Al-Mizan (e-Journal)
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.
Articles
241 Documents
<![CDATA[Konsep dan Manajemen Zakat Dalam Perspektif Hukum Positif di Indonesia: Tinjauan Hukum Islam (Prinsip Maqasid al Syariah) ]]>
<![CDATA[Aries Musnandar]]>;
<![CDATA[Sutomo]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 1 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i1.2605
<![CDATA[The legal system in Indonesia has its characteristics. The influence of Dutch law in the legal system in Indonesia is quite dominant. Customary law and Islamic law are also accommodated in Indonesian national law. Another thing that comes from fiqh muamalah (Islamic jurisprudence of economics) and gets government attention is related to the conceptual issue of zakat and its management in particular. This research uses qualitative with the descriptive method of analysis. Moreover, to sharpen the analysis results the authors also accommodate the discussions and unstructured interview results with the concerned parties such as colleague researchers, and experts about the theme raised by the author. The results of the study indicate that the optimal implementation of zakat will be able to bridge the gap between rich and poor. As with taxes, zakat is also a part of state revenue, therefore the linkage between tax and zakat is very close.]]>
<![CDATA[Kerangka Regulasi dan Fatwa Transaksi Akad Hawalah Pada Perbankan Syariah ]]>
<![CDATA[Nofrianto]]>;
<![CDATA[Dhiyaa Meuthia Faiqah Erba]]>;
<![CDATA[Riski Eka Lestari]]>;
<![CDATA[Muhammad Raja Perkasa Alam Harahap]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 1 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i1.2544
<![CDATA[Profit and loss is something that will be encountered in the business world. If there is a loss, one form of conception is the transfer of debt. This study aims to determine the application of the concept of debt transfer in Islam and its regulatory framework. The results of the study found that the transfer of a debt in Islam is known as hawalah. Hawalah is the transfer of debt or receivables from the creditor to the guarantor for repayment of the debt. The concept of hawalah is to transfer debt from muhil as the first debtor to the muhal'alaih as the second debtor. The application of hawalah in the world of Islamic banking consists of hawalah muqayaddah and hawalah mutlaqah. In addition, several regulations were found in the form of fatwas, but the rules of the hawalah’s fatwa still need to be studied further regarding their application in the service activities of Islamic finance companies.]]>
<![CDATA[AS-SHARIA MAQASHID REVIEW OF MARRIAGE AGE LIMIT IN LAW NUMBER 16 YEAR 2019 ]]>
<![CDATA[Al Kautsar, Muhammad Syakir]]>;
<![CDATA[Miswanto]]>;
<![CDATA[Mu'in, Fathul]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 1 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i1.2619
<![CDATA[This article discusses the age limit for marriage based on the maqasid al-sharia perspective in marriage law. This research is library research with the main data source being Law Number 16 of 2019. The data that has been collected is then analyzed using qualitative descriptive methods. The results of the study indicate that although there is no clear text that regulates the minimum age for marriage, the presence of a revision of Law Number 16 of 2019 concerning Marriage which regulates the minimum age for marriage is not contrary to the spirit of Islamic law, because the regulation is an effort from the government. to encourage the realization of the purpose of marriage, namely creating a serenity family, love, and affection. In addition, the regulation is also under the purpose of applying the law (maqasid as-sharia), namely hifz al-nasf (guarding the soul) and hifz al-nasl (guarding offspring).]]>
<![CDATA[MERETAS KEBEKUAN IJTIHAD DALAM ISU-ISU HUKUM ISLAM KONTEMPORER: IJTIHAD ]]>
<![CDATA[Imam Makmun]]>;
<![CDATA[Darussalam Syamsuddin]]>;
<![CDATA[Kurniati]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 1 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i1.2491
<![CDATA[This article describes contemporary problems that have been growing and are being asked to solve. This research is literature research with a casuistic approach and analyzed descriptively qualitatively. The results of the study show that a mujtahid must really study and review many legal issues decided and depending on the conditions and needs. Ijtihad is one of the methods of extracting Islamic law that logically and rationally in social change always tries to conduct research or experiments on increasing law in society, so it must be tested that the value of ijtihad can be justified by scientists and is objective. Ijtihad in issues of contemporary Islamic law is one method that makes Islamic law more dynamic and contextual in nature and not out of date.]]>
