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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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USUL FIKIH: REKONSTRUKSI METODOLOGIS DALAM DINAMIKA HUKUM ISLAM Efrinaldi Efrinaldi
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.v5i2.1440

Abstract

The philosophical-historical analysis on Islamic law amid the society is becoming an increasing focus of attention, especially for academicians. Their debates, to some extend, are nearly touching even the sacralized matter. But it is also regrettable that what  they have discussed so far are merely the problems on the surface and considered trivial as they do not touch  the core of the problem likes establishing a new-accepted and relevant theory. What they have done or discussed are merely repetitive. The point to be discussed here is the sacralization of the thoughts and blind following toward one  thought of school. Employing the philosophical-historical analysis on Islamic law and it relationship with the Islamic jurisprudence and comparing it with the contemporary methodology, this writing is aimed at looking for new formula on the Islamic  jurisprudence reasoning with the development of methodology of Islamic studies.
Ibnu Taimiyah’s Thoughts Relevance to the Constitutional Court Decision No. 46/2012 on the Illegitimate Children Lineage Amri Amir; Rahmi Wiza; Ibrahim bin Salem Al-Saedy
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.v11i1.3441

Abstract

The societal perception of illegitimate children often carries negative connotations, despite their entitlement to clear legal rights. One of the classical scholars, Ibn Taimiyah, offers distinct perspectives on the lineage and rights of children born outside of marriage, aligning with the principles laid out in Constitutional Court Decision No. 46/2012. This study aims to analyze Ibn Taimiyah's viewpoints regarding the lineage and civil rights of illegitimate children, while also examining their relevance to the aforementioned court decision. Employing a descriptive analysis method with a literature review approach, this research draws primarily from Ibn Taimiyah's seminal work, "Majmu' al-Fatawa," alongside secondary sources from journals and relevant websites. The findings underscore the alignment between Constitutional Court Decision No. 46/2012 and Ibn Taimiyah's stance on the civil rights of illegitimate children. While both recognize the child's connection to the biological mother and her family, the Court's decision extends this recognition to include the biological father and his family without the conditions of a valid marriage. In contrast, Ibn Taimiyah's perspective offers these rights in a detailed manner, contingent upon specific conditions, as children born from adultery do not stem from a legally sanctioned marriage. Ultimately, this research concludes that illegitimate children should enjoy nearly equivalent civil rights as children born within conventional marriages, as stipulated by both Ibn Taimiyah's nuanced approach and the progressive stance of Constitutional Court Decision No. 46/2012.
Legal Protection of Trademark Holders Against Imported Goods: A Contextual Framework under Islamic Economic Law Elfi Haris; OK Saidin; Ningrum Natasya Sirait; Maria Kaban; Ruetaitip Chansrakaeo
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.v12i2.9064

Abstract

The increasing influx of imported goods in Indonesia has intensified market competition and created complex challenges in protecting the rights of local trademark holders. Weak enforcement mechanisms and limited public awareness have facilitated imitation and unfair competition, threatening economic sustainability and consumer confidence. This study examines the adequacy of Indonesia’s trademark protection and reinterprets it through the ethical and normative framework of Islamic economic law. Using a normative juridical approach with statutory, conceptual, and comparative methods, the research analyzes Law No. 20 of 2016 on Trademarks and Geographical Indications alongside Islamic legal principles such as maqāṣid al-sharī‘ah (objectives of Islamic law), hifẓ al-māl (protection of wealth), and maṣlaḥah ‘āmmah (public interest). This analytical synthesis evaluates the harmony between positive law and Islamic ethics in regulating fair competition. The findings reveal that Indonesia’s legal framework provides sufficient formal protection but remains ineffective due to weak implementation, inadequate sanctions, and the limited capacity of small and medium enterprises. Conversely, Islamic economic principles emphasize moral accountability, fairness, and transparency as essential to market justice. Integrating these ethical values into trademark regulation would not only strengthen compliance but also foster socially responsible trade practices. This study contributes to contextualized Islamic law by proposing an integrated model that harmonizes intellectual property protection with Islamic moral economy. It advances theoretical understanding by linking fiqh mu‘āmalah with modern IP law and offers policy recommendations for promoting ethical branding, fair competition, and sustainable economic protection for Indonesian industries
Qawaid Fiqhiyah's Review of Buying Shoes With a Paid Lots System at Toidiholic Store Bandar Lampung Jayusman Jayusman; Rahmat Hidayat; Rizki Zulu Febriansyah
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.v9i2.2916

