Al-battar: Jurnal Pamungkas Hukum
al-Battar: Jurnal Pamungkas Hukum is a scientific journal published by Yayasan Cendekia Gagayunan Indonesia, with a frequency of publication three times a year. This journal focuses on legal studies, especially in the realm of Islamic Law, Family Law, Criminal Law, Inheritance Law, Civil Law, and Sharia Economic Law. al-Battar aims to be a forum for legal academics, researchers, and practitioners in publishing research results and scientific studies relevant to legal developments in Indonesia and the Islamic world.
Articles
36 Documents
<![CDATA[Problems Of The Concept Of Kafa'ah In Marriage Between Sharifah And Sayyid ]]>
<![CDATA[Al-Farisi, Sayyid Abdul Mahdi]]>;
<![CDATA[Sar’an, Mohamad]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.5281/zenodo.15294561
<![CDATA[The concept of equality in Islamic marriage aims to avoid the negative impact of inequality between husbands and wives in matters of physical, nasab, property, work, fear and religion. However, the aspect of equity in such matters can have a negative impact, namely, caste as a social stratification system that contradicts Islamic teachings as in marriage between Syriph and Sayyid that makes nasab as the main parameter. As for this research, the aim is to find the problematic factors that emerge from the application of the concept of kafa’ah and also to discover the reconceptualization of kafa'ah in the realization of Islamic marriages that do not raise caste systems in society. This research uses descriptive qualitative methods with library study techniques and case studies. And this study concludes that criteria other than religion in the concept of selfishness can cause social stratification even discrimination in society especially in the marriage between Shariah and Sayyid. Therefore, there is a need for a re-understanding of the concepts of self-ishness in society that is more emphasized on the criteria of religion rather than others. Thus, the existence of the existing kafa’ah is very important by placing the kafa’ah proportionally due to the change of times and societies so that the concept of kafa’ah in the fiqih remains relevant and the value of the merit of the establishment of a law kafa'ah can continue to live and in accordance with the mission or basic principles of Islam that is the principle of egalitarianism.]]>
<![CDATA[Fiqih Masa Depan: Memahami Hukum Keluarga Islam melalui Perspektif Sistemik Jasser Auda ]]>
<![CDATA[Masti yanto]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.5281/zenodo.15294590
<![CDATA[The main problem facing the Islamic world today is the failure in the process of democratization of politics, economic and educational systems, as well as the growing threat of religious extremists (fundamentalists), as well as efforts to foster pluralism and modern understanding of tolerance based on mutual understanding. The purpose of this study is to describe how to understand Islamic family law through the perspective of Jasser Auda. This research uses a qualitative method or library research, where in retrieving data using understanding in reading Jasser Auda's theory and identifying literature studies related to Islamic family law perpsective Jasser Auda. Islamic family law is expected to play a key role in formulating Islamic law that is responsive to social, cultural and technological changes. Within the framework of Jasser Auda's approach.]]>
<![CDATA[Nikah Mut'ah From The Perspective Of The Hadith Of The Prophet Pbuh ]]>
<![CDATA[Rahman, Nur]]>;
<![CDATA[Zulkifli]]>;
<![CDATA[Nelli , Jumni]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.5281/zenodo.15294625
<![CDATA[The Hadith on the law of mut'ah marriage has been around for a long time, and it has raised two mainstream opinions that prohibit and enable it, the first being referred to as the Sunnah clerical reference, while the second one is referring to the opinion of Shi'ite scholars. Sunnah scholars argue that mutahah marriage does not instill permanent family life, facilitates freesex life and is free of marital responsibilities. While the Shi'ite scholars say that the marriage was approved by the Prophet Muhammad. and its ability to last forever. Mutual marriage is an interesting and unique phenomenon to study. Therefore, this study is a perspective study of hadith, so the approach used is the hadith approach to discover the clarity of the status of the hadith. Based on the method used, it is revealed that the hadith contained sanad and matan shahih. Mut'ah marriage is generally forbidden until the Day of Judgment. This is based on the matn of the hadith which states temporally that mut'ah marriage has been permitted, however, then it is prohibited forever. Mut'ah marriage in terms of benefits, then there is no sakinah, mawaddah, wa rahmah in it. The government must more firmly forbid mut'ah marriage. Because, mut'ah marriage is still done by the community. The government must provide legal protection for mut'ah marriage victims. Because this marriage has legal effects on children born from the marriage.]]>
<![CDATA[Hapusnya Hak Mewaris Para Ahli Waris Menurut Pasal 838 KUHPERDATA ]]>
<![CDATA[Asep Irfan]]>;
<![CDATA[Siah Khosyi’ah]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.5281/zenodo.15294654
