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 11 Documents
Search results for , issue "Vol. 11 No. 1 (2015): Al-Mizan" : 11 Documents clear
Pemanfaatan Uang Korupsi untuk Kepentingan Umum: Analisis Fiqh La Jamaa La Jamaa
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.23 KB) | DOI: 10.30603/am.v11i1.150

Abstract

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.
Kejahatan Pidana Khusus Korupsi di Indonesia Perspektif Hukum Islam Progresif dalam Integritas Hukum Nasional Abdul Fatakh
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.715 KB) | DOI: 10.30603/am.v11i1.151

Abstract

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 Qur'an and the Sunnah of the Prophet.
Respon Terhadap Hukum Perkawinan di Indonesia Nety Hermawati
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.796 KB) | DOI: 10.30603/am.v11i1.988

Abstract

Historical development of the law of marriage in Indonesia experienced a long process until it forms into a law. Various responses of the law appears to be related to the formation of this marriage. This article discusses the public response to the marriage law in Indonesia. This study uses the approach of legal history. The results showed that the birth of the marriage law in Indonesia can’t be separated from political interference and the existence of women's and feminist Indonesia. Then in this era of reform, gender activists would like to reconstruct Law 1 of 1974.
Perceraian Akibat Peralihan Agama: Studi Kasus Tentang Putusan Hakim Pengadilan Agama Gorontalo Hamid Pongoliu
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.635 KB) | DOI: 10.30603/am.v11i1.989

Abstract

Each couple would not want a divorce, but sometimes there just are not inevitable problems that lead to domestic harmony fall apart and eventually divorced, and one of them is due to the conversion. This study is field research by taking the case from 2009 to 2013 that it have been decided the Gorontalo Religious Court judges. The results showed the issue of conversion is a complicated issue and is very influential in household harmony husband and wife who causes discord and eventual divorce. Conversion are included in the category of unbelievers who sparked a major problem that can not be reconciled, and came to the trial panel of judges decided to divorce. In addition, the conversion brought due to the difficulties set religious status of children, maintenance, education, finance, and about inheritance, community property between husband and wife.
Islam dan Kekerasan Dalam Rumah Tangga (Kajian Tafsir Hukum QS. Al-Nisa/4: 34) Sakirman Sakirman
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (407.922 KB) | DOI: 10.30603/am.v11i1.990

Abstract

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.
Pelaksanaan Hukum Mati: Kajian Hadis Hukum Riwayat Abdullah Bin Mas'ud Sulaemang L.
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (465.429 KB) | DOI: 10.30603/am.v11i1.991

Abstract

This paper discusses the legal traditions of the implementation of the death penalty by Abdullah bin Mas'ud 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 Mas'ud 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.
Daya Serap Lembaga-Lembaga Fatwa di Indonesia Terhadap Masalah Hukum Kontemporer Ajub Ishak
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.392 KB) | DOI: 10.30603/am.v11i1.992

Abstract

This paper discusses the existence of the fatwa institutions in Indonesia to solve the problems of contemporary law. This is evident in the implementation of Islamic law are represented by several institutions fatwas, such as the Indonesian Ulema Council (MUI), which has a Fatwa Commission; Muhammadiyah has Majlis Legal Affairs Committee, Nadhatul Ulama (NU) has Bahtsul Masa'il, and Persatuan Islam (Persis) has Hisbah Board, and the Ministry of Health of the Republic of Indonesia has a Health Advisory Council and Syara (MPKS). This paper is a literature study using fiqh approach and sociology of Islamic law approach. The results showed the existence of the fatwa is crucial to answering the legal status of contemporary issues in society. But the results fatwa has no consequences and legal consequences for all the strict Muslim society.
Qaul Qadim dan Qaul Jadid Imam Syafi'i: Telaah Faktor Sosiologisnya Lahaji Lahaji; Nova Effenty Muhammad
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (299.595 KB) | DOI: 10.30603/am.v11i1.993

Abstract

This paper aims to determine the sociological factors which underlying the birth of the old fatwas (qaul qadim) and the new fatwas of Imam Shafi'i. This research is a qualitative descriptive with the sociology of Islamic law approach. The results showed that the birth of the old fatwas and the new fatwas of Imam Shafi'i because the time difference and the case in the area of Baghdad and Egypt when he settled there. The fatwa difference to accommodate legal issues that arise at the moment and this requires ijtihad, so that Islamic law will contribute significantly and functional in anticipation of social dynamics with different complexity of the problems it causes.
Medisi dan Hakam dalam Hukum Acara Peradilan Agama Dedi Sumanto; Syamsinah Syamsinah
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (241.151 KB) | DOI: 10.30603/am.v11i1.994

Abstract

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
Prinsip Dasar HAM Dalam Terminologi Doktrin Hukum Islam: (Penelaahan Ayat Dalam Al-Qurán dengan Tafsir Maudhu'iy) Budiarti Budiarti
Al-Mizan Vol. 11 No. 1 (2015): Al-Mizan
Publisher : LP2M Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (411.33 KB) | DOI: 10.30603/am.v11i1.995

Abstract

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.

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