Abstract

In the practice of buying and selling at the Toidiholic Store there is one system, namely a paid lottery. This is done in the sale and purchase of limited edition shoes with a large demand. The focus of this research is how Qawaid Fiqhiyah analyzes the practice of buying and selling shoes with a paid lottery system at the Toidiholic Store Bandar Lampung. This study concludes that this lottery is a lottery that is permitted by Islamic law because it is carried out solely to create a sense of justice and prevent chaos and prevent wholesale buying of shoes if sold normally or without a lottery. Although the cost of the lottery coupon is sold for Rp. 20,000, - but the fee is still within reasonable limits as a registration or administration fee for holding a lottery activity, considering that the benefit element in this lottery is greater than the harmful element.
ESPON BANK SYARIAH KOTA BENGKULU TERHADAP KEWENANGAN PENGADILAN AGAMA PADA PENYELESAIAN SENGKETA PERBANKAN SYARIAH Elman Johari
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.v4i1.1006

Abstract

Abstract: Sharia banking industry in Indonesia showed very rapid progress and Islamic principles which offered forbit riba,gharar, maisyir, and bathil. Nevertheless, the dispute in this industry will be inevitable, because the essence of dispute is a description to the harmonization of human interests. According the Article 49 point (i) of Law Number 3 of 2006 on the amendement of the Law Number 7 of 1989, Religious Court`s have the authority to settle the sharia economics disputes therein, includes Sharia Banking. This provision in contradict with the explaination of Article 55 clause (1) of Law Number 21 of 2008 about Sharia Banking which give the general court an authority to settle it disputes.
Family Law Reform in Tunisia (Reading the Rules of Polygamy in The Tunisian Code of Personal Status 1957) Mufliha Wijayati
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 8, No 1 (2021): 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.v8i1.2757

Abstract

This paper examines polygamy in the context of legislation in Muslim countries by taking the context of Tunisia. The prohibition of polygamy in Tunisia by criminalizing the perpetrators and their facilitators is the first in an Islamic State. Even though it has become a state regulation in the form of a law, this rule remains an issue of controversy that is debated. There have even been attempts to amend the regulation prohibiting polygamy. This research uses qualitative-literary research, with the primary data source being The Tunisian Code of Personal Status 1957. The results of the study show that there are two reasons put forward by Tunisia for prohibiting polygamy: first, the institution of enslaved people, and polygamy only existed during the developmental or transitional period of the people. Islam was prohibited during the next period of Islamic development; second, the absolute condition for the permissibility of polygamy is the ability to treat wives fairly, while historical facts prove only the Prophet saw. Who can be fair to his wives? Tunisia interprets the demand for justice not only on external issues but also on issues of deep love, compassion, and concern Qs. An-Nisa [4]: 29 is declared unable to be realized even though he has tried hard. However, the prohibition of polygamy does not benefit Muslims in Tunisia. What happened was just the opposite; various social problems emerged. For example, the trend of adultery, underhand marriage, divorce, and the phenomenon of the increasing number of old maids.This paper examines polygamy in the context of legislation in Muslim countries by taking the context of Tunisia. The prohibition of polygamy in Tunisia by criminalizing the perpetrators and their facilitators is the first in an Islamic State. Even though it has become a state regulation in the form of a law, this rule remains an issue of controversy that is debated. There have even been attempts to amend the regulation prohibiting polygamy. This research uses qualitative-literary research, with the primary data source being The Tunisian Code of Personal Status 1957. The results of the study show that there are two reasons put forward by Tunisia for prohibiting polygamy: first, the institution of enslaved people, and polygamy only existed during the developmental or transitional period of the people. Islam was prohibited during the next period of Islamic development; second, the absolute condition for the permissibility of polygamy is the ability to treat wives fairly, while historical facts prove only the Prophet saw. Who can be fair to his wives? Tunisia interprets the demand for justice not only on external issues but also on issues of deep love, compassion, and concern Qs. An-Nisa [4]: 29 is declared unable to be realized even though he has tried hard. However, the prohibition of polygamy does not benefit Muslims in Tunisia. What happened was just the opposite; various social problems emerged. For example, the trend of adultery, underhand marriage, divorce, and the phenomenon of the increasing number of old maids.
The Impact of Rupiah Exchange Rate, Soybean Demand, and Production on Soybean Price Formation in Medan: An Islamic Economic Perspective Agna Sabrina; Nurul Jannah; Muhammad Syahbudi
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.v11i1.3016

