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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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The Law Politics in The Reformulation of Interfaith Marriage in Indonesia Teti Hadiati; Makrum Makrum
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.v7i1.2560

Abstract

The issues explored in this study revolve around whether interfaith marriages align with the philosophical values of Indonesian marriage law, and why the validity of such marriages remains contentious in Indonesian legal context. In connection with the principle of ongoing legal conditions and public order, the implementation of marriage registration signifies a recognition of interfaith marriages, which the community accepts as a natural reality. This research employs both normative legal analysis and quantitative sociological research methods. The methodology evaluates matters concerning public order, legal compliance, and the continuation of existing legal situations or acquired rights. Based on this research, it was concluded that interfaith marriages are deemed inconsistent with the philosophical principles of Indonesian marriage law rooted in religious doctrine. Such marriages could potentially undermine the longstanding efforts in Indonesian marriage law legislation aimed at upholding public order. Consequently, registrations conducted by civil registry offices lack authoritative legal status and are merely administrative procedures.
ISTIQRĀ’ DAN PENERAPANNYA TERHADAP AL-QAWĀ`ID AL-FIQHIYYAH Safriadi Safriadi
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.v5i2.1439

Abstract

Al-Qawā‘id al-Fiqhiyyah is a general theory of Islamic law produced through the istiqra’ '(induction) process. But such affirmation has never been done and to do so requires adequate evidence and analysis of the working techniques of al-Qawā‘id al-Fiqhiyyah. The author in this study conducted a study of al-Qawā‘id al-Fiqhiyyah compiled by Tāj al-Din al-Subki in his work al-Asybāh wa al-naẓā‘ir. This research is a library research with an approach to the philosophy of Islamic law. The results state that the work method istiqrā ', namely the principle of thinking that draws conclusions from empirical research on particular events into a unity of universal law. This legal conclusion will be applied (prediction) to the object of the problem which still has relevance to the particular things mentioned earlier. The role of istiqrā 'in the preparation of al-Qawā'id al-Fiqhiyyah in particular al-Qawā'id al-Asāsiyah is to take the essence of the rules of fiqh (furū') which have similarity to illat or wisdom which results are then formulated in general rules which includes cases of particular law below. Besides that, each rule always includes exceptions (muśtanāyat). This form of exception is in terms of the problem of induction in logic.
Problems of Peer-to-Peer Lending (P2PL) in Indonesia from an Islamic Law Perspective Ermanita Permatasari; Siti Fatimah; Nuri Safitri; Roma Wijaya
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.v11i1.3440

Abstract

In today's digital era, online platforms have revolutionised access to essential services, including financial transactions such as borrowing money. This research investigates the proliferation of online lending services, which provide easy access to funds with minimal prerequisites, thus facilitating widespread participation. However, the exponential growth of online loans also amplifies associated risks for all stakeholders involved. This study employs an empirical-juridical approach to examine the implementation of online lending and borrowing services, evaluating both their benefits and drawbacks. The research utilises data from Financial Services Authority Regulation Number 77/POJK.01/2016, focusing on its impact on consumer protection within the online lending sector. By analysing regulatory frameworks and empirical data, this study aims to enhance public awareness regarding the legal provisions and risks associated with online financial transactions. The findings underscore the necessity of informed decision-making among borrowers and lenders alike, promoting a balanced approach to financial inclusivity and risk management in the digital economy. Ultimately, this research contributes valuable insights into the evolving landscape of online lending practices and their implications for regulatory policy and consumer protection in Indonesia
The Role of Kyai and the State in Regulating Child Marriage: A Study in Cirebon Regency Muhammad Sibawaihi; Nandang Najmudin; Abdul Kholik; Muhammad Yogi Sandra
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.v12i2.8230

Abstract

Child marriage remains a pressing socio-legal issue in Indonesia, where religious norms often intersect and sometimes conflict with state regulations. This study explores the dynamic interaction between kyai (Islamic religious leaders) and state authorities in regulating child marriage within Cirebon Regency—a region known for its strong pesantren-based traditions. Using a qualitative case study approach, data were collected through in-depth interviews with kyai, judges, and families, supported by observations and document analysis of court rulings, religious texts, and local socio-cultural practices. The findings reveal that most kyai continue to legitimize child marriage through classical fiqh doctrines such as darūrah syar‘iyyah (religious necessity) and maslahah (public interest), reflecting the enduring influence of traditional interpretations. However, younger kyai are beginning to adopt contextual ijtihād that aligns with contemporary child protection principles under maqāṣid al-sharī‘ah. Meanwhile, state institutions struggle to implement the 2019 Marriage Law effectively due to the strong moral authority held by kyai. This study contributes to the field of contextualized Islamic law by developing a model of legal harmonization that integrates maqāṣid-based reinterpretation of fiqh with Indonesia’s child protection framework. The research offers both theoretical insight—by advancing the discourse on critical legal pluralism in Muslim societies—and practical guidance for policymakers to foster collaboration between religious leaders and state institutions in preventing child marriage while respecting local religious values.
The Role of Women in the Rukyat Hilal According to the North Aceh Ulema Consultative Assembly Machzumy Machzumy; Badrun Taman
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.v9i2.2915

