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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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Prohibition of Interfaith Marriage: An Analysis of Judicial Guidelines for Adjudicating Marriage Registration Applications Among Different Religions and Belief Raja Asauqi Muhammad Yusuf; Fauziah lubis
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.v7i1.4891

Abstract

Marriage in Indonesia aims to form a happy and lasting family, with its validity based on religious laws as per Article 2 Paragraph (1) of the Marriage Law. Despite this, interfaith marriages present legal ambiguities as some religions do not prohibit such unions, leading to varied judicial decisions and interpretations. The legal gaps in Indonesia's 1974 Marriage Law concerning interfaith marriages necessitate standardization in judicial practice. Supreme Court Circular Letter (SEMA) No. 2 of 2023 was issued to address these inconsistencies and provide clear guidelines for judges. This study utilizes qualitative descriptive analysis, combining literature reviews and interviews with judges at the Lubuk Pakam Religious Court, to assess the impact of SEMA No. 2 of 2023 on interfaith marriage registration cases. Judges possess ex officio rights to make decisions based on legal and logical considerations, ensuring justice and utility. The study found that religious institutions primarily handle marriage registration, with the Civil Registry Office recording only same-faith marriages and District Courts occasionally handling interfaith unions. The multi-interpretative nature of the Marriage Law leads to complex judicial and social implications in religiously diverse regions like Lubuk Pakam. SEMA No. 2 of 2023 aims to standardize judicial practices and provide legal certainty regarding interfaith marriages. Although it is primarily an internal directive, its influence extends to public awareness and judicial consistency. The study highlights the necessity for thorough understanding and dissemination of SEMA among judges to ensure lawful and uniform application.
Unlocking the Dormant Potential of Wakalah bi al-Istitsmar: Addressing the Fixed-Return Market Gap and Mitigating Moral Hazard in Indonesian Islamic Deposit Contracts Evan Ferdian Basri; Gemala Dewi; Rifki Ismal
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.v12i2.9613

Abstract

This research aims to address the absence of fixed-return instruments  in Indonesian Islamic banking, a gap that triggers the imposition of functions (functional displacement) on existing deposit-taking contracts (Mudharabah and/or wadi'ah) in order to satisfy risk-averse depositors. This structural condition is feared to trigger moral hazard practices that can distort the essence of the contract that leads to hilah ribawiyah, for example through the implementation of non-transparent profit smoothing management or the promise of fixed-return that is made unwritten. Using the juridical-normative method (doctrinal legal research), this study analyzes financial regulations (POJK and LPS Law) as well as DSN-MUI Fatwa No. 126/2019 and DSN Fatwa No. 152/2022 through a statutory and conceptual approach by adopting Archer's investment risk theory. The study found that  the Wakalah bi al-Istitsmar (WBI) Mutlaqah model with a performance incentive mechanism (Ujrah al-Ada') was proven to be able to create a stable return profile in a transparent manner. Furthermore, through the systematic interpretation of POJK No. 13/2021 and the application  of Archer's unrestricted risk framework  , the research proves that WBI Mutlaqah is functionally a liability with deposit characteristics, thus qualifying as an object of guarantee from the Deposit Insurance Corporation (LPS). The study concludes that the adoption of WBI Mutlaqah is a strategic need to mitigate displaced commercial risks, provide basic protection for risk-averse depositors, with the ultimate goal of maintaining the purity of risk-sharing characteristics  in the Mudharabah contract. The academic contribution of this study lies in enriching Islamic legal and financial scholarship through a doctrinal reconstruction of Wakalah bi al-Istitsmar as an alternative fixed-return deposit contract, as well as by strengthening the analytical linkage between investment risk theory, displaced commercial risk, and the deposit insurance regime within the Indonesian Islamic banking framework. The practical contribution of this study is the provision of an operational model and regulatory argumentation that may serve as a reference for regulators, Islamic banks, and Sharia Supervisory Boards in designing transparent, LPS-guaranteed fixed-return deposit products that are free from moral hazard practices
Baitul Mal Wa Tamwil: Legality and Its Potential in Developing the Community's Economy Khairudin Khairudin
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.v9i2.2937