Abstract

This study aims to analyze the impact of the rupiah exchange rate (X1), soybean demand in Indonesia (X2), and soybean production in Indonesia (X3) on soybean price formation in Medan (Y), as well as to identify the relationships between these variables from an Islamic economic perspective. This research employs a quantitative approach, with analysis conducted using multiple linear regression and the ordinary least squares (OLS) model. Quarterly data from 2016 to 2023 was analyzed using E-Views software. The results indicate that the variables of the rupiah exchange rate, soybean demand in Indonesia, and soybean production in Indonesia have a significant simultaneous effect, with an F-Statistic value of 37.94889 and a probability (F-Statistic) of 0.0000 (
Strengthening Dominus Litis Principle for Effective Corruption Case Management in Indonesia: Harmonizing Positive Law and Islamic Legal Principles Zet Tadung Allo; M. Syukri Akub; Aswanto Aswanto; Ratnawati Ratnawati; Andi Muhammad Aswin Anas
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.v12i2.8415

Abstract

Corruption in Indonesia persists as a systemic problem, exacerbated by fragmented investigative authority, inconsistent regulations, and the absence of strict deadlines for case resolution. This study examines the dominus litis principle—vesting the Prosecutor’s Office with control over criminal cases—through both Islamic legal foundations and empirical realities in Indonesia. Using a normative-empirical method that combines legislative, conceptual, and comparative analyses, the research highlights the novelty of contextualizing dominus litis within Islamic jurisprudence, constitutional mandates, and human rights principles. Islamic sources, including the Qur’an and Hadith, unequivocally condemn corruption as ghulūl and bribery, framing it as both a sin and a betrayal of public trust. From the perspective of maqāṣid al-sharī‘ah, prolonged investigations that freeze assets and stigmatize suspects create harm (mafsadah) rather than benefit (maṣlaḥah), thereby violating the objectives of justice, dignity, and wealth protection. Historical institutions such as the qāḍī al-maẓālim and the doctrine of siyāsah shar‘iyyah further legitimize prosecutorial oversight as a means of ensuring accountability and safeguarding public welfare. Empirical evidence shows that fragmented authority between the Police, the Corruption Eradication Commission (KPK), and the Prosecutor’s Office has caused overlapping roles, case stagnation, and human rights violations. Comparative insights from civil law jurisdictions such as Germany and France illustrate that stronger prosecutorial dominance ensures legal certainty and efficiency. The study concludes that reinforcing the Prosecutor’s Office as dominus litis from the investigation stage is essential for harmonizing institutional roles, establishing strict case deadlines, and enhancing coordination. Contextualized within Islamic law and Indonesian constitutional values, dominus litis emerges not only as a procedural reform but also as a structural solution that integrates legal certainty, justice, and moral legitimacy in Indonesia’s fight against corruption
Maslahah and Sakinah Family's Review of Marriage through Marriage Dispensation in Central Lampung Regency Iim Fahimah; Zaenal Zaenal
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.v9i1.2860

Abstract

Some couples are not of legal age who have received a marriage dispensation. A search was conducted on their post-marriage conditions. Whether this early life is subjected to separation or is it precisely harmonious. The authors researched couples who married through the marriage dispensation route in Central Lampung Regency. How do maslahah and sakinah families review the marriage through the marriage dispensation route in Lampung Tengah Regency? Marriage through the marriage dispensation route in central Lampung Regency is in the review of Maslahah and the sakinah family that their marriage is classified as a group of Sakinah II families bringing benefits to their households. In general, the values of the maslahat are obtained in three stages; the benefit obtained at the time of the implementation of the marriage dispensation took place, by obtaining the legality of the couple's conjugal relationship has been valid. The benefit in their home life is due to their good and harmonious relationship, and can be beneficial for those around them. The future benefit of the couple's household and their future child, due to their legal marriage
TEMBAK DITEMPAT DAN HAK ASASI MANUSIA Masril Masril
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 2, No 1 (2015): 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.v2i1.62

Abstract

Shooting on sight and Human Right. The practice of shooting on sight was implementedin the past, Indonesia is a consitutional country (rechstaat) and not authoritarian country (machstaat).The Dead Penalty in Indonesia is mentioned in article 10 KUHP, and was implemented, but theprocess should be implemented in the sense of presumption of innocence, initiated by investigationand ended with binding decisions. Is the present practice of shooting on sight whether in accordancewith the law? In addition, do not violate the human right. The practice of law in constitutional countrysuch as Indonesia should be guaranteed

Page 9 of 31 | Total Record : 303

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