Abstract

The Role of Women in Rukyat Hilal According to the North Aceh Ulema Consultative Assembly (MPU). Rukyat hilal is a method used to determine the beginning and end of the month of Kamariah. And along with the birth of the Falak Science study program in Indonesia, many also mastered falak science. One of the interesting things is the existence of female phallic experts and their role in determining the beginning of the Hijri month. This rukyat hilal activity is carried out collectively by the Ministry of Religious Affairs, the Ulema Consultative Assembly, BMKG and other community groups. From this background, the author is interested in studying the role of women in seeing hilal in North Aceh Regency based on the perspective of MPU. This research is a qualitative research, with a field approach (field research). The data collection method uses interview and documentation techniques. The results of this study show that the role of a woman in determining the beginning and end of the month in North Aceh according to the Majelis Permusyawaratan Ulama Aceh Utara there are two. First, if a woman is only a participant who participates in the Rukyat Hilal event, then this is allowed. Second, if a woman reports seeing hilal, then her testimony is not considered valid and rejected.
SIGNIFIKANSI IMPLEMENTASI KONSEP EKONOMI ISLAM DALAM TRANSAKSI BISNIS DI ERA MODERN Toha Andiko
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.v4i1.1004

Abstract

Abstract: The thinking of Islamic economics in Indonesia today, is still limited to the theme of banking or financial institutions. The lack of development of Islamic economic concepts is still happening in terms of macro and microeconomics as well as systems in Islamic statistics and accounting. Implementation of Islamic economic system is expected to serve as a guide in state government, in building a prosperous society both materially and spiritually. In addition, Shariabased Islamic economics is expected to be a solution to economic underdevelopment, and to change the dominant capitalist and communist system over the years. Islamic economics is believed to save people morality from materialismhedonism, and can unite Muslims to jointly achieve falah (prosperity) in general. The significance of sharia-based Islamic economics is evident in the sharia bank’s increasingly potential business offering services compared to conventional banks. Implementation of Islamic economics on muamalah activities can also be felt in the positive role of Islamic banks and on-bank syariah financial institutions that encourage the development of the real sector, this can be seen from the start of increasing the portion of the contract for the results of mudharabah and musyarakah and other transactions.
Cash on Delivery Payment System in Online Buying and Selling Perspective of Sharia Economic Law Moh. Zarkasi; Erie Hariyanto
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.v8i1.2704

Abstract

Observing the phenomenon of the rise of online buying and selling with cash on delivery (COD) payment systems that are not following consumer satisfaction, this research aims to discuss the view of Sharia economic law in the process of online buying and selling with the COD payment system. This type of research is literature research, using qualitative descriptive methods. Its approach is through normative and empirical legal approaches in the form of case studies. The results of this study concluded that based on the propositions of the Qur’an and hadith and the opinions of fiqh scholars, basically doing business is allowed as long as there is no element of gambling, fraud, riba, gharar, and dharar. In the case of online buying and selling with the COD payment system, if the goods sold are halal, it is clear that the quality and quantity of goods are between those offered by the seller and those received by the buyer; the payment is no element of fraud and addition, except for the postage agreed at the beginning, then according to Sharia economic law, the law can (mubah). However, conversely, if the practice of buying and selling online with COD payments, there are elements of gharar (unclear goods), riba (additional price without replacement), tadlis (fraud), and dharar (danger) that have an impact on harming sellers or buyers, then the law is haram.
The Implementation of Tanqih al-Manath Theory in Ushul al-Fiqh: An Analysis of Marriage Law Issues in Indonesia Ismail Jalili Jalili; Fadillah Ulfa Ulfa; Abdul Kabir Hussain Solihu
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.v11i2.4828