Abstract

This study describes the legality and potential of Baitul Mal Wa Tamwil in developing the community's economy. This study is a literature review, which uses a sociological juridical approach. The data collection technique used in this study is the documentation technique. Meanwhile, the analytical technique used by researchers in this research is qualitative descriptive, where the author will first explain the data related to Baitul Maal Wa Tamwil (BMT) in detail and then carry out an inductive analysis to find out the legality and potential of baitul maal wa tamwil. (BMT) in developing the community's economy. After conducting in-depth research two conclusions were found: first, baitul Maal Wa Tamwil currently uses the cooperative law as its legal basis. Second, the potential for community economic development through Baitul maal wa tamwil is extraordinary because of the financing products (mudhorabah/profit sharing) carried out by baitul mal wa tamwil.
BISNIS HARAM DAN PENGARUHNYA TERHADAP FISIK DAN PSIKIS MANUSIA Zumaroh Zumaroh
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 4, No 2 (2017): 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.v4i2.1019

Abstract

Abstract: One form of work someone does to produce a variety of products is business. For Muslims, business is always controlled by the law of halal and haram, both in the way of acquisition and utilization. Physically, a person’s malicious practices will result in enormous losses, he will experience various diseases that are difficult to cure or even no cure. This affects the depletion of the treasures it has collected in such haram ways. Psychically, the warning and punishment sanctions experienced by malbic businessmen are more dire. In addition to causing various traits and bad traits within himself and his family, he will also experience severe depression and shudder as a manifestation of the aridity of the soul due to his evil behavior in business.
The Role of the Sharia Supervisory Board in Ensuring Contract Compliance in Sharia Financial Institutions' Financing Practices Endang Sriani; Iffatul Habibah
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.v10i2.2998

Abstract

Murabahah financing, in concept and principle, is intended for a sale and purchase agreement with an agreed-upon cost price and desired profit margin. However, variations exist in practice, where clients use this financing to settle their debts rather than to acquire the objects specified in the contract. Therefore, this research aims to analyze the role of the Sharia Supervisory Board (DPS) in Sharia Financial Institutions concerning Murabahah financing. This study is a field research with an empirical juridical approach. Data were gathered through interviews, observations, and document analysis, and the collected data were analyzed using a qualitative descriptive method. The results indicate that the supervision by the DPS is not optimal as it is limited to central offices and relies on information provided by management, thus not detecting violations in the field. The suggestion from this research is that the supervision would be more comprehensive if the DPS also verifies with clients as a comparative data source to ensure the conformity of products with Sharia principles. 
The Independence of Civil Servant Investigators in Indonesian Immigration: A Fiqh Siyasah Perspective Anis Mashdurohatun; Deny Arly Asmara; Erwin Zainul Hakim; Agung Hadi Wijanarko; Zekry Abd Elrazik Mohamed Ali
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.v12i1.5120

Abstract

In handling immigration-related criminal offenses, overlapping authority between Immigration Civil Servant Investigators (PPNS) and police investigators remains a regulatory and practical issue. The limited scope of authority granted to PPNS highlights the need to reexamine existing legal provisions through the lens of fiqh siyasah (Islamic political jurisprudence). This study aims to analyze how fiqh siyasah, particularly the principles of ta‘addud al-wilāyah (plurality of authority) and tafwidh al-sulthah (delegation of power), can be used to reconstruct the authority of Immigration PPNS in carrying out independent investigative functions. Employing a normative legal research approach, the study finds that from the perspective of fiqh siyasah, it is normatively justifiable for Immigration Civil Servant Investigators to operate autonomously as part of the delegated authority of the state (ulil amri). The study recommends amending Article 7, paragraph (2) of the Indonesian Criminal Procedure Code by replacing the phrase “under coordination and supervision” with “may coordinate,” as an effort to strengthen the institutional position of PPNS within Indonesia’s law enforcement system. The academic contribution of this study lies in offering an Islamic jurisprudential framework to critically assess and reform the institutional structure of legal authority in Indonesia, thereby integrating normative Islamic thought into the discourse of contemporary legal policy reform
Impact of Fatwa Upon Bank Interest ban On The Development of Islamic Banking in Indonesia Diana Ambarwati
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.v8i2.2801

