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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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Quality Management Implementation of Pilgrimage Guidance Groups (KBIH) in Medan City Under Law No. 8/2019 on Guidance and Assistance for Hajj Pilgrims Hamdan Sukri Harahap; Ansari Yamamah; Hafsah Hafsah
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.v10i2.3013

Abstract

This article explores the organizational management practices of the Pilgrimage Guidance Groups (KBIH) in Medan, focusing on the implementation of Law Number 8 of 2019 for Guidance and Assistance for Hajj and Umrah Pilgrims. Using a descriptive approach, data was collected through observations, interviews, and document analyses to investigate quality management, service delivery, and influencing factors at KBIH Medan. The findings demonstrate robust quality management, ensuring high-quality services and adherence to legal provisions. Service implementation covers planning, organizing, executing, mentoring, providing services, and supervision. Supporting factors involve legal considerations, regulatory frameworks, and pilgrim protection, while hindering factors encompass resource constraints, weather challenges, and diplomatic complexities. In conclusion, KBIH Medan effectively implements Law Number 8 of 2019, ensuring service quality and overcoming challenges for future efficiency. The research provides a comprehensive overview of KBIH's organizational management, significantly contributing to successful Hajj and Umrah implementation in Medan. The analysis indicates that KBIH An-Nabawy aligns with the 2019 Law, achieving service quality and effective guidance. Continuous attention and improvement are emphasized for optimal service quality, maintaining a delicate balance between legal adherence and logistical efficiency
Ritual Syncretism and Legal Validity: A Jurisprudential Analysis of the Fidyah Semyang Tradition in Bengkulu Elkhairati Elkhairati; Laras Shesa; Yusefri Yusefri
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.v12i2.8252

Abstract

This study explores the practice of Fidyah Semyang, which is a local tradition of the people of Suka Datang Village, North Curup, Bengkulu which is carried out as a form of redemption for the obligation to pray from someone who has died. Fidyah is given in the form of gold, money, and fragrances through rituals full of spiritual symbolism. This study aims to understand how this tradition is practiced, as well as how it is positioned within the framework of normative Islamic law which generally does not allow the delegation of bodily worship such as prayer to others, either in the form of qadha or Fidyah. The method used is qualitative-descriptive with an ethnographic approach and case studies, through in-depth interviews, participatory observations, and literature review of contemporary Islamic jurisprudence and jurisprudence. The results of the study show that Fidyah Semyang is a form of religious syncretism that develops from the interaction between Islamic teachings and local customary value structures. Although the practice has a strong social and spiritual function, it faces challenges from Islamic scholars and legal thinkers who consider the tradition to be a form of ‘urf fāsid (corrupt customs), as it lacks a solid basis in nash shari'i and can distort the correct understanding of worship in Islam. In conclusion, Fidyah Semyang reflects on the dynamics between cultural religious expression and normative Islamic authority, and shows how local Muslim communities negotiate their religious identities within the framework of ancestral heritage customs and traditions
The Urgency of Design on Indigenous Community Law Based on the Conflict of Torakat Indigenous People in North Sulawesi Suandi Suandi
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.v9i1.2852

Abstract

This study aims to find out and analyze the urgency of the Indigenous Peoples Bill in terms of the Toruakat Indigenous People's conflict in North Sulawesi. The method used in this study is a normative juridical method, with secondary data sources as the primary data, and then the collected data is analyzed qualitatively. After conducting research, it was found that the conflict occurred between the Indigenous Peoples of Touakat and PT. Bulawan Daya Lestari, in Bolaang Mongondow, North Sulawesi, resulted in the death of one indigenous person and the injury of four other indigenous people, arguably revealing that the Government cannot be present to protect indigenous peoples. The protection, fulfilment, and recognition of indigenous peoples should be related to the substance of human rights contained in the 1945 Constitution of the Republic of Indonesia. This means that the existence of confirmation in the Constitution is not only limited to recognizing the constitutional rights of indigenous peoples but also must guarantee the fulfilment of the rights of indigenous peoples. -the constitutional rights. The occurrence of the conflict can ultimately show that there is an urgency for the Indigenous Peoples Bill
EKSISTENSI SYIRKAH KONTEMPORER Miti Yarmunida
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 1, No 2 (2014): 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.v1i2.60

