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[Pertimbangan Hakim Dalam Memutuskan Perkara Perceraian Bagi Aparatur Sipil Negara Tanpa Surat Izin Atasan Perspektif Teori Maslahah: Studi Kasus Pengadilan Agama Parepare ]]>
<![CDATA[Mir'ah Thania]]>;
<![CDATA[Hamang, M. Nasri]]>;
<![CDATA[Hannani, Hannani]]>;
<![CDATA[Fikri, Fikri]]>;
<![CDATA[Darwis, Rizal]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4252
<![CDATA[Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants in article 3 stipulated that all civil servants intending to divorce had to have prior permission from their superiors or a letter of recommendation from a relevant official. This administrative requirement was mandatory, allowing the judge to consider and decide on divorce cases involving civil servants. This research employed field research with an empirical juridical approach, which was conducted directly to understand the real issues and was then linked to applicable laws, the legal certainty theory, and the maslahah theory (maintaining the objectives of shari'a and achieving benefits/avoiding harms). The research findings concluded that: 1) the divorce requirements in the maslahah theory aimed to reduce the divorce rate among civil servants. Superiors or authorized officials had the right to guide employees to try to preserve their marriages; 2) the Parepare Religious Court granted six months to obtain permission from superiors. If, by the specified deadline, the individual did not have this permission and still wished to divorce, they were required to submit a statement willing to bear the consequences of divorce without the superior's permission. The related consequences were outlined in Government Regulation Number 94 of 2021 on Civil Servant Discipline; 3) there was a connection between the judge's consideration and the maslahah theory. In addition to considering the applicable laws, the judge also took into account aspects of maslahah when making decisions. The maslahah obtained from a formal divorce in the Religious Court included legal certainty and justice in the judge's divorce decree.]]>
<![CDATA[Dialektika Living Qur’an dalam Manajemen Pengelolaan Zakat Pada Baznas (Bazis) DKI Jakarta ]]>
<![CDATA[Yasdar, Yasdar]]>;
<![CDATA[Zulki, Ahmad]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4416
<![CDATA[This article aims to analyze the dialectics of living Qur'an in the management of zakat at the National Amil Zakat Agency (Baznas) or Zakat Infaq dan Shadaqah Agency (Bazis) Special Capital Region (DKI) Jakarta. This research is field research with a living Qur’an approach and is analyzed descriptively and qualitatively. The results show that the dialectic of living Qur'an produces a comprehensive solution by presenting a re-reading of zakat management that is adjusted to contemporary zakat management. The dialectic of living qur'an in zakat management at Baznas (Bazis) DKI Jakarta is carried out in various forms and models consisting of comprehensive management including poverty reduction, evaluation and relevance and transformation of zakat management which includes comprehensive-contemporary management, digitalization of zakat, diversification of programs and living qur'an-based zakat management solutions.]]>
<![CDATA[Analisis Putusan Hakim Pengadilan Agama Surakarta Pada Perkara Ekonomi Syariah (Studi Putusan Nomor 432/Pdt.G/2023/PA.Ska) ]]>
<![CDATA[Bataweya, Ardin]]>;
<![CDATA[Muhammad Fuad, Andi]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4611
<![CDATA[This study analyses the results of the decision by the judge of the Religious Court with Case Number: 432/Pdt.G/2023/PA.Ska. This research is a case study analysed with a normative juridical approach. The results showed that the Surakarta Religious Court granted the customer's lawsuit on the grounds of unlawful acts committed by the Sharia Rural Bank of Dana Mulia, namely withholding savings money without clear reasons. Although the defendant filed an exception, the judge rejected it and upheld the defendant's guilt, with both parties sentenced to pay court costs. The judge's decision emphasised that the clause of the agreement between the bank and the customer was a valid basis, so the judge rejected the defendant's exception with the argument that the elements of tort were not fulfilled in the case. This conclusion was supported by legal considerations, including disqualification in person, the judge's assessment of the elements of tort, and the application of Indonesian laws and regulations. This decision has a significant impact on both parties in the settlement of sharia economic case Number 432/Pdt.G/2023/PA.Ska. at the Surakarta Religious Court.]]>
<![CDATA[Implikasi Hukum Terhadap Peningkatan Sampah Ruang Angkasa Akibat Aktivitas Komersialisasi Ruang Angkasa ]]>
<![CDATA[Muthia, Nuriyah Fara]]>;
<![CDATA[Sumardi, Juajir]]>;
