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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 241 Documents
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PROBLEMATIKA PELAKSANAAN EKSEKUSI PERKARA PERDATA DI PENGADILAN AGAMA (STUDI KASUS PENGADILAN AGAMA TANA LUWU) Marwing, Anita; Mustaming, Mustaming
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4714

Abstract

This study aims to analyze the implementation of the execution of civil cases in the Religious Courts in Tana Luwu and the problems of its implementation, then provide solutions to the implementation of the execution of civil cases in the Religious Courts in Tana Luwu. This research is descriptive qualitative research. The results showed that: (1) Religious Courts in Tana Luwu have carried out executions based on incoming requests, but the number of requests for execution is very small, namely requests for execution of joint property cases as many as 7 cases and inheritance cases as many as 2 cases; (2) The inhibiting factors in the implementation of executions in Religious Courts in Tana Luwu, including Legal or regulatory problems, high case costs, lack of quantity and quality of human resources of the Religious Courts, and lack of public legal awareness; (3) Solutions offered in dealing with obstacles to the implementation of execution, namely: It is necessary to make a regulation of execution in the form of a guidebook to be used as a guideline in the implementation of execution, suspend the cost of execution, improve the quality of human resources of the judicial apparatus in the form of education and training.
Meeting the Challenges of Time: Exploring the Concept of Maqāşid Sharī’ah in the Thought of Jasser Auda Rofi’i, Muhammad Arwani; Fata, Ahmad Khoirul
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): 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.v21i1.4721

Abstract

This article discusses an overview of maqāşid sharī’ah in the thought of Jasser Auda, which forms the foundation of his approach to Islamic legal philosophy. Auda highlights the importance of understanding maqāşid sharī’ah as the primary goal of Islamic law. He argues that a deep understanding of maqāşid sharī’ah is necessary to produce just and welfare-oriented laws. In this perspective, Auda views Islamic law as an integrated system, where each part is interconnected and contributes to achieving the established goals. Auda also details that his systemic thinking encompasses concepts such as raḥmatan lil al-‘ālamīn (mercy to all creation) and maslahah (public interest), as guides for formulating laws that are responsive to the needs of society. This research concludes that Jasser Auda's thoughts on the philosophy of Islamic law, emphasizing maqāşid sharī’ah and Islamic law as an integral system, significantly contribute to understanding how Islamic law can function as a flexible and adaptive instrument in responding to the changes of time. This approach reinforces the idea that Islamic law is not static but can evolve according to its fundamental principles to achieve the welfare of the people and higher moral goals.
Konstitusionalitas Penundaan Pemilihan Umum di Indonesia Rizki AD, Andi Muh.
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.4740

Abstract

General elections as a means of popular sovereignty have been explicitly described in legislation. This paper examines the postponement of general elections by the President through Presidential Regulation in Lieu of Law. The writing is done by using descriptive normative legal research method that uses some primary materials and secondary data supported by tertiary legal materials and analysed qualitatively. In addition, the research method used is a comparative approach to several countries that regulate and have postponed elections in their countries. Based on the results of this research, it is known that if the postponement of general elections is carried out at this time by the State of Indonesia, then it is irrelevant and contrary to constitutional democracy. This is because constitutional democracy emphasises the sovereignty of the people based on the constitution. In addition, the norms in the current Indonesian constitution do not provide an opportunity to postpone elections. If there is still a postponement of general elections without changing the constitution, it is clearly contrary to constitutional democracy.
PENGARUH PEMAHAMAN FATWA MUI TERHADAP MINAT BELI MASYARAKAT MUSLIM PADA PRODUK ISRAEL DAN YANG TERAFILIASI Ardi, Unggul Suryo; Raharjo, Raharjo; Nursodik, Nursodik
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.4810

