certain ethnic communities. In contrast, critics raise concerns about systemic injustices against women, including emotional and psychological harm, power imbalances, and reduced autonomy. They argue that polygamy undermines the principles of equality and mutual respect that should characterize marriage. The legal framework governing polygamy, established by the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law, allows polygamy under strict conditions but fails to adequately address gender equality issues. Integrating mubadalah principles into this legal framework could lead to reforms prioritizing women’s rights and fostering equitable family dynamics. Ultimately, this study highlights the need for a nuanced dialogue on polygamy that respects cultural traditions while advocating for gender equality and justice. The principles of mubadalah offer a pathway to healthier family relationships and a more equitable legal framework
Integration of Islamic Law in Constitutional Judicial Review: Comparative Perspectives from Indonesia and Turkey Mustakim Mustakim; Mas Subagyo Eko Prasetyo; Dayanto Dayanto; Kartika Sekar Jingga
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.v13i1.10114

Abstract

: This article examines the integration of Islamic law within constitutional judicial review through a comparative analysis of the Constitutional Court of Indonesia and the Constitutional Court of Türkiye. The study addresses a significant gap in comparative constitutional scholarship concerning how Islamic legal values are incorporated into constitutional interpretation and judicial reasoning across contrasting constitutional models in Muslim-majority democracies. Employing normative legal research, the study combines comparative and conceptual approaches to analyze constitutional provisions, constitutional court decisions, and legal doctrines relating to constitutional supremacy, legal pluralism, secularism (laiklik), proportionality, and constitutional identity. The findings demonstrate that Indonesia adopts an implicit-accommodative model in which Islamic values are integrated indirectly through teleological, sociological, historical, and systematic constitutional interpretation without positioning sharia as a formal constitutional standard of review. Islamic norms function primarily as socio-constitutional values embedded within judicial reasoning and balancing mechanisms. In contrast, Türkiye historically applies a restrictive-exclusionary model grounded in Kemalist secularism, where Islamic law is generally treated as a potential threat to constitutional order under the doctrine of militant democracy. Nevertheless, recent constitutional developments reveal a gradual transition toward pragmatic accommodation through the proportionality test and the margin of appreciation doctrine influenced by European human rights jurisprudence. The study argues that constitutional identity and interpretive methodology are decisive variables shaping the scope of Islamic law integration in constitutional adjudication. By comparing Indonesia’s pluralistic-religious constitutionalism with Türkiye’s assertive secular constitutionalism, this article contributes to comparative constitutional theory by demonstrating that judicial review in Muslim-majority states operates along a dynamic spectrum between accommodation and exclusion rather than within a binary opposition between secularism and sharia. The study further offers a conceptual framework for understanding how constitutional courts mediate tensions between religious norms, democratic governance, and constitutional supremacy in contemporary Muslim societie
WASIAT WAJIBAH DALAM PERSPEKTIF HUKUM ISLAM DI INDONESIA DAN KOMPARASINYA DI NEGARA-NEGARA MUSLIM Erniwati Erniwati
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.v5i1.1437

Abstract

One of the laws that is classified as contemporary in the Islamic world is with respect to mandatory wills. Namely the will which the implementation is not influenced or not depends on the willingness or will of the deceased. Testament in this form applies automatically, whether spoken or not spoken, whether desired or not desired by the person who died during his lifetime. The method applied in this writing is a comparative method, namely by comparing the laws and provisions of mandatory wills applied in Indonesia with those prevailing in other Muslim countries. The result is a difference in the application of mandatory testament objects. In Indonesia a compulsory testament applies between foster parents and adopted children or vice versa. Whereas in other Muslim countries, this applies between grandfather and cuccus whose parents have died first 

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