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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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Reformulating Islamic Digital Finance Regulation in the Contemporary Era: Toward Inclusive and Sustainable Development in Indonesia Solikhah Solikhah; Burhanudin Harahap; Zeni Lutfiyah; Luthfiyah Trini Hastuti; Nur Sulistiyaningsih; Muhamad Abduh
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.v12i2.9649

Abstract

This study examines the contemporary reformulation of Islamic digital finance regulation in Indonesia amid the rapid expansion of technology-driven financial services. The acceleration of digitalisation has created new opportunities for efficiency and financial inclusion, yet it also introduces regulatory challenges—particularly the low level of Islamic financial literacy and limited public understanding of Sharia principles embedded in digital financial products. Employing a normative legal research approach through statute and conceptual analyses, this study evaluates the alignment between the Financial Services Authority Regulation Number 40 of 2024 on Information Technology-Based Joint Funding Services and the National Sharia Council–Indonesian Ulema Council Fatwa Number 117/DSN-MUI/II/2018, which allows conventional business units to establish Sharia units, a provision previously restricted under Financial Services Authority Regulation Number 10 of 2022. The findings demonstrate that legal certainty, regulatory coherence, and innovation in Islamic digital financial products significantly shape the sector's development. Furthermore, the study proposes a model for a Sharia governance regulatory framework to strengthen good governance and ensure full compliance with Sharia principles. The research concludes that effective collaboration among the government, financial authorities, Islamic financial institutions, and the public is essential to enhancing the contribution of Islamic digital finance toward inclusive and sustainable development in Indonesia through continuous regulatory reform and ecosystem strengthening. Academically, this research contributes by proposing a contextual model for reformulating Islamic digital finance regulation in Indonesia, strengthening the conceptual linkage between statutory provisions and Sharia normative frameworks in fintech governance, and enriching scholarly debates on the role of Islamic digital finance as a driver of inclusive and sustainable development.
The Concept of Dzari'Ah on Preventing Transmission of Covid-19 (PSBB and PPKM Government Policy Analysis Study) Miskari Miskari
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.v9i2.2923

Abstract

This study will comprehensively discuss the spread of Covid-19, which until now continues and continues to grow and even gives rise to new variants. Therefore, several countries have decided on several policies to stop the spread of the Coronavirus. Not Indonesia, one of the countries affected by COVID-19, has also issued several important guidelines. The government is the party that implements and takes action in giving PSBB and PPKM policies. The policy regulates various aspects of people's lives, ranging from tightly closed education aspects to learning from home (online), aspects of work, implementation of work from home (WFH), and aspects of worship (adjusting the distance of prayer), to closing places of worship to the public. . This research method uses a literature study that uses documentation techniques in finding data. The approach used is normative by analyzing government policies using Dzari'ah theory. The results of this study indicate that the guidelines taken by the government regarding PSBB and PPKM follow what was taught by the Prophet Muhammad. This policy was implemented and followed by the companions of the Prophet as well. This policy aims to maintain the health and strength of Muslims spiritually and physically.
POLIGAMI DALAM PERSPEKTIF USHUL Al-FIQH Iim Fahimah
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.v4i2.1014

Abstract

Abstract: In the Qur’an, the issue of polygamy is only mentioned in verses 3 and verse 129. In verse 3 talks about the permissibility of polygamy, in verse 129 it talks about the difficulty and inability of a husband to do justice to wives. This means that the permissibility of polygamy is bound by strict conditions which means if the condition is not met, then polygamy should not be done. In the perspective of ushul fiqh to be reviewed is the polygamy verse which includes amr shigat and its legal implications and ta’arud al-adillah in the polygamy verse related to fair terms for polygamy perpetrators against his wives. The three editors used in the Qur’an are the orders of marrying women -women are considered good, so scholars differ when giving the meaning of the verse. Some say a maximum of 4, there are 8, there is also a limit of 16. Furthermore scholars also differed whether the rukhsah one, or more than one. In this case, the author is more likely to say that polygamy is rukhsah, while his azimah remains one. Polygamy is permissible if the situation requires polygamy, but if with monogamy there is no problem, then monogamy is better.
Analysis of the Russian Invasion of Ukraine in Terms of Humanitarian Law Muhammad Naufal Akbar Syaefudin; Diani Sadiawati
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.v10i1.2951

