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> en-US lp2m.staimempawah@gmail.com (Jauharatus Sa’diyah) enggaranggoro13@gmail.com (Enggar Anggoro) Tue, 23 Dec 2025 05:44:37 +0000 OJS 3.3.0.8 http://blogs.law.harvard.edu/tech/rss 60 Nikah Murtad Dalam Perspektif Fiqih Dan Hukum Positif Di Indonesia http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/204 <p><em>This paper discusses the legal status of marriage if one of the married couples apostatizes from Islam, with a comparative approach between the fiqh of the four schools (Hanafi, Maliki, Shafi'i, and Hambali) and positive law of Indonesia (Law No. 1 of 1974 and the Compilation of Islamic Law). The research in this paper uses library research. The study found that classical fiqh generally declares marriages to be void due to apostasy, while Indonesia's positive law still requires a court ruling. This study is important considering the diversity of legal systems that apply in Indonesian Muslim society.</em></p> Marsum Copyright (c) 2025 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/204 Tue, 23 Dec 2025 00:00:00 +0000 Khitan Bagi Perempuan Dalam Kajian Sejarah Sosiologi Hukum Islam http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/205 <p><em>This paper aims to find out about the study of conflicts between laws (government regulations that prohibit harmful acts), religious norms (varied Islamic views and community traditions. This study uses a normative juridical approach. The type of research used is Qualitative research, which is research that does not use statistical analysis procedures or other quantification methods, but uses qualitative data analysis procedures.</em></p> <p><em>Based on the results of the discussion, the practice of circumcision was first carried out by the Prophet Ibrahim, which was later made a tradition, as a foundation for the Prophet Muhammad and his followers in performing circumcision. The methods used to establish a law in Islam, namely shar'u man qablana. The scholars also differed in determining the black law for women. Some are mandatory, sunnah and some are prohibited. Thus, if circumcision for women can bring fame, then it is welcome to perform circumcision. However, if circumcision for women will cause confusion, then not circumcision for women is better.</em></p> Sri Wahyuni Copyright (c) 2025 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/205 Tue, 23 Dec 2025 00:00:00 +0000 Tabarruj Gaun Pengantin Wanita Saat Walimatul ‘Ursy http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/206 <p><em>In the context of Muslims, dressing has a deeper dimension, namely as a form of obedience to religious teachings. Islam teaches that dressing is not just about covering the body, but also reflects one's character, morals, and spiritual values. Therefore, understanding the concept of dressing well and modestly according to Islamic law is very important. Along with the times, Globalization and the influence of outside cultures often make the norm of dressing well and modestly overlooked. It is the same with tabarruj in the bride's dress during Walimatul Ursy. So this research intends to reveal how Islamic Law's view of the tabarruj of bridal dresses during wedding party events, understanding how to dress well and correctly according to Islamic law. The method used in this study is normative juridical research. From this study, it can be concluded that the best clothes are pious clothes, a way of dressing in accordance with the sharia of the Islamic religion, which does not contain tabarruj and isyraf. Most of the bride's dresses that exist today still contain tabarruj and isyraf, this can be seen in a rather tight echo even though there is a hijab that covers the chest and the excessive length of the dress until it falls to the ground. In Islamic Law, Tabarruj is haram because it can cause very dangerous slander.</em></p> Rabiatul Hidayah Copyright (c) 2025 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/206 Tue, 23 Dec 2025 00:00:00 +0000 Fenomena Pernikahan Siri Dalam Perspektif Sosiologi Hukum Islam Dusun Melapis Desa Sungai Duri Kecamatan Sungai Raya Kabupaten Bengkayang http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/207 <p><em>The phenomenon of serial marriage is still a prominent social reality in Melapis Hamlet, Sungai Duri Village, Sungai Raya District, Bengkayang Regency. This study aims to examine the factors behind the occurrence of serial marriages and analyze their implications in the perspective of the sociology of Islamic law. </em></p> <p><em>This study uses a qualitative approach with data collection techniques in the form of field observations, in-depth interviews, and documentation of community leaders, serial marriage perpetrators, village officials, and religious leaders.</em></p> <p><em>The results showed that the practice of serial marriage in the study location was influenced by several factors, including low public understanding of marriage law regulations, the encouragement of local culture that still tolerates this practice, economic reasons, and the desire of some couples to avoid administrative procedures that are considered complicated or costly. From the perspective of the sociology of Islamic law, this phenomenon reflects the gap between formal legal norms, both state law and Islamic law, which emphasizes the importance of marriage registration and the social reality of society that prioritizes religious legitimacy and social acceptance over state legality.</em></p> Farwati, Maulidia Rohmah, Mulyana, Sehroh, Muhammad Hambali Copyright (c) 2025 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/207 Tue, 23 Dec 2025 00:00:00 +0000 Peran Gender Dalam Pembagian Tugas Rumah Tangga Dan Dampaknya Terhadap Kualitas Pernikahan: Studi Di Kecamatan Mempawah Hilir Dalam Perspektif Hukum Islam http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/208 <p><em>The institution of marriage is not only a legal bond, but also a miniature society in which complex interactions between individuals with their respective roles and responsibilities occur. However, in social reality, gender relations in households often do not run equally. This study aims to analyze in depth the dynamics of gender roles in the division of household tasks and its influence on the quality of marriage in Mempawah Hilir District, Mempawah Regency. The Islamic Law approach is used as a normative lens to assess the alignment between practice in the field and sharia principles. The research method used is qualitative descriptive with a juridical-empirical approach. The results of the study revealed that the pattern of division of household tasks is still dominated by traditional patriarchal norms, where the wife bears the main responsibility in the domestic realm, while the husband plays the role of the main breadwinner. However, there is a significant shift in young, highly educated, and both working couples, who tend to implement a more egalitarian and negotiated division of duties. From the perspective of Islamic Law, this study concludes that the division of household duties is dynamic and contextual, based on the fundamental principles of justice (al-'adl), cooperation (ta'awun), and family welfare (maqashid sharia), which are far from rigid and gender-biased understandings.</em></p> Ali Zainal, Nurul Fathanah, Rondang Herlina Copyright (c) 2025 Fafahhamna http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/208 Tue, 23 Dec 2025 00:00:00 +0000