Abstract

Syirkah kontemporer merupakan pengembangan dari syirkah klasik yang sudahdirumuskan oleh imam mazhab terdahulu. Ulama kontemporer mengembangkan syirkah ini untukmengakomodir perkembangan system bisnis dalam bekerjasama yang dilakukan oleh manusia di eramodern seperti kerjasama antar perusahaan; PT, CV,Ventura dan lain-lain. Salah satu karakteristikhukum Islam adalah mampu menjawab status hukum permasalahan yang dihadapi oleh ummatnyatermasuk dalam hal ini tentang syirkah yang dipraktekkan dewasa ini (kontemporer). Pada prinsipnyakompleksitas yang dimiliki oleh syirkah kontemporer tidak bisa lepas dari prinsip dasar syirkah itusendiri agar dia tetap dalam koridor syar’i dan menjadi usaha yang halal. Prinsip yang harus dipegangidalam syirkah (melakukan kerjasama) adalah perserikatan itu merupakan transaksi yang bolehdiwakilkan; prosentase pembagian keuntungan maupun kerugian untuk masing-masing pihak yangberserikat dijelaskan ketika berlangsungya akad; keuntungan itu diambilkan dari hasil laba hartaperserikatan, bukan dari harta lain
Reconstruction of Obligatory Bequest in the Perspective of the Objectives of Islamic Law: Contextualizing Islamic Law in a Case Study of The Secret Wife in Polygamous Marriage Rusdi Rizki Lubis; Asmuni Asmuni; Tamyiz Mukarrom; Candra Boy Seroza; Muhammad Irfan
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.v12i1.3809

Abstract

The concept of obligatory bequest (wasiat wajibah) represents a significant development in the reform of Islamic family law in Indonesia. While normatively regulated in Article 209 of the Compilation of Islamic Law (KHI), which mandates obligatory bequests to adopted children and adoptive parents, recent jurisprudence and Supreme Court Circulars have broadened its application. Courts have extended obligatory bequests to include non-Muslim heirs, stepchildren, children born out of wedlock, and more recently, to sirri (unregistered) wives in polygamous marriages. This study employs a qualitative method with both normative-juridical and empirical-juridical approaches, using maqāṣid al-sharīʿah (the objectives of Islamic law) as the analytical framework. The key contribution of this research lies in its doctrinal and jurisprudential reconstruction of obligatory bequest to encompass sirri wives—a group previously excluded from formal inheritance rights. It argues that Religious Court judges may justifiably grant obligatory bequests to sirri wives under specific conditions: (1) the legally registered wife was aware of the sirri marriage yet chose not to report it; (2) the sirri wife demonstrably fulfilled her marital duties; and (3) the marriage lasted for more than five years and was characterized by harmony and mutual support. This study thus contributes to the ongoing reform of Islamic inheritance law by offering a more inclusive and justice-oriented interpretation aligned with contemporary social realities and maqāṣid al-sharīʿah
REFORMULASI PERENCANAAN PEMBANGUNAN NASIONAL MODEL GARIS-GARIS BESAR HALUAN NEGARA Ade Kosasih
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 6, No 1 (2019): 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.v6i1.2207

Abstract

The inability of the national long-term development plan (RPJPN) to consolidate different programs between one President and the next President, results in unsustainable development plans. So there is a desire to revitalize the outlines of the state's direction (GBHN) as a guide to national development that was once able to integrate national development planning in the past. Therefore, it is necessary to reform the GBHN, because the concept of GBHN in the past is not necessarily relevant to the current state administration system, especially the implications of the GBHN on the authority of the MPR. The future GBHN systematics will be followed up with the RPJM and the regional mid-term development plan (RPJMD) in lieu of the five-year development plan. To strengthen the legality of GBHN as a development planning document, the MPR Decree on GBHN must be interpreted as a fundamental norm, so that if the President deviates from the GBHN, then the President can be impeached. This means that the position and function of the MPR and the Constitutional Court (MK) need to be reconstructed, that is, the MPR is given the authority to submit impeachments and execute MK Decisions related to impeachment of the President in violation of the GBHN, while the Constitutional Court has the authority to examine and adjudicate requests for impeachment. Thus, it is believed that development planning can run in an integrated and sustainable manner.
The Effectiveness Of The E-Litigation Trial Process Based On Perma No.1 Of 2019 In Divorce Cases In The Medan Religious Courts Fatta Arbie Permadi Hasibuan; Fauziah Lubis
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.v7i2.4892

Abstract

 The study aims to evaluate the effectiveness of the divorce case trial process using the E-Litigation system and to identify the factors that hinder and support electronic trials at the Medan Class IA Religious Court. The research method used is non-doctrinal law, focusing on the effectiveness of a law and the factors influencing it. The research instruments include laws, books, journals, and scientific works. Data was obtained from observations at the Medan Class 1A Religious Court, followed by interviews with judges, expert staff operating the e-Litigation application, and admins at the e-Court Corner desk. The problem formulation is: What is the opinion of the panel of judges regarding the effectiveness of e-Litigation according to PERMA No. 1 of 2019 in handling divorce cases? The research results indicate that the effectiveness of the E-Litigation process in divorce cases is very high. It facilitates the parties involved in the dispute, reduces court costs, decreases the backlog of cases, and limits the spread of the Covid-19 outbreak. The E-Litigation system is very effective without compromising the substance of the court process or the rights of the litigants, ensuring that the truth is reached through formalities. Therefore, it can be acknowledged that E-Litigation is an effective trial method. 
Fiqh–Sufism Dialectics in Wahidiyah Teachings: An Integrative Model of Islamic Legal Thought in Indonesia Asmik Nasikah; Ahyak Ahyak; Iffatin Nur; Syamsu Ni'am; Rohmatulloh Rohmatulloh
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.v13i1.10517

