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Rizal Darwis
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Al-Mizan (e-Journal)
Published by Institut Agama Islam Negeri Sultan Amai Gorontalo
ISSN : 19070985     EISSN : 24428256     DOI : https://doi.org/10.30603
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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 246 Documents
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Studi Dampak Kontrasepsi Suntik terhadap Akseptor Puskesmas Antang Perumnas Antang dalam Kaidah al-Ḍarar Yuzāl Jujuri Perdamaian Dunia; Askar Patahuddin; Edi Gunawan
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1829

Abstract

This study aims to determine the impacts of contraceptive injection for acceptor health centers Antang Perumnas of the al-Ḍarar Yuzāl rule. This type of research is the qualitative approach to field research. The results of this research show that firstly, the condition of acceptors in health centers of Antang Perumnas Manggala is quite diverse, acceptors in this region belong to the middle and lower economic classes with varying levels of religious understanding; secondly, two reasons cause family planning acceptors to inject, namely internal and external reasons with different impacts on their acceptors; thirdly, the application of al-Ḍarar Yuzāl's rule for the use of contraceptive injections has the following Islamic legal implications: wajib when the acceptor is awake from diseases such as uterine cancer, or death if having a pregnancy, becomes makruh if the acceptor feels pain during menstruation and intercourse, or the emergence of uterine myoma in the endometrium, and becomes haram when removing sexual sensitivity, not passionate until the feeling of anger towards the husband that ends in divorce. This research is expected to contribute to the medical world to find healthy birth control solutions for acceptors and make acceptors wiser before deciding to use contraceptive injection.
Realitas Perkawinan Beda Agama Perspektif Keluarga Sakinah Nova Effenty Muhammad
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1830

Abstract

This paper concentrates on a happy family in Interfaith Marriage. According to the majority ulama, marriage is a theological activity that couple interfaith marriage will not a happy family. In this paper, I examine the interfaith marriage couple can be a happy family. Specifically, I ask how to concept a happy family according to the interfaith married couples? Further, how to manage family conflict on interfaith marriage for to get a happy family? To analyse a happy family on interfaith marriage couple, I use a qualitative analysis method with three approaches: Islamic law, sociology and psychology context. I use data collection methods with observation, interviews, and documents. This research argues that religion is not a major factor in a happy family because interfaith marriage can be a happy family. Worries Ulama that interfaith couples cannot be a happy family does not happen. The contribution of this study as the antithesis according to ulama about interfaith marriage, that happiness is not correlated with religion.
Pemenuhan Hak Pendidikan Bagi Penyandang Disabilitas Perspektif Hukum Nasional dan Hukum Islam Hendra Dude; Fenty U. Puluhulawa; Nina Mirantie
Al-Mizan (e-Journal) Vol. 16 No. 1 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i1.1831

Abstract

This research discusses the fulfillment of the right to education for persons with disabilities. After the enactment of Law Number 8 of 2016, one of the government's obligations is to guarantee the right to education. This research is library research that is analyzed descriptively qualitatively with the approach of national law and Islamic law. The results showed that: first, Islamic law regulates equal rights in education without any distinction between physically normal people and people with disabilities. Likewise, national law has been regulated in Law Number 8 of 2016. However, this regulation needs to be followed up in the form of an implementing regulation to ensure that its compliance policies have a legal basis in the form of regional regulations. Second, the authority of local governments as stated in Law Number 23 of 2014 concerning Regional Government has mandated regions to administer education as a mandatory government affair related to basic services so that local governments in managing education must carry out their obligations to fulfill the right to education. to the community, especially for people with disabilities.
Kompetensi Peradilan Agama Menangani Perkara Cerai Gugat dalam Tinjauan Fikih Islam A. Zamakhsyari Baharuddin; Rifqi Qowiyul Iman
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1875

Abstract

This study aims to highlight the review of Islamic jurisprudence regarding the competence of religious courts in handling judicial divorce as a reflection of the view that judges' actions to terminate the marriage relationship are unjustifiable and the only divorce institution is divorce which is husband's prerogative. The method applied is descriptive-analytic research method with the main data source is library research. The results of this study indicate that the Religious Court is not only a state institution, but also a religious institution as recorded in the Islamic literature, and a judge with the authority to pronounce divorce is actually playing the role of amar makruf nahi mungkar, therefor his authority is not only legally valid in the state law, but also has its own legitimacy regulated in Islamic jurisprudence.
Korupsi Versus Hibah dan Hadiah Muhammad Gazali Rahman
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1881

Abstract

This study discusses the issue of corruption that occurs in human life. However, the problem is how the grants and gifts given to certain parties are categorized as corruption. This research is library research which is analyzed with a qualitative approach with national law and Islamic law perspectives. The results showed that from the point of view of Islamic law, people's insights were very limited to the issue of bribes and rewards. Some people think that bribery is not a crime, but only a small mistake. Some others, even so, that bribes are forbidden, but they do not care about the prohibition, let alone because they get the benefits. On the other hand, society perceives the bribe as a gift or a token of gratitude. Some even think of it as money for the help someone has given, so they don't feel it as a mistake or even a crime.
Eksistensi Harta dalam Persepsi Jamaah Tabligh Gorontalo Muhibbuddin Muhibbuddin
Al-Mizan (e-Journal) Vol. 16 No. 1 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i1.1893

