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 241 Documents
ANALISI DAMPAK SOSIAL AKIBAT KEBIJAKAN JAMINAN PRODUK HALAL (KOMPARASI PERSEPEKTIF HUKUM FIKIH DAN HUKUM POSITIF)Dampak Sosial Kebijakan Jaminan Produk Halal: Analisis Hukum Islam dan Hukum Positif Najiburrahman, Moh.; Rozak, Fakih Abdul
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.v21i1.5310

Abstract

Food products, beverages, medicines, cosmetics, genetically modified products and biological chemical products whose halalness is guaranteed are the most important factors for consumption among Muslim communities in particular. The purpose of the research is to find out whether the guarantee of halal products by the state can have a positive social impact in protecting the rights to comfort, security and safety of consumers who use these products. This research is a field and literature study with data sources in the form of interviews and literature. Data sources in the form of interviews and literature. The data obtained is analyzed by descriptive qualitative with the approach of Islamic law and positive law. The results showed: first, halal product guarantees have a positive impact on MSME actors and provide protection for consumers who consume products circulating in the market; second, Islamic law and positive law very clearly show the importance of halal guarantees for products that will be used and consumed by the community, especially the Muslim community.
Kontroversi Putusan Hukum Tentang Royalti Hak Cipta Lagu Sebagai Harta Bersama Septiani, Dini Lionita; Setiawan, Wahyu; Oktora, Nency Dela; Angkasa, Nawa; Fernando, Henky
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.v21i1.5622

Abstract

The controversy over legal decisions regarding song copyright royalties as joint property in Indonesia can generally be termed joint ownership of individual rights. This paradigm assesses the status of joint property based on the time of acquisition, the spouse's contribution, or the character of the asset. Joint property in Indonesian marital law is all property acquired during the marriage period unless there is a property separation agreement agreed upon before marriage. Inherited assets, inheritance, or grants remain the personal property of each spouse unless otherwise agreed. This issue arises because royalties have both a personal nature and long-term economic potential. This article analyses the controversy using a qualitative approach with a case study method, exploring the forms of controversy, causal factors, and implications. Data were obtained from a qualitative case study conducted by reviewing decision No. 1622/Pdt.G/2023/PA.JB and interviewing 3 judges and 2 advocates. The main findings show that controversy arose in three aspects: royalty division, copyright status, and asset division. Contributing factors include the misalignment between the personal nature of copyright and the communal concept of property, legal uncertainty, and the difficulty of economic valuation of song copyrights. The implications of this controversy include shifting social norms, uncertainty for creators, and increased complexity in asset division. This research underscores the need for comprehensive legal reform to accommodate the complexity of copyright royalty issues in the context of common property, as well as the development of more accurate valuation methods. This study contributes to a deeper understanding of the interaction between intellectual property law and family law in Indonesia.
Konseling Keluarga Sebagai Alternatif Mediasi Pasca Perceraian Hidayatullah, Maramis Nur
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.v21i1.5713

Abstract

Divorce (talaq) is the last way that is allowed to resolve domestic problems that cannot be repaired anymore. However, Islam also advocates reconciliation efforts before talaq is pronounced. Mediation is carried out by judge mediators and non-judge mediators who have participated in the Special Education for the Mediator Profession (PKPM) organized by institutions that have been accredited by the Supreme Court. In carrying out its duties and functions, it must refer to Supreme Court Regulations No. 1 of 2016 concerning Mediation Procedures in Court. This research was carried out at the Religious Court Class 1A Yogyakarta. This study uses a qualitative research method with the aim of analyzing a phenomenon or problem of post-divorce settlement and finding a prototype of an effective family counseling model in post-divorce mediation. In the context of post-divorce mediation, family counseling aims to: (1) help family members understand and overcome complex emotions such as sadness, anger, and disappointment; (2) facilitate open and honest communication between ex-spouses and children, (3) help family members develop effective coping skills to cope with change, and 4) create a parenting plan that is best for the child's well-being. Some commonly applied family counseling models in post-divorce mediation include: (1) structural model; (2) strategic model; and (3) focus emotive model. Family counseling is a complex process and requires special expertise, for this reason, post-divorce family counseling should be carried out by a professional counselor so that what is a post-divorce problem can be resolved properly, and the parties can establish a good relationship even though they have been divorced.
Masa Tunggu Suami terhadap ‘Iddah Istri Perspektif Al-Żarῑʻah Hidayat, Mohammad Shofi; Yusmad, Muammar Arafat; Kamal, Helmi
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.v20i2.6065

