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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 312 Documents
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Community Rights Protection as a Pillar of Suistainable Mining in INdonesia : A Review of Government and CSR Roles From Environmental Law and Islamic Environmental Jurisprudence Niken Yulian Yusuf; Maskun Maskun; Arfin Hamid; Muhammad Mutawalli Mukhlis; Nurul Hidayat Ab Rahman
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.v12i2.8359

Abstract

Sustainable mining in Indonesia requires balancing economic extraction with environmental protection and community rights. However, current frameworks—government regulation and mandatory CSR—often face implementation gaps and lack ethical grounding. This study examines how integrating Islamic environmental jurisprudence with Indonesia’s environmental law and CSR obligations can better protect community rights and promote sustainable mining practices. Using a normative empirical legal approach, the study analyzes Scopus-indexed literature, statutory instruments (e.g., Law No. 32/2009), and Islamic legal sources. It maps conventional mechanisms such as land-right recognition, FPIC, regulatory oversight, and CSR, and extends the analysis with: (1) a comparative integration of government and CSR roles with Islamic principles (amanah, ʿadl, ḥifẓ al-bi’ah), and (2) case studies from Bangka Belitung and other mining regions showing faith-based community mobilization. Findings show that coupling legal mechanisms with Islamic ethical imperatives enhances community agency: government policies gain moral legitimacy, CSR becomes a faith-driven commitment, and communities use fatwas and customary-Islamic norms to demand environmental justice and corporate accountability. Evidence shows regions applying Islamic fatwas on “environmentally friendly mining” benefit from stronger social licenses and improved local welfare. This study contributes an integrative governance model that combines legal obligations, CSR practices, and Islamic ethics to prioritize community rights and ecological sustainability in Indonesia’s mining sector.
Implementation of Corporate Social Responsibility (CSR) and Community Response around the Company PT. Bumi Sari Prima Pematang Siantar in the Perspective of Islamic Business Ethics Lidya Asterina; Mustafa Kamal Rokan; Marliyah Marliyah
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.v9i1.2820

Abstract

This study aims to deeply analyze about: 1) PT. Bumi Sari Prima Pematang Siantar, 2) Implementation of PT. Bumi Sari Prima Pematang Siantar to the Community and the Response of the community around the PT. Bumi Sari Prima Pematang Siantar, and 3) Shariah Enterprise Theory (SET) Review of PT. Bumi Sari Prima Pematang Siantar. This research is a field research with a descriptiveinductive type of qualitative research. The subjects of this study were the community and employees of PT. Bumi Sari Prima Pematang Siantar. The results showed that PT. Bumi Sari Prima Pematang Siantar is carried out in the form of (1) Giving Cash to the surrounding community, (2) Handing over assets / grants to be used, (3) Providing the company's products to the community every year, (3) Providing Free Services to people who have interests, (4) Allowing the use of company facilities for community activities, (5) Recruiting workers in the surrounding environment (6) providing social assistance, (7) Management and Protection of the environment, (8) Human Resource Development. Implementation of PT. Bumi Sari Prima Pematang Siantar was well distributed, and received a positive response from the community around the company for the company's CSR program. Shariah Enterprise Theory review of the implementation of PT. Bumi Sari Prima Pematang Siantar when viewed in terms of objectives, that this program is in accordance with the principle of sharing Adil, Maṣlaḥah and Raḥmatan lil‟alamῑn
KONTEKSTUALISASI KONSEP PERANG DALAM PERSPEKTIF SOSIOLOGIS-NORMATIF Wira Hadi Kusuma Hadi Kusuma
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.v1i2.56

Abstract

Dualisme fungsi agama antara peace dan violence merupakan hal penting untuk selalu mendapattempat untuk dikaji dan didiskusikan, karena hal ini dibutuhkan oleh semua orang. Asumsi agama sebagaiproduk war meruapakan salah salah satu bentuk kesalahan sosial yang dilakukan pemeluk agama-agama.Melalui tulisan ini perlu diketengahkan pemahaman kontekstual dalam melihat hubungan agama yang akanmelahirkan kedamaian dan agama yang melahirkan kekerasan bahkan perang secara proporsional. Secaratekstual semua agama mengajarkan ideologi seolah dianggap legitimasi melakukan kekerasan, tetapi hal inibila dikaji secara komprehensip menimbulkan pertentangan bahwa agama sumber kedamaian. Dalam konteksmasyarakat multicultural, Indonesia mutlak agar penganut agama mau menerima dan mengakui keberadaankelompok agama lain serta bersedia hidup berdampingan, sehingga melahirkan perdamaian dan kesejahteraan
Assessing Corporate Sustainability through an Islamic Ethical Responsibility Framework: Evidence from Multinational Food and Beverage Firms in Indonesia Sabbar Dahham Sabbar; Sitti Nurjannah; Subehan Khalik; Mursalim Nohong; Arifuddin Mannan; Omer Mohamed Taha Alkanan; Zainab Mardhi Kazim
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.v13i1.9388