<![CDATA[Maskun, Maskun]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): 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.v19i2.4620
<![CDATA[This research aims to analyze the legal implications of the increase in space debris generated through space commercialization activities. This research uses a normative legal method using a qualitative approach to determine the application of law in commercial activities carried out in space. The results of this study, namely: (1) the increase in space junk cases caused by commercial activities in space is increasing until 2022 due to various satellites being launched and causing junk to scatter freely in space. The rules of the Outer Space Treaty 1967 are still unable to guarantee legal certainty so that all parties carrying out commercial activities in space obey them; (2) the calculation of damage caused by commercial activities in space will result in liability that has been regulated in the Space Liability Convention 1972 that there are two legal principles governing the responsibility for compensation carried out by all parties in space, both state and private parties.]]>
<![CDATA[Kelemahan Kedudukan Pembuktian Keterangan Anak Korban Dalam Perkara Asusila: ]]>
<![CDATA[Muammar, Muammar]]>;
<![CDATA[Meldandy, Maulana]]>;
<![CDATA[Sardari, Ahmad Asif]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.4622
<![CDATA[The weak position of witness testimony of child victims of indecent crimes, due to the position of witness testimony of child victims cannot be fully accounted for in the criminal justice system. This article aims to describe the weak position of witness testimony of child victims of indecent crimes and the reasons for the unreliability of witness testimony of child victims of indecent crimes. This research is based on qualitative research by conducting a study of legislation, court decisions and literature studies. The results showed that the witness testimony of child victims of indecent acts is not considered valid evidence, but still has value as a clue. Article 188 paragraph (1) of the Criminal Procedure Code, the testimony of a child witness who is not sworn can be used as a clue even though it does not fulfil the formal requirements of evidence. In Supreme Court Decision Number 3913 K/Pid.Sus/2019, it is stated that child witness testimony, although it does not have full evidentiary power because it is not sworn, is still considered to strengthen other evidence. To fulfil the minimum requirement of two pieces of evidence, child witness testimony must be supported by other valid evidence. Therefore, the criminal justice system needs to give special treatment to child witness testimony in immoral cases so that it remains valuable in evidence.]]>
<![CDATA[Hak Anak dan Pola Asuh Pasca Perceraian di Kecamatan Mungkajang Kota Palopo Perspektif Fikih Parenting ]]>
<![CDATA[Muchtar, Zulayka]]>;
<![CDATA[Marwing, Anita]]>;
<![CDATA[Nur, Muhammad Tahmid]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4623
<![CDATA[This study aims to analyze children's rights and parenting patterns in post-divorce in Mungkajang Sub-district, Palopo City. This research was analyzed by descriptive qualitative with a religious approach (fiqh parenting, parenting jurisprudence). Data were collected through documentation and interviews with parents and children. The results showed that: (1) the form of fulfilment of children's rights after divorce in Mungkajang District is divided into: democratic parenting (fulfilment of children's rights from the father), authoritarian parenting (fulfilment of children's rights from the mother) and permissive parenting (fulfilment of children from the father and mother), and children at an individual stage; (2) Factors that influence parenting patterns that come from fathers are parental relationships and parental age with a model of practicing children's worship in the form of the implementation of 5-time prayers and Ramadan fasting that is well implemented, and the implementation of reading the Koran 2 to 3 times a week; Factors influencing parenting patterns originating from mothers are the involvement of parents with a model of practicing children's worship in the form of the implementation of 5-time prayers and fasting Ramadan which is well implemented, and the implementation of reading the Koran is uncertain; and factors influencing parenting patterns originating from both parents are the age of parents and the practice of parenting children with a model of practicing children's worship in the form of 5-time prayers, fasting and reading the Koran has been going well.]]>
<![CDATA[Penegakan Hukum Terhadap Anak Sebagai Korban Praktik Eksploitasi Seksual di Kota Makassar ]]>
<![CDATA[Ningsih, Irma Wati]]>;
<![CDATA[Musakkir, Musakkir]]>;
<![CDATA[Heryani, Wiwie]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4624