Abstract

This study examines the application of Tanqih al-Manath theory in the context of marriage law in Indonesia, a country with a complex legal landscape influenced by both Islamic and secular laws. The aim of this study is to explore how Tanqih al-Manath theory can be effectively employed to resolve marriage law issues, providing a nuanced understanding of its implications in a modern legal setting. The state of the art reveals a gap in the comprehensive application of Tanqih al-Manath in current Indonesian marriage law, highlighting the need for a systematic analysis of its practical utility. Utilizing a qualitative research method, this study conducts an extensive review of relevant literature, legal texts, and case studies, alongside interviews with legal scholars and practitioners. The results indicate that Tanqih al-Manath theory offers a robust framework for addressing complex marriage law issues, such as polygamy, child marriage, and interfaith unions, by harmonizing traditional Islamic principles with contemporary legal demands. In conclusion, this study highlights the potential of Tanqih al-Manath theory to modernize marriage law in Indonesia by harmonizing classical jurisprudence with contemporary legal challenges. This approach can foster a more inclusive and relevant legal system, offering valuable insights for legal scholars and practitioners and paving the way for further exploration of Usul al-Fiqh theories. 
Between Hijrah and Siyāsah: Transnational Islamic Movements, Contextual Islamic Law, and Democratic Governance in Post-Reform Indonesia Syahrir Karim; Tita Ruslin; Nur Utaminingsih
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.v13i1.10683

Abstract

The Hijrah movement in post-reform Indonesia has emerged as one of the most significant yet understudied phenomena at the intersection of Islamic jurisprudence, transnational Islamic networks, and democratic governance. As a mass religious transformation movement involving millions of predominantly urban Muslim millennials, Hijrah communities have increasingly become vehicles for transnational ideological currents — including Salafism, Ikhwanul Muslimin networks, and Hizbut Tahrir — that carry political implications challenging Indonesia's pluralist democratic foundations. Despite its growing significance, existing scholarship has examined the Hijrah movement primarily through sociological or political science lenses, without systematically analyzing how Islamic legal traditions — particularly siyāsah shar'iyyah (Islamic political jurisprudence) and fiqh al-siyāsah (Islamic governance jurisprudence) — both shape and evaluate the political orientation of Hijrah communities. This study addresses that gap through a qualitative approach combining observation of offline and online Hijrah activities with systematic literature analysis, integrated with the theoretical frameworks of denationalization (Sassen), transnational Islam (Roy; Mandaville), and Islamism (Hadiz; Muhtadi), and enriched by the normative lens of contextual Islamic law. The findings establish three conclusions: first, the Hijrah movement operates as a locally-rooted expression of transnational Islamic ideological networks whose political implications range from democratic participation to exclusivist identity politics; second, the movement's ideological spectrum — spanning conservative Salafi, Islamist, and post-Islamist typologies — reflects competing interpretations of maṣlaḥah 'āmmah (public interest) and siyāsah shar'iyyah regarding the legitimate relationship between Islam and the modern state; and third, contextual Islamic law — particularly the maqāṣid al-sharī'ah principles of ḥifẓ al-nafs (preservation of life), ḥifẓ al-dīn (preservation of religion), and ḥifẓ al-'aql (preservation of reason/intellect) — provides normative Islamic grounds for evaluating which expressions of Hijrah political activism are compatible with democratic pluralism and which constitute threats to maṣlaḥah mursalah at the national level. This study contributes a contextual Islamic law framework for analyzing transnational Islamic movements, demonstrating that siyāsah shar'iyyah — not merely social movement theory — is an essential analytical lens for understanding the relationship between religious movements and democratic governance in Muslim-majority societies
KERUKUNAN UMAT BERAGAMA (Studi Analisis Tentang Non Muslim, Ahlul Kitab & Pluralisme) Muhamad Arif Mustofa
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.v2i1.61

Abstract

Inter-religious harmony (Analysis study of non muslim, ahlul kitab & pluralism). Weought to live in harmony in this life. As a human being none of us don’t want to live in peace andharmony. But the extrimism of human faith causing them to be egoistic and assumming that theirreligion is the only truth. Allah has mentioned in the qur’an a human created in multi-ethnics, culturesand races. Indonesia consist of multi-ethnics, multi-faiths and religions. This study will discuss aboutnon-muslim, ahlul kitab, and pluralism, and how we live together in harmony? As Human being weought to live together inspite of religious deferences. To live together in harmony is a sunnatullah (thelaw of God). And it mentioned in qur’an several times, which contains the pluralism value, andhermenetic analysis, among them are mentioned in surah Al-Hujaraat Verse 13.

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