Abstract

: Corporate sustainability has become a central paradigm in contemporary business governance. However, the prevailing Environmental, Social, and Governance (ESG) frameworks remain limited in accommodating context-specific legal and ethical traditions, particularly those derived from Islamic jurisprudence. This study addresses this gap by developing the Islamic Ethical Responsibility Framework (IERF), an analytical framework that operationalizes Islamic legal reasoning into a set of measurable criteria for assessing corporate sustainability. Employing a qualitative doctrinal legal research design combined with structured documentary analysis, the study examines the sustainability reports of multinational food and beverage companies listed on the Indonesia Stock Exchange (IDX). The IERF evaluates corporate sustainability through four analytical dimensions: Ethical Responsibility, Sustainable Products, Environmental Strategies, and Business Sustainability. The findings reveal substantial variation in the sustainability performance of the companies examined. Ethical Responsibility emerged as the most comprehensively disclosed dimension, reflecting strong corporate commitments to governance, transparency, and stakeholder accountability. In contrast, Environmental Strategies exhibited a comparatively lower level of disclosure, indicating that the integration of environmental stewardship into corporate sustainability practices remains a significant challenge. These findings further suggest that conventional ESG-oriented assessment frameworks do not fully capture the broader legal and ethical responsibilities emphasized in Islamic jurisprudence. Theoretically, this study contributes by operationalizing Islamic legal reasoning into a structured framework for corporate sustainability assessment and demonstrating how the principles of maqāṣid al-sharīʿah, amānah, ʿadl, khilāfah, and maṣlaḥah can serve as normative foundations for contemporary corporate governance. By bridging Islamic jurisprudence with the global sustainability discourse, the Islamic Ethical Responsibility Framework (IERF) offers a contextually grounded model for evaluating corporate sustainability within the broader framework of Contextualized Islamic Law
Reconstructing the Oversight System for Public Procurement in Indonesia: A Legal and Normative Analysis of Corruption Prevention Mujahidin Mujahidin; Amir Ilyas; Marwati Riza; Aswanto Aswanto; Muhammad Mutawalli Mukhlis
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.v13i1.10446

Abstract

The oversight system established under Presidential Regulation No. 16 of 2018 aims to facilitate the achievement of public procurement objectives. However, challenges remain in realizing these objectives due to legal non- compliance among stakeholders, as evidenced by the high level of corruption in public procurement. This research investigates the reconstruction of the oversight system for public procurement in Indonesia. Using a normative legal research method, the study focuses on analyzing and interpreting legal norms, principles, and their impact on society. The research examines the legal framework governing public procurement, including the systematic arrangement of regulations, synchronization between laws, historical developments, and comparisons with oversight systems in other jurisdictions. The findings reveal that the oversight of public procurement is regulated under Presidential Regulation No. 16 of 2018, where the Inspectorate of Government Internal Supervisory Apparatus (GISA) is responsible for initial investigative oversight. If indications of corruption are found, GISA refers the case to Law Enforcement Agencies (LEA) for further investigation. GISA's role is embedded in risk management to prevent corruption, while the Corruption Eradication Commission (CEC) highlights key preventive measures. This study emphasizes the need for stronger synchronization between regulations and enhanced risk management strategies to ensure effective oversight of public procurement.
Reframing MSME Sustainability through Contextualized Islamic Law and Local Wisdom: Financial Knowledge, Risk-Taking, and Dynamic Capability Perspective Yuli Agustina; Sumiati Sumiati; Siti Aisjah; Risna Wijayanti
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.v13i1.10860

