cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Badrun Taman
Contact Email
badrun.taman@mail.uinfasbengkulu.ac.id
Phone
+6287889934136
Journal Mail Official
badrun.taman@mail.uinfasbengkulu.ac.id
Editorial Address
Universitas Islam Negeri Fatmawati Sukarno Bengkulu, Jalan raden Fatah Kelurahan Pagar Dewa Kecematan Selebar Kota Bengkulu
Location
Kota bengkulu,
Bengkulu
INDONESIA
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
 6   7   8   9   10 
Reforming Sharia Business Law in Indonesia: Reconstructing a Contemporary Legal Framework for Islamic Financial Integration Achmad Jaka Santos Adiwijaya; Martin Roestamy; Abraham Yazdi Martin; Radif Khotamir Rusli; Ismail Sugardo
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.v12i2.10034

Abstract

Indonesia's ambition to become a global leader in Islamic finance is significantly hampered by a fragmented and sectoral Sharia business law structure. Despite substantial legislative progress, including the enactment of the Sharia Banking Law (Law No. 21 of 2008), the Financial Services Authority Law (Law No. 21 of 2011), and the Halal Product Assurance Law (Law No. 33 of 2014), regulatory power remains dispersed across various institutions and state agencies. This study employs a qualitative doctrinal legal research method, complemented by comparative and descriptive quantitative analysis, to examine Indonesia's current regulatory configuration against the backdrop of jurisdictions like Malaysia, Bahrain, the United Kingdom, and Brunei Darussalam. The findings reveal that overlapping jurisdictions, delayed implementation of fatwa-based rulings, and the absence of a unified Sharia governance framework have constrained the country's Islamic finance regulation. The paper proposes the establishment of an autonomous, comprehensive Sharia Financial Services Authority, the enactment of a professional Sharia Business Law Code harmonized with international standards, and the adoption of technology-based supervision. This contemporary legal reform is essential to ensure institutional consistency, strengthen legal certainty in Islamic finance, and advance public welfare (maslahah) through a fully integrated Islamic financial system in Indonesia.
Reconstruction of the Kafaah Concept in Marriage Suwarjin Suwarjin
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.v9i2.2935

Abstract

Kafaah in marriage aims to create a complete and harmonious family. However, the old construction of kafaah contains discriminatory and problematic nuances. This can be seen from the criteria for kafaah, which are all physical-material, except for religion and piety. Humans are polarized into primordial partitions: beautiful-ugly, rich-poor, aristocratic-ordinary people, and free-slave. This polarization gives birth to discriminatory attitudes in society. In fact, Islam came to eliminate discriminatory social barriers. Through the maqâshid al-syâri`ah approach, this research seeks to reconstruct the concept of kafaah in several aspects, namely: reorienting the purpose of applying kafaah, repositioning kafaah rights, reviewing kafaah criteria and classifying kafaah. Maqâshid al-syâri`ah is presented here not as a doctrine to understand a particular context of Islamic law, but as a method to reconstruct the existing concept of kafaah. The goal is to produce a new concept of kafaah that is more substantive and humanist. From the results of the study, several conclusions were found. First, Kafaah legality is ijtihad because there are no valid texts found. Second, The construction of kafaah is influenced by the patrilineal system of Arab society. Third, Reconstruction of the concept of kafaah is carried out in two ways: (1) to include other criteria other than the seven criteria set by classical fiqh. (2) to compare the kafaah criteria between prospective husbands and prospective wives holistically. This things needs to be done to fulfill the current sense of justice and benef of the Muslim family.
PENERAPAN PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT MISKIN MELALUI POSBAKUM DI PENGADILAN AGAMA KOTA BENGKULU Fauzan Fauzan
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 4, No 2 (2017): 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.v4i2.1016

