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Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Published by Institut Agama Islam Negeri Bengkulu
ISSN : 23555173     EISSN : 26569477     DOI : -
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
JURNAL ILMIAH MIZANI : Wacana Hukum, Ekonomi, dan Keagamaan is a scientific publication journal that contains Islamic law, Economics, and Islamic Religious Studies to support the development of Islamic knowledge. This journal is published two times a year in March and September by Faculty of Islamic Law of State Institute for Islamic Studies (IAIN) Bengkulu.
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Articles 7 Documents
 1 
Search results for , issue "Vol 5, No 2 (2018)" : 7 Documents clear
DINAMIKA IBADAH KURBAN DALAM PERKEMBANGAN HUKUM ISLAM MODERN B. Hariyanto
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 5, No 2 (2018)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (305.417 KB) | DOI: 10.29300/mzn.v5i2.1443

Abstract

Sacrifice is a necessity in the activities of Muslims every year. In addition to having a vertical dimension in the form of obedience to the commands of Allah SWT, sacrificial worship also has a horizontal dimension that is urgent for ukhuwah Islamiyah, namely concern for others and justice in realizing Muslim unity. The progress of the times achieved by modern civilization can actually be solutions that facilitate all forms of Islamic worship practices. Collective goat sacrifices, online sacrificial worship, sacrificial slaughter with mechanical devices, and sacrificial canning are some of the dynamics that occur in Muslim communities in the world. These dynamics must be addressed wisely in accordance with the objectives of the Shari'a. The progress of the era with all its derivatives requires every Muslim to continue to strive to understand and explore the philosophical and axiological meanings of all the worship carried out, including in the implementation of sacrificial worship.
ISTIQRĀ’ DAN PENERAPANNYA TERHADAP AL-QAWĀ`ID AL-FIQHIYYAH Safriadi Safriadi
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 5, No 2 (2018)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.771 KB) | DOI: 10.29300/mzn.v5i2.1439

Abstract

Al-Qawā‘id al-Fiqhiyyah is a general theory of Islamic law produced through the istiqra’ '(induction) process. But such affirmation has never been done and to do so requires adequate evidence and analysis of the working techniques of al-Qawā‘id al-Fiqhiyyah. The author in this study conducted a study of al-Qawā‘id al-Fiqhiyyah compiled by Tāj al-Din al-Subki in his work al-Asybāh wa al-naẓā‘ir. This research is a library research with an approach to the philosophy of Islamic law. The results state that the work method istiqrā ', namely the principle of thinking that draws conclusions from empirical research on particular events into a unity of universal law. This legal conclusion will be applied (prediction) to the object of the problem which still has relevance to the particular things mentioned earlier. The role of istiqrā 'in the preparation of al-Qawā'id al-Fiqhiyyah in particular al-Qawā'id al-Asāsiyah is to take the essence of the rules of fiqh (furū') which have similarity to illat or wisdom which results are then formulated in general rules which includes cases of particular law below. Besides that, each rule always includes exceptions (muśtanāyat). This form of exception is in terms of the problem of induction in logic.
AKOMODASI BUDAYA LOKAL DALAM PUTUSAN TARJIH MUHAMMADIYAH Supardi Mursalin
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 5, No 2 (2018)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (305.288 KB) | DOI: 10.29300/mzn.v5i2.1444

Abstract

The cultural appreciation in Muhammadiyah seemed to be unfavorable. Muhammadiyah residents are considered to have anti-cultural tendencies, and in reality Muhammadiyah is known as a missionary movement that is very anti against popular religious cultures such as tahlilan, yasinan, and istighasah. This impression is not entirely true, because one of the institutions in Muhammadiyah, Majelis Tarjih and Tajdid, discussed religious issues that emerged in the community to find solutions, solutions or answers. The issue of the Veil in the Tarjih Muhammadiyah Decision has somewhat revealed a desire to accommodate local culture with the verdict applied. This accommodation, textually the verdict is considered still shy, but in the field in general it has adjusted to the local culture or even with the progress of civilization.
USUL FIKIH: REKONSTRUKSI METODOLOGIS DALAM DINAMIKA HUKUM ISLAM Efrinaldi Efrinaldi
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 5, No 2 (2018)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.44 KB) | DOI: 10.29300/mzn.v5i2.1440