<![CDATA[PUTUSAN KONSTITUSIONAL DEMOKRATIS TERHADAP SENGKETA PEMILU SERENTAK MENURUT FIQIH SIYASAH ]]>
<![CDATA[Wira Purwadi]]>;
<![CDATA[Edi Gunawan]]>;
<![CDATA[Devi Restiani Susilo]]>;
<![CDATA[Johana Manuhuwa]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 2 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i2.2058
<![CDATA[The Constitutional Court is a judicial institution that has the authority to resolve disputes over general election results. The purpose of this study is to analyze the challenges of the Constitutional Court in producing democratic constitutional decisions on 2024 simultaneous election disputes and to analyze its authority in producing democratic constitutional decisions on 2024 simultaneous election disputes from the perspective of Islamic constitutional law (fiqh siyasah). This type of research is a combination of normative research and empirical law. The results of the research show that the Constitutional Court faces several challenges in the 2024 Simultaneous Elections, namely: readiness to provide optimal service, intense political pressure for the presidential election, time issues and quality of decisions. The decision of the Constitutional Court must truly reflect a fair and just decision within the framework of implementing constitutional democracy. In the perspective of fiqh siyasah, the decisions of the judges of the Constitutional Court must provide a sense of justice for the people, and this is implemented if the constitutional judges have statesmanship, prioritize substantive justice, not become mouthpieces for the law, so that the decisions of the Constitutional Court must uphold constitutional democratic values based on justice. in the name of God Almighty.]]>
<![CDATA[Perubahan Kebiasaan Pesta Pernikahan Pada Masyarakat Bolaang Mongondow ]]>
<![CDATA[Nasruddin Yusuf]]>;
<![CDATA[Rizal Lahati]]>;
<![CDATA[Vindri M. Adampe]]>;
<![CDATA[Faradila Hasan]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 2 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i2.2870
<![CDATA[This article aims to describe the pattern of changes in the habits of wedding parties carried out by the Bolaang Mongondow community. The method used in this study is a qualitative method using an empirical sociological approach. The celebration of the wedding party as a tradition that grows and develops in the community must be in line with Islamic law and the norms in the community. Although currently, its implementation is experiencing obstacles due to cultural acculturation, so it will be difficult to distinguish between right and wrong. From the observations, it is known that the implementation of the wedding party in Bolaang Mongondow is indicated to be forced (lavishly) even though the cost of the wedding party is beyond the ability of the person who carries it out.]]>
<![CDATA[Kedudukan Sidik Jari dalam Proses Penyidikan Tindak Pidana di Kepolisian Resor Gorontalo Perspektif Hukum Islam ]]>
<![CDATA[Noor Asma]]>;
<![CDATA[Farhan Nikson Taha]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 2 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i2.2899
<![CDATA[Fingerprints are evidence that can be categorized as evidence of letters and expert statements, even as complementary and supporting evidence in carrying out the investigation process to reveal the perpetrators of criminal acts. The purpose of the article is to examine the position of fingerprints as evidence in the process of investigating criminal acts in Islamic law. In answering these problems, the author uses a qualitative approach, and empirical normative research methods, namely research that uses empirical normative legal case studies of legal behavior products. The results of the research show that in the cases handled by the Gorontalo Resort Police, the accuracy rate reaches 90 percent in collecting evidence and revealing the perpetrators of criminal acts through fingerprint identities. So that the position of fingerprints in identifying victims and perpetrators of criminal acts is very important to uncover and scientifically prove victims and perpetrators, which can be categorized as evidence of expert testimony that provides information from the identification results. The legal consequences that can be caused to perpetrators or defendants who have wrong identities due to incorrectly identifying fingerprints during investigations and investigations in the trial process are charges that are null and void based on article 143 paragraph 3 of the Criminal Procedure Code. Evidence using fingerprints in Islamic law is not directly stated in the evidence, but Islamic law is dynamic according to place and time so that fingerprint evidence can be verified with evidence of instructions (qarinah).]]>