<![CDATA[The purpose of this research is to find out how the regulation of Inheritance Law according to the Civil Code and how the elimination of inheritance rights and its legal consequences for the heirs. By using normative juridical research methods, it is concluded: 1. Although the heirs in inheritance law are guaranteed the right to inherit as an absolute part (legitieme portie), but in certain cases and circumstances, the heirs' inheritance rights can be revoked or nullified, among others, due to committing crimes such as persecution of the testator, forgery of wills, and so forth. 2. The legal consequences of the elimination of the right to inherit, among others, are that the heirs concerned, in addition to not being entitled to inheritance, can be ostracized or excluded as members of the extended family of the testator.]]>
<![CDATA[Nafkah Iddah After Divorce Hadith Perspective ]]>
<![CDATA[Silviana]]>;
<![CDATA[Zulkifli]]>;
<![CDATA[Nelli, Jumni]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.5281/zenodo.15294666
<![CDATA[Alimony in this form is obligatory based on the Qur'an, the Sunnah and the consensus of scholars. When the two couples are both adults, it is the husband's obligation to provide food, clothing and housing for his wife and children in accordance with the social status of the couple and in accordance with the customs of the community in their place of residence. Iddah maintenance is everything that the husband gives to his divorced wife in the form of clothing, food and shelter. The time of giving alimony is during the iddah period and if the ex-wife has visited her iddah period, it means that the responsibility of the husband who provides alimony is over. The research on "Nafkah Iddah Post Divorce" is a literature review. In this study, the researchers took discussions from books, journals, magazines, or articles that discussed Post-Divorce Iddah Alimony. While this method of approach, the researcher uses an approach method that is viewed from the hadith perspective. In this research we use a hadith perspective review.]]>
<![CDATA[Analisis Kepemimpinan Perempuan Perspektif Dan Perbincangan Terkini Dalam Hukum Islam ]]>
<![CDATA[Ayatullah]]>;
<![CDATA[Syaefullah]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.63142/gpwnwy77
<![CDATA[The purpose of this study is to explore in depth the concept of women's leadership from the perspective of Islamic law. The aim is to provide a clear understanding of Islamic guidelines regarding women's leadership and its limitations. Leadership is understood as behavior that aims to influence the activities of group members in order to achieve a common goal, designed to benefit both individuals and organizations. This study is a literature review using a descriptive-analytic method with a historical-philosophical approach, combining data analysis and documentation verification to ensure valid results. The findings show that women's leadership, from the perspective of Islamic law, is a flexible concept that continues to dialogue with the changing times. Islamic law does not provide strict or definitive practical guidelines regarding women's leadership, as this issue falls under mu'āmalah (human social relations), which requires further elaboration through ijtihad (independent reasoning) and humanitarian considerations. Based on this reasoning, there is no textual or contextual prohibition against women taking on leadership roles. Moreover, leadership is not inherently gendered, as gender is only a difference in identity. Gender refers to the differences between men and women in terms of social, cultural, psychological, and other aspects, which are always related to equal rights between men and women.]]>
<![CDATA[Kedudukan Perempuan Dalam Saksi Nikah Dan Relevansinya Terhadap Saksi Nikah Perempuan Di Indonesia ]]>
<![CDATA[Hasanah, Alfi]]>;
<![CDATA[Zulkifli]]>;
<![CDATA[Nelli, Jumni]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.63142/4h6jcc13
<![CDATA[The issue of marriage witnesses and its relevance to female marriage witnesses is a topic related to Islamic Law and the principles related to marriage. In Islam, marriage witnesses are an important element in the marriage process, and the presence of fair and legal witnesses is a requirement to ensure the validity of the marriage. The aim of this research is to determine the position of women as marriage witnesses and ensure the validity of the marriage and avoid fraud or injustice in the marriage process. In this research the author used a type of library research. The legal sources used are primary data in the form of hadiths regarding marriage witnesses, legislation and compilations of Islamic law, and secondary data in the form of books, journals and so on. The results of this research explain that the position of women in marriage witnesses and their relevance to female marriage witnesses shows that in Islam, there must be two witnesses to a marriage and they must be male. However, there are differences of opinion between some scholars about whether female witnesses are allowed or not. In terms of its application in the Indonesian context, the author is more inclined to agree with Imam al-Syafi'i's opinion which requires male marriage witnesses, because the arguments used in the case of female witnesses are more specific, and also more relevant to society and have been accommodated. in Indonesian laws and regulations such as KHI. However, the author does not rule out the opinion of Imam Abu Hanifah and others who allow female marriage witnesses.]]>
