http://jurnal.staimempawah.ac.id/index.php/fafahhamna/issue/feed Fafahhamna 2024-07-09T05:01:54+00:00 Jauharatus Sa’diyah lp2m.staimempawah@gmail.com Open Journal Systems <p>Fafahhamna: Jurnal Hukum Keluarga Islam, published by the Ahwal Al Syakhshiyyah Study Program, at STAI Mempawah. This journal is published regularly twice a year, namely June and December. The focus of this journal examines research in the field of Islamic legal thought and Islamic family law, both literacy research and field research. The scope of this journal's study is in the field of Islamic thought and Islamic legal thought related to family, human rights, marriage, divorce, inheritance, wills, grants, waqf, zakat and alms.</p> <p>Fafahhamna: Jurnal Hukum Keluarga Islam, diterbitkan oleh Program Studi Ahwal Al Syakhshiyyah, STAI Mempawah. Jurnal ini terbit secara berkala dua kali dalam setahun, yaitu bulan Juni dan Desember. Fokus jurnal ini mengkaji penelitian di bidang pemikiran hukum Islam dan hukum keluarga Islam, baik penelitian literasi maupun penelitian lapangan. Ruang lingkup kajian jurnal ini adalah dalam bidang pemikiran Islam dan pemikiran hukum Islam yang berkaitan dengan keluarga, hak asasi manusia, perkawinan, perceraian, warisan, wasiat, hibah, wakaf, zakat dan sedekah.</p> http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/118 Hak Dan Kewajiban Tangung Jawab Negara Atas Pelindungan Ham (Tinjauan Yuridis Normatif) 2024-06-21T05:09:50+00:00 naberii naberi204@gmail.com <p><em>Indonesia is a legal state that always upholds the implementation of legal supremacy. Rights and obligations are a feeling of great care and concern for all things by being able to accept the consequences whatever happens, which results in honest and real attitudes or actions. Human Rights are a collection of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts which must be respected, upheld and protected by the State, law and Government, and every person for the sake of honor and protection of dignity. </em></p> <p><em>In this writing, the Normative quantitative descriptive writing method is used, namely explaining and analyzing the oldest applicable legal norms in the Constitution of the Republic of Indonesia. In this writing, several things can be produced: firstly, human rights in their concept as human rights are the most basic rights, which are conceptualized as rights that are naturally inherent internally in creatures known as human beings, secondly the essence of two groups of rights These natural human rights are the rights to obtain guarantees and protection for the safety of body and soul as well as property (possessions that are needed for the well-being of life) and within certain limits agreed upon according to freedom law. Third: Laws must be able to guarantee the upholding of rights and the maintenance of freedom for citizens.</em></p> 2024-07-09T00:00:00+00:00 Copyright (c) 2024 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/119 Konteks Riqab Sebagai Mustahiq Zakat (Menurut Wahbah Az- Zuhaili, Yusuf Al-Qardhawi Dan Kontekstualisasi Riqab Dalam Masa Kini) 2024-06-21T05:10:29+00:00 Sri Wahyuni sriwahyunipurun7@gmail.com <p><em>This research raises the first problem, what is the meaning of ar riqab according to Wahbah az-zuhaili, Yusuf Al-Qardhawi and current times? Second, how to contextualize the meaning of ar-riqab when applied today? This type of research is doctrinal research with a statutory approach and a conceptual approach. The results of the research conclude that, first, the ar-riqab in conventional terminology as a slave is no longer relevant in current conditions. Ar-riqab can be understood as people who are shackled in poverty in a structured and massive manner, so that the functionalization of zakat as an economic instrument for the people to promote prosperity can be achieved. Second, one of the meanings of ar riqab that is appropriate to current conditions is the victim of the criminal act of human trafficking. This group is susceptible to economic exploitation so that it is difficult for them to empower themselves because they are under the power of other people. The instrument of zakat as an economic force can play a role in empowering victims of criminal trafficking by including it as aznaf ar riqab. The recommendation of this research is that zakat managers should contextually interpret ar-riqab and no longer focus on the meaning of slave, so that the functionalization of zakat as an instrument for fulfilling welfare can be achieved optimally.</em></p> 2024-07-09T00:00:00+00:00 Copyright (c) 2024 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/121 Status Nasab Anak Akibat Pembatalan Perkawinan Menurut Hukum Islam 2024-06-21T05:10:52+00:00 Rabiatul Hidayah hidayahrabiatul390@gmail.com <p><em>Humans as God's creatures have the highest level compared to other creatures, in their lives humans have biological needs which are skeletal demands. To fulfill these needs, marriage is held as a way out. According to the Marriage Law, namely Law Number 1 of 1974 in Article 1 states that "Marriage is an inner and outer bond between a woman and a man as husband and wife with the aim of forming a happy and eternal family. based on the Almighty Godhead. The problem to be studied in this research is what the child's lineage status is as a result of marriage annulment in Islamic law. The source of data obtained in this writing comes from Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law and several other books and literature.</em></p> 2024-07-09T00:00:00+00:00 Copyright (c) 2024 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/122 Problematika Istri Karir Dalam Membentuk Keluarga Bahagia Di Desa Malikian Kecamatan Mempawah Hilir Kabupaten Mempawah 2024-06-21T05:11:32+00:00 nurul fathanah nurulfathanah543@gmail.com <p><em>In the Islamic view, the position of a career wife is not prohibited, the wife can play a role in helping her husband in the economic stability of the family, but still pays attention to the main function and duties of a wife in the family. Career women often pay little attention to this main obligation, so many wives neglect their duties as wives. In this research, it was found that the factor of wives entering the career world in Malikian Village, Mempawah Hilir District, Mempawah Regency was due to economic needs, wanting to help their husbands, this work could not be done by a man, and because wives having a career was a habit in society. . Apart from that, there are other factors that influence a wife working in Malikian Village, such as lifestyle, education, social inequality, and even the education of her children in the future. This type of research is a type of empirical juridical research, where empirical juridical research is legal research regarding the application or implementation of normative legal provisions directly to each particular legal event that occurs in people's lives.</em></p> 2024-07-09T00:00:00+00:00 Copyright (c) 2024 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/123 Fenomena Sampah Plastik Dan Penanggulangannya Dalam Perspektif Hukum Islam 2024-06-21T05:12:07+00:00 Rondang Herlina rondangherlina@gmail.com <p><em>The paradigm of using plastic bags has become a necessity for some Indonesian people, the packaging is a practical alternative, easy to obtain compared to other types of materials. Even though it is a necessity in human life, the use of plastic bags is a problem in dealing with them because they are difficult to decompose.</em><em>The aim of the research is to determine the phenomenon and efforts to deal with plastic waste which are studied from the perspective of Islamic law, through an empirical qualitative approach, namely a grouping of sciences that focuses on research on human behavior and the environment. Empirical is defined in philosophical terms to explain epistemological theories which consider experience as a source of knowledge. Then empirical research is a method that uses empirical evidence as information obtained through observation or experimentation.</em><em>The results of the research obtained historical knowledge regarding the important need for plastic bags and the consequences they cause, which should be immediately addressed jointly between relevant stakeholders, including the community and business actors. From an Islamic legal perspective, religion has taught the importance of maintaining and safeguarding the environment, including the MUI through Fatwa Number 41 of 2014 concerning Waste Management to Prevent Environmental Damage, but it needs to be implemented further in the form of legal products as a guide for implementation</em>.</p> 2024-07-09T00:00:00+00:00 Copyright (c) 2024 Fafahhamna