Abstract

This study discusses the Circular Letter of the Director General of Public Guidance of the Ministry of Religion Number P.005/DJ.III/Hk.00.7/10/2021 in which there is a policy on the waiting period of the former husband for the ‘iddah of the ex-wife from the perspective of al-żarῑʻah, so that the basis and purpose of the issuance of the circular letter can be known. This research is a juridical normative legal research with an analytical approach that refers to applicable regulations. Data validity checks using data triangulation methods, observation persistence, and peer checking which are then processed by classification, verification, and analysis to produce conclusions. The results of the study show that ‘iddah is a waiting time that applies to a wife whose marriage is broken up, including for ex-husbands. In general, the content of the policy in this Circular Letter is under the method of preventing badness (sadd al-żarῑʻah). The policy regulates that ex-husbands can only marry other women when the ‘iddah period of their ex-wives has been completed or the ’iddah has ended because this encourages ex-husbands to rethink or as an effort of reconciliation so that the hope is that ex-husbands can reconcile with their ex-wives as recommended by Allah Almighty. If the husband marries another woman, it leads to badness (mafsadat), namely divorce, which is an act that is most hated by Allah Almighty.
Revitalisasi Peran Penghulu dalam Meminimalisir Pernikahan Dini di Kota Palopo Bahtiar, Bahtiar; Marwing, Anita; Kaddase, Muh. Thayyib
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.v21i1.6230

Abstract

This research aims to examine the revitalization of the role of the Penghulu (the marriage officiant) in minimizing early marriage in Palopo City. The research method used is qualitative with a descriptive approach. Data was obtained through in-depth interviews, observations and document studies related to the role of the headman and the efforts made to reduce the rate of early marriage. The research results show that the Penghulu has a very important role in carrying out religious duties, especially in registering marriages, as well as providing guidance and advice to the prospective bride and groom. Apart from that, the headman also plays an active role in efforts to prevent early marriage through various strategies, such as direct and online outreach, as well as collaboration with related agencies, such as the Population Control and Family Planning Service, the Health Service, and community organizations. By utilizing social media and building cross-sector collaboration, the Penghulu and the Palopo City government succeeded in strengthening preventive efforts to reduce the number of early marriages. The revitalization of the role of the Penghulu is carried out through increasing capacity through training and workshops, as well as implementing digitalization strategies for public education.
Peran Istri dalam Pengelolaan Keuangan Keluarga Perspektif Fiqh Muamalah dan Modernitas Lidya Putri, Nyimas; Firmansyah, Firmansyah
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.v21i1.6338

Abstract

Social transformation and the increasing economic participation of women have significantly reshaped the role of wives in muslim households. In the context of prevailing social transformations and the escalating economic participation of women, the role of wives has undergone a shift, no longer confined to the management of household finances but extending to the realm of investment decision-making and long-term financial planning. It is therefore vital to possess fundamental financial literacy, i.e. the capacity to differentiate between needs and wants. The role of the wife as a competent financial manager has been demonstrated to have a significant impact on the economic stability and well-being of the family unit. The present research employs a qualitative method, adopting a literature review approach to examine various sources on Islamic jurisprudence, Islamic economic policies, and empirical studies related to women's financial roles in households. The findings reveal a persistent gap in understanding the financial rights and responsibilities of wives in Islam, particularly concerning the concepts of financial support (nafakah) and asset ownership. Moreover, the dearth of Islamic financial literacy engenders a substantial challenge in the implementation of Islamic economic principles within Muslim families. Consequently, the provision of comprehensive financial education, the implementation of policies that support women's financial roles, and the promotion of open communication between spouses are imperative to establish a fair financial management system in accordance with Islamic principles
Implementasi Tanggung Jawab Sosial Perusahaan dalam Mewujudkan Prinsip Maslahah dan Keseimbangan Ekologis di Kota Makassar Magun Pikahulan, Rustam; Kurniati; Misbahuddin; Rasyid, St. Cheriah; Anisa, Nur Ainun
Al-Mizan (e-Journal) Vol. 21 No. 2 (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.v21i2.6989

