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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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Progressive Law Paradigm in Islamic Family Law Renewal in Indonesia Fauzan Fauzan
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.v7i2.2598

Abstract

This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from the decisions of the constitutional justices, including regarding the restrictions on polygamy, the status of children out of wedlock and the age of marriage which was later successfully revised with the issuance of Law 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage. In the context of progressive legal reform in Indonesia, judges use reinterpretation of religious texts (fiqh), and understand the social context of modern society dynamics. For this reason, judges are required to be more courageous not only to be bound textually, but also to put forward the goal of realizing justice and benefit in the midst of society. Thus, the main legal objectives will be realized, namely substantive justice, benefits, and legal certainty because the law is basically for humans, not for the law itself
Validation of Pasu-Pasu Raja Marriage through Itsbat Nikah in the Perspective of Positive Law and Islamic Law: An Analysis of the Tarutung Religious Court Ruling Reza Kresna Adipraya; Mhd Yadi Harahap; Fatimah Fatimah
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.v11i2.5116

Abstract

This study investigates the legal validation of pasu-pasu raja marriages, a traditional Batak Toba ritual, at the Tarutung Religious Court, particularly in cases involving converts to Islam. The research explores three primary issues: the legal status of pasu-pasu raja under Indonesian law and Islamic law, the requirements for validating such marriages for converts, and the judicial responses at the Tarutung Religious Court. Employing a normative juridical approach with case study analysis, the findings indicate that while pasu-pasu raja is not part of the formal Islamic marriage process, it can serve as a cultural complement to a legally valid Islamic marriage. Under Indonesian positive law, itsbat nikah (marriage validation) is permissible for convert couples, provided the marriage complies with Islamic principles and is free from legal barriers. Most Islamic scholars affirm the validity of non-Muslim marriages post-conversion, without the necessity of a new marriage contract. The Tarutung Religious Court aligns with this perspective, offering legal certainty to converts without mandating a new contract. This legal recognition is consistent with the principles of maqashid asy-syar'iyyah, which emphasize the welfare and legal legitimacy of marriages
Political Rights of Former Prisoners in Electoral Democracy: A Contextualized Islamic Political Perspective from Indonesia and Uzbekistan Shulhan Iqbal Nasution; Sugih Ayu Pratitis; Mhd Ansor Lubis; Windy Sri Wahyuni; Bazarova Dildora Baxadirovna
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.v13i1.9062

Abstract

The restriction of passive political rights for former prisoners represents a globally contested legal phenomenon at the intersection of democratic integrity, human rights, and moral leadership standards. Despite its prevalence, comparative normative scholarship examining this restriction through an integrated Islamic political jurisprudence framework remains limited. This study addresses that gap by analyzing the legal dynamics of electoral democracy and the restriction of passive political rights for former convicts through a comparative study of Indonesia and Uzbekistan, integrated with a Siyāsah Shar'iyyah perspective. Employing normative legal research with statutory, conceptual, and comparative approaches, this study systematically examines constitutional frameworks, constitutional court rulings, and electoral reform legislation in both jurisdictions. The findings reveal three convergent dimensions: first, both countries ground political right restrictions in the principles of proportionality, legal certainty, and public interest protection, though through contrasting institutional mechanisms — Indonesia through judicialized constitutional review and Uzbekistan through state-led administrative reform; second, Indonesia's Constitutional Court Decision No. 56/PUU-XVII/2019 establishes a mandatory five-year post-sentence waiting period as a sociological rehabilitation filter, while Uzbekistan's 2019 Electoral Code liberalized voting access without fully resolving the passive rights gap for serious offenders; third, from a Siyāsah Shar'iyyah standpoint, leadership eligibility is conditioned upon Adalah (moral integrity) and Amanah (trustworthiness), wherein criminal conviction — particularly for corruption — constitutes a temporary forfeiture of Adalah, recoverable through verified Tawbah (repentance) and Raddul I'tibār (rehabilitation), yet legitimately subject to conditional restriction under Maṣlaḥah Mursalah (public interest). This study contributes a normative-comparative model demonstrating that temporal restrictions on the right to be elected are compatible with both international human rights standards and Islamic political ethics, provided they are proportional, non-discriminatory, and legally bounded. The findings offer policy implications for Muslim-majority democracies seeking to harmonize electoral integrity with rehabilitative justice frameworks.
MEMELIHARAAL-DHARURIYAH AL-KHAMSAH DALAM MENETAPKAN HUKUM PADA TATARAN PERUBAHAN SOSIAL Zamzami Zamzami
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 3, No 2 (2016): 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.v3i2.1039

