PERSPEKTIF MASLAHAH DALAM PERJANJIAN PERKAWINAN MENGENAI HARTA DALAM UNDANG-UNDANG PERKAWINAN

https://doi.org/10.32488/harmoni.v1i22.667

Authors

  • Wildaniyah Mufidatul A’yun Institut Agama Islam Negeri Madura, Jawa Timur, Indonesia
  • Alif Hendra Hidayatullah Institut Agama Islam Negeri Madura, Jawa Timur, Indonesia

Keywords:

Perjanjian Perkawinan, Undang-undang Perkawinan, Maslahah

Abstract

The marriage agreement in the marriage law is an agreement between two prospective husband and wife to regulate the course of a family relationship, especially the issue of assets from both parties or each individual made before marriage and ratified by a marriage registrar. The purposes of making a marriage agreement include the validity of a marriage, to prevent disgraceful acts in it because the hope for marriage is for life, for legal certainty, legal evidence, and to prevent law smuggling. Such an agreement must be held before the marriage is carried out and regarding the agreement must be put in a written statement as proof of agreement between the two parties and it is permanent. The method in this study uses a type of library research using a statutory approach and a statutory approach is research that prioritizes legal material in the form of statutory regulations as a basic reference material in conducting research. The results of the study show that: first, the marriage agreement regarding assets in the marriage law is a marriage agreement that can be made before or at the time of marriage, in the form of a written agreement that is legalized by a marriage registrar. second, a review of the maslahah of the marriage agreement regarding assets in the marriage law, namely the marriage agreement that has a beneficial impact aims to apply Islamic law in muamalah issues. The marriage agreement regarding assets uses the rules contained in maqasid al-Shari'ah namely hifd al-Mal which means maintaining and utilizing wealth for good matters.

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Published

30-06-2023

How to Cite

A’yun , W. M. ., & Hidayatullah, . A. H. . (2023). PERSPEKTIF MASLAHAH DALAM PERJANJIAN PERKAWINAN MENGENAI HARTA DALAM UNDANG-UNDANG PERKAWINAN. Harmoni, 22(1), 22–47. https://doi.org/10.32488/harmoni.v1i22.667