Abstract

Makassar City, as a central socio-economic hub in Eastern Indonesia, faces a development paradox that is rapid progress in industry, trade, and investment has simultaneously generated severe environmental pressures. Massive urbanization has led to the reduction of green spaces, an increase in waste production reaching 868 tons per day, and recurring floods caused by spatial violations. This study examines the implementation of Corporate Social Responsibility (CSR) through the lens of maslahah and ecological balance, aiming to achieve social and environmental justice. The research employs a field research design, utilizing normative and empirical juridical methods, which include observation, interviews, and document analysis based on legal frameworks such as Law No. 40 of 2007 and Makassar Regional Regulation No. 2 of 2016. The findings indicate that CSR in Makassar serves as an ethical, legal, and spiritual instrument for realizing maqāṣid al-sharī‘ah, particularly hifz al-nafs (protection of life) and hifz al-bi’ah (environmental preservation). CSR practices, including waste management and environmental education, embody the principles of dar’ al-mafāsid (preventing harm) and jalb al-masālih (promoting benefit), affirming CSR’s role in fostering collective welfare and ecological justice toward sustainable development grounded in Islamic values.
Urgensi Pengaturan Pembatasan Transaksi Tunai di Indonesia Al-Jufri, Andi Ikram Fadhil Mubarak; Amrain, Fitran; Tendean, Meyer
Al-Mizan (e-Journal) Vol. 21 No. 2 (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.v21i2.6477

Abstract

Restrictions on cash transactions in Indonesia are a strategic policy aimed at strengthening financial system stability, improving payment efficiency, and preventing financial crimes such as money laundering and terrorist financing. This study employs a normative juridical method, analysing legal documents, banking regulations, and Islamic economics and finance literature. This study finds that rules related to cash transaction restrictions have been regulated through the Banking Law, Bank Indonesia Regulations, Financial Services Authority regulations, and the Law on the Prevention and Eradication of Money Laundering. From an Islamic economics and banking perspective, restrictions on cash transactions are essential for strengthening transparency, improving economic justice, and supporting the purposes of Sharia (maqāṣidal-syarīah) in the protection of property (ḥifẓ al-māl). However, the implementation of this policy still faces challenges in the informal sector, among MSME entrepreneurs, and in communities that lack access to banking. This study emphasises the need for policy improvements, financial inclusion, and public education to support the effectiveness of cash transaction restrictions.
Dampak Pemanfaatan Harta Pekerja Migran Indonesia Terhadap Hubungan Keluarga: Studi Kasus Di Desa Tanjung Mas Jaya Yuliyani, Indri; Maki, Hud Leo Perkasa; Angkasa, Nawa; Irawan, Hendra
Al-Mizan (e-Journal) Vol. 21 No. 2 (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.v21i2.6682

Abstract

This study aims to determine and analyse the utilisation of assets earned by Indonesian migrant workers (PMI) and its impact on their relationships in Tanjung Mas Jaya Village, East Mesuji Subdistrict, Mesuji Regency. The method used was a descriptive qualitative approach with field research in the form of case studies. Informants were selected purposively based on certain criteria, including migrant workers, their spouses, parents-in-law, and neighbours who had relevant experience, particularly related to the misuse of migrant workers' earnings. Data collection techniques included primary data in the form of interviews and documentation, as well as a literature study from secondary sources. The results of the study show that (1) the assets earned by migrant workers are often used by their spouses without prior agreement, contrary to the intended purpose of sending funds, such as for children's education, home renovations, or business capital. The causes include a lack of communication, the absence of a written agreement, and the influence of social pressure and the consumptive lifestyle of spouses in their home country; (2) the impact of this misuse on family relationships, namely the emergence of domestic disharmony, divorce, and psychological effects on children.
Hak atas Citra Diri dalam Perdagangan Foto Digital: Studi tentang Batas Perlindungan Hukum Perdata Insani Aulia, Nur; Elmarianti, Elmarianti
Al-Mizan (e-Journal) Vol. 21 No. 2 (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.v21i2.7143

Abstract

The development of digital technology has introduced a new phenomenon in the form of photo trading on various online platforms such as Fotoyu, Shutterstock, and iStock. Through these systems, photographs featuring human faces can be bought and sold without the knowledge of the individuals depicted. This situation raises legal issues concerning the boundary between a photographer’s copyright and an individual’s personality rights over their own image. This study aims to analyze the Indonesian civil law framework related to the protection of the right to one’s image and to examine the urgency of expanding legal protection for individuals in the digital era. Using a normative legal research method with statutory and conceptual approaches, this study finds that the Indonesian legal system does not explicitly recognize the right to image as a personality right. Existing protections remain scattered across provisions on tort (Article 1365 of the Indonesian Civil Code), the Copyright Law, and the Personal Data Protection Law, all of which are not yet sufficient to address the complexities of digital image trading. Therefore, it is necessary to reform Indonesian civil law to recognize the right to one’s image as part of personality rights, as well as to establish effective oversight mechanisms to ensure the practical implementation of such protections. The results of this study are expected to contribute conceptually to the development of a civil law system that is adaptive to technological advancements and that upholds human dignity in the digital era.