Abstract

The tabligh community is one of the Islamic organizations that exist and grow in Indonesia. This community spreads throughout the world because each country has a headquarters that will coordinate the tabligh congregation movement. In understanding and addressing the use of assets, the tabligh congregation adheres to the philosophy that has been guided by their great leader in India. First, the assets obtained are set aside as optimally as possible for da'wah (khuruj) trips. They have to save and try to raise funds before leaving for preaching. Second, the attitude of sharing empathy to help the family left by her husband to preach. Striving for joint funds and deliberation on the assessment of family needs is done until a predetermined period of confusion. Third, wealth is used to make the Great Assembly successful in gathering the dai's. Fourth, distribute zakat and other social funds. Fifth, trying to live zuhud. Maximizing the acquisition of assets and living inadequate conditions. Not too chasing to pile up treasures, let alone go wild. Fourth, avoiding redundant behavior, either when making a da'wah visit or while being staying, standing in one's own village. Trained when doing da'wah trips by utilizing funds optimally to support the needs of the group of jamaah.
Analisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi: (Studi Perkara Nomor: 22/Pid.Sus-TPK/2018/PN.Gto) Arhjayati Rahim; Madinah Mokobombang
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1897

Abstract

Evidence in criminal cases is generally borne by the public prosecutor. This is different from the criminal case of corruption, in addition to being proven by the public prosecutor, the defendant also has the right to prove that he did not commit a criminal act of corruption. This study aims to determine the arrangement of the shifting burden of proof system in cases of corruption and the application of the shifting burden of proof system in cases of corruption in Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto. This type of research is a literature analyzed with a normative juridical approach. The results of the research show that the Decision Number: 22/Pid.Sus-TPK/2018/PN.Gto, seen from the evidence that in terms of the application of reverse evidence, the defendant exercised his right to carry out shifting burden of proof. However, the defendant did not prove that the property he had obtained was not the result of a criminal act of corruption, even though it was his obligation to prove this, so that the right to shifting burden of proof evidence was not fully utilized by the defendant.
Kontekstualitas Fikih Perempuan di Indonesia Rizal Darwis
Al-Mizan (e-Journal) Vol. 16 No. 2 (2020): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v16i2.1901

Abstract

In reality, women are still considered to be second to men, both from the private and social aspects. This article discusses the contextuality of women in the private and social spheres in Indonesia. This research was studied with a juridical, normative and sociological approach. The results show that the understanding of some people in understanding religion still places religious arguments related to misogynism in positioning men and women in the private and social spheres. Even though in some religious arguments it does not differentiate it. Likewise, in the state guarantee through statutory regulations in Indonesia, the position of citizens is equal before the state, both men and women in the private and public or social spheres.
Masa Iddah Suami Istri Pasca Perceraian Fatihatul Anhar Azzulfa; Afnan Riani Cahya A.
Al-Mizan (e-Journal) Vol. 17 No. 1 (2021): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v17i1.1959

Abstract

In general, the majority of people only know the meaning of the iddah period to see the cleanliness of the uterus. This study aims to determine how the period of iddah of husband and wife after divorce. Iddah is the waiting period before a widow or divorced woman may remarry. This research is included in library research which uses analytical descriptive as a method and is equipped with a gender equality approach. The results of the study explain that the iddah period if is associated with the basis for identifying whether a woman is pregnant or not, then the meaning is irrelevant when viewed using science and technology which has different legal implications for the iddah itself. Cleansing the uterus is not an illat of the stipulation of iddah. Illat is something that can change the situation. Iddah has until now been considered as discrimination against women, which later gave rise to the opinion that iddah is a form of gender inequality. The concept of iddah discriminates against women because it is considered to limit women’s movement after divorce. The implementation of the iddah period for husband and wife is a solution so that gender relations between men and women are well established.
Transaksi Go-Pay Pada Perusahaan Go-Jek Indonesia Cabang Makassar dalam Perspektif Hukum Islam Sulham Karim Made Aming; Misbahuddin Misbahuddin
Al-Mizan (e-Journal) Vol. 17 No. 1 (2021): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v17i1.2002

Abstract

The purpose of this study was to determine the Go-Pay transaction process and the problem of pricing between cash transactions and Go-Pay transactions as well as the solution to the perspective of Islamic law. A qualitative research method was adopted in this study by using the approaches of juridical normative and qualitative descriptive. The data sources are drivers, merchants, consumers, and companies as primary data and other scientific papers as secondary data. Data collection methods used were interviews, observation, and documents with the number of informants are 12 people. Data processing and analysis techniques were carried out in three stages, namely; reduction, presentation, and conclusion. The results showed that there are three important processes in Go-Pay transactions, namely: Top Up Process, Transfer Process or Withdrawal Go-Pay Balances, and Payment Process. In the process of using Go-Pay are two transactions in Islam that take place, namely transactions: al-Ijārah (service rental) and al-Ṣarf (money exchange) transactions. Meanwhile, the problem faced by consumers in fixing prices between cash transactions and Go-Pay transactions is a problem that can be resolved by the Decree of the Head of the Minister of Transportation No. KP 348 of 2009. From the perspective of Islamic law, the settlement with the Go-Pay transaction system is an al-Ṣarf transaction with the legal consequence that Go-Pay transactions are allowed in shariah with the promo offered by the company as a gift.

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