cover
Contact Name
Rizal Darwis
Contact Email
rizaldarwis@iaingorontalo.ac.id
Phone
+6285255481979
Journal Mail Official
almizan.iaingorontalo@gmail.com
Editorial Address
Sharia Faculty, Campus 1 IAIN Sultan Amai Gorontalo Jl. Gelatik No 1, Kelurahan Heledulaa Utara, Kecamatan Kota Timur, Kota Gorontalo, Provinsi Gorontalo, Indonesia.
Location
Kota gorontalo,
Gorontalo
INDONESIA
Al-Mizan (e-Journal)
ISSN : 19070985     EISSN : 24428256     DOI : https://doi.org/10.30603
Al-Mizan (e-Journal) is a scientific periodical journal published by Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) IAIN Sultan Amai Gorontalo, Indonesia. The journal puts emphasis on aspects related to Islamic law studies, sharia, Islamic yurisprudence (fiqh) and law studies with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economic and is intended to communicate the original researches and current issues on the subject.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol. 13 No. 2 (2017): Al-Mizan" : 8 Documents clear
Waralaba dalam Perspektif Hukum Islam Mustofa Mustofa
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.33 KB) | DOI: 10.30603/am.v13i2.738

Abstract

Franchising is a trend of effective and efficient business development in the present, because it is very beneficial material can also be a smart solution to minimize the sense of prestige or low self-esteem to sell or entrepreneurship for new graduates or scholars who have just completed their studies. Likewise for beginner entrepreneurs who are still afraid of the loss that is always haunting, Francise is one solution. Apart from being able to bring big and fast profits, it can also bring prestige to the managers. The development of a franchise that is very fast on the ground is expected to raise questions whether the Francise system or franchise is in accordance with Islamic values? In the context of classical fiqh, the term franchise is not known. For this reason, it is necessary to discuss Islamic economic discourse with this franchise pattern, so that we can speak classically: "can take the bad and the bad" from the franchise system that was born from the west. Like clothing fashion that comes from abroad, it must be adapted to the provisions of the Shari'a, besides clothing is really fashionable and trendy, but the important thing must also be to close the genitals. For a Muslim, muamalah is worldly freedom, for which the perpetrator is given the freedom to develop and create according to the progress of the times. Even so, freedom in making rules in bermu'amalah can not get out of shari'ah values.
Optimalisasi Pelaksanaan Mediasi di Pengadilan Agama Gorontalo Sri Wahyuni Husain
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.095 KB) | DOI: 10.30603/am.v13i2.854

Abstract

This study aims to determine the optimization of the implementation of mediation in the Gorontalo Religious Court. This research is a field research with data collection methods in the form of observations, interviews and documentation. Data’s were analyzed using qualitative descriptive. The results of the study found that the implementation of mediation in the Gorontalo Religious Court was not yet fully optimal. Based on the cases decided by the Gorontalo Religious Court in 2016 totaling 1524 and entering the mediation process as many as 87 cases and only 1 case that was successfully mediated (0.1%). Factor failure of the mediation process because the mediation room facilities are still not efficient enough, because the parties to queue, even some mediator judges carry out mediation in the judge's room itself, there is no certified mediator as explained in the Minister of Religion Regulation (PERMA) Number 1 of 2016 about Procedure for Mediation at Court.
Pendekatan Integratif dalam Penegakan Syariat Islam di Sulawesi Selatan Ahmad Faisal
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.286 KB) | DOI: 10.30603/am.v13i2.855

Abstract

This article aims to explain the plus and minus approach in perpetuation of Islamic law in South Sulawesi. Substantial and cultural approacheswhich emphasis on the ethical aspects as well as the formalistic legalistic structural approach, both have weaknesses. This study found out that formalist Islamic movement, with its choice of structural paths, proved to not fully succeed in realizing the ideals of perpetuation Islamic law. On the contrary, even cultural Islam has not fully succeeded in realizing the ideals of religion in its comprehensive understanding. By looking at the socio-political reasons above, it is very argumentative if the two contraditory the approaches have been positioned dichotomically integrated. Moreover, in historical-empirical experiences in South Sulawesi, both approaches have been implemented with varying degrees of results.
Hukum Islam dalam Sistem Politik Hukum: (Studi Deskriptif Sejarah Hukum Islam di Indonesia) Indah Abbas
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (354.744 KB) | DOI: 10.30603/am.v13i2.875