Abstract

Hukum dan masyarakat adalah dua hal yang saling berkaitan. Pada satu sisi hukum mengatur kehidupan masyarakat, dan pada sisi yang lain,perubahan masyarakat berperan penting dalam pembentukan hukum. Dalam pembinaan hukum Islam, pemeliharaan terhadap al-dharuriyah alkhamsah sangat besar peranannya dalam penetapan hukum, baik yangada nash-nya dalam AlQur’an dan Sunnah, apalagi yang tidak ada nash-nya. Al-dharuriyah al-khamsahialah kepentingan atau tujuan disyariatkan hukum Islam yang mencakup lima hal pokok: memelihara agama, memelihara jiwa, memelihara akal, memelihara keturunan, dan memelihara harta. Tujuan penelitian ini adalah untuk membuktikan betapa penting pemeliharaan terhadap al-dharuriyah al-khamsah ini dalam pembinaan hukum Islam seiring dengan perubahan sosial. Data yang digunakan dalam pembahasan ini adalah bersumber dari literatur buku- buku perpustakaan, meliputi ushul fiqh, tafsir, dan hadits.Hasilnya, penetapan hukum Islam setelah zaman Rasulullah terkait dengan perubahan-perubahan sosial dan fenomena-fenomena sosial dalam rangka memelihara tujuan syara’ tersebut lebih dominan ditetapkan berdasarkan maslahah almursalah dan istihsan. 
Unofficial Premium Application Trading a Comparative Analysis between Conventional and Sharia Economics Concepts Muhammad Sarip; Fatroyah Ars Himsyah
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.v10i2.3014

Abstract

In the era of Disruption 5.0, the proliferation of applications has significantly impacted various aspects of community life. This study delves into the realm of buying and selling unofficial premium apps, aiming to analyze the influencing factors and practices from both Islamic and conventional economic perspectives. Adopting a descriptive qualitative approach, the research utilizes a phenomenological method to explore community explanations of the social conditions related to unofficial premium app transactions. Data collection involves library research and online sources, including books, journals, articles, YouTube, Google, and social platforms. The findings reveal that unofficial app transactions often exhibit elements of gharar, leading to user losses. This underscores the importance of transparency and adherence to transactional pillars and conditions to mitigate such losses. The study emphasizes the necessity for a comprehensive exploration of both conventional and Sharia economic concepts in light of current technological developments
Legal Uncertainty in Dispute Resolution of Ijarah Muntahiya Bi al-Tamlik Contracts in Indonesia: A ḥifẓ al-māl Perspective Moh. Nurul Huda; Bambang Tri Bawono; Gunarto Gunarto; M. Dias Saktiawan
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.v12i2.8952

Abstract

Legal uncertainty in the construction of ijarah muntahiya bi al-tamlik (IMBT) contracts within the Compilation of Sharia Economic Law (KHES) arises in two areas. First, ambiguity occurs in the transfer of ownership at the end of the lease term, which may use either a sale or a hibah (grant) scheme. Second, dispute resolution is often implemented disproportionately, causing financial harm to the musta’jir. This study employs normative juridical research with a statutory approach, as inconsistencies are found between legislation and fundamental legal principles. The findings indicate that ownership transfer in IMBT contracts should only be carried out through a sale mechanism. Using hibah is inconsistent with its classification as a tabarru’ contract and contradicts Article 362 of KHES. Moreover, dispute resolution should not treat the musta’jir as indebted and force the sale of the leased object before the contract term ends. Instead, proportional penalties, explicitly stipulated in the contract, provide a fairer mechanism. These results highlight the urgency of reformulating IMBT contract practice in Indonesia. For Sharia financial institutions, implementing clearer ownership transfer rules and fair dispute resolution mechanisms will enhance legal certainty, protect the parties involved, and strengthen public trust in Sharia-compliant financial products.
The Juridical Analysis of Criminal Acts on Negligence of Traffic Accidents that Cause Death Fitri Ida Laela
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.v9i1.2854

Abstract

This study aims to explain the problem, which is the basis or consideration of the judge in considering the elements of the criminal act of negligence in traffic accidents that result in the loss of other people's lives. This study is a literature study with a normative juridical approach. The data collection technique used in this research is the documentation technique. At the same time, the analysis technique used in this research is descriptive. The findings in this study are that the judge's considerations in determining criminal sanctions against perpetrators of criminal acts of negligence in traffic accidents are divided into two, namely, juridical considerations and non-juridical considerations. A judge gives juridical considerations to a case based on statutory regulations, indictments, and demands from the public prosecutor. The judge's consideration is also based on the facts found in the trial examination based on the evidence submitted. At the same time, non-juridical considerations include the judge's consideration of the factors that will burden the crime and the factors that relieve the perpetrators of the crime.
Implementation of Regional Regulation Number 4 of 2018 by the Bangkalan Regency Government in an Effort to Reduce Flood Intensity in Arosbaya District Reviewed from Islamic Law Siti Maysaroh; Abdul Rokhim; Diyan Isnaeni
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.v12i1.7148

