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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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Disparities in Land Economic Value in Public Acquisition: Contextual Islamic Legal Reconstruction of Regulatory Gaps and the Threat of Land Mafia Agus Triono; Andriyan Syaputra; FX Sumarja; Ima Frafika Sari; Makmur Harun
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.v13i1.9147

Abstract

This study examines disparities in land economic value in public land acquisition in Indonesia, focusing on distortions generated by land mafia practices. Employing a normative juridical approach with statutory, conceptual, and comparative analyses, this research integrates land value theory, justice theory (John Rawls), legal philosophy (Gustav Radbruch), and maqāṣid al-sharī‘ah as developed by Jasser Auda. The findings reveal that land value inequality is not merely a market-driven phenomenon but is structurally produced by regulatory loopholes, weak law enforcement, and institutional vulnerability, which collectively enable land mafia networks to manipulate land valuation, ownership documentation, and compensation mechanisms. These conditions result in unfair redistribution of economic benefits, marginalization of lawful landholders, and delays in public development projects. This study argues that existing positive law frameworks, particularly Law No. 2 of 2012 on Land Acquisition for Public Interest, emphasize formal legality but insufficiently address substantive justice and property protection. To address this gap, the research proposes a contextual reconstruction of Islamic law grounded in ḥifẓ al-māl (protection of property), ‘adl (justice), and maṣlaḥah (public interest). This reconstruction operationalizes maqāṣid al-sharī‘ah into concrete regulatory strategies, including transparent valuation standards, participatory compensation models, integrated digital land administration, institutional accountability, and community legal empowerment. The novelty of this study lies in transforming maqāṣid al-sharī‘ah from a normative ethical framework into an operational legal instrument for land governance reform. By integrating Islamic legal principles with positive law, this research offers a conceptual model for addressing land value inequality and strengthening protection against land mafia practices, contributing to the development of a more just, transparent, and socially sustainable land acquisition system.
The Rights of an Apostate Wife Whom Her Husband Divorces Based on The Judgment of Islamic Religious Judges Nurlaini Milo Siregar; Muhammad Syukri Albani; Imam Yazid
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.v10i1.2940

Abstract

This study delves into the analysis of the rights of apostate wives divorced by their husbands, with a specific focus on the decision rendered by the Klaten Religious Court with case number 0082/Pdt.G/2022/PA. Klt. The research aims to address existing gaps in Marriage Law No. 1 of 1974, as amended by Law No. 16 of 2019, and the compilation of Islamic law, particularly regarding the need for detailed regulations on the legal consequences following post-divorce due to apostasy (riddah). Employing a normative juridical methodology through literature research, the study adopts a comparative approach to analyze the data. The findings reveal that the Klaten Religious Court's decision, registered as 0082/Pdt.G/2022/PA, recognizes apostasy as a valid ground for the dissolution of marriage, in accordance with Article 114, letter (h) of the compilation of Islamic Law listing reasons for marriage dissolution. The court, acknowledging apostasy as grounds for termination, granted the apostate wife the rights to iddah and Mut'ah. Consequently, the ex-wife is entitled to assert her rights. In conclusion, the decision of the Klaten Religious Court addresses the rights of apostate wives post-divorce, yet underscores the necessity for a more detailed and comprehensive legal framework to guide similar cases and safeguard the rights of the involved parties. 
ANALISA KRITIS GUGATAN VOLUNTAIR TERHADAP PRAKTIK MALADMINISTRASI DI BIDANG PELAYANAN PUBLIK Ade Kosasih
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 3, No 1 (2016): 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.v3i1.1022

Abstract

The presence of concept positive fictitious decision in the Laws Of Administration of Government is an attempt to fight maladministration in the field of public service. In order to decision of positive fictitious get the laws power, Based on Laws Adpem should be applied for the determination to PTUN through lawsuit voluntair. Lawsuit voluntair is lawsuit petition affirmation of a right in the absence of other parties that made opponents (ex parte). If Lawsuit voluntair was granted by PTUN without the presence of the defendant, it could have voluntair lawsuit that originally expected to provide protection to the public, even cause new problems, For example court decision was contrary to the laws and regulations or prejudice the others. To avoid erroneous determination, then the judge in the lawsuit voluntair examination should be careful and cautious. The judge should instruct the defendant to attend and asked for information, although only as a witness and not as opponent. Furthermore, voluntair lawsuit could not be filed due to the passive attitude of the agency or government officials on a request for cancellation of the concrete decisions.
Legal Analysis of Islamic Economic Law on Hybrid Contracts in Islamic Financial Institution Products Anita Niffilayani; Le thi thao
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.v10i2.3002

