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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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Dharibah and Tax Competition Policy as Considerations for Taxpayers in Choosing the Domicile of Motor Vehicles Enceng Enceng; Damas Dwi Anggoro; Purwaningdyah Murti Wahyuni; M. Jeffri Arlinandes Chandra
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.v10i2.3000

Abstract

The study aims to develop an alternative policy model to address the tax competition phenomenon's impact on GDP in three provinces within the Jabodetabek region. The research employs a mixed methods approach. This methodology is chosen to address the problem formulations outlined in Chapter I. The first and second problem formulations are tackled through a qualitative approach, while the third problem formulation is addressed through a quantitative approach. Data collection involves preliminary studies and development using interview techniques, Focus Group Discussion (FGD), library studies, documentation, and questionnaires. Qualitative data analysis employs descriptive analysis, while quantitative analysis utilizes simple linear regression analysis processed with SPSS 21.0. The research findings reveal that: (1) the imposition of motor vehicle tax in Jakarta, Bogor, and Tangerang involves distinct policies, strategies, and evaluation methods; (2) inhibitory and driving factors contribute to the presence of tax competition in Jakarta and Bogor; (3) fiscal competition influences taxable decisions in selecting the domicile of motor vehicles. This is evident from the obtained R Square value of 0.095, indicating that tax competition influences the tax decision variable in choosing the motor vehicle domicile by 9.6%. 
Legal Framework for Resolving Local Government Loan Defaults in Indonesia: A Comparative Study of Positive and Islamic Law Samsul Arifin; FX Sumarja; Sunaryo Sunaryo; Agus Triono
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.v12i1.7971

Abstract

This study critically analyzes the legal framework for resolving local government loan defaults in Indonesia through a comparative lens between positive law and Islamic law. It aims to identify both normative and practical shortcomings in the current regulatory mechanisms while proposing a more equitable, sustainable, and ethically grounded legal solution. Employing a normative juridical method with statutory and conceptual approaches, the research is analyzed qualitatively based on the principles of justice, the rule of law, and Islamic legal doctrines. The findings indicate that Law No. 1 of 2022 disproportionately places the burden of loan default risks on local governments without adequate consideration of the fiscal disparities among regions. Moreover, the absence of a clear mechanism for resolving defaults outside the central government’s domain creates legal uncertainty for creditors and disrupts the delivery of public services. From the perspective of Islamic law, the current framework neglects core principles such as ‘adl (justice), maslahah (public interest), and raf’ al-ḍarar (harm prevention), which emphasize fairness, debt restructuring, and social responsibility. The study recommends a hybrid approach that integrates positive legal reforms, such as amendments to Law No. 1/2022 and the application of the Suspension of Debt Payment Obligations (PKPU), with Islamic dispute resolution models like sulh (amicable settlement) and tahkīm (arbitration). The academic contribution of this study lies in its interdisciplinary framework that bridges conventional legal analysis with Islamic jurisprudence, offering a novel perspective on fiscal legal governance in decentralized states. This research enriches the scholarly discourse on legal pluralism, fiscal justice, and the contextual application of Islamic legal principles in modern governance structures, particularly in managing local government financial obligations
Defense Against Criminal Theft Perpetrators Based on Islamic Law Muhammad Abdi Manullang; Pagar Pagar; Ramadhan Syahmedi Siregar
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.v8i2.2812

Abstract

This study aims to describe the legality of the defense of suspected perpetrators of criminal acts of theft carried out by LBH SIKAP based on Islamic law. This study is a field research (empirical study), using the results of observations and interviews with LBH SIKAP Advocates of Dairi Regency and the people of Dairi Regency as primary sources. Secondary sources include laws and regulations, including the Criminal Code (KUHP) and Law Number 16 of 2011 concerning Legal Aid. The results of the study: The practice of efforts to defend suspects in the crime of theft carried out by LBH SIKAP by way of direct assistance when the perpetrators are still at the investigation level; LBH SIKAP will provide assistance until the file is brought to the prosecutor's office so that the prosecution is carried out immediately, to assist the person who has the status of a defendant before the Panel of Judges of the Sidikalang District Court. The defense carried out by LBH SIKAP was carried out based on a request from the perpetrator or the perpetrator's family after an arrest by the police. LBH SIKAP advocates studied the files; then, the family approached the perpetrators to provide protection and assistance. The defense of suspected perpetrators of the crime of theft carried out by LBH SIKAP based on Islamic law is not prohibited. In general, the defense carried out by LBH SIKAP is part of professionalism and has been guaranteed by law.
UPAH DAN TENAGA KERJA DALAM ISLAM Idwal B
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.v1i2.51

