KESADARAN HUKUM PARA ISTRI TERHADAP HARTA PEROLEHAN HASIL KEJAHATAN

(Studi Kasus Desa Rahuning Kecamatan Rahuning)

Abstract

This study aims to analyze the legal awareness of wives regarding property acquired from criminal acts in Rahuning Village, Rahuning District, and to examine such property from the perspective of Islamic law. This research employs an empirical-normative approach using a qualitative method. Primary data were obtained through in-depth interviews with six wives selected purposively, while secondary data were gathered through library research. The data were analyzed based on Soekanto's four indicators of legal awareness, namely legal knowledge, understanding, attitude, and behavior, and subsequently examined using Islamic law and the perspective of ḥifẓ al-māl in al-Shāṭibī's maqāṣid al-sharī’ah as a limited normative lens. The results indicate a discrepancy between the legal knowledge and actions of the wives. Most informants knew or understood that the source of the property originated from prohibited activities, yet not all of them rejected the assets. The behavioral differences between the two clusters appear to be related to the availability of alternative income sources, domestic power relations, and moral-religious beliefs operating simultaneously rather than being driven by a single factor. Islamic law review demonstrates that the source of property acquisition remains a crucial consideration. From the perspective of al-Shāṭibī's ḥifẓ al-māl, family needs do not transform property acquired from prohibited sources into lawful (halal) assets. Consequently, economic conditions and household circumstances can influence the wives' actions, even though they already possess knowledge and understanding of the legal issues surrounding the source of the property.