Al-Mizan (e-Journal)
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.
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<![CDATA[Analisis Fatwa ‘Ali Jum'ah tentang Nikah ‘Urfi dalam Kitab al-Kalim al-Thayyib Fatawa Ashriyyah ]]>
<![CDATA[Ulya Hikmah Sitorus Pane]]>;
<![CDATA[Muhammad Rozali]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.125
<![CDATA[This study aims to analyze fatwa ˜'Ali Jum'ah, a Grand Mufti of Egypt about 'Urfi Marriage in al-Kalim at-Thayyib Fatawa Ashriyyah. This study used a qualitative descriptive approach, and the type of research literature (Library Research). This research was conducted by examining the writings to solve a problem with a critical and in-depth manner. The findings of this study are: First, 'Urfi Marriage is a marriage that all the pillars and conditions, just not recorded in the institution of marriage registration. Second, 'Urfi Marriage is complete terms and pillars, marriage is valid and has been validated by the fatwa institution Dar al-Ifta' Egypt, through a fatwa '˜Ali Jum'ah, The fatwa was issued due to rampant 'Urfi Marriage and the high cost of the wedding, with this fatwa 'Urfi Marriage be legal. Third, the scholars differ on this marriage law, the classical scholars allowing this marriage, because the problem does not exist at the time of registration before, while contemporary scholars there are disagreements, partly justified and partly forbidden to see the conditions that developed at this.]]>
<![CDATA[Relevansi Risalatu Al-Qada' Umar terhadap Etika Profesi Hakim di Indonesia ]]>
<![CDATA[Dulsukmi Kasim]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.131
<![CDATA[Professional ethics of a judge is something that is universal, meaning adopted, recognized, and found in the country's legal system, anytime and anywhere. That's because the problem was related to the problem of moral values, kindness, and decency which ideally is indeed the behavior and moral values that should always be held firmly by a who is a judge in performing their duties. In fact, it is not enough merely preserved, moral values are also always dibugarkan and developed in carrying out their duties. Relation risalatul al-qada' is very relevant to the professional ethics of judges in Indonesia because it contains in it the principle of the independence of judges in performing their duties; equality and fairness by not distinguishing between litigants; the principles of professionalism and has a personality that is unimpeachable; and the normative theological principles and peace.]]>
<![CDATA[Problematika Mediasi di Pengadilan Agama Gorontalo dan Pengadilan Agama Limboto Tahun 2015 ]]>
<![CDATA[Ahmad Faisal]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.126
<![CDATA[The integration of mediation in court practices, on the one hand intended to avoid the accumulation of cases, but on the other hand increase the burden of the judges. For that reason, it is understandable if the success rate is very small mediation divorce case. Paramediator limited time availability, lack of skills/skill mediator, lack of motivation and persistence finish the case, the absence of a mediator from outside the court registered a problematic instrument relating to the judge mediator. This condition presupposes the involvement of non-judge mediators, who have local knowledge base to engage in mediation cases. In fact, the regulations will it also looked very normative-procedural. In addition, this type of divorce case is rather complicated, especially if motivated by domestic violence, disharmony, the presence of third parties into its own problematic when mediated. But the most decisive is the parties who appeared since the beginning has been shut down to peace, making its implementation more complicated problems of mediation in Gorontalo Religious Court and Limboto Religious Court.]]>
<![CDATA[Rekaman Video CCTV (Close Circuit Television) dalam Pembuktian Acara Pidana ]]>
<![CDATA[Nita Anggraeni]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.132
<![CDATA[The raising of technology is unvoidable in change of human civilization. That influence in various aspect, and also in law enforcement. In the past, thief can only stealling gods by bring something unlawfull, definition of gods just limited for something can touch or see, with direct manner. In digital era thief not only can steal gods by direct manner but also with the other one, they have just only “clicked†one of the button, and get money or gods by break the account of the bank by use internet access ,we called cyber cryme. Currently with the murder of using cianida toxic, the expert witness talk about cctv evidence, the one agree and the other one disagree put in evidence categorie. In this era, need electronic evidence. Law of criminal procedure not recognize electronic evidence . that was not accordance with circumstance. uu ite recognize the digital evidence that permitted use in the other procedure law.]]>
<![CDATA[Dinamika Pemikiran Hukum Islam: Corak dan Karakteristik ]]>
<![CDATA[Zulkarnain Suleman]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.127
<![CDATA[This paper descibes the dynamic of Islamic law. Dynamics of Islamic law was born through a progressive process of ijtihad. Ijtihad progressive Islamic law gave birth to four products, namely fiqh, fatwa, legislation in Muslim countries (Qanun) and a court decision (making up). The fourth product of the Islamic legal thought is rich with a diverse opinion (deviation). In the Sunni Jurisprudence born five popular Islamic school of thought (Hanafi, Maliki, Shafi'i, Hanbali and Zahiri) with different patterns of thought. Rational Hanafi, Maliki tend to the opinion of the People of Madinah, the moderate Shafii, Hanbali tradition emphasizes the meaning of birth and textual Zahiri.]]>