Abstract

Tenaga kerja sebagai sumber daya aktif merupakan salah satu faktor bagikelancaran suatu proses produksi dalam suatu perusahaan atau organisasi.Keberadaan tenaga kerja dalam menjalankan aktivitasnya, seharusnya didukungoleh sarana dan prasarana serta bentuk manajemen yang baik dan manusiawi, agartenaga kerja tersebut dapat bekerja dengan baik dan sesuai dengan harapanperusahaan tanpa rasa kecewa, ketidakpuasan dan kecemasan. Upah menurut Islamadalah imbalan yang diterima seseorang atas pekerjaannya dalam bentuk imbalanmateri di dunia (adil dan layak) dan dalam bentuk imbalan pahala di akherat(imbalan yang lebih baik). Upah diklasifikasikan menjadi 2 yaitu Upah yang telahdisebutkan (ajrul musamma)Upah yang sepadan (ajrul mistli) Menurut ImamSyaibani: “Kerja merupakan usaha untuk mendapatkan uang atau harga dengan carahalal. Dalam islam kerja sebagai unsur produksi didasari konsep istikhlaf, dimanamanusia bertanggung jawab untuk memakmurkan dunia dan juga bertanggungjawab untuk menginvestasikan dan mengembangkan harta yang diamanatkan allahuntuk menutupi kebutuhan manusia
Direct Selling dalam Usaha Perasuransian di Indonesia Perspektif Hukum Islam Seri Utami Ningsih
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.v7i1.2564

Abstract

Insurance companies such as PT. Life Insurance Central Asia Raya, PT. Prudential Life Insurance, PT. Generali Indonesia Life Insurance, PT. Tugu Mandiri Life Insurance, PT. MNC Life Insurance, PT. Asuransi Jiwasraya (Persero), and PT. Sequis Life Life Insurance have marketed one of their insurance products with a direct sales system, or better known as direct selling, which was developed by insurance agents by recruiting insurance agents in a row. This paper explains how the Financial Services Authority (OJK) controls the marketing of insurance businesses and the view of Islamic law on the practice of direct selling in insurance marketing. Based on the type, this research is library research. The results showed that the Supervision of the Financial Services Authority was careless from the principles of legal certainty, professionalism, and openness. This is because Direct Selling was not included in the marketing channels stipulated in the Financial Services Authority Regulation (POJK) Number 23 of 2015 concerning Insurance Products and Marketing of Insurance Products. Based on the POJK, direct selling practiced by insurance companies is illegal. The Financial Services Authority emphasizes direct selling as the development of insurance marketing methods by the insurance agent. In the perspective of Islamic law, based on Sadd al-Dzari`ah, although basically direct selling is permitted, but the actions of the insurance agent have great potential to endanger the health of the insurance, and the negligence of the supervision of the Financial Services Authority, the law of this direct selling is haram (forbidden). Therefore, the Financial Services Authority must review the direct selling marketing developed by the insurance agent.    
Analyzing the Islamic Securities Crowdfunding System through the Lens of Maqashid Sharia Mesi Herawati
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.v11i2.4785

Abstract

This study aims to examine the aspects of maqashid sharia in the context of the Islamic securities crowdfunding system. Employing qualitative research methods through library studies, the findings reveal that among the six management aspects in Islamic securities crowdfunding, five elements of maqashid sharia are addressed: protection of religion (hifz ad-din), protection of life (hifz an-nafs), protection of intellect (hifz al-aql), protection of lineage (hifz an-nasl), and protection of property (hifz al-mal). Nonetheless, the aspect of risk management necessitates further enhancement, as effective risk management is essential for safeguarding the interests of both investors and MSMEs regarding asset protection (hifz al-mal). By prioritizing the risk management dimension, the framework can not only uphold the maqashid sharia related to asset protection but also contribute to the overall sustainability of the Islamic securities crowdfunding financial system
DINAMIKA IBADAH KURBAN DALAM PERKEMBANGAN HUKUM ISLAM MODERN B. Hariyanto
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.v5i2.1443

Abstract

Sacrifice is a necessity in the activities of Muslims every year. In addition to having a vertical dimension in the form of obedience to the commands of Allah SWT, sacrificial worship also has a horizontal dimension that is urgent for ukhuwah Islamiyah, namely concern for others and justice in realizing Muslim unity. The progress of the times achieved by modern civilization can actually be solutions that facilitate all forms of Islamic worship practices. Collective goat sacrifices, online sacrificial worship, sacrificial slaughter with mechanical devices, and sacrificial canning are some of the dynamics that occur in Muslim communities in the world. These dynamics must be addressed wisely in accordance with the objectives of the Shari'a. The progress of the era with all its derivatives requires every Muslim to continue to strive to understand and explore the philosophical and axiological meanings of all the worship carried out, including in the implementation of sacrificial worship.
Concept of Kafā’Ah in Marriage and Its Implementation among the Alawiyin Community in the Medan City, Indonesia Hasanah Sadiqin; Syafruddin Syam; Imam Yazid
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.v11i1.3444

