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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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Identity Politics and Prospective Leader Selection: A Perspective from Fiqh Siyasah Ahmad Annizar; Zainul Fuad; M. Syukri Albani Nasution
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.v11i1.3445

Abstract

This research delves into the intricate dynamics of identity politics within the framework of selecting prospective leaders, with the overarching goal of reconciling perspectives from both the state and Islamic law to foster societal stability and harmony. Employing qualitative research methods, including observation, interviews, and documentation, the study embarks on a comprehensive exploration of political participation within Fiqh Siyasah. It underscores the imperative of entrusting leadership roles to individuals who demonstrate unwavering commitment to upholding Islamic principles in politics. This research shed light on the adaptable nature of Fiqh Siyasah, which continuously evolves to address society's evolving needs and challenges. Through a case study focusing on the political engagement of the Kotasan Village Community in the 2022 Village Head Election, the research elucidates the multifaceted dimensions of political participation within an Islamic context. Despite the inherent mandate to elect leaders for the betterment of societal welfare, the study reveals prevalent challenges, notably the pervasive influence of money-driven politics that often supersedes the foundational principles of Fiqh Siyasah. This research serves as a significant contribution to the discourse on identity politics and leadership selection, offering valuable insights into the nuanced interplay between religious principles and political realities in contemporary societies.
Legal Protection for Child Offenders in Bullying Cases: Challenges and Deviations in Restorative Justice Practice Ahmad Arifulloh; Andri Winjaya Laksana; Moh Aris Siswanto; Toni Triyanto
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.v12i2.9425

Abstract

This study examines legal protection for children as perpetrators of bullying through the application of restorative justice. The purpose of the research is to analyze how restorative justice is implemented in resolving bullying crimes committed by minors, identify the obstacles encountered in practice, and formulate relevant solutions. This research is normative legal research using a statutory approach. Data were collected through literature studies, including legislation, academic literature, and previous research findings, and then analyzed qualitatively. The results indicate that applying restorative justice to children who commit bullying can be carried out through the diversion mechanism, namely, the transfer of juvenile case settlement from the formal criminal justice process to non-litigation mechanisms outside the court system. This mechanism is in accordance with Law Number 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes the best interests of the child. From the perspective of criminal law theory, the implementation of restorative justice represents a positive deviation from the retributive justice concept, which is oriented toward punishment and retribution. Restorative justice shifts the focus of criminal justice from punishing offenders toward restoring losses experienced by victims, repairing social harm caused by the crime, and reintegrating relationships between victims, offenders, their families, and the community. The academic contribution of this study lies in strengthening the discourse on restorative justice in bullying cases involving minors by providing normative arguments that the restorative approach aligns more closely with humanitarian principles, children's rights, and the best interests of the child than conventional retributive approaches. These findings offer theoretical and practical insights for policymakers, law enforcement officers, educators, and child protection institutions to optimize diversion mechanisms to address bullying that emphasizes punishment rather than social recovery and build awareness, empathy, and social recovery for all parties involved
A Critical Study of the Wage System and Practice in Indonesia From the Maqashid al-Shariah Nur Mardhiah
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.v9i2.2920

Abstract

This study aims to analyze the wage system and practice in Indonesia from the perspective of Maqashid al-Shariah. The indicators can be seen from several applicable policies, whether they have brought benefits to the workers/laborers or not. This can be answered with an in-depth study and study seen from several aspects, including; list of decent living needs (KHL), specialization and division of labor as the basis for setting wages, wage transparency, and human resource development within companies in Indonesia. As for the methods and techniques of analysis using the content of data analysis carried out qualitatively by making interpretations of policies, rules, and empirical data obtained, then concluded as answers to research problems. Findings in the field reveal that from systems and policies, as well as practices, some companies are still unable to provide decent wages to workers/laborers or even do not meet decent living standards (KHL) in Indonesia. In addition, there are policies and regulations that come from the government or companies that are not in line due to internal factors of the company itself. This research is here to try to provide an affirmative solution by integrating the indicators of the benefit of the Maqashid al-Shariah on improving the policy and wage system in Indonesia
AKTUALISASI ASURANSI SYARIAH DI ERA MODERN Yovenska L.Man
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 4, No 1 (2017): 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.v4i1.1012

Abstract

Abstract: Takaful is one of the most promising undertakings. People are expected to be involved in it, because of the principle of mutual help (tawa’un). Basically, Takaful and conventional insurance have advantages and disadvantages of each. Therefore, as a customer must understand and can consider well which insurance is most appropriate to use. Muslims should use sharia insurance or gradually abandon conventional insurance. The Takaful company obtains profit sharing from the management of funds collected on the basis of the tijarah (mudaraba) agreement. Takaful companies receive ujrah (fee) from the fund management of akar tabarru ‘(grant). There are several other tijarah contracts other than mudharabah that can be used in the practice of Takaful insurance, namely akad wakalah, wadi`ah and musyarakah.
The Law of Circumcision for Women According to the Syafi'i Mazhab, Maqashid Sharia, and Constitution Husni Mubarok; M. Jamil; Akmaluddin Syahputera
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.v10i1.2948