Abstract

This article examines the dialectical integration of fiqh (Islamic jurisprudence) and Sufism (taṣawwuf) within Wahidiyah teachings in Indonesia and critically explores its implications for contemporary Islamic legal thought. Employing a qualitative normative-legal approach combined with philosophical analysis, this study analyzes Wahidiyah doctrinal texts alongside classical fiqh literature and authoritative Sufi works through deductive legal reasoning, maqāṣid al-sharīʿah analysis, and ethical–spiritual interpretation. The findings demonstrate that Wahidiyah articulates a systematic and operational integrative framework in which fiqh provides normative structure and legal certainty, while taṣawwuf functions as an ethical–spiritual orientation that animates legal reasoning and practice. This integration is concretely structured through a hierarchical sequence of principles—lillāh–billāh, li al-rasūl–bi al-rasūl, li al-ghawth–bi al-ghawth, yuʿṭī kulla dhī ḥaqqin ḥaqqah, and taqdīm al-aham fa al-aham thumma al-anfaʿ fa al-anfaʿ—aligning intention, authority, obligation, and priority within Sharīʿah boundaries. Departing from previous studies that predominantly frame Wahidiyah as a devotional or cultural Sufi movement, this article conceptualizes Wahidiyah as an integrative model of Islamic legal philosophy. It contributes theoretically by demonstrating how Sufi ethical consciousness can be methodologically incorporated into jurisprudential reasoning without undermining legal certainty. Methodologically, the study offers a maqāṣid-oriented analytical framework for examining spiritually grounded legal practices. Practically, it provides an alternative paradigm to rigid legalism and unstructured mysticism by showing how spirituality, legal normativity, and ethical responsibility can be systematically harmonized in contemporary Muslim life. By positioning Wahidiyah as a transferable model of fiqh–tasawwuf dialectics, this research advances contemporary Islamic legal theory and offers a contextually grounded approach to developing spiritually informed yet normatively coherent jurisprudence in plural Muslim societies
Implementation of Deelneming in Tax Criminal Actions Nur Ariatmoko
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.v10i1.2939

Abstract

This research explores tax crimes within the framework of the Law on general regulations and tax procedures (UUKUP), focusing on mandatory contributions to the state by individuals and entities. Utilizing normative methodologies, including statutory analysis, conceptual exploration, and case studies, the study scrutinizes participation in tax crimes. Statutory analysis examines existing laws to identify gaps in the legal framework, while conceptual exploration establishes a theoretical foundation for understanding criminal actions and participation in taxation. Case studies analyze real-world instances, extracting insights. The findings reveal a gap in regulating the capacity and role of tax crime perpetrators. This gap is evident in the application of laws, lacking explicit regulations on criminal actions and participation, weakening implementation. Determining involvement is discretionary, hindering effective enforcement. This study emphasizes the need for comprehensive legislation on taxation-related criminal acts, defining participation parameters. Strengthening the legal framework enhances efficacy in combating tax crimes, providing a robust foundation for judicial decisions and equitable enforcement
AKOMODASI BUDAYA LOKAL DALAM LEGISLASI BIDANG HUKUM KELUARGA (HUKUM TENTANG HAK DAN KEWAJIBAN DALAM RUMAH TANGGA) Yusmita Yusmita
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.v4i2.1021

Abstract

Abstract: This article would like to point out that some rules about family law in Indonesia are heavily influenced by the growing local culture in society. Evident from the provisions of the Marriage Act no. 1 of 1974 and the Compilation of Islamic Law is quite much influenced by the culture and conditions that developed in Indonesia and the progress of the times. This is evident from the desire to get out of the classical Jurisdiction of fiqh that puts too much of a man in a very high position, and women in disadvantaged positions. For example, the article that regulates the balance of the rights and the position of husband and wife in the household, in the association in society, and in doing legal action. The influence of local culture that is already rooted in the community appears in the statement that the husband is the head of the household and the wife is a housewife. This implies an imbalance in the position of the husband and wife, this is clearly influenced by the local culture and is supported by religious doctrine that is already integral with society, which states men are leaders for women.

Page 27 of 31 | Total Record : 303

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