Abstract

This article discusses the history of the development of Islamic law in the legal political system in Indonesia. The problem discussed in this article is how the history of the phases of Islamic law in Indonesia and how the formation of Islamic law in the development of the political system in Indonesia. The results showed that: First, the history of the development of Islamic law in Indonesia, namely from the pre-colonial period of the Netherlands, the Dutch colonial period, the period of Japanese occupation, the period of parliamentary democracy, the old and new order periods, and the reform period; Second, the position of Islamic law in the development of national law in Indonesia plays an important role in the orderliness of the Indonesian people, especially Muslims and is used as material in the preparation of national law
Sejarah Pembaruan Hukum Keluarga Islam Di Indonesia Nurhikmah Hairak H. Biga
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.353 KB) | DOI: 10.30603/am.v13i2.876

Abstract

Indonesian family law is the translation of family law in Islam. One problem that is regulated is the issue of marriage law. This marriage law in its development experienced a long journey in formation. In the history of the renewal of Islamic marriage law in Indonesia, there are three periods, namely the period before the arrival of colonialists, colonialism and independence. The independence period was divided into three periods, namely the old order, the new order and the reform period. During the old order, Law Number 22 Year 1946 and Law Number 32 of 1954 were born. In the New Order, Law Number 1 Year 1974 and Presidential Instruction Number 1 of 1991 were born regarding the Compilation of Islamic Law. During the Reformation, the Government and the Gender Mainstreaming Team designed a revised draft on Compilation of Islamic Law.
Kredit: Suatu Kajian Perspektif Hukum Islam Muhibbuddin Muhibbuddin
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (669.845 KB) | DOI: 10.30603/am.v13i2.912

Abstract

This study aims to examine the legal status of credit sale and purchase. This phenomenon is inseparable from the context of Islamic legal thinking about the legal status of the credit financing system with the addition of prices. Buying and selling credibility is one alternative for consumers to own the goods they want. The results of the study showed that there were three views of scholars regarding the legal status of the credit system sale and purchase, namely: a view that absolutely forbids, can be absolutely, and tafshil (between neutral and forbidden). The author argues that the issue of buying and selling credit is something that is not mentioned in the Qur'an, so that this authority is returned to the community, as long as it does not violate the Islamic business ethics, and there is mutual willingness to conduct transactions. Moreover, buying and selling credit is a bigger problem.
Efektifitas Pelaksanaan Peraturan Mahkamah Agung Nomor 3 Tahun 2017 di Pengadilan Agama Marisa Lulu Sarini
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (470.748 KB) | DOI: 10.30603/am.v13i2.913

Abstract

This study aims to determine the effectiveness of the implementation of Supreme Court Regulation No. 3 of 2017 Concerning Guidelines for Judging Women Against the Law (PERMA). This research is a field research with data collection methods such as observation, interview and documentation study. The collected data is processed and analyzed with qualitative descriptive. The results of the study showed that the Judges at the Marisa Religious Court in deciding divorce divorce cases before and after the issuance of the regulation had not yet enumerated the request for the Petitioner to pay the burden. However, due to the Circular of the Mahkamah Agung Number 1 of 2017, there is a wife's right to pay. In relation to the effectiveness of the PERMA, it has been effective in enforcing gender justice in the Marisa Religious Court. In certain divorce divorce cases, the wife is present and submits a reconciliation claim regarding livelihood at the hearing, and verstek and case matters where his wife does not submit a liability claim then the PERMA is ineffective or not applied.
Cerai Gugat Akibat Poligami Di Pengadilan Agama Manado Edi Gunawan; Faradila Hasan
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (333.061 KB) | DOI: 10.30603/am.v13i2.914

Abstract

This article discusses the claim that the Manado City Religious Court which discussed polygamy could be the reason for filing a lawsuit for divorce and court consideration in resolving cases of divorce for polygamy in the Manado Religious Court. The research method used in this study is a descriptive qualitative presentation method with the type of field research (literature study). Polygamy can be made as an excuse for wives to ask for divorce in court. In principle, a wife may not ask for polygamy, but if someone refuses disobedience to her husband after polygamy. The consideration used by the judge in deciding divorce cases, polygamy, is in accordance with the reasons filed by the plaintiff in filing for divorce.

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