<![CDATA[Perjanjian Lisensi di Indonesia ]]>
<![CDATA[Retna Gumanti]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.133
<![CDATA[The birth of a license agreement can not be separated from the fact that the invention patent holder of technology and very little comes from Indonesian society it proves that the Indonesian people's ability to produce a new invention that can be obtained patent rights have not shown great progress and development. These conditions support and open the occurrence of an agreement on a patent license that comes from abroad. The entry of the birth of various patents and license agreement is a logical consequence of the enactment of patent laws and the globalization of the economy are on the growth and development of industrialization. The license agreement in view of the civil law, the types of agreements innominant that kind of agreement or agreements which are not regulated outside the Civil Code. Although this type of agreement is not set, but the general provisions in the preparation and execution of this patent license agreement apply the general principles of the agreement in the Civil Code.]]>
<![CDATA[Objektifikasi Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan (Sebuah Gagasan Pemikiran) ]]>
<![CDATA[Dikson T. Yasin]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.128
<![CDATA[This study analyzes the modern legal formulation in the formulation of Islamic marriage law in Indonesia. Therefore, the objective considerations in establishing the rule of law a marriage becomes absolutely necessary. In addition, the formulation must produce the material marriage laws within the context of socio-cultural and socio-historical Indonesian Islamic community. With the approach of social history, this study would like to assert that the products Islamic marriage law Indonesia should not only by tradition inherited from generation-a generation ago, but required a study approach to social history with attention and consider the social life of the Indonesian Islamic community who step toward community modern Islam. It is characterized by the marriage laws that are applied to the Indonesian Islamic community in the form of legislation, namely Law No. 1 of 1974. When the Indonesian Islamic marriage law has been codified into national law, then the legislation can be regarded as consensus of Indonesia, or can be viewed as an Indonesian fiqh formulations.]]>
<![CDATA[Sistem Bagi Hasil Pertanian Pada Masyarakat Petani Penggarap di Kabupaten Gorontalo Perspektif Hukum Ekonomi Islam ]]>
<![CDATA[Rizal Darwis]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.122
<![CDATA[Discourse on the cooperation system of agricultural land in the Islamic jurisprudence has to be specific regulated with a familiar term: mudharabah, muzara’ah, musaqah, and mukhabarah. This paper examines the system for the agricultural community in the district of Gorontalo sharecroppers perspective of economics Islamic law. It is a descriptive qualitative research and the data was collected using observation, interviews, and document review. Finding of this study revealed that adapted form of profit sharing land with the agreement of both parties, such as one-half, one-third and one-quarter to see who the provider of seed and operational costs and see nature if crop failure. Implementation of the system for this result is in line with the legal concept of Islamic economics by eliminating injustice to the parties whom to contract it. In addition, these practices have a positive impact for smallholders to raise the level of the economy.]]>
<![CDATA[Fatwa dalam Pemikiran Hukum Islam ]]>
<![CDATA[Nova Effenty Muhammad]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.129
<![CDATA[Fatwa is a product of Islamic legal thought which gives answers to the questions of law determined by the mufti. The answer given by the mufti can only verbally, but usually in written form. Philosophically, giving fatwa means gave the law of God to man. Therefore, one must know what the mufti delivered and to be a famous person's right, good behavior and credible, both words and deeds. Although the fatwa is not binding, but factually fatwa play an important role and occupies a strategic position in the treasures of the dynamics of Islamic law globally mainly in various parts of the Islamic world. Institutions such as the MUI fatwa in Indonesia, Nahdlatul Ulama Bahtsul Masa'il (hereinafter referred to as NU) and Muhammadiyah Legal Affairs Committee.]]>
<![CDATA[Akomodatif Kompilasi Hukum Islam (KHI) Indonesia terhadap Hukum Adat ]]>
<![CDATA[Sofyan A. P. Kau]]>
<![CDATA[ Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo ]]>
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DOI: 10.30603/am.v12i1.123
<![CDATA[Compilation of Islamic Law (KHI) Indonesia is the Indonesian fiqh in the language of the law. Called as Fiqh of Indonesia because Indonesia besides tempered personality, also adopted the customary laws that live in the local tradition as part of Islamic law. This paper demonstrates the accommodating attitude KHI with customary law. Among other provisions concerning joint property and inherit each other between the adopted child and the adoptive parents through the institution was borrowed. Both laws were adopted in customary law is the result of ijtihad scholars of Indonesia, because the issues are both not found in Jurisprudence. Indonesian cleric's innovative creations, besides being a form of manifestation of the characteristics of Islamic law that is dynamic and creative, also an Indonesian Islamic identity in the field of law.]]>