Abstract

This research delves into the application of the Kafa'ah concept in Alawi marriages in Medan City. Kafa'ah, a regulated Islamic principle, emphasizes equality and suitability in selecting life partners, considering factors such as religion, lineage, wealth, and morality. Through literature review, interviews with key figures like Habib HA and Habib MA, and direct observation, the study examines how Alawis prioritize Kafa'ah nasab as the primary criterion for their offspring's marriages. The findings highlight the community's commitment to preserving the lineage of Prophet Muhammad, with most adhering strictly to Kafa'ah principles. However, a minority engages in marriages deviating from Kafa'ah, influenced by factors like awareness, territorial location, education, and economic demands. Data analysis exposes differing views between Alawis and mainstream fiqh scholars regarding Kafa'ah, aligning with the Hanbali school's mandate for its application. The study also uncovers a dilemma among sharifah, facing challenges in finding spouses within the sayyid community, necessitating consideration of marriages with non-sayyid individuals. This research contributes valuable insights into Alawi marriage dynamics in Medan City, shedding light on the implications of Kafa'ah nasab in preserving the lineage of Prophet Muhammad. Recommendations include maintaining community awareness and solidarity, with Rabithah Alawiyah involvement to address the struggles of sharifah seeking partners within the sayyid community. 
Administrative Justice in the Perspective of Islamic Legal Philosophy: A Comparative Study of Ethical Legitimacy and Bureaucratic Rationality Surahman Surahman; Abdurrahim Abdurrahim; Widyatmi Anandy; Fathul Hamdani; Uche Nnawulezi
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.v12i2.8269

Abstract

The debate about justice in legal systems and public administration concerns not only the normative-procedural aspects but also touches on the moral, ethical, and spiritual dimensions of government practice. In the modern context, administrative law develops based on bureaucratic rationality as formulated by Max Weber, which emphasizes procedural legality, efficiency, and institutional hierarchy as sources of legitimacy for state action. In this paradigm, administrative justice is measured through adherence to written rules, procedural clarity, and impersonal administrative accountability mechanisms. However, despite guaranteeing order and efficiency, this system is often criticized for its tendency to ignore the moral substance and human values that are at the core of justice itself. Conversely, in Islamic legal philosophy, justice holds a higher and transcendental status. Justice is not merely the result of legal procedures, but rather a manifestation of divine will ('adl) and an integral part of the objectives of Islamic law (maqāṣid al-sharī‘ah). Within this framework, bureaucratic actions—whether legislative, executive, or administrative—cannot be judged just solely because they conform to the rules, but must reflect ethical legitimacy, namely conformity to moral principles, honesty, social responsibility, and orientation toward the public good (maṣlaḥah ʿāmmah). Thus, legitimacy in Islamic law is moral-spiritual, not merely legal-formal. The gap between these two paradigms raises a fundamental question in the study of legal philosophy: is modern bureaucratic rationality capable of producing substantive justice, or does it require a deeper ethical foundation as offered by Islamic legal philosophy? In the context of public administration in Muslim countries, this question becomes increasingly relevant given the demand to integrate sharia values with the principles of efficient and transparent modern governance. Through this comparative study, the research aims to explore how Islamic legal philosophy interprets administrative justice and bureaucratic legitimacy from an ethical and theological perspective, and to identify fundamental differences between ethical legitimacy in Islamic law and bureaucratic rationality in modern administrative law. This approach is expected to provide a philosophical basis for the formation of a legal and bureaucratic system that is not only structurally rational, but also morally and spiritually just
Hindu Society’s Perception on Sharia Banking in Medan City Ririn Khairiyah; Muhammad Yafiz; Nurlaila Nurlaila
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.v9i2.2919

Abstract

This study aims to explain the factors that influence the perception of Hindu people using Islamic banks in the city of Medan (Madras Hulu Subdistrict, Medan Polonia District) and also to find out the perception of hindus towards Islamic banking in the city of Medan. This study uses two free variables, namely religion, promotion and one bound variable, namely public perception. The sample used in this study was the Hindu community in Madras Hulu Village using a questionnaire as a data collection technique. The research approach carried out in this study is quantitative research with Multiple Linear Regression analysis supported by a normality test assisted by spss software version 26. From the results of the research conducted, the author concluded that socially religion has a positive and significant effect on people's perceptions, promotion has a positive and significant effect on people's perceptions. Religion and promotion together or simultaneously have a significant effect on perception. Religion and promotion were able to influence perception by 19.9% the remaining 80.1% explained by variables or other factors outside of the variables studied in this study.

Page 28 of 31 | Total Record : 303

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