Abstract

This article is intended to philosophically analyze the existence of hybrid contracts or al-’uqûd al-murakkabah (complex contracts) or multi-contracts. The research focuses on the opinions of hadith scholars and fiqh muamalah (Islamic commercial jurisprudence), as well as their applications in Islamic financial institutions. This is crucial because a single contract form cannot adequately respond to the current financial conditions. Transactions are always dynamic and influenced by the financial industry at national, regional, and international levels. This research is a qualitative-literature study with a philosophical-normative approach. It analyzes the hadith texts and scholars' views philosophically, then juxtaposes the ideal-philosophical aspect with the reality in Islamic banking. The study concludes that, first, the Sharia economic law analysis of hadith related to the hybrid contract model explains the prohibition of bai’ataini fi bai’atin (two sales and purchases in one), the prohibition of shafqataini fi shafqatin (two agreements in one), and the prohibition of bay' and salaf (sales agreement and advance payment for goods). Second, the construction of the hybrid model in Islamic banking aims to develop al-’uqûd al-mutaqâbilah (conditional contracts) and al-’uqûd al-Mujtami’ah (similar contracts), implemented in housing financing. 
Reversed Burden of Proof in the Procedural Law of Corruption Cases: A Normative Study of Justice and Legal Certainty in Positive and Islamic Law Ahmad Hadi Prayitno; Achmad Arifulloh; Toni Triyanto; Setiawan Widiyoko; Moh Aris Siswanto
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.v12i1.8182

Abstract

This study examines the reversed burden of proof in the procedural law of corruption cases in Indonesia, focusing on its compatibility with the principles of justice and legal certainty from both positive and Islamic legal perspectives. The method used is normative legal research with a comparative approach between national positive law regulations and Islamic legal principles. The findings show that the reverse burden of proof in Indonesia, as regulated in positive law, is an important tool to combat corruption by shifting the burden of proof to the defendant to prove that their wealth is not derived from corruption. However, the procedural application of this mechanism within the criminal justice system still faces several challenges, including inconsistencies in its enforcement and the limited scope of existing statutory provisions, thereby failing to fully ensure legal certainty. The study of Islamic law emphasizes the importance of the principles of justice (‘adl) and legal certainty (yaqin) in law enforcement, highlighting the need to align the reverse burden of proof mechanism with these values to avoid injustice toward the defendant. Therefore, this study recommends integrating Islamic legal principles with the positive law framework and adopting the “beyond a reasonable doubt” principle as a complementary approach to strengthen fair and legally certain corruption eradication efforts. The academic contribution of this research lies in advancing the discourse of fiqh siyasah and Islamic criminal law by situating the reversed burden of proof within a procedural structure grounded in sharia-based justice and legal certainty, while offering normative recommendations for reforming Indonesia’s evidentiary system in criminal procedure to make it more responsive to Islamic values and universal principles of justice
Community Responses to Contemporary Jihad Movements and Their Impact on Social Religion in Indonesia Sukiati Sukiati; Milhan Milhan
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.v8i2.2814

Abstract

Contemporary jihad movements, especially those related to Islamic extremism, have become controversial in the international community. The purpose of this study is to explore how society responds to contemporary jihadist movements, as well as what factors influence their response. This research uses a qualitative approach by collecting data through interviews with several respondents: academics, activists, and the general public. The research results show that people's responses to contemporary jihadist movements vary widely, from those who reject them to those who support them. Factors that influence people's responses include religious beliefs, life experiences, media influences, and political factors. The results of this study have important implications for the parties involved in dealing with contemporary jihadist movements. Efforts are needed to increase public education and understanding of the true teachings of Islam, as well as reduce social and political injustice, which has triggered the emergence of the contemporary jihad movement. In addition, the parties involved must also strengthen inter-religious and intercultural dialogue to create better understanding and tolerance among people. With a more comprehensive and integrated approach, it is hoped to reduce the influence and number of followers of contemporary jihadist movements and encourage the creation of better peace and security worldwide
TINDAK PIDANA KORUPSI PADA PENGADAAN BARANG DAN JASA DI LEMBAGA PEMERINTAHAN (Suatu Tinjauan Analisis Preventif) Fauzan Fauzan
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.v1i2.52

