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Rizal Darwis
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Sharia Faculty, Campus 1 IAIN Sultan Amai Gorontalo Jl. Gelatik No 1, Kelurahan Heledulaa Utara, Kecamatan Kota Timur, Kota Gorontalo, Provinsi Gorontalo, Indonesia.
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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 15 Documents
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Search results for , issue " Vol 11, No 1 (2015): Juni 2015" : 15 Documents clear
PERLINDUNGAN HUKUM TERHADAP HAK PATEN DI INDONESIA Gumanti, Retna
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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Abstract

An intellectual work is very important to be given an award for the effort and the success of an attempt to create it. This study is the role of government to guarantee legal protection for intellectual property rights. This paper discusses the legal protection of patent rights in Indonesia. It is used the legal approach with methods of critical analysis of law. The results showed that Law No. 14 of 2011 on Patents has provided unequivocal protection for the owner of the patent-infringing patents against infringement.
ISLAM DAN KEKERASAN DALAM RUMAH TANGGA (KAJIAN TAFSIR HUKUM QS. AL-NISĂ’/4: 34) Sakirman, Sakirman
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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Domestic violence is a huge problem and it needs serious handling, both countries through product of laws or religion through the messages of the Qur’an and hadith. This paper discusses the study of interpretation of surah al-Nisā’/4: 34 with a normative approach and it is analyzed by the method of contextual. The results show Islam is a religion that it does not require the existence of discrimination that gave birth to violence, particularly in the domestic sphere. Although in the study of the interpretation of surah al-Nisā’/4: 34 provides justification for the husband beating, but the verse is interpreted by contemporary scholars and it need to reinterpretation and other meaning of words (takwil) in the verse.
PRINSIP DASAR HAM DALAM TERMINOLOGI DOKTRIN HUKUM ISLAM: PENELAAHAN AYAT DALAM AL-QUR’AN DENGAN TAFSIR MAUDHU’IY Budiarti, Budiarti
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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This study suggests the basic concepts and forms of Human Rights (HAM) in the Koran as the basic source of Islamic law since the beginning diperdebatkannya until today. Forms of human rights in the Qur’an, such as freedom, equality, and justice. It seems clear that Islamic law has a strong foundation in the issues of human rights. Even in the particular context of human rights in Islam went one step further than the Western version of human rights. Islamic law not only recognizes human rights as an essential part of the rights and be in a position of primary needs.
PEMANFAATAN UANG KORUPSI UNTUK KEPENTINGAN UMUM: ANALISIS FIQH Jamaa, La
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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Corruption is an act forbidden in Islamic law, because the money of corruption is dirty money. Therefore, there is no zakat from money of corruption, because criminals instead of the original owners the money of corruption. Ideally, money of corrupt should be returned to the state treasury, though with the risk of perpetrators (criminals) sentenced to prison according mistakes. But if the criminals would repent but do not want to jail, then the money of corruption that are within his power to be returned to the path of Allah, which is used for the public interest, both for the construction of mosques, bridges, hospitals, schools and orphanages purposes and other social interests, but the gift is not as alms from criminals, because it also prohibited from engaging in corruption, though the intention of social interest.
FIKIH TASAMUH: MERAJUT HARMONI DALAM KERAGAMAN PENDAPAT A.P. Kau, Sofyan; Suleman, Zulkarnain
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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Abstract

