Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna <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> Program Studi Ahwal Al-Syakhshiyyah en-US Fafahhamna Peran Bimbingan Perkawinan Dalam Mewujudkan Keluarga Sakinah, Mawaddah Warahmah Di Kantor Urusan Agama Kecamatan Sungai Raya Kabupaten Bengkayang Kalimantan Barat http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/223 <p><em>Marriage and family formation are human nature, but realizing a harmonious home life is not a simple thing. Various challenges, such as conflict and unpreparedness of the spouse, are often triggers for disharmony and divorce. Therefore, marriage guidance for the bride-to-be is a strategic effort in preparing couples to build a family that is sakinah, mawaddah, and warahmah. This study aims to find out the implementation of marriage guidance and its role in realizing the family of sakinah, mawaddah, and warahmah in the Religious Affairs Office (KUA) of Sungai Raya District, Bengkayang Regency, West Kalimantan. The research method used is descriptive qualitative research with a field approach to describe in depth the phenomena that occur at the research site. The results of the study show that the implementation of Bride-to-be Guidance (BIMWIN) at KUA Sungai Raya District has been effective and in accordance with the guidelines of the Directorate General of Islamic Community Guidance Number 172 of 2022. This guidance program plays an important role in providing an understanding of the rights and obligations of husband and wife, conflict management, and strengthening Islamic values in the family. Thus, marriage guidance has been proven to contribute to minimizing domestic conflicts and encouraging the realization of a harmonious family.</em></p> Inayatun Rohmawati Copyright (c) 2026 Fafahhamna 2026-06-13 2026-06-13 5 1 Urgensi Kafa’ah Dalam Membangun Keluarga Sakinah Perspektif Maqasid Al-Usrah Jamal Ad-Din ‘Atiyyah http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/241 <p><em>Marriage in Islam aims to form a family that is sakinah, mawaddah, and warahmah. In the process of building a family, the concept of kafa</em><em>’</em><em>ah (equivalence of prospective spouses) is an important aspect that needs to be considered even though it is not a valid requirement for marriage. The absence of kafa'ah in fundamental aspects such as religion, morals, education, and vision of life often triggers domestic conflicts and leads to divorce. This study aims to analyze the urgency of kafa'ah in marriage based on the perspective of maqaṣid al-usrah according to Jamal ad-Din </em><em>‘</em><em>Aṭiyyah and explain the relevance of kafa'ah to the realization of the sakinah family. This research uses a descriptive-analytical qualitative method with a type of library research. Primary data were obtained from the works of Jamal ad-Din </em><em>‘</em><em>Aṭiyyah as well as classical and contemporary fiqh literature on kafa'ah. The results of the study show that the concept of kafa'ah has strong relevance to the seven maq</em><em>asid </em><em>al-usrah which include sakinah, mawaddah warahmah, ta</em><em>’</em><em>aawun, hifz al-nasl, tarbiyah, islah and istiqrar. Kafa'ah not only means social equality, but also value equality, religiosity, and mental and emotional readiness that support household resilience. Thus, kafa'ah must be understood as a strategic principle of maqasidi in building a harmonious and sustainable family.</em></p> Khusniyah Utami Farida Ulvi Na’imah Copyright (c) 2026 Fafahhamna 2026-06-13 2026-06-13 5 1 21 36 Aborsi Akibat Pelecehan Dalam Kajian Hukum Islam Dan Hukum Positif http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/250 <p><em>Abortion resulting from pregnancy caused by sexual harassment is a complex issue from both Islamic and positive law perspectives. Under Islamic law abortion is fundamentally prohibited because it violates the principle of life protection. However there are differing opinions among Islamic scholars regarding its permissibility in emergency situations including pregnancies resulting from rape particularly before the fetus reaches 120 days of gestation. Meanwhile, positive law in Indonesia provides exceptions to the prohibition on abortion in certain cases, such as medical emergencies and pregnancies resulting from rape, with strict requirements and procedures in accordance with statutory regulations. This study aims to compare these two legal perspectives in handling cases of abortion resulting from sexual harassment. The method used is a normative juridical approach with an analysis of relevant legal sources. The results of the study indicate that both legal systems provide room for exceptions to protect women's safety and rights.</em></p> Sri Wahyuni Rabiatul Hidayah Copyright (c) 2026 Fafahhamna 2026-06-13 2026-06-13 5 1 37 49 Hibah Sebagai Instrumen Preventif Dalam Meminimalisir Potensi Sengketa Waris Di Lingkungan Keluarga: Analisis Hukum Islam Dan Persfektif Yuridis http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/251 <p style="margin: 0cm; margin-bottom: .0001pt; text-align: justify; text-indent: 1.0cm;"><em>Inheritance disputes are a crucial phenomenon in Indonesia that often leads to fractures in fraternal relations and the burden of litigation in court. This study aims to analyze the legal position of grants from the perspective of Islamic Law (KHI) and Positive Law (KUHPerda), as well as evaluate their effectiveness as a preventive instrument in mitigating the risk of family conflict in the future. The research method used is normative juridical with a statutory approach and a conceptual approach.</em></p> <p style="margin: 0cm; margin-bottom: .0001pt; text-align: justify; text-indent: 1.0cm;"><em>The results of the study show that grants have a strong legal position as a pre-distribution medium for wealth. In Islamic Law, grants provide flexibility through voluntary grants with a maximum limit of 1/3 of the property (Article 210 of the Civil Code), while in the Civil Code, grants provide legal certainty through authentic deeds (Article 1666). The effectiveness of grants as a measure to mitigate conflict stems from three main mechanisms: (1) Emotional transparency, where the grantor can provide a logical explanation directly to potential heirs to reduce jealousy; (2) Legal certainty, through the use of Notary/PPAT deeds that have perfect evidentiary power; and (3) Proportional justice, which allows the distribution of property based on special needs or child service without violating the rigid nature (ijbari) of faraid law. </em></p> Nurul Fathanah Copyright (c) 2026 Fafahhamna 2026-06-13 2026-06-13 5 1 50 67 Tindak Pidana Hutan Lindung http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/252 <p style="margin: 0cm; margin-bottom: .0001pt; text-align: justify; text-indent: 1.0cm;"><em>Criminal acts are acts that are prohibited by the rule of law and threatened with criminal penalties, where the meaning of acts here is not only active acts (doing something that is actually prohibited by law) but also passive acts. A forest is a certain area whose land is overgrown with trees, where wild animals and forest birds live. </em></p> <p style="margin: 0cm; margin-bottom: .0001pt; text-align: justify; text-indent: 1.0cm;"><em>The type of research used in this research is normative legal research, normative research is often called doctrinal research, that is, research whose subject is a document of laws and regulations, literature and law materials that are conceptualized as norms or rules that apply in society and become a reference for everyone's behavior, the author also uses a law and regulation approach.</em></p> <p style="margin: 0cm; margin-bottom: .0001pt; text-align: justify; text-indent: 1.0cm;"><em>The results of the study show that illegal longging is a process that is contrary to the law or illegal according to the law, meaning carrying out forestry activities that have not been licensed and destructive, by taking illegal timber and non-timber forest products. Protected forest crimes are also a form of crime against forests, forestry and the environment, with a fairly wide impact covering economic, social and cultural aspects.</em></p> Naberi Copyright (c) 2026 Fafahhamna 2026-06-13 2026-06-13 5 1 68 82