Abstract

The implementation of self-circumcision in Indonesia was sheltered by the government, in this case, the Ministry of Health, in 2010 with the issuance of Regulation of the Minister of Health of the Republic of Indonesia Number 1636/MENKES/PER/XI/ 2010 concerning Female Circumcision. Problems arose when the 2010 rule was repeated in 2014, resulting in discomfort among the people of Marbau District, North Labuhanbatu Regency. This study will analyze the enlightenment of the theory of legal certainty, maqashid asy-syari'ah, regarding Circumcision in the Regulation of the Minister of Health of the Republic of Indonesia Number 6 of 2014 in Marbau District, North Labuhanbatu Regency. The research method used the library (library research) and (empirical research). The Primary sources are observations, interviews, and Regulations of the Minister of Health in 2010 and 2014. The research results show that in terms of legal certainty theory, the Law is made so that it can be implemented by the community, while The 2014 repeal regulation is uncertain because it is difficult to implement. In the maqashid asy-shari'ah aspect, Circumcision is part of religious care (hifzud din), on the other hand, it does not mean that in the practice of Circumcision, harming girls or neglecting to protect oneself or one's soul (hifzhun nafs), but for the sake of giving obedience, and it is useful to control the lust of a girl when she grows up. 
The Integration of Maṣlaḥah into Islamic Economic Law through the policy of Halal and Tayyib Certification in Indonesia Faridatun Nisa; Helmi Fitriansyah; Chaerul Saleh
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.v12i1.6968

Abstract

This article examines the integration of the concept of maṣlaḥah (public interest) within Islamic economic law through the implementation of halal and ṭayyib certification policies in Indonesia. The study aims to analyse the strategic role of these certifications in realising the values of maṣlaḥah and their implications for public welfare. Employing a qualitative approach through library research, this study draws upon scholarly literature, Islamic legal texts, national legislation, and relevant certification policies, particularly following the enactment of Law No. 33 of 2014 concerning Halal Product Assurance in Indonesia. The findings indicate that halal and ṭayyib certifications function not only as instruments of compliance with religious norms, but also as mechanisms for protecting consumer health, ensuring food safety, and promoting environmental sustainability—thus directly supporting the realisation of maṣlaḥah. The main contribution of this research lies in providing a conceptual framework that connects certification mechanisms with the normative principles of Islamic economic law, while offering a basis for strengthening public policy and regulatory systems in Indonesia towards a just, ethical, and sustainable economy grounded in Islamic values
Sharia Compliance Risk in Islamic Bank: Does Indonesia Need to Adopt New Sharia Risk Rating Approach Romi Adetio Setiawan
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.v8i2.2794

Abstract

The purpose of this study is to find the most relevant practice of supervision to manage Sharia Compliance Risk in Indonesian Islamic Bank based on the existing literature. The standard doctrinal approach is used to analyse, examine and evaluate the practice of Islamic banking supervision in Indonesia and Islamic banking in Malaysia for comparative purposes. The results revealed that the prior study on Sharia risk rating is applicable to manage Sharia Compliance Risk in Islamic Banks and their factors meet the Basel, AAOOIFI, and IFSB standards. However, there is no assessment made on evaluating the quality of supervision by Sharia Supervisory Board (SSB) members. Thus the study suggested the inclusion of additional factors on the performance of SSB. For Islamic Banking in Indonesia, this sharia risk rating approach can be combined with applicable internal and external risk rating techniques, to provide the promising quality of service and ensure that the offering of various products and services complies with Sharia rules and principles.
SEJARAH PERKEMBANGAN LEMBAGA KEUANGAN SYARI’AH Idwal B
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 1, No 1 (2014): 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.v1i1.43

Abstract

lembaga keuangan adalah semua badan yang kegiatannya di bidang keuangan,melakukan perhimpunan dan penyaluran dana kepada masyarakat terutama guna membiayaiinvestasi perusahaan. Pada saat ini, di samping lembaga keuangan konvensional, terdaapatlembaga keuangan syari’ah yang semakin hari semkin besar dan terus berkembang hinggasekarang. Seirang dengan perkembangan tersebut, perlu kiranya di kaji, bagaimana sejarahlembaga keuangan syari’ah, sehingga bisa dilihat bagaimana landasan utama berdirinyalembaga keuangan khususnya lembaga keuangan syari’ah.Dalam tulisan ini, akan dibahasbagaimana perkembangan lembaga keuangan dari masa Rasulullah SAW, hinggaperkembangan lembaga keungan diera modern
KONTRIBUSI LEMBAGA ADAT DALAM IMPLEMENTASI SYARIAT ISLAM DI ACEH Abd. Wahid
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.v6i2.2474

Abstract

During this time, the people of Aceh have used traditional institutions as one of the institutions to resolve various disputes that occur within the community. Because the majority of Acehnese people embraced Islam, then when the Islamic shari’ah was officially enforced, these traditional institutions could not be abandoned, even he strongly supported the implementation of Islamic sharia. This paper tries to examine the role of traditional Acehnese institutions as one of the institutions that has taken root in Acehnese society. In accordance with its characteristics, this research is a qualitative research with descriptive-analytical methods and normative-philosophical approaches. The results showed that the traditional institutions of Aceh had a certain role and authority in carrying out the settlement that occurred within the area (gampong / mukim) in Aceh. Customary institutions also have an influence on the establishment of Islamic Sharia, with provisions not contradicting the principles of Islamic law itself
The Influence of e-Commerce Live Streaming on Purchase Interest in Muslim Fashion Products in Indonesia With Perceived Risk as an Intervening Variable Devi Mustikawati; Muhammad Sholahuddin
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.v11i1.2938

Abstract

The purpose of this study is to analyze the effect of e-commerce live streaming on purchase interest in Muslim fashion products in Indonesia with perceived risk as an intervening variable. This research method is a quantitative method. This study used primary data. The population of this study is the audience of e-commerce live streaming throughout Indonesia. The sample size of this study was 150 respondents. The sampling technique used is purposive sampling. The method of collecting this research data is a questionnaire.  The analysis technique used is Partial Least Square (PLS) with a calculation process using the SmartPLS 3.0 software program. The result of this study is that E-commerce Live Streaming has a significant positive effect on Purchase Interest. E-commerce Live Streaming has a significant positive effect on Perceived Risk. Perceived Risk has a significant positive effect on Purchase Interes

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