Abstract

Abstract: The provision of legal aid to date is still not fully felt for the poor, especially the legal and justice aspects. The issuance of Law Number 16 Year 2011 on Legal Aid or so-called UUBH becomes an important breakthrough in constitutional development post-reformasi law. This paper focuses on the provision of legal aid by the Legal Aid Post (Posbakum) in the Religious Court of Bengkulu City. This research is a qualitative research with interview to get data. The results showed that the implementation of legal services through Posbakum in Religious Courts of Bengkulu City has been going well. Although in the implementation of legal services is still constrained by the human resources (HR) in Posbakum, but if dihat from the administrative process and the impact of legal aid services, the overall implementation of legal services through Posbakum in the Court of Religion has been running well according to achievements based on legislation
Legality of Refusal to Provide BPJS Patients Health Facilities Based on Fatwa of The Indonesian Ulema Council (MUI) Muhammad Azis Satria; Iwan Iwan; Sajjad Hussain
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.v10i1.2953

Abstract

This research delves into the legal consequences and Sharia compliance aspects of rejecting BPJS Kesehatan (Healthcare and Social Security Agency) patients in Medan City. Employing an empirical research methodology with interviews and a conceptual approach, the study explores rejection factors such as incomplete administrative files and inadequate facilities. Guided by DSN-MUI Fatwa NO.98, the findings highlight that rejecting BPJS patients exposes health facilities to civil, administrative, and criminal sanctions. Despite efforts by the Indonesian Ulema Council (MUI) to guide Sharia compliance, challenges persist in the effective implementation of the fatwa by BPJS Health and affiliated facilities. Technical and systemic gaps hinder seamless alignment with Sharia principles. The study emphasizes the urgent need for policy adjustments to bridge the gap between legal requirements, Sharia compliance, and the efficient functioning of the healthcare system. Contributing to ongoing discussions, this research advocates for comprehensive solutions to ensure equitable healthcare access for all Indonesian citizens. By addressing the intricacies of BPJS Kesehatan patient rejections within the context of Sharia principles, the study provides valuable insights for policymakers, healthcare practitioners, and stakeholders striving for a more effective and inclusive healthcare system in Indonesia 
Fairness in Contract Extension for Fixed-Term Employment: A Maqashid Syariah Perspective within Indonesia's Labor Law Framework Arpangi Arpangi; Andhika Yuli Rimbawan; Ratih Mega Puspa Sari; Sivani Ardi Apritania; Heri Oktavianto
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.v12i1.7159

Abstract

Indonesia's Employment Law has often been viewed as a legal product that leans toward a capitalist framework, and thus is seen as failing to provide adequate protection for workers under fixed-term employment agreements (PKWT). From an Islamic perspective, Maqashid  Shariah offers an alternative approach emphasising justice, welfare, and the safety of fundamental human rights in labour relations. These values stand in contrast to the capitalist system, which tends to prioritise efficiency and economic gain. This study aims to analyse the injustices present in the practice of contract extensions for fixed-term workers under Indonesian labour law, and to explore the relevance of Maqashid  Shariah principles as a normative foundation for more just and sustainable labour policies. Employing a normative legal research method, this study examines statutory regulations, legal doctrines, and Islamic legal values. The findings reveal that the absence of a maximum limit on contract extensions under the current labour law creates opportunities to exploit contract workers. These workers may be subjected to repeated contract renewals without being granted permanent status or access to social security benefits. Such uncertainty directly affects family economic stability, and in extreme cases, may drive individuals to seek income through non-halal means. The concept of Maqashid  Shariah stresses that economic sustainability, human dignity, and social justice are core objectives of Islamic Law. The academic contribution of this research lies in its proposal of an ethical-normative framework based on Maqashid  Shariah to critically assess and reform national labour policies, particularly in enhancing the legal protection of contract workers within a more equitable and welfare-oriented legal system
The Urgency and Implication of Breast Milk Donor in Indonesia in Mashlahah Perspective Khotifatul Defi Nofitasari
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.v8i2.2799

