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 Tradisi Pemberian Uang Asap Dalam Perkawinan Perspektif Teori Konflik (Studi di Kabupaten Mempawah Provinsi Kalimantan Barat) http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/12 <p><em>Before the wedding in </em>Sui Kunyit Hulu<em> Village, there is a tradition that is still valid today, namely the tradition of giving smoked money in marriage. The fact is that in </em>Sui Kunyit Hulu<em> Village, if someone wants to get married, at least a week before the marriage contract, or a week in the reception the prospective groom must give some money to the prospective bride's family. There is no clear and definite source since when this tradition was first implemented, but people have been carrying out this tradition from the past until now.</em></p> <p><em>The purpose of this research is the first is why the people of </em>Sui Kunyit Hulu<em> Village, Sui Kunyit District, Mempawah Regency make smoke money a tradition in marriage? Second, how is the conflict between the people of </em>Sui Kunyit Hulu<em> Village, </em>Sui Kunyit<em> District, </em>Mempawah<em> Regency due to the smoke money tradition in terms of Ralf Dahrendorf's conflict theory?</em></p> <p><em>This study uses an empirical qualitative approach. Collecting data by means of observation, interviews and documentation. The analysis technique was carried out by data reduction, data verification and data analysis. While checking the validity of the data is done by triangulation method.</em></p> <p><em>The results of this study are: (1) Giving smoke money in marriages that occur in </em>Sui Kunyit Hulu<em> Village is mandatory. If the prospective groom does not fulfill it, it can hinder his marriage, because according to the community, this provision has become a tradition that has been passed down from generation to generation until now. However, along with the changes that occurred in the social life of the community, the tradition of giving smoke money was met with opposition from the community. (2) The opposition of the people of </em>Sui Kunyit Hulu<em> Village to the tradition of giving smoke money shows the truth of the essence of Ralf Dahrendorf's conflict theory which states that society has</em></p> <p><em>two faces, namely, consensus and opposition. The conflicting tradition of smoked money in marriage is due to the pressure of the power of the customary head as the superordinate of the authority in determining the smoked money tradition of the prospective groom as the subordinate who is required to give smoked money in marriage. The community involved in this conflict is divided into two groups, namely, the customary head and the bride's family as a pseudo group, then the community, especially the prospective groom as an interest group. </em></p> Muslimat Copyright (c) 2022 Fafahhamna 2022-11-07 2022-11-07 1 1 1 14 Repormasi Peradilan http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/13 <p><em>Corruption is a disease suffered by judges of justice so that people are reluctant to believe in justice and the application of judges' independence. For this reason, judicial reform is needed by involving all stakeholders in the judiciary. This paper examines judicial reform and how reform should be implemented. Reform is defined as an era of change or rearrangement of a concept, strategy and policy relating to various aspects of the life of society, nation and state. And if it is related to reform in the field of law and justice, it can be drawn the notion of "make a change by rearranging a concept, strategy or policy related to law and justice with its various aspects in the life of society, nation and state. </em></p> Naberi Copyright (c) 2022 Fafahhamna 2022-11-07 2022-11-07 1 1 15 32 Hak Istri Kedua Terhadap Harta Bersama Studi Komparatif Kompilasi Hukum Islam Dan Hukum Perdata B.W http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/14 <p><em>Joint assets are assets that are jointly acquired in marriage. This means that the assets obtained during the grace period between the time of the inauguration of the marriage until the marriage is broken, either due to divorce or death. Joint property does not only exist in monogamous marriages but also in polygamous marriages, joint property is very influential on welfare in the household. If the distribution of joint property is unfair, especially in polygamous marriages, it will certainly result in the absence of harmony in the household after the divorce.</em></p> <p><em>The concept of marital property in the Qur'an and Hadith consists of two aspects, namely maintenance and dowry. The concept of the formation of joint property in marriage has never been explained in the Qur'an and Hadith.</em></p> <p><em>The concept of the formation of joint property is due to the concept of syirkah between husband and wife, namely syirkah abdan (cooperation in labor) and syirkah mufawadhah (cooperation in capital).</em></p> <p><em>The right of the second wife in the KHI to joint property in the event of a divorce is half of the joint property, while according to Civil Law B.w, the rights of the second wife as regulated in article 181 of the Civil Code</em></p> Rabiatul Hidayah Copyright (c) 2022 Fafahhamna 2022-11-07 2022-11-07 1 1 33 51 Analisis Analisis Kedudukan Rekaman Cctv Dalam Pembuktian Tindak Pidana Pencurian http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/15 <p><em>In a case of evidence is a must by those facing the case in order to strengthen in determining the punishment for those who have violated the law as determined by the law in force in Indonesia, CCTV footage in a proof of the crime of theft has a very important position and strong in determining a law as well as proof through documents, through recordings also have the same high position in proving a case.