Abstract

Pengadaan barang dan jasa di lembaga pemerintahan seyogyanya dilakukan berdasarkan analisakebutuhan dari setiap instansi pemerintahan, dan dilakukan berdasarkan peraturan perundang-undangan.Pengadaan barang dan jasa yang kini dilaksanakan oleh Unit Layanan Pengadaan disetiap instansi dandilakukan melalui Layanan Pengadaan Secara Elektronik (LPSE), ternyata belum dapat menghadang perilakukorupsi, kolusi dan nepotisme dari berbagai pihak, baik dari panitia pengadaan maupun pihak rekanan. Tulisanini mencoba melihat beberapa aspek pidana dari berbagai sudut pandang sekaligus menemukan upaya solusiperspektif analisis preventif.Kata Kunci : Tindak Pidana, Korupsi, Pengadaan Barang dan Jasa
Legal Protection of Students Who Are Victims of Abuse of Educators in Asahan District in Terms of Law No. 35 Of 2014 Concerning Child Protection Yani Zandroto; Hafsah Hafsah; Hasan Matsum
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.v7i1.2584

Abstract

This study examines the violence of educators against their students that occurred in the Asahan District. This case is interesting to study because educators should not perpetrate violence against their students, and students should receive guaranteed protection from such acts of violence. The focus of the problems studied is: 1) forms of legal protection provided by Law No. 35 of 2014 for students, and 2) the role of the government, school supervisors and education staff in providing legal protection for students who experience acts of abuse by educators in the school environment. This type of research is qualitative with a juridical and normative approach. This study found that the role of the Asahan District Government in efforts to prevent acts of abuse and violence against students/children both within the school environment and outside the school environment is by establishing a Child-Friendly District (LKA) as a form of concern for child growth and development and safe and comfortable life For children. The role of the Asahan Regency Government in efforts to prevent acts of abuse and violence against students/children both within the school environment and outside the school environment is by establishing a Child-Friendly District (LKA) as a form of concern for child growth and development and safe and comfortable life for children. Legal protection for children that has been carried out, if based on Law No. 35 of 2014, more serious efforts are needed so that the realization of the values of the law can be realized properly.
Consumer Protection in the Digital Era: Challenges and Solutions from an Islamic Legal Perspective Dwi Edi Wibowo
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.v11i2.4752

Abstract

Technological advancements have transformed buying and selling transactions from conventional to digital, providing convenience for people in conducting transactions. However, this progress also brings new challenges for consumers, particularly regarding protection from fraud, privacy issues, and fulfillment of consumer rights. Consumers' personal data stored in digital systems is vulnerable to misuse, and there is no guarantee that the goods or services received match the agreement with the seller. This study aims to analyze consumer protection challenges in the digital era from an Islamic legal perspective and offers solutions based on sharia principles. This research employs a normative legal method with a literature study approach. The findings reveal that Islamic law, through primary sources such as the Qur'an, Sunnah, Ijma', and Qiyas, as well as muamalah principles such as ash-shiddiq (honesty), al-adl (justice), and al-ihsan (benevolence), provides a strong foundation for consumer protection in the digital era. The study highlights that Islamic law not only emphasizes technical protections but also ethical and moral aspects in digital commerce. In conclusion, consumer protection solutions from an Islamic perspective include three main aspects: transparency in digital transactions, strengthening sharia-based regulations, and enhancing consumer education. By applying the values of justice, honesty, and responsibility in transactions, the goal is to establish safe and fair digital transactions for all parties involved
AKOMODASI BUDAYA LOKAL DALAM PUTUSAN TARJIH MUHAMMADIYAH Supardi Mursalin
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.v5i2.1444

Abstract

The cultural appreciation in Muhammadiyah seemed to be unfavorable. Muhammadiyah residents are considered to have anti-cultural tendencies, and in reality Muhammadiyah is known as a missionary movement that is very anti against popular religious cultures such as tahlilan, yasinan, and istighasah. This impression is not entirely true, because one of the institutions in Muhammadiyah, Majelis Tarjih and Tajdid, discussed religious issues that emerged in the community to find solutions, solutions or answers. The issue of the Veil in the Tarjih Muhammadiyah Decision has somewhat revealed a desire to accommodate local culture with the verdict applied. This accommodation, textually the verdict is considered still shy, but in the field in general it has adjusted to the local culture or even with the progress of civilization.

Page 4 of 31 | Total Record : 303

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