<![CDATA[This study aims to evaluate and find forms of legal protection and factors that affect law enforcement against children as victims of sexual exploitation practices in Makassar City. This research is empirical legal research using a statutory approach. Data were analyzed using descriptive qualitative analysis. The results of this study indicate that: (1) the form of legal protection against children follows Law Number 35 of 2014 concerning Child Protection which provides children's rights in the form of legal assistance, rehabilitation, and prevention; (2) Factors affecting law enforcement against child victims of sexual exploitation practices in Gorontalo City are legal substance factors, law enforcers, facilities, society, and legal culture. All of them have not been run optimally by the laws and regulations.]]>
<![CDATA[Analisis Kritis Hukum Islam terhadap Batas Usia Minimal dalam Undang-Undang Perkawinan dan Konsekuensinya dalam Pernikahan Di Bawah Umur ]]>
<![CDATA[Salma S., Salma S.]]>;
<![CDATA[Jamaluddin, Jamaluddin]]>;
<![CDATA[Zulaeha, Zulaeha]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): 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.v19i2.4628
<![CDATA[Marriage is something that has rules and mechanisms for carrying it out. One of these rules is the minimum limit for carrying out marriage. This research analyses the age limit of marriage based on Law Number 16 of 2019 which is an amendment to Law Number 1 of 1974 concerning Marriage. This research is literature research using an Islamic legal analysis approach. The results of the study show that the existence of a minimum age limit for marriage regulated in Law Number 16 of 2019 article 7 paragraph (1) shows one form of the government advocating for the interests of fostering a happy and harmonious household. This is in Islamic law a form of maslahat (kindness), as well as a form of obedience of citizens to their leaders (ulil amri). Limiting the age of marriage has a positive impact on protecting children's rights and preventing underage marriage, which has many negative consequences.]]>
<![CDATA[Pemahaman Moderasi Beragama dalam Keluarga Melalui Pendidikan Kursus Pranikah di Kabupaten Bogor. ]]>
<![CDATA[Fitriyani, Fitriyani]]>;
<![CDATA[Hayaturrohman, Hayaturrohman]]>;
<![CDATA[Latief, Tsabit]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4673
<![CDATA[This research aims to provide an understanding of religious moderation to prospective brides through premarital courses in Rumpin Village with a research focus on the internalisation of religious moderation values to prospective brides through educational activities, premarital counseling, and understanding of Islamic teachings in the family environment in order to form a family that is appeasement (sakinah), love (mawaddah), affection (warahmah) and has moderate religious insight. This research is a field research with a sociological approach. Data collection techniques using documentation and observation, then analysed descriptively qualitative. The results showed that bridge-to-be in Rumpin Village in the premarital education held at the Religious Affairs Office were given religious knowledge material on how to settle down through moderate perspectives and attitudes. Moreover, the premarital education course is a programme of the Ministry of Religious Affairs which is carried out before the marriage contract is held. Islamic teachings remind us of the importance of knowledge in marriage.]]>
<![CDATA[Problematika Pertimbangan Majelis Hakim Pada Putusan No. 723/Pdt.G/2021/PA.Gtlo tentang Penyelesaian Sengketa Ekonomi Syariah ]]>
<![CDATA[Kasim, Mohamad Iksan]]>;
<![CDATA[Salma S.]]>;
<![CDATA[Jamaluddin, Jamaluddin]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.4710
<![CDATA[This research aims to analyse the decision of the Gorontalo Religious Court Judge in filing a lawsuit regarding sharia economic disputes. The results showed that between the plaintiff and the various parties involved, all of them committed acts of default. Then, in terms of the consideration of the panel of judges, it shows that the panel of judges missed several things that should have been examined before entering the verdict reading session. The considerations presented by the panel of judges, according to the researchers, neglected one of the principles of muamalah (sharia-compliant human social interactions) in the settlement of sharia economic disputes, namely the concept of tawazun (balance). The result of this consideration is to reject the entire plaintiff's claim on the pretext of formal defects (lack of parties). As an institution that provides financing (Bank), of course, it should not neglect the Grant Deed and Deed of Encumbrance before issuing funds to be given to creditors, because the two files become the legal basis for submitting auctions if the creditor commits an act of default. Conversely, as a creditor, it is also negligent in receiving funds provided by the Bank.]]>
