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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. 2 (2024): Agustus" : 5 Documents clear
Analisis Kepemimpinan Perempuan Perspektif Dan Perbincangan Terkini Dalam Hukum Islam Ayatullah; Syaefullah
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/gpwnwy77

Abstract

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.
Kedudukan Perempuan Dalam Saksi Nikah Dan Relevansinya Terhadap Saksi Nikah Perempuan Di Indonesia Hasanah, Alfi; Zulkifli; Nelli, Jumni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/4h6jcc13

Abstract

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.
Kajian Filsafat Hukum Tentang Hak Kampanye Pejabat Negara Reviewers, Indra Budi Jaya; Indra Budi Jaya
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/xddbsn84

Abstract

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.
Penyelesaian Sengketa Perkawinan Izin Poligami Di Pengadilan Agama Dalam Perspektif Hukum Positif Yanti, Hesti Juli; Bahrudin, Memet Isa
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/zp076118

Abstract

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).
Perlindungan Hukum Terhadap Hak Anak Angkat Berdasarkan Hukum Positif Di Indonesia Wahyudi; Juang, Ahmad Syarifudin; Saepullah, Usep; Abdulah Pakarti, Muhammad Husni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/xy250n34

Abstract

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.

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