Abstract

In Islamic teachings, the issue of breastfeeding is a very important issue to pay attention to, because it can have an impact on the issue of the prohibition of marriage and lineage. The purpose of this study is to dig deeper into the urgency of breastfeeding donors and their implications based on the practice of breastfeeding donors in Indonesia, and a review of the mashlahah of these breast milk donors. T his type of research is library research, with analytical descriptive method. This research uses mashlahah theory with ushul fiqh approach. As a result, breast milk donation in Indonesia can be done by fulfilling several conditions: first, the request of the biological mother or the baby’s family. Second, the identity, religion, and address of the breast milk donor are clearly known by the mother or family of the baby receiving the donor. Third, the approval of the breast milk donor by knowing the identity of the donor recipient baby. Fourth, the breast milk donor is in good health and has no medical indication. Fifth, breast milk is not traded. Meanwhile, based on Ijtihâd istishlâhî, breast milk donation which aims to help babies who do not get breast milk from their biological mothers for certain reasons, is a humanitarian aid to save human life. Therefore, it is legally permissible to donate breast milk and can be categorized as mashlahah dharuriyat if the mother of the baby is sick and the baby is premature or sick. Including mashlahah hajiyat if the baby’s mother dies, or her whereabouts are not known..
IMPLEMENTASI AJARAN FIKIH KEBANGSAAN ALA JOKO WIDODO Moh Dahlan
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.v1i1.48

Abstract

Wawasan kebangsaan harus dibangun berdasarkan nilai-nilai universalfikih Islam, sehingga fikih tersebut mampu mendorong lahirnya kehidupanberbangsa dan bernegara yang baik, adil dan makmur.Berdasarkan uraian tersebut,kajian ini merumuskan pokok masalah; bagaimana akar historis wawasankebangsaan dalam ajaran fikih Islam? Bagaimana wawasan kebangsaan dalamajaran fikih Islam di Indonesia dan implementasinya? Dari dua masalah tersebut,kajian ini bertujuan untuk memahami dan mendalami wawasan kebangsaan dalamajaran fikih Islam dan wawasan kebangsaan dalam ajaran fikih Islam di Indonesiadan implementasinya. Adapun metode kajian ini menggunakan dua pendekatan,yaitu pendekatan normatif dan pendekatan pendekatan deskriptif historis. Hasilpenelitian menyebutkan bahwa wawasan fikih kebangsaan menjadi landasan yangmampu mewarnai dan mendorong lahirnya semangat nasionalisme atas empatpilar berbangsa dan bernegara, juga telah memberikan landasan dalammembangun tatanan kehidupan berbangsa dan bermasyarakat yang berbasis padaasas-asas atau nilai-nilai kemanusiaan sebagaimana praktik ‘urf pembangunanpasar dan pemindahan pasar serta pembangunan budaya masyarakat Islami alaJoko Widodo di Solo.
Efektifitas dan Efisiensi Penyelesaian Sengketa Ekonomi Syariah di Peradilan Agama Hasanuddin Muhammad
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.v7i1.2561

Abstract

The Supreme Court, as the highest judicial body, should ensure the realization of effective and efficient justice with the principles of simplicity, speed, and affordability. This study assesses the extent to which Supreme Court Regulations govern and achieve an effective and efficient judicial system in resolving Islamic economic disputes within religious courts. Employing a qualitative approach with a normative juridical perspective, it was found that the Supreme Court has enacted various regulations to enhance the efficiency of the judiciary. These include Supreme Court Regulation Number 2 of 2015 on the procedure for simple lawsuit resolution, Supreme Court Regulation Number 14 of 2016 on Procedures for Settling Sharia Economic Disputes, Regulation of the Supreme Court Number 5 of 2016 concerning Sharia Economic Judge Certification, Supreme Court Regulation 04 of 2019 amending Supreme Court Regulation Number 02 of 2015 on Simple Settlement Procedures, and Supreme Court Regulation 01 of 2019 on Electronic Case and Trial Administration. These regulations aim to streamline the resolution of Sharia economic disputes by facilitating simple lawsuit procedures, ensuring the competence of judges in Sharia economics through certification, and implementing electronic judicial services.    
Pentahelix as a Development Strategy for Opak Apik Singkong Business in Aek Bamban from an Islamic Economic Perspective Kurnia Sandi Panjaitan; Zuhrinal M Nawawi; Marliyah Marliyah
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.v11i2.5162

