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
Pendekatan Integratif dalam Penegakan Syariat Islam di Sulawesi Selatan Ahmad Faisal
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.286 KB) | DOI: 10.30603/am.v13i2.855

Abstract

This article aims to explain the plus and minus approach in perpetuation of Islamic law in South Sulawesi. Substantial and cultural approacheswhich emphasis on the ethical aspects as well as the formalistic legalistic structural approach, both have weaknesses. This study found out that formalist Islamic movement, with its choice of structural paths, proved to not fully succeed in realizing the ideals of perpetuation Islamic law. On the contrary, even cultural Islam has not fully succeeded in realizing the ideals of religion in its comprehensive understanding. By looking at the socio-political reasons above, it is very argumentative if the two contraditory the approaches have been positioned dichotomically integrated. Moreover, in historical-empirical experiences in South Sulawesi, both approaches have been implemented with varying degrees of results.
Hukum Islam dalam Sistem Politik Hukum: (Studi Deskriptif Sejarah Hukum Islam di Indonesia) Indah Abbas
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (354.744 KB) | DOI: 10.30603/am.v13i2.875

Abstract

This article discusses the history of the development of Islamic law in the legal political system in Indonesia. The problem discussed in this article is how the history of the phases of Islamic law in Indonesia and how the formation of Islamic law in the development of the political system in Indonesia. The results showed that: First, the history of the development of Islamic law in Indonesia, namely from the pre-colonial period of the Netherlands, the Dutch colonial period, the period of Japanese occupation, the period of parliamentary democracy, the old and new order periods, and the reform period; Second, the position of Islamic law in the development of national law in Indonesia plays an important role in the orderliness of the Indonesian people, especially Muslims and is used as material in the preparation of national law
Sejarah Pembaruan Hukum Keluarga Islam Di Indonesia Nurhikmah Hairak H. Biga
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.353 KB) | DOI: 10.30603/am.v13i2.876

Abstract

Indonesian family law is the translation of family law in Islam. One problem that is regulated is the issue of marriage law. This marriage law in its development experienced a long journey in formation. In the history of the renewal of Islamic marriage law in Indonesia, there are three periods, namely the period before the arrival of colonialists, colonialism and independence. The independence period was divided into three periods, namely the old order, the new order and the reform period. During the old order, Law Number 22 Year 1946 and Law Number 32 of 1954 were born. In the New Order, Law Number 1 Year 1974 and Presidential Instruction Number 1 of 1991 were born regarding the Compilation of Islamic Law. During the Reformation, the Government and the Gender Mainstreaming Team designed a revised draft on Compilation of Islamic Law.
The Pogogutat Tradition of the Mongondow Tribe in North Sulawesi on Maslahah Mursalah Perspective Aswar R. Mamonto; Nova Effenty Muhammad
Al-Mizan (e-Journal) Vol. 15 No. 1 (2019): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (517.283 KB) | DOI: 10.30603/am.v15i1.904

Abstract

This study aims to discuss the Mongondow tribal pogogutat tradition in North Sulawesi with a maslahah mursalah approach. This research is field research and data collected through observation, interviews and documents. The collected data were analyzed by qualitative descriptive through fiqh approach, namely the problem masseah. The results showed: First, there was a shift in the practice of pogogutat, starting from the business of making tent services, catering services, increasing people's income, without the terms and conditions of the goods. Pogogutat value shift due to lack of social life, tribal and cultural assimilation, village government regulations, lack of community awareness in understanding local culture, lack of cultural communication, lack of cultural learning and pogogutat tradition, environmental changes, and the influence of modern culture; Second, although the Pogogutat tradition has negative values, the Pogogutat tradition tends to have positive values ​​as a primary need (darûriyât).
Keluarga Sakinah, Mawaddah, Warahmah Dalam Konsep Pernikahan Islami Hamid Pongoliu
Al-Mizan (e-Journal) Vol. 13 No. 1 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (660.197 KB) | DOI: 10.30603/am.v13i1.905