Abstract

This research aims to analyze the impact of Russia's invasion of Ukraine, with a specific focus on humanitarian violations and related international responses. The primary research question investigates the extent of humanitarian law breaches during the invasion and examines how the international community responds to these violations. The research adopts a field research methodology with a descriptive-qualitative approach. Data are collected through the analysis of various sources, including news reports, official documents, and interviews with experts in international relations. The analysis aims to identify humanitarian violations occurring during the conflict. Research findings indicate that Russia's invasion of Ukraine resulted in a series of humanitarian violations, including civilian casualties, forced displacements, and inhumane treatment of prisoners of war. International responses include investigations by the United Nations (UN) and the deployment of a forensic expert team by the Dutch government to gather evidence. The conclusion emphasizes the severity of Russia's invasion on global peace and underscores the importance of upholding international humanitarian law. While acknowledging Ukraine's violations as a victim, the more serious nature of Russia's actions draws sharp criticism from the international community. UN responses and diplomatic efforts highlight the crucial role of international institutions in addressing global crises. This research contributes to a deeper understanding of the impact of armed conflicts on human rights and emphasizes the necessity for collaborative global efforts to maintain world peace
The Role of Law in AI-Based Business Ecosystems: A Contextualized Perspective from Islamic Law Yoyo Arifardhani; Nur Hidayah Che Ahmat; Moh Mukri
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.v12i1.6961

Abstract

The rapid development of Artificial Intelligence (AI) has introduced complex legal challenges, particularly regarding regulation and compliance. This study examines the adequacy of Indonesia’s current legal framework in overseeing AI-based businesses and proposes an adaptive regulatory model informed by Islamic law. Using normative legal research and a qualitative approach, the study analyzes Indonesian legislation, Shariah legal principles, fatwās, academic literature, and comparative international regulations. Key regulatory gaps are identified in areas such as AI-based decision-making liability, algorithmic transparency, and data protection. These gaps are critically assessed through the lens of Maqāṣid al-Sharīʿah, including ḥifẓ al-ʿaql (protection of intellect), ḥifẓ al-māl (protection of wealth), and ḥifẓ al-nasl (protection of lineage and privacy), ensuring ethical alignment with Islamic values. To address these challenges, the research proposes a hybrid regulatory model combining principle-based and rule-based approaches, reinforced by risk-based standardization, certification schemes, and regulatory sandboxes. The “principle plus sandbox” model merges Shariah-based ethical norms with statutory regulation to support innovation while safeguarding public interest. Key contributions include: mapping Islamic legal objectives onto AI governance, designing a Shariah-compliant dispute resolution framework for AI-related business issues, and recommending the formation of a Shariah-informed AI regulatory authority in Indonesia. The study concludes that a balanced, adaptive legal framework—grounded in both legal certainty and Islamic ethical values—is essential for regulating AI in business contexts. This research contributes to developing more responsive, culturally rooted legal systems for AI governance in Muslim-majority countries
Accuracy Test of Supermarket's Mushola Qibla Direction In Cirebon City Samsudin Samsudin; Kusdiyana Kusdiyana; Rizal Ramadhan
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.v8i2.2797

Abstract

This study aims to answer the questions that become the formulation of the problem “How is the method of measuring the Qibla direction of the supermarket prayer room in Cirebon City” and “How to analyze the accuracy of the supermarket prayer room Qibla direction in Cirebon City.” This study uses qualitative research; the data collected uses observation, interviews, documentation, and literature study. They were then analyzed by the descriptive analysis method in narration. The results of this study: that the Qibla direction of the supermarket in Cirebon City has all measured the Qibla direction. The method of measuring the Qibla direction was carried out by the musala supermarket, where the author’s research uses the Qibla compass and the Qibla direction application on the smartphone. Of course, using the Qibla direction application on a smartphone is an inaccurate method. This method’s method is partly an error in determining the Qibla direction. Due to his ignorance of astronomy in measuring the Qibla direction and ignorance of the magnitude of the Qibla direction angle in the Cirebon City area, resulting in the Qibla direction of the supermarket in the Cirebon City area experiencing a wrong Qibla direction.
KEBIJAKAN KONTROVERSIAL KEPALA DAERAH (Analisis Hukum kebijakan walikota Bengkulu tentang Sholat Berjamah Berhadiah) Imam Mahdi
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.v1i1.46