Abstract

The conflict between Palestine and Israel has caused mixed responses in society. This war which claimed tens of thousands of lives gave rise to various humanitarian actions, one of which was the response of the Indonesian Ulama Council (MUI) which issued a fatwa regarding the legal status of support for the Palestinian struggle, namely a fatwa discussed the clause regarding the prohibition on consuming Israeli and affiliated products. This research aims to identify how much influence the understanding of MUI Fatwa No. 83 of 2023, regarding the Muslim community's buying interest in Israeli and affiliated products. This quantitative research uses a data collection technique in the form of a questionnaire distributed via Google Forms to the Muslim community in Semarang, and the data analysis technique used is simple regression using the W-Stats version 2.0 program to process the data. This research uses 1 independent variable, namely Understanding MUI Fatwa No. 83 in 2023, and 1 dependent variable, namely buying interest. Data was obtained from questionnaires distributed to 50 subjects from the Semarang Muslim community who were selected using a probability sampling technique using a simple random sampling method and measured using a Likert scale. The research results show the influence of understanding MUI Fatwa No. 83 Yr. 2023 is a significant year for the lack of public interest in purchasing Israeli and affiliated products. Where the regression coefficient value is 2.011% (0.02) which is smaller than 5% (0.05). The public's understanding of fatwas that influence purchasing interest in Israeli products and affiliated ones is a behavior or attitude in line with Ibn al-Qayyim's concept of saddu al-dzari'ah. In this context, avoiding the purchase or consumption of such products serves as a means of preventing potential harm (mafsadat) and danger (mudharat).
Suami Sebagai Penanggung Jawab Nafkah Keluarga: Analisis Struktural-Fungsional Talcott Parsons Hidayatullah, Syarif; Rozak, Fakih Abdul
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.5152

Abstract

Being responsible for providing income is an important role in the family which has a significant impact on the function and dynamics of the family, in this case, the husband plays an active role in playing the role of being responsible for providing income in the family.  This paper aims to examine the role of the husband as the person responsible for providing income in the family using Tarlott Parsons' structural-functional theory analysis.  This paper uses qualitative research methods through the sociological approach of Talcott Parsons' functional structural theory (AGIL).  The research results show that husbands have a functional and responsible role in earning a living for the family.  Of course, cooperation and good understanding are needed from each family member to create harmony and stability in the family.  The AGIL scheme in functional structural theory has proven useful in analyzing the husband's duties as the person responsible for providing support.  This scheme helps to understanding how husbands adapt to environmental changes, achieve their goals, integrate themselves with the family system, and maintain the values ​​and norms of the family and society. It is hoped that this paper can provide theoretical and practical contributions in understanding the role and responsibilities of husbands in earning a living to overcome various problems related to family livelihoods, such as poverty, social inequality, and family conflict.
STRATEGI ADVOKAT DALAM MENGATASI SENGKETA TANAH WARISStrategi Advokat Lembaga Bantuan Hukum Mustika Bangsa dalam Mengatasi Sengketa Tanah Waris di Lampung Zidan, Muhammad; Murdiana, Elfa; Ningsih, Rahmah; Setiawan, Wahyu
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.5200

Abstract

This research provides a comprehensive picture of the experience of Mustika Bangsa Legal Aid Institute advocates in resolving inheritance land disputes. This paper focuses on the formulation of advocates' strategies, discussing the various rarities and approaches used by advocates to effectively resolve inheritance disputes. In contrast to previous studies, which mostly discuss the role of advocates, this study centers on the concept of strategies used by advocates in resolving inherited land disputes.  A strong and structured strategy is key to achieving the desired outcome in the legal process. This study uses qualitative research for the inquiry process in investigating scientific and humanitarian issues with different traditions. The qualitative design enabled the author to map texts that speak of advocates' strategies, disputes, and legacy landscapes experienced in the context of this study. The results of the study emphasize the importance of advocates' strategies in achieving desired outcomes in the legal process. The research shows that a well-planned strategy can significantly increase the effectiveness of resolving disputes, evidenced by the satisfaction of clients assisted by Mustika Bangsa Legal Aid Institute in Metro. Through this research, the author hopes to contribute to broader efforts to create effective and sustainable advocate strategies in inheritance dispute resolution
Pemekaran Daerah Wilayah di Tana Luwu Perspektif Kedatuan Luwu, Undang-Undang Nomor 9 Tahun 2015 dan Hukum Islam Jabir, Riskal; Yusmad, Muammar Arafat; Arif, Firman Muhammad
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.5221