Abstract

Eco-friendly small and medium enterprises (SMEs) increasingly face sustainability challenges driven by financial uncertainty, competitive pressure, and environmental responsibility. This study examines how financial knowledge, financial skills, and financial risk-taking influence SME sustainability, while testing the mediating role of dynamic capability and the moderating role of local wisdom. Grounded in the dynamic capability framework, this research argues that financial competence alone is insufficient unless entrepreneurs can transform resources into adaptive and innovative capabilities. A quantitative approach was employed using survey data collected from eco-friendly SME owners across East Java Province, Indonesia. The proposed moderated mediation model was analyzed using Structural Equation Modeling (SEM). The results demonstrate that financial knowledge, financial skills, and risk-taking behavior significantly enhance SME sustainability. Moreover, dynamic capability partially mediates these relationships, indicating that financial competence contributes to sustainability primarily through the ability to sense opportunities, seize strategic actions, and reconfigure resources in response to market and environmental changes. The moderation analysis further reveals that local wisdom strengthens the relationship between financial competence and dynamic capability, as well as its subsequent effect on sustainability. These findings highlight that culturally embedded values and community-based practices enhance entrepreneurial resilience and support sustainable decision-making. This study contributes theoretically by integrating financial behavioral factors, dynamic capability theory, and local cultural context into a unified sustainability model for SMEs. From the perspective of Contextualized Islamic Law, these findings resonate with the principles of maqāṣid al-sharīʿah, particularly the preservation of wealth (ḥifẓ al-māl), public welfare (maṣlaḥah ʿāmmah), social cooperation (taʿāwun), and environmental protection (ḥifẓ al-biʿah), which collectively provide a normative foundation for sustainable entrepreneurship. Accordingly, the sustainability of eco-friendly SMEs may be understood not only as an economic objective but also as the realization of Islamic ethical values through the integration of financial competence, adaptive capability, and local wisdom. Practically, the study suggests that SME development programs should emphasize not only financial education but also capability-building interventions aligned with local wisdom to strengthen long-term sustainability in green-oriented enterprises
Sharī‘ah-Based Governance as a Contextual Normative Framework: Relevance and Reconstruction in Modern State Governance Muhammad Abu Dzar; Muhammad Azizzullah Ilyas; Ifansyah Putra; Essa Lafi Hassan Al Smadi
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.v13i1.10569

Abstract

This article reconceptualizes Siyāsah Syar‘iyyah as a dynamic normative-epistemological framework in contemporary state governance. Despite the growing body of literature on Islamic governance, prior studies have largely remained at the descriptive or compatibility level, without offering a systematic methodological reconstruction capable of bridging classical jurisprudence and modern political realities. Addressing this gap, this study repositions Siyāsah Syar‘iyyah as an ijtihād-based model grounded in maqāṣid al-sharī‘ah, with an emphasis on public interest (al-maṣlaḥah al-mu‘tabarah), justice (taḥqīq al-‘adl), prevention of harm (raf‘ al-mafsadah), and consideration of long-term consequences (i‘tibār al-ma‘ālāt). Using a normative-doctrinal qualitative approach, this research examines the jurisprudential thought of al-Māwardī, al-Qarāfī, and Ibn al-Qayyim alongside contemporary debates on law and the state. This study argues that governance belongs to the domain of revisable norms (aḥkām mutaghayyirah), so that institutional forms such as constitutionalism and democracy can be understood as evaluative instruments, not fixed Islamic models. The findings indicate that Siyāsah Syar‘iyyah is compatible with modern political systems — including democracy and constitutionalism — as long as they are oriented toward justice and the public good, since such systems function as evaluative instruments (wasā‘il), not fixed Islamic models. The contribution of this research lies in the reconstruction of Siyāsah Syar‘iyyah as a contextual, maqāṣid-based, and outcome-oriented normative framework, operationalized through three strategic mechanisms: (1) the institutionalization of collective ijtihād in governance; (2) maqāṣid-grounded legislation; and (3) the operationalization of Islamic political ethics in public administration. In the Indonesian context, this framework demonstrates that Islamic governance values can be substantively embedded within constitutional practice, religious court jurisprudence, and sharia-based legislation — such as the KHI, KHES, and regulations on zakat and waqf — without necessitating a formal Islamic state
Thematic Analysis Human Rights in the Hadith: Legal Foundations and Philosophical Perspective in Islamic Law Fitri Sari; Muhammad Mujib Baidhowi; Rizqa Amelia; Hanung Sito Rohmawati; Mujiburrohman Mujiburrohman
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.v13i1.10660