Abstract

Salah satu kewenangan Kepala Daerah dalam melaksanakan tugas dan fungsinya adalahmengeluarkan kebijakan, yaitu seperangkat hukum administrasi Negara yang diperuntukan dalamrangka mengisi celah hukum, karena pada dasarnya Kepala Daerah dalam bertindak harusberdasarkan legalitas hukum. Ketika kebijakan Kepala Daerah yang dibuat menimbulkan pro dankontra di tengah masyarakat, maka kebijakan tersebut diistilahkan dengan “kebijakankontropersial” tulisan ini mengkaji kebijakan Kepala Daerah yang menurut Penulis mengandungunsur kotropersial, yaitu pemberian hadiah berupa mobil kepada masyarakat yang rajinmelaksanakan sholat zuhur berjamah di salah satu masjid. Tulisan ini didasarkan pada literaturhukum administrasi Negara dan bahan bacaan yang tersebar di berbagai media yang relevan
Sultan Adam Law in The Progressive Law Perspective in Banjar Communities in The 18th Century AD Muhammad Fahmi Al Amruzi; Masyitah Umar; Anwar Hafidzi
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.v7i1.2559

Abstract

The Sultan Adam Law provides an important and interesting role in the development of the history of law in the Banjar land. This happened during the reign of Sultan Adam Al-Watsiq Billah from 1825 to 1857 AD. This Law contains matters of religion and worship, issues of Governance Law, Marriage Law, Judicial Procedures, Land Law, and Transitional Regulations. This article discusses the role of the Sultan Adam Law in the resolution of religious problems in the Banjar community in South Kalimantan and in Progressive law. The findings of this study are that the Law of Sultan Adam became the guide of the judges in deciding cases, becoming a unifying instrument of the kingdom, and an antidote to deviant sect that developed in the 18th century AD The Sultan Adam Law also exists as a progressive law, because as a a legal instrument, this law can come out of existing traditions and be able to respond to problems that occur in society at that time, and always try to constantly find new meanings and not be bound by absolute meanings. This Law is also able to act as a law that lives in the midst of society and is able to meet their needs.    
The Relevance of the al-Musâwâh Principle and the Law Prohibiting Monopolistic Practices in the Use of Digital Payments Waldi Nopriansyah; Arne Huzaimah; Muhammad Salim
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.v11i1.3439

Abstract

Using a single digital payment application exclusively among business entities has adverse effects on economic activities, leading to the emergence of monopolistic practices. Therefore, the principle of al-Musâwâh (balance) is crucial in economic transactions. This study aims to elucidate the prohibition of monopolistic practices, advocate for the application of the al-Musâwâh principle in business operations, and explore its relevance in curbing monopolistic behaviours in the utilisation of digital payments across various business sectors. This research employs a qualitative approach through a literature review, focusing on normative analysis related to the al-Musâwâh principles and the prohibition of monopolistic practices in digital payments. The critical-comparative analysis method is utilised to critique and correlate the application of the al-Musâwâh principle with the prohibition of monopolistic practices. The findings indicate that businesses should adhere to the al-Musâwâh principle when utilising digital payment systems and refrain from exclusive partnerships with single payment platforms. Current practices where companies restrict themselves to one digital payment application contribute to monopolistic tendencies. Consequently, the Indonesian Competition Commission (KPPU) and the Government are urged to amend Law Number 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition promptly to effectively address issues in the digital economy
From Vision to Practice: Comparative Dynamics of Islamic Economics in Indonesia and Malaysia sumarni sumarni; Ahmad rezy meidina; Andifa Dwi Fani; Nissa Ayu Marliana; Ikhdan Gimas Shufyansyah
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.v12i2.7685

Abstract

This paper aims to compare the development of Islamic economics in Indonesia and Malaysia, with emphasis on the banking sector as the core pillar. The study employs a descriptive-analytical method and a juridical-normative approach, analysing secondary data from official reports (OJK, Bank Negara Malaysia, IFSB), regulatory documents (Law No. 21/2008; Islamic Banking Act 1983; IFSA 2013), and peer-reviewed literature (2010–2023). Findings show that Indonesia’s Islamic banking assets grew by 13% in 2021, supported by digitalisation and market-driven strategies, though financial literacy remains low (below 40%). Malaysia, by contrast, records a 30% share of Islamic banking assets nationally and dominates the global sukuk market, strengthened by comprehensive regulation and the Shariah Advisory Council. The results imply that Indonesia must enhance literacy and financial inclusion, while Malaysia should innovate further to sustain its global leadership. This study contributes comparative insights for policymakers on aligning regulatory frameworks with maqāṣid al-sharīʿah and strengthening cross-border collaboration

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