Abstract

Aek Bamban is an area with significant potential for agro-industrial business development, particularly the Opak Apik cassava business. However, key challenges include a lack of innovation in business management, limited market access, and weak synergy among local stakeholders. This study aims to analyze the implementation of the Pentahelix strategy as a solution for developing the Opak Apik cassava business from an Islamic economic perspective. The Pentahelix model involves five critical elements: government, academia, business, community, and media, working together to create a collaborative ecosystem that fosters business growth. This qualitative study employs the SOAR method, using the O-A approach, which focuses on aspirations and opportunities to drive sustainable and competitive business strategies. The O-A approach identifies existing opportunities and long-term aspirations to create sustainable and competitive businesses. From an Islamic economic perspective, principles such as tauhid (monotheism), nubuwah (prophethood), khilafah (stewardship), adl (justice), and ma'ad (the afterlife) are integrated into every aspect of business development. The findings show that the Pentahelix collaboration and the O-A strategy can expand market access, enhance product innovation, and promote socio-economic balance based on Islamic values. This strategy not only fosters economic growth but also contributes to societal welfare through justice and sustainability
Re-Bounding Emergency Lawmaking in Indonesia: Constitutional Design, Parliamentary Oversight, Islamic Law Perspectives, and Accountability After COVID-19 Dian Furqani Tenrilawa; Achmad Ruslan; Aminuddin Ilmar; Marten Arie; Lily Bauw
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.v13i1.10622

Abstract

Emergency governance repeatedly tests the constitutional separation of powers among the executive, legislature, and judiciary. Indonesia’s Constitution equips the President with an acceleration instrument—Government Regulations in Lieu of Law (Perppu)—while requiring parliamentary approval as a condition of democratic legitimacy. The COVID-19 pandemic exposed the tension embedded in this design: expert-driven demands for rapid action can widen executive discretion, whereas legislative and judicial oversight often cannot operate at ordinary speed. Using a normative juridical approach that combines constitutional doctrinal analysis, principle-based comparative assessment of emergency governance literature, and maqāṣid al-sharīʿah analysis, this study examines (i) the constitutional and statutory framework governing Perppu and emergency administration, (ii) the ways crisis governance reshapes executive–legislative relations, and (iii) institutional design features capable of reconciling rapid decision-making with democratic accountability. It argues that Indonesia should move from an event-based notion of “emergency” toward a constrained decision-making architecture anchored in sunset clauses, strengthened post-decision parliamentary scrutiny, transparent proportionality reasoning, and expedited constitutional review. The article proposes an Emergency Lawmaking Accountability Framework operationalized through mandatory reporting, oversight triggers, and audit-ready documentation of necessity assessments and rights impacts, aiming to preserve crisis responsiveness while reinforcing checks and balances and reducing incentives for executive aggrandizement in future emergencies. The article further situates the Framework within Islamic legal tradition—specifically the doctrines of darūrah (necessity), maqāṣid al-sharīʿah (objectives of Islamic law), and al-maslahat al-ʿāmmah (public interest)—arguing that Islamic jurisprudence independently supports the normative requirements of bounded emergency governance: necessity must be proportionate and time-limited, power must serve the public welfare (hifz al-nafs, hifz al-māl), and those who exercise authority must do so transparently and accountably (amānah). This contextualized Islamic law dimension both enriches and legitimises the proposed reform framework within Indonesia’s Muslim-majority constitutional democracy

Page 8 of 31 | Total Record : 303

 6   7   8   9   10 

Filter by Year

2014 2026


Reset
Filter By Issues
All Issue Vol 13, No 1 (2026): January-June Vol 12, No 2 (2025): October Vol 12, No 1 (2025): April Vol 11, No 2 (2024): October Vol 11, No 1 (2024): April Vol 10, No 2 (2023): October Vol 10, No 1 (2023): April Vol 9, No 2 (2022): October Vol 9, No 1 (2022): April Vol 8, No 2 (2021): October Vol 8, No 1 (2021): April Vol 7, No 2 (2020): October Vol 7, No 1 (2020): April Vol 6, No 2 (2019): October Vol 6, No 1 (2019): April Vol 5, No 2 (2018): October Vol 5, No 1 (2018): April Vol 4, No 2 (2017): October Vol 4, No 1 (2017): April Vol 3, No 2 (2016): October Vol 3, No 1 (2016): April Vol 2, No 1 (2015): April Vol 1, No 2 (2014): October Vol 1, No 1 (2014): April More Issue