Interpretation and understanding of the authoritative sources of Islam (Quran and Hadith) are not single, but diverse. Therefore, the diversity and differences understanding are inevitable and historical. In the midst of diversity and difference are needed openness, respect and it don’t negate the different opinions, and distanced himself from the claim of truth single opinion is a moral imperative to harmony. This paper offers five principles for knitting harmony intended, namely: mandatory precedence (Wajib) over the Sunnah; promoting scientific paradigm on religious, agreed on the principle (qathi-usul) and tolerant on the particulate matter (zhanni-furu), emphasizes the relationship to the debate; and did not highlight his own opinion as he cornered a different opinion. These five principles of fiqh tasamuh (jurisprudence of tolerant).
PELAKSANAAN HUKUM MATI: KAJIAN HADIS HUKUM RIWAYAT ABDULLAH BIN MAS’UD L., Sulaemang
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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This paper discusses the legal traditions of the implementation of the death penalty by Abdullah bin Masud narrated. It aims to determine an offense as something forbidden or required by law, if it’s done or omitted, then the person act or neglect will be threatened with punishment. The death penalty is the most severe punishment who handed down to the perpetrators of crimes, because it concerns the human soul. If the penalty is impossed, it ended the convist history. The author uses a sociological, theological and Islamic law approach. The results showed that the murder is one crime that it is very wrath by God Almighty, and it is a major sin. In the language of the Koran, the death penalty is called qişaş, so did the traditions of the Prophet, Which is narrated by Ibn Masud ra. Besides, the problem of killing in the hadith also mentioned the problem of adultery and apostasy, which are both lawful bloods. That is punishable by death. The implications of this study is the death penalty is useful to provide education and teaching, to prevent the spread of crime, ensuring the survival of other human beings, as well as upholding the law of Allah on earth, against the perpetrators, so that people will feel safe from crime criminals.
MEDIASI DAN HAKAM DALAM HUKUM ACARA PERADILAN AGAMA Sumanto, Dedi; Syamsinah, Syamsinah
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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This paper discusses mediation and hakam (peacemaker) in procedural law the Religious Courts. This article uses the legal approach and it is analyzed by qualitative descriptive method. The results showed that mediation is a step that is carried out through the Islamic Court judges mediators to facilitate dialogue, assist the parties to clarify the needs and desires of justice seekers, set up guide, assist the parties in rectifying differences of views and work towards an acceptable the parties in the settlement binding.
KEJAHATAN PIDANA KHUSUS KORUPSI DI INDONESIA PERSPEKTIF HUKUM ISLAM PROGRESIF DALAM INTEGRITAS HUKUM NASIONAL Fatakh, Abdul
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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Corruption is a crime enormous harm to the community and it is an issue that needs serious treatment by law enforcement. This paper discusses the perspective of a progressive Islamic law in the integrity of national law against corruption. This paper analyzed the approachs of national law and Islamic law. The results showed that law enforcement corruption in the legal review of progressive Islam begins with awareness and understanding of modernization. Awareness of the system of political and economic laws, officers, the public, and anyone, so as to integrate its values on positive law and can directly change the character of the personality of the soul and mind personalized Muslim-majority Indonesia are Muslim, so it will bear legal certainty, usefulness Indonesian law and justice in a truly progressive of the Quran and the Sunnah of the Prophet.
PENERAPAN KEPUTUSAN VERSTEK DI PENGADILAN AGAMA Darmawati, Darmawati; Zainuddin, Asriadi
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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Abstract

Implementation of verstek decision in the Religious Court is one of the decision which handed down by the judges in the court. Verstek decision, is the decision which handed down because the absence of the defendant even though the defendant himself has been summoned by the proper and authorized. Verstek decision will be handed down after the parties were called and examined his case and examine whether the matters raised by the plaintiff it can be proved and the authority of the Religious Court. In the verdict verstek, then demand can be granted if the suit was groundless and did not fight right. But if the suit was groundless and or against the rights, the decision of the judge verstek a statement that the plaintiffs claim is not accepted, and if the claim is granted with verstek verdict, the defendant may seek such objection with verzet.
PROBLEMATIKA ADZAN DI KOTA GORONTALO (Menelusuri Paradigma Masyarakat tentang Adzan dan Iqamat Magrib Tanpa Jeda) Kasim, Dulsukmi
Al-Mizan Vol 11, No 1 (2015): Juni 2015
Publisher : IAIN Sultan Amai Gorontalo

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Athan and Iqama are including one tawqifi issues in Islamic jurisprudence, but its application in the middle of the race still leaves the problem, particularly in the Gorontalo city. This study discusses the paradigm of Gorontalo City community about Athan and Iqama on Magrib (sunset) without pause. This research is a qualitative descriptive study with using philosophical and sociology approachs. The research data were collected through observation, interviews and documentation, then there are analyzed descriptively qualitative. The results showed that historically, the emergence of the call to prayer (Athan) and Iqama on Magrib (sunset) without a break in Gorontalo are inseparable: the history of the mosques first in Gorontalo and the presence of three figures charismatic clerics in Gorontalo city and they serves as a role model race, so that has implications for understanding Athan and Iqama on Magrib (sunset) without pause. When this phenomenon in terms of a philosophical religion, then its not found any of the arguments of the Quran and Hadis to confirms it.

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