Abstract

This article aims to explore and analyze human rights from the perspective of the Prophet Muhammad's hadith. In this context, the hadith serves as the second source of law in Islam after the Qur'an, examining both Islamic legal viewpoints and philosophical aspects to gain a more comprehensive understanding. The author argues that the concept of human rights in Islam shares several similarities with the concept of modern human rights, as well as some differences in terms of interpretation, sources, and emphasis on specific principles. This research employs a qualitative method with a literature study approach, utilizing Islamic law and philosophical perspectives. The findings of this article reveal that hadith addresses fundamental aspects that have implications for Islamic law related to human rights, including the right to property or wealth, freedom of religion, and justice. Furthermore, when interpreting hadith related to human rights philosophically, several meanings emerge, including universal equality and justice, social responsibility and solidarity, freedom of religion and concern for individual freedoms, law, justice, and individual rights, as well as human dignity. Through the hadith as a guide for Islamic teachings, a moral and ethical foundation, along with principles of justice and equality, is established, creating a robust basis for inclusivity, empathy, and social responsibility in the context of human rights.
The Minimum Age Of Criminal Responsibility In Brunei Darussalam: A Comparative Analysis Of The Penal Laws Ahmad Masum; Yusuf Ibrahim Arowosaiye; Hj Hanan Hj Abd Aziz; Rajali Aji
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.v13i1.10793

Abstract

This article examines the Minimum Age of Criminal Responsibility (MACR) in Brunei Darussalam, and the intricacies of its two legal systems including the civil law and the Syariah law. Central to juvenile justice, the issue of criminal responsibility concerns moral culpability and developmental capacity, especially amidst Brunei Darussalam's low seven-year MACR, which contrasts with international advocacy for higher thresholds. The article examines the conceptual principles of MACR and evaluates its implementation in accordance with the international child rights norms, such as the United Nations Convention on the Rights of the Child (UNCRC), the Beijing Rules, and the Riyadh Guidelines. Through a qualitative doctrinal approach, it analyses the current legislation and practice and finds that despite the legal context being welfare-focused, the low MACR negatively influences the possibility of a rehabilitative juvenile justice system. To meet the international standards, the article recommends that the MACR should be raised, and the age limits in both legal systems be equalised to align with each other. This article enriches the global discussion by providing a focused analysis of juvenile criminal responsibility in a Syari'ah context and participating in the comparison with other jurisdictions maintaining low MACR levels.
Reforming the Fair Use Doctrine in Indonesian Intellectual Property Law: Addressing AI and Digital Creativity through Islamic Legal Perspectives Ziana Mahfuzzah; Putri Rumondang Siagaian; Cheryl Patriana Yuswar; Muhammad Citra Ramadhan; Dametken Medikhanovna Turekulova
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.v13i1.9117

Abstract

The rapid advancement of artificial intelligence (AI) and digital creativity has introduced new challenges to Indonesia’s Intellectual Property Rights (IPR) legal framework. The fair use doctrine has not been explicitly regulated under Indonesia’s Copyright Law, resulting in legal uncertainty when copyrighted works are utilized as AI training data or incorporated into digital content. From the perspective of Islamic law, maqāṣid al-sharīʿah offers an ethical and normative framework that balances copyright protection (ḥifẓ al-māl) with the promotion of innovation and intellectual development (ḥifẓ al-ʿaql), thereby fostering justice, public welfare (maṣlaḥah), and an adaptive IPR system. This study aims to analyze the relevance and limitations of the fair use doctrine in the context of AI and digital creativity and to formulate an appropriate direction for legal reform in Indonesia. Unlike previous studies that have tended to examine fair use, software development, or AI-related copyright issues separately, this research integrates intellectual property law, AI governance, and Islamic legal principles within a comprehensive analytical framework. This integrative approach constitutes the novelty of the study by positioning maqāṣid al-sharīʿah as a normative foundation for reforming the fair use doctrine in the era of artificial intelligence and digital creativity. The study employs a normative legal research method using conceptual and statutory approaches through the analysis of primary, secondary, and tertiary legal materials. The findings demonstrate the necessity of reforming the fair use doctrine through explicit legal regulation, clear assessment criteria, equitable compensation mechanisms, and broader coverage of AI-related activities. The study further proposes a maqāṣid al-sharīʿah-based fair use reform model that balances the economic rights of copyright holders (ḥifẓ al-māl) with the advancement of innovation and knowledge (ḥifẓ al-ʿaql), while distinguishing between commercial and non-commercial AI utilization. Such reform is consistent with the objectives of maqāṣid al-sharīʿah in safeguarding intellectual property rights while simultaneously encouraging innovation, thereby contributing to the development of an adaptive and equitable IPR system in Indonesia

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