Abstract

The purpose of this research is to find out the views and aspirations of the Kedatuan Luwu regarding the process of regional expansion that has an impact on the cultural and historical identity of the region, as well as evaluating the perceptions of the local government regarding Law Number 9 of 2015 and the implementation of regional expansion of Tana Luwu. This type of research is qualitative research with data collected through in-depth interviews with key informants such as local government, community leaders, academics, and related experts. In addition, data will also be obtained through document analysis and direct observation in the field. The results of the study show that: (1) the importance of regional expansion in Tana Luwu; (2) a comprehensive evaluation from various aspects, including political, economic, and cultural. The establishment of the Greater Luwu Province is considered necessary as a solution to overcome the problems that occur related to improving access to government services, more equitable infrastructure development, and more equitable distribution of resources.
Persepsi Masyarakat Kecamatan Telaga Kabupaten Gorontalo Tentang Pantangan Perkawinan Pada Bulan Tertentu Mustapa, Ira Suryani; Darwis, Rizal; Faisal, Ahmad
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.5222

Abstract

This study aims to determine the perception of the community in Telaga District, Gorontalo Regency about the form of abstinence in carrying out marriages in certain months. This research is a field research with data collection methods such as interview, questionnaire, and documentation. The use of interviews with traditional leaders, religious leaders, academics and the community. The data that has been collected is analysed with descriptive qualitative. The results showed that the existence of good day dating still exists and is so attached to the people of Telaga Subdistrict. They still believe and maintain the habits of their parents. The majority of the people of Telaga Subdistrict believe that marriage in a certain month that is allowed contains sacredness and goodness, but if the marriage is carried out in a certain month that is prohibited it will get disaster. The implementation of this tradition is a form of devotion and respect for ancestors, as well as an effort to create a marriage and household that is sakinah, mawaddah warahmah as mandated by Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law.
Implikasi Tradisi Mappasiewa Ada’ terhadap Harmonisasi Rumah Tangga dalam Perkawinan Masyarakat Bugis di Segeri Kabupaten Pangkajene dan Kepulauan Hasliyawatih T.; Basri, Rusdaya; Rahmawati; Sudirman L.; Muchsin, Agus
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.5223

Abstract

Harmony is something that is expected by a married couple in their marriage. This article describes the implications of the mappasiewa ada' tradition on household harmonisation in Bugis marriages in Segeri, Pangkajene and Islands Regency using descriptive qualitative research with a philosophical and normative approach and analysed with ’urf  (tradition theory) and maslahah (kindness theory). The results showed that the practice of mappasiewa ada' tradition in Bugis community marriage is still preserved as a tradition in marriage which has philosophical meaning with symbols. This tradition has a kindness (maslahah) impact and a badness (mafsadah) impact for the bride and groom in building household harmony. The mappasiewa ada' tradition is in accordance with Islamic teachings in the form of good tradition (’urf shahih) which can be preserved as long as it does not deviate from the objectives of sharia or maqashid ash-shari'ah (the purpose of Islamic law), namely: preservation of offspring (muhafadzah al-nasl). It can also be understood as optimism (tafa'ul), because every symbol in the tradition contains a hope or prayer symbolised by an object. If the mappasiewa ada' tradition is not understood comprehensively, people may consider it a practice that contains polytheism (syirik). However, if an Islamic and cultural approach is used, then cultural Islamisation can be carried out, so that the mappasiewa ada' tradition can be preserved and become an important part of the Bugis marriage tradition.
Eksistensi Kantor Pertanahan Kota Palopo dalam Mengatasi Konflik Kepemilikan Tanah Sumarni M.; Bahtiar, Bahtiar; Abdain, Abdain; Takdir, Takdir
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.5224

Abstract

This study aims to examine the forms of land ownership conflicts in Palopo City. This research was conducted using qualitative method with the type of field research. Data collection in the form of primary data and secondary data through observation, interview and documentation techniques and literature studies through 4 stages, namely reduction (data is filtered/selected), connection (data is connected), interpretation (data is translated/explained) and conclusions (data is concluded). The results showed that: (1) land conflicts occurring in Palopo City are categorised into 4 categories, namely: land boundary conflicts, land ownership conflicts, inherited land conflicts, and conflicts between the government and the community/legal entity; (2) factors causing ownership conflicts, namely unclear land boundaries, incomplete land ownership documents, landowners do not manage their own land, land is not physically controlled, land is abandoned, undivided inherited land, dishonesty of heirs, multiple and overlapping certificate claims, and infrastructure development; (3) The Palopo City Land Office is an institution that has an important role in managing and regulating land aspects in its area by making efforts to minimise the occurrence of land conflicts.

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