Abstract

The purpose of this article is to describe the impact of bank interest ban fatwa on the development of Islamic Banks in Indonesia. Fatwa of the Indonesian Ulama Council number 1 of 2004 is the basis for various parties to contribute to realizing competitive Islamic banking. This fatwa has encouraged the Government to issue various rules in the form of laws and government regulations related to banking. The issuance of this rule is a serious proof of the government’s commitment to provide more space for the development of Islamic banking in Indonesia, in addition to being a proof of appreciation for the issuance of bank interest ban fatwa by the Indonesian Ulema Council. In addition, the bank’s fatwa on the ban on bungan has encouraged the role of the community to contribute real to the development of Islamic banking. The emergence of the Association of Islamic Economists (IAEI), sharia economic community (MES), the National Committee of Islamic finance which is now renamed to the National Committee of Islamic Economics and Finance (KNEKS) is a concrete evidence of community contribution to socialize and strengthen Islamic banking.
JENIS HUKUMAN DALAM HUKUM PIDANA INDONESIA Masril Masril
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.v1i1.50

Abstract

Indonesia adalah negara hukum, dimana sistim pemidanaan dengan jenis pidananya telahditentukan dalam undang-undang. Lain dari hal yang telah ditentukan oleh undang-undang adalahinkonstitusional, walaupun pidana tersebut diatur dalam tindak pidana khusus. Jenis hukuman yangada dalam pemidanaan di Indonesia masih sesuai dengan ketentuan yang ada dalam KUHP (KitabUndang-Undang Hukum Pidana) (pasal 10 KUHP dan apa yang dikatakan Anas tidak mungkinuntuk dilaksanakan, kecuali undang-undang dirobah
Peran Koperasi Syariah Sebagai Pusat Kegiatan Muamalah Jamaah Masjid (Studi Kasus Koperasi Syariah Baitul Mu’min Komplek Pasir Jati, Desa Jati Endah Kecamatan Cilengkrang Kabupaten Bandung) Intan Nurrachmi; Setiawan Setiawan
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.v7i1.2563

Abstract

Besides building and developing the socio-economic potential of members and society, Islamic cooperatives are also the center of muamalah activities in an effort to realize and develop a national economy based on the principles of family and economic democracy. The widespread practice of usury especially in the case of borrowing and investing, and an economy dominated by large companies, makes difficulty for small traders to develop and compete. This resulted in lower economic levels of society. Islamic cooperatives have great potential both in terms of human resources and other supporters. This study examines the role of the Baitul Mu’min Syariah cooperative in reducing the practice of usury and developing the welfare of the Ummah. This is a qualitative research that combines library research and filed research with an empirical approach. The results showed that the Baitul Mu’min Sharia cooperative was established to improve ukhuwah Islamiyah, the spirit of mutual cooperation and help, and to improve the welfare and prosperity of the congregation. It has contributed greatly to the service of the needs of its members and has improved the economy of its members, who are mostly worshipers of the Baitul Mu’min mosque.
A Comparative Study of Islamic Astronomy and Jurisprudence on the Qibla Direction of Historical Mosques in Cirebon Indonesia Kusdiyana Kusdiyana; Samsudin Samsudin; Muhammad Buchori; Roqiyul Ma’arif Syam
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.v11i2.4902

Abstract

Determining the correct Qibla direction is of utmost importance for Muslims. However, it is ironic that many people are indifferent to the accuracy of the Qibla direction in local mosques, often relying on religious figures without consulting experts in the field. This negligence often results in inaccurate Qibla directions, especially in historical mosques that still stand today. This study examines several historical mosques in Cirebon, Indonesia, including Pesantren Benda Kerep Mosque, Kramat Kalilunyu Mosque, Kramat Kalijaga Mosque, Masjid Merah Panjunan, and Jagabayan Mosque. Among these, only the Pesantren Benda Kerep Mosque has an accurate Qibla direction according to Islamic astronomy (Ilmu Falak). From a jurisprudential perspective (Fiqh), according to the Hanafi, Maliki, and Hanbali schools of thought, the Qibla directions of the historical mosques—except for Jagabayan Mosque—are still acceptable, as they are classified as facing the general direction of the Kaaba (Jihat al-Ka’bah). In contrast, the Pesantren Benda Kerep Mosque's Qibla precisely faces the physical structure of the Kaaba (‘Ain al-Ka’bah). However, Jagabayan Mosque’s Qibla cannot be tolerated as it deviates beyond the acceptable range according to the Hanafi school's concept of jihat sughra. In the Shafi'i school, the strongest opinion is that only the Pesantren Benda Kerep Mosque qualifies as properly aligned with the Qibla, while the others deviate from the correct direction

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