<![CDATA[Kajian Filsafat Hukum Tentang Hak Kampanye Pejabat Negara ]]>
<![CDATA[Reviewers, Indra Budi Jaya]]>;
<![CDATA[Indra Budi Jaya]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.63142/xddbsn84
<![CDATA[The increasingly dynamic life of nationhood and statehood logically entails the demand to uphold basic ethical values and provide moral accountability for the ethics of state officials towards the public. The Campaign Right is a political right inherent to state officials, the implementation of which is regulated and supervised by a set of rules and legal instruments. The implementation of the campaign right by state officials, even though it has a basis in a positivistic and normative sense, often raises issues in practice considering that the position of rights will always be accompanied by obligations. The purpose of this research is to question how the right to campaign as a political right is viewed from the perspective of legal philosophy and how the moral (ethical) accountability of state officials who use the right to campaign is addressed. The research method in this study is qualitative and normative juridical with a philosophical approach and a statute approach that delves deeply into legal issues. The right to campaign is a political right that, from a positivistic and normative perspective, is certainly based on and sourced from the applicable regulations. In this case, the implementation of rights does not correspond with obligations, raising ethical and moral questions. Thus, even though the right to campaign for state officials is granted by law, it is bound by obligations that need to be prioritized. Even though accountability for the ethics and morals of state officials falls within the realm of relativity, which often intersects with political ethics—a domain that is open and vast—the demand for the implementation of state governance based on ethical and moral values is something that needs to be considered.]]>
<![CDATA[Penyelesaian Sengketa Perkawinan Izin Poligami Di Pengadilan Agama Dalam Perspektif Hukum Positif ]]>
<![CDATA[Yanti, Hesti Juli]]>;
<![CDATA[Bahrudin, Memet Isa]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.63142/zp076118
<![CDATA[Polygamy is an issue that continues to be controversial with various pros and cons, every man who wants to have more than one wife must first apply for a polygamy permit. Therefore, this study aims to examine the resolution of marital disputes on polygamy permits in the Religious Courts. This research method uses qualitative research laws that emphasize understanding problems in life, this research is carried out by means of literature study. The results obtained in this study are basically positive law and Islamic law allows polygamy with various conditions and agreements, besides that men must be economically capable, they must also be able to ensure fairness as in Surat An-Nisa verse (3).]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Anak Angkat Berdasarkan Hukum Positif Di Indonesia ]]>
<![CDATA[Wahyudi]]>;
<![CDATA[Juang, Ahmad Syarifudin]]>;
<![CDATA[Saepullah, Usep]]>;
<![CDATA[Abdulah Pakarti, Muhammad Husni]]>
<![CDATA[ al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus ]]>
Publisher : <![CDATA[Yayasan Cendekia Gagayunan Indonesia ]]>
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DOI: 10.63142/xy250n34
<![CDATA[This research was conducted with the aim of knowing the rights of adopted children and the protection of their rights in Indonesia. Child protection concerning various aspects of life and livelihood has been regulated in laws and regulations. In the practice of adopting children in Indonesia, there are still various ways, namely the adoption of children in a customary manner that adheres to Islamic teachings and legally through an application to the court. In fact, there are still many adoptions of children in a traditional manner so that the protection of their rights is not guaranteed. The method used in this study uses a normative juridical research method where legislation, books, journals and other sources that are considered relevant to the problem to be studied become the basis for research, and descriptive analysis is carried out by describing the facts. existing facts with normative juridical legal materials. The results obtained in this study indicate that the position of an adopted child in Islam does not sever the blood relationship between an adopted child and his biological parents, in contrast to civil law an adopted child is sever his relationship with his biological parents, in customary law the position of an adopted child depends on the jurisdiction, because some traditional areas in Indonesia differ in determining the position of adopted children. The protection of adopted children has the same position as children in general with the following protections, protection in the field of religion, protection in the field of education, protection in the health sector, protection in the social sector.]]>