Abstract

The philosophical-historical analysis on Islamic law amid the society is becoming an increasing focus of attention, especially for academicians. Their debates, to some extend, are nearly touching even the sacralized matter. But it is also regrettable that what  they have discussed so far are merely the problems on the surface and considered trivial as they do not touch  the core of the problem likes establishing a new-accepted and relevant theory. What they have done or discussed are merely repetitive. The point to be discussed here is the sacralization of the thoughts and blind following toward one  thought of school. Employing the philosophical-historical analysis on Islamic law and it relationship with the Islamic jurisprudence and comparing it with the contemporary methodology, this writing is aimed at looking for new formula on the Islamic  jurisprudence reasoning with the development of methodology of Islamic studies.
TRADISI DUTU PADA PERKAWINAN ADAT SUKU HULONDHALO DI KOTA GORONTALO PERSPEKTIF MAQĀSHID AL-SYARĪ’AH Nurul Mahmudah; Supiah Supiah
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 5, No 2 (2018)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.636 KB) | DOI: 10.29300/mzn.v5i2.1445

Abstract

In Gorontalo city there is a tradition of dutu in his traditional marriage. This tradition certainly has philosophical reasons behind it, and one method of knowing the philosophy behind a rule is to use maqaid al-shari'ah al-Syaṭibi. The focus of this research is (1) How is the implementation of fiqh principles in the Hulondhalo tribe in the implementation of the tradition of dutu in customary marriage in the city of Gorontalo (2) How is the review of maqashid al-shari'ah on the tradition of traditional marriage dutu in the Hulondalo tribe in Gorontalo at a very expensive cost. This type of research is qualitative research, and the form of field research. The results of this study concluded that: (1) the implementation of the fiqh method was evidenced by the implementation of the tradition of the dutu whose procedure was to deliver 1 package of dowry and custom attributes delivered to the bride's house. For the tradition of dutu in the context of modernity, family position is a measure of the value of dowry for the bride and the social achievement of the woman. The higher the social value, the higher the value of the dowry. This is in accordance with the arguments of the hadith of the Prophet. (2) The review of maqashid al-shari'ah in this tradition includes the category of maqaṣid hajiyyat which safeguards maqaṣid dharuriyyatnya. Marriage as a form of hifz al-nasl which is commanded by Allah. The price of the dowry is in the position of ma'aid taḥsīniyyat to glorify a woman as a manifestation of maintaining religion, soul, mind, lineage, and wealth.
KEDUDUKAN DAN HAK ANAK LUAR NIKAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TENTANG STATUS ANAK LUAR NIKAH Nurul Hak
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 5, No 2 (2018)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.476 KB) | DOI: 10.29300/mzn.v5i2.1441

Abstract

This article describes that since the ruling of the Constitutional Court No. 46/ PUU-VIII / 2010 concerning the status of children out of wedlock, there are pros and cons in the community in responding to the decision. Because this decision is on the one hand different from the provisions in Law No. 1 of 1974 and contrary to the fatwa of the Indonesian Ulama Council No. 11 of 2010 concerning the position of adultery children and treatment of them, on the other hand in their implementation requires implementation regulations which up to now do not yet exist. In the decision of the Constitutional Court it became clear the legal position of zina children or children born without going through the door of marriage, as illegitimate children, he only had a civil relationship with his mother and his mother's family. For men who cause their birth to be subject to ta'zir punishment, by providing a living and living necessity, the punishment is solely to provide protection for the child, so that the child gets the proper life insurance. The civil relationship of the child of adultery results does not cause a nasab relationship, but requires the biological parents to provide a guarantee of life for their child. If an adultery child is a woman, if she wants to get married, then the right to become a guardian is the guardian of the judge, while her parents, in this case her biological father is obliged to hold the marriage ceremony.
SIGNIFIKANSI LEMBAGA AL-ḤISBAH DALAM SISTEM EKONOMI ISLAM Khairuddin Wahid
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 5, No 2 (2018)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (473.673 KB) | DOI: 10.29300/mzn.v5i2.1442

Abstract

If the teachings of neoclassical economic systems minimize the role of the state in the market, and conversely the teaching of socialist economic systems maximizes the role of the State in the market, Islamic economic systems teach that markets, countries and individuals are in balance (iqtiṣād / equilibrium). This means that for Islamic economic systems, the State is in a unified system. However, Islamic economic systems guarantee a free market mechanism, where sellers and buyers are free to compete fairly in terms of equity. To guarantee the sustainability of this market fairly, from the outset the Messenger of Allah saw attention to the market by conducting an investigation into the market. This sunna is preserved by friends and the Islamic world, which in turn is transformed into an institution of ratio. After observing the objectives, principles, and characteristics of Islamic economic systems, it turns out that the existence of this market watchdog is a necessity, as a logical consequence of the Islamic economic system it self.

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