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Al-battar: Jurnal Pamungkas Hukum
Published by Yayasan Cendekia Gagayunan Indonesia
ISSN : -     EISSN : 30638895     DOI : https://doi.org/10.63142/9td8h174
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
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.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2024): April" : 5 Documents clear
Problems Of The Concept Of Kafa'ah In Marriage Between Sharifah And Sayyid Al-Farisi, Sayyid Abdul Mahdi; Sar’an, Mohamad
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15294561

Abstract

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.
Fiqih Masa Depan: Memahami Hukum Keluarga Islam melalui Perspektif Sistemik Jasser Auda Masti yanto
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15294590

Abstract

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.
Nikah Mut'ah From The Perspective Of The Hadith Of The Prophet Pbuh Rahman, Nur; Zulkifli; Nelli , Jumni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15294625

Abstract

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.
Hapusnya Hak Mewaris Para Ahli Waris Menurut Pasal 838 KUHPERDATA Asep Irfan; Siah Khosyi’ah
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15294654

Abstract

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.
Nafkah Iddah After Divorce Hadith Perspective Silviana; Zulkifli; Nelli, Jumni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 1 (2024): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15294666

Abstract

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.

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