Abstract

Marriage in Islam is a method chosen by Allah as a means for his people to multiply and preserve their lives in a natural and lawful manner. Allah swt. reduce Sharia marriage for the purpose of maintaining human dignity in accordance with their dignity as beings who have been glorified with faith, religion and reason. Husband and wife relationships are regulated respectfully based on each person's willingness to carry out a shar'i marriage. Husband and wife relationship is not like the employer's relationship with his laborers, but friendship relationship that is easy to achieve calm (sakinah-mawaddah-warahamah) in domestic life. Islam comes with a set of rules governing the rights and obligations of husband and wife in running a domestic life.
Penyelesaian Tindak Pidana Ringan Oleh Kepolisian Daerah Gorontalo: Respon terhadap Peraturan Mahkamah Agung Nomor 2 Tahun 2012 Zumiyati Sanu Ibrahim
Al-Mizan (e-Journal) Vol. 13 No. 1 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (291.879 KB) | DOI: 10.30603/am.v13i1.907

Abstract

This study discusses the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in the investigation process by the Gorontalo Regional Police. This type of research is descriptive qualitative using a juridical and empirical approach. Data was collected through an interview, observation and documentation process. The results showed that the Supreme Court Regulation No. 2 of 2012 concerning Adjustment of Limits of Minor Crimes and the Amount of Fines in the Criminal Code, has been implemented and applied in the resolution of minor criminal offenses in Gorontalo, where the Police Investigators in the Gorontalo Regional Police have a good response and welcome positively the regulation.
Tradisi Mo Learo dalam Pra Pernikahan Pada Masyarakat Kecamatan Sangkub, Kabupaten Bolaang Mongondow Utara Perspektif Hukum Islam Mokodenseho, Apriyanto; Jaya M., Umar
Al-Mizan (e-Journal) Vol. 13 No. 1 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (548.054 KB) | DOI: 10.30603/am.v13i2.908

Abstract

This study discusses the existence of Learo tradition in the community of Sangkub Subdistrict, North Bolaang Mongondow District on the Islamic law perspective. This research is a field research using a legal anthropological approach. Data were collected with observations, interviews and documentation which were then analyzed using qualitative descriptive methods. The results showed that: First, learo is the process of brushing teeth which is carried out to the bride by the family of the bridegroom who is carried out at the bride's house, and her existence is still maintained; Second, Islamic law has given manifestation to the joints of Learo itself, the presence of Islamic law as an intermediary in this tradition by occupying the permissible position.
Sengketa Wakaf di Kota Gorontalo Ajub Ishak
Al-Mizan (e-Journal) Vol. 13 No. 1 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.824 KB) | DOI: 10.30603/am.v13i1.909

Abstract

Representation of land owned by the Islamic community in Indonesia still uses many habits practiced by the people themselves, including making waqf transactions orally and on the basis of mutual trust between the two parties or between a person and certain institutions. In the management of waqf, of course, it requires the existence of Nazir who has requirements that must be met in carrying out their duties and responsibilities related to waqf management. This is important because there are often problems related to endowments caused by certain factors, which in turn endowments property is changed status or even withdrawn by filing a case in a court institution. Even though the efforts to resolve the family related to the waqf dispute are very satisfying, an affirmation that has legal force regarding the status of the waqf must still be sought.
Analisis Pendekatan Teks dan Konteks dalam Hukum Islam tentang Kasus Korupsi Abdulloh Munir
Al-Mizan (e-Journal) Vol. 13 No. 1 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (713.183 KB) | DOI: 10.30603/am.v13i1.910

Abstract

This study discusses the problem of corruption that occurs in society. This study uses a textual approach and context in Islamic law. The results of the study show that: First, the nature of corruption is an act which all leads to evil, unrighteousness, fraud, injustice which consequently will damage and result in the destruction of the order of life of the family, society, nation and state; Secondly, the Qur'an and hadith mention corruption with several terms, such as: embezzlement, bribery, robbery, theft, and seizure; Third, sanctions for corruptors in the text and context of Islamic law are the death penalty, the law of cutting off hands, being crucified, crossing arms and legs crossing, being exiled and imprisoned.
Penguasaan Hak atas Tanah Bagi Warga Negara Asing Di Indonesia Sufrianto Y. Hanapi
Al-Mizan (e-Journal) Vol. 13 No. 1 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (429.019 KB) | DOI: 10.30603/am.v13i1.911

Abstract

This study discusses the status of land ownership for foreigners in Indonesia. This research is a qualitative research using an empirical juridical approach. Research data obtained from interviews and literature studies. The results showed that the status of ownership of foreigners of land in the province of Indonesia is the usufructuary rights as stipulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation Number 40 of 1996 concerning the right to use is not granted ownership rights. The process of granting land rights for foreigners in Indonesia is in accordance with the laws and regulations set out in Law Number 5 of 1960 concerning Basic Rules of Agrarian Principles and Government Regulation Number 40 of 1996.

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