Abstract

Flooding is a recurring environmental problem in Arosbaya Sub-district, Bangkalan Regency, which calls for an integrated and context-specific mitigation approach. This qualitative descriptive study examines flood mitigation efforts through the lens of community perceptions, policy implementation, and alignment with Islamic legal values. Data were collected through field observations, interviews, and documentation involving stakeholders such as BPBD Bangkalan, PUPR, and affected residents. Findings show that Regional Regulation No. 4 of 2018 provides a structured disaster mitigation framework, comprising pre-disaster (disaster-resilient villages and early warning systems), emergency response (evacuation, temporary shelters, and public kitchens), and post-disaster (rehabilitation of infrastructure and socio-economic recovery). These efforts are underpinned by Islamic legal principles including Hifz al-Nafs, Al-Ta’awun ‘ala al-Birr wa al-Taqwa, Al-Ihsan, Al-Takaful al-Ijtima’i, Islah, and Al-Tazkiyah al-Nafs, which emphasize the sanctity of life, collective responsibility, mutual aid, and moral development. However, the implementation faces significant obstacles such as limited resources, low public participation, inadequate early warning systems, poor inter-agency coordination, and the neglect of local wisdom. Although the community shows strong commitment, a lack of disaster education and limited access to information hamper active engagement. This study contributes by offering a normative-empirical model that integrates Islamic law with contemporary disaster mitigation frameworks, recommending enhanced public outreach, stronger institutional collaboration, and the incorporation of local knowledge to achieve more sustainable and inclusive flood mitigation strategies
TAUJÎH AL-ÂYAT SEBAGAI ALTERNATIF MENYIKAPI POLEMIK NASAKH Abdul Jalil
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 6, No 2 (2019): 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.v6i2.2469

Abstract

This article describes some of verses of the Qur’an in which by some Islamic scholars known as nâsikh-mansûkh (the abrogating and abrogated [verses]), although naskh (abrogation) itself still leaves some weaknesses either from conceptional side or operational side, the polemic relating to naskh (abrogation) is still lively discussed. The focus of the study was on how to offer alternative solutions in responding nasakh, so that it does not fall into the problem of pros and cons regarding nasakh. This research is a library research with descriptive-comparative-analytical method and normative-philosophical approach. The conclusion of the study shows that the deletion of verse with another verse that clearly describes about the Allah’s saying should be free from taghyîr (conversion) and tabdîl (alteration), even though there is a dalil (evidence) that can be used as a hujjah (logical reason) that naskh can happen. It does not mean abrogating the verse of the Qur’an, but it is the earlier sharia (Islamic law) that will be abrogated, then enacted the sharia of prophet Mohammad. A claim of contradiction found in the verses of Qur’an is actually created from thoughts and point of view of each ulama’ (Islamic scholars), not from the text itself. Therefore, selecting and using alternative ways in understanding a verse that seems to contradict each other, such as using verse conciliation and taujîh al-ayat (verse orientation) based on its place is an inevitability to avoid polemic of naskh (abrogation)
The Principle of Prudence in Murabahah Financing: An Empirical Study at the LKMS MM Sejahtera Cooperative in Bengkulu City Anwar Junaidi; Romi Adetio; Alzarah Maharani
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.v10i2.4905

Abstract

The purpose of this research is to determine the application of the precautionary principle in the distribution of murabahah financing in the LKMS MM Sejahtera cooperative, Bengkulu City. This research uses qualitative research methods. The results of the research show that in applying the precautionary principle, Cooperative Institutions analyze prospective customers based on the 5C principles, such as character, capacity, capital, collateral, and conditions of economy. The character principle involves examining the customer's credit history, direct surveys, and information from the Financial Information Services System (SLIK), while the capacity principle involves evaluating the customer's income, debt, and living expenses. The capital principle assesses the customer's capital, the collateral principle assesses the guarantee submitted by the customer, and the condition of economic principle assesses the customer's ability to pay installments. The MM Sejahtera LKMS Cooperative faces obstacles in applying the principle of prudence, especially related to the principle of colleteral or guarantee. Customers often have a guarantee that is less than the amount of financing submitted, so the cooperative cannot provide financing. To overcome this, cooperatives look for solutions by asking for additional guarantees from customers, or finding guarantors from the cooperative's internal environment

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