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All Journal Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Julia Barus
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Studi Komparatif: Pandangan Ulama Mengenai Nasab sebagai Syarat Kafa’ah dalam Pernikahan Muhammad Hafiz Fajar Hidayah; Julia Barus
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i2.1206

Abstract

This study analyzes the concept of nasab as one of the criteria for kafa'ah in marriage according to the views of scholars across madhhabs. Kafa'ah is defined as equality between husband and wife candidates in various aspects, such as religion, lineage, wealth, and social status, with the aim of creating a harmonious and sustainable household life. The research approach is conducted through a literature study with a comparative analysis method of the views of the Hanafi, Maliki, Shafi'i and Hambali madhhabs. The majority of scholars from various madhhabs recognize the importance of nasab as one of the determining elements in kafa'ah, especially to maintain family honor and stability. However, the Maliki school of thought emphasizes that equality in terms of religion and morals has more significant weight than nasab, in line with the principles of universality and human equality in Islam. This study concludes that although there are differences of opinion among scholars, they all lead to the common goal of realizing a solid marriage that is in line
Aktifitas Bantuan Hukum Gratis dalam Meningkatkan Akses Keadilan bagi Masyarakat Miskin Ali Ad Dhar; Muhammad Khotami Alfarisi; Mutiara Liza; Julia Barus
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 4 (2024): Desember : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i4.1003

Abstract

Protection and recognition of human rights is the responsibility of the state as a consequence of its status as a country of law. Every individual, including the poor who face legal problems, has the right to receive equal treatment before the law. Access to justice is a fundamental right of every citizen, but the poor often face various obstacles in obtaining legal aid. Legal aid for the poor is guaranteed by the constitution, but its implementation still faces various obstacles. The purpose of writing this journal is to enrich the literature related to the implementation and optimization of legal aid for the poor based on Law Number 16 of 2011 concerning Legal Aid. This study uses a literature study approach by reviewing primary and secondary legal materials and analyzing them through various theories, doctrines, and legal principles. The results of this study are expected to contribute to increasing access to justice for the poor in Indonesia.
Co-Authors Ali Ad Dhar Muhammad Hafiz Fajar Hidayah Muhammad Khotami Alfarisi Mutiara Liza