</em></p> Haris Rosi Uti Abdullah Copyright (c) 2022 Fafahhamna 2022-11-07 2022-11-07 1 1 52 65 Analisis Kritis Terhadap Pendayagunaan Zakat Untuk Memberantas Kemiskinan http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/17 <p><em>Zakat is not something that is foreign to the Islamic world, but zakat is a solution for Muslims to build ukhuwah Islamiyah and share love between the rich and the poor. Although in reality humans are born the same, but in its development it can be different, depending on talent, skills, environment, life experience, and so on. The talents and opportunities possessed by humans will have implications for the existence of different abilities, and different abilities will have implications for the division of labor in society. </em></p> <p><em>As well as the different division of labor will result in different fields of work and business, which in each person will cause differences in income and income for everyone. So there is a need for awareness for rich people about the obligation of zakat, and reaffirmation for the pious people to provide guidance on the axiological meaning of zakat itself, because the verse on the obligation of zakat in the Qur'an is coupled with a verse that requires zakat. prayer, means in short that the power of law and also the fadilah of zakat is not much different from prayer. Poverty in our country is decreasing year by year but the number of poverty is increasing, and it becomes a problem for our country, especially for the government. Therefore, zakat is one form of effort to reduce poverty in our country.</em></p> Burhanudin Copyright (c) 2022 Fafahhamna 2022-11-07 2022-11-07 1 1 66 87 Implementasi Layanan Hibalitasi dan Rehabilitasi Dalam Peningkatan Pelayanan Rehabilitasi Sosial Bagi Penyandang Disabilitas http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/32 <p>The State of Indonesia is a legal state that has been contained in the 1945 Constitution in Article 1 paragraph (3), which implies that every citizen has the same position before the law, no one has immunity and privileges against the law. Because Indonesia is a state of law, the democratic system upholds the values ​​of justice for all Indonesian people. The concept of legal justice in creating a legal state that gives a sense of justice to every citizen is based on the provisions of laws and regulations so that they are orderly and orderly in their enforcement. In the end, the resulting law is a good and quality law in order to achieve the goals of justice and welfare for the Indonesian people as a whole, including persons with disabilities as holders of power and state sovereignty. Justice and welfare for all Indonesian people, including persons with disabilities where in improving their welfare, habilitation and rehabilitation services are needed as stipulated in Government Regulation Number 75 of 2020 concerning Habilitation and Rehabilitation Services for Persons with Disabilities. Meanwhile, Persons with Disabilities have also been regulated in Law Number 8 of 2016</p> <p>&nbsp;</p> <p>The purpose of this study is to determine the implementation or application of Government Regulation Number 75 of 2020, in particular Article 26 paragraph (1), regarding the efforts that have been made by the Regional Government towards habilitation and rehabilitation services for Persons with Disabilities.</p> <p>&nbsp;</p> <p>This study uses an empirical qualitative approach. Collecting data by means of observation, interviews and documentation. The analysis technique is done by data reduction, data verification and data analysis. While checking the validity of the data is done by triangulation method. The results of this study are: (1) Government Regulation Number 75 of 2020 regarding institutions as referred to in Article 26 paragraph (1) cannot be implemented by the Regional Government, the services provided are only in the form of assistance for persons with disabilities carried out by the Department of Social Affairs, Empowerment Women and Child Protection, Community Empowerment and Village Administration (2) Handling of Habilitation and Rehabilitation cannot be carried out comprehensively and multisectorally, comprehensive handling is a series of comprehensive treatments that involve various aspects in an integrated manner in accordance with the variety of Persons with Disabilities and multisectoral handling is carried out by the ministry /institutions related to Habilitation and Rehabilitation services.</p> Rondang Herlina Copyright (c) 2022 Fafahhamna 2022-11-07 2022-11-07 1 1 88 105 Sunni dan Syi'ah dalam Prespektif Islam http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/34 <p>This paper describes issues related to Islam specifically related to Sunni and Shia teachings. The many currents that develop in Islam today have resulted in Islam getting claims from various religious communities, such as terrorists and others, which has resulted in the dimming of the image of Islam in the arena of human religions. As the sects and teachings that dominate the world's religious civilizations, Sunni and Shi'a, it is necessary to clarify their religious existence in the Islamic religious arena, considering that many sects today claim the truth about themselves. departing from social realities related to the views of Islamic thinkers in Sunni and Shia teachings, this paper focuses on How Backgrounds, theological Sects, and Doctrines, as well as the differences between Sunni and Shia in an Islamic perspective.</p> Ismail ismail Copyright (c) 2022 Fafahhamna 2022-11-07 2022-11-07 1 1 106 124