<![CDATA[Illicit Enrichment Dalam Upaya Pemberantasan Korupsi Di Indonesia ]]>
<![CDATA[Mohamad Said Al-Hamid]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 2 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i2.2900
<![CDATA[This study aims to elaborate on whether the criminalization of illicit enrichment has the potential to be an efficient and balanced action against corruption crimes, especially by public officials and to offer alternative formulations of illicit enrichment arrangements in corruption law as an effort to eradicate crime corruption in Indonesia. This study discusses the differences in the formulation of offenses in Article 2 Paragraph (1) and Article 3 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes illicit enrichment in United Nations Convention Against Corruption (UNCAC) and offer alternative formulations of illicit enrichment in corruption laws. This study uses a normative legal research method with a statutory approach and a contextual approach. The results of the study show that Indonesia has ratified the concept of illicit enrichment in the UNCAC but has not regulated further illicit enrichment in its national law. Even though Indonesia has regulated its provisions in Article 2 and Article 3 of the Corruption Law, these provisions still have weaknesses and have not accommodated the concept of illicit enrichment contained in the UNCAC. Therefore, in the following discussion, the authors offer the illicit enrichment offense formulation as an effort to eradicate corruption in Indonesia.]]>
<![CDATA[STATUS ANAK LUAR NIKAH DALAM KEWARISAN PASCA KELUARNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 ]]>
<![CDATA[Muhammad Zul Figgar]]>;
<![CDATA[Faisal Saidi]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 2 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i2.2902
<![CDATA[This study aims to present the discourse on the Constitutional Court Decision Number 46/PUU-VIII/2010 concerning Law Number 1 of 1s974 concerning Marriage in the context of inheriting children outside of marriage. At the same time, this paper tries to contextualize the problems that arise from Constitutional Court Decision Number 46/PUU-VIII/2010. The method used in this paper is entirely based on literature research without neglecting the existing judge's decisions related to the context of the discussion (jurisprudence) and then analyzed descriptively qualitatively. The results of the study show that Constitutional Court Decision Number 46/PUU-VIII/2010 is a breakthrough in the renewal of marriage law in Indonesia. The Constitutional Court's decision in favor of a child outside of marriage is a middle ground in the debate about how far the status of a child outside of marriage is by the child's inheritance rights. Meanwhile, to a certain extent, the Compilation of Islamic Law (KHI) can also be used as a mitigation tool to ensure that Muslims as a whole are far from adultery and never have sexual intercourse before a legal marriage has taken place.]]>
<![CDATA[The Relevance between the Determination of Prison Penalties in Formulated Policies and the High Overcapacity in Correctional Institutions: Relevansi Antara Penetapan Pidana Penjara Dalam Kebijakan Formulasi Dengan Tingginya Kelebihan Kapasitas di Lembaga Pemasyarakatan ]]>
<![CDATA[Khairil Ikhsan]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 18 No. 2 (2022): Al-Mizan (e-Journal) ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v18i2.2903
<![CDATA[The policy of determining prison sentences contained in criminal law is one factor in the occurrence of excess capacity in the penitentiary in Indonesia. This research aims to analyze the concept of criminal policy, namely the application of imprisonment in criminal legislation. As normative legal research, this research uses a conceptual approach and legislation. The results of this study conclude that there is a relevance between the occurrence of excess capacity in the penitentiary and the formulation of existing policies in criminal law. The occurrence of overcapacity in prisons is inseparable from criminal law policies that use imprisonment as a threat to crime. The policy formulation for imposing prison sanctions contained in the majority law still adheres to cumulative sanctions, thereby limiting the choices of judges in imposing sentences. When the type of punishment chosen to be threatened with violating the norms of criminal law is imprisonment, it will have implications for increasing acts that are punishable by